```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1452 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 1452

_______________________________________________________________________

                                 AN ACT

 
 To modernize the requirements under the National Manufactured Housing 
   Construction and Safety Standards Act of 1974 and to establish a 
     balanced consensus process for the development, revision, and 
    interpretation of Federal construction and safety standards for 
                          manufactured homes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Manufactured 
Housing Improvement Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Federal manufactured home construction and safety standards.
Sec. 5. Abolishment of National Manufactured Home Advisory Council; 
                            manufactured home installation.
Sec. 6. Public information.
Sec. 7. Research, testing, development, and training.
Sec. 8. Fees.
Sec. 9. Dispute resolution.
Sec. 10. Elimination of annual reporting requirement.
Sec. 11. Effective date.
Sec. 12. Savings provisions.
    (c) References.--Whenever in this Act an amendment is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to that section or other 
provision of the National Manufactured Housing Construction and Safety 
Standards Act of 1974 (42 U.S.C. 5401 et seq.).

SEC. 2. FINDINGS AND PURPOSES.

    Section 602 (42 U.S.C. 5401) is amended to read as follows:

``SEC. 602. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) manufactured housing plays a vital role in meeting 
        the housing needs of the Nation; and
            ``(2) manufactured homes provide a significant resource for 
        affordable homeownership and rental housing accessible to all 
        Americans.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to facilitate the acceptance of the quality, 
        durability, safety, and affordability of manufactured housing 
        within the Department of Housing and Urban Development;
            ``(2) to facilitate the availability of affordable 
        manufactured homes and to increase homeownership for all 
        Americans;
            ``(3) to provide for the establishment of practical, 
        uniform, and, to the extent possible, performance-based Federal 
        construction standards for manufactured homes;
            ``(4) to encourage innovative and cost-effective 
        construction techniques for manufactured homes;
            ``(5) to protect owners of manufactured homes from 
        unreasonable risk of personal injury and property damage;
            ``(6) to establish a balanced consensus process for the 
        development, revision, and interpretation of Federal 
        construction and safety standards for manufactured homes and 
        related regulations for the enforcement of such standards;
            ``(7) to ensure uniform and effective enforcement of 
        Federal construction and safety standards for manufactured 
        homes; and
            ``(8) to ensure that the public interest in, and need for, 
        affordable manufactured housing is duly considered in all 
        determinations relating to the Federal standards and their 
        enforcement.''.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 603 (42 U.S.C. 5402) is amended--
            (1) in paragraph (2), by striking ``dealer'' and inserting 
        ``retailer'';
            (2) in paragraph (12), by striking ``and'' at the end;
            (3) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(14) `administering organization' means the recognized, 
        voluntary, private sector, consensus standards body with 
        specific experience in developing model residential building 
        codes and standards involving all disciplines regarding 
        construction and safety that administers the consensus 
        standards through a development process;
            ``(15) `consensus committee' means the committee 
        established under section 604(a)(3);
            ``(16) `consensus standards development process' means the 
        process by which additions, revisions, and interpretations to 
        the Federal manufactured home construction and safety standards 
        and enforcement regulations shall be developed and recommended 
        to the Secretary by the consensus committee;
            ``(17) `primary inspection agency' means a State agency or 
        private organization that has been approved by the Secretary to 
        act as a design approval primary inspection agency or a 
        production inspection primary inspection agency, or both;
            ``(18) `design approval primary inspection agency' means a 
        State agency or private organization that has been approved by 
        the Secretary to evaluate and either approve or disapprove 
        manufactured home designs and quality control procedures;
            ``(19) `installation standards' means reasonable 
        specifications for the installation of a manufactured home, at 
        the place of occupancy, to ensure proper siting, the joining of 
        all sections of the home, and the installation of 
        stabilization, support, or anchoring systems;
            ``(20) `monitoring'--
                    ``(A) means the process of periodic review of the 
                primary inspection agencies, by the Secretary or by a 
                State agency under an approved State plan pursuant to 
                section 623, in accordance with regulations recommended 
                by the consensus committee and promulgated in 
                accordance with section 604(b), which process shall be 
                for the purpose of ensuring that the primary inspection 
                agencies are discharging their duties under this title; 
                and
                    ``(B) may include the periodic inspection of retail 
                locations for transit damage, label tampering, and 
                retailer compliance with this title; and
            ``(21) `production inspection primary inspection agency' 
        means a State agency or private organization that has been 
        approved by the Secretary to evaluate the ability of 
        manufactured home manufacturing plants to comply with approved 
        quality control procedures and with the Federal manufactured 
        home construction and safety standards promulgated under this 
        title.''.
    (b) Conforming Amendments.--The National Manufactured Housing 
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) 
is amended--
            (1) in section 613 (42 U.S.C. 5412), by striking ``dealer'' 
        each place it appears and inserting ``retailer'';
            (2) in section 614(f) (42 U.S.C. 5413(f)), by striking 
        ``dealer'' each place it appears and inserting ``retailer'';
            (3) in section 615 (42 U.S.C. 5414)--
                    (A) in subsection (b)(1), by striking ``dealer'' 
                and inserting ``retailer'';
                    (B) in subsection (b)(3), by striking ``dealer or 
                dealers'' and inserting ``retailer or retailers''; and
                    (C) in subsections (d) and (f), by striking 
                ``dealers'' each place it appears and inserting 
                ``retailers'';
            (4) in section 616 (42 U.S.C. 5415), by striking ``dealer'' 
        and inserting ``retailer''; and
            (5) in section 623(c)(9), by striking ``dealers'' and 
        inserting ``retailers''.

SEC. 4. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS.

    Section 604 (42 U.S.C. 5403) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Establishment.--
            ``(1) Authority.--The Secretary shall establish, by order, 
        appropriate Federal manufactured home construction and safety 
        standards, each of which--
                    ``(A) shall--
                            ``(i) be reasonable and practical;
                            ``(ii) meet high standards of protection 
                        consistent with the purposes of this title; and
                            ``(iii) be performance-based and 
                        objectively stated, unless clearly 
                        inappropriate; and
                    ``(B) except as provided in subsection (b), shall 
                be established in accordance with the consensus 
                standards development process.
            ``(2) Consensus standards and regulatory development 
        process.--
                    ``(A) Initial agreement.--Not later than 180 days 
                after the date of enactment of the Manufactured Housing 
                Improvement Act of 2000, the Secretary shall enter into 
                a contract with an administering organization. The 
                contractual agreement shall--
                            ``(i) terminate on the date on which a 
                        contract is entered into under subparagraph 
                        (B); and
                            ``(ii) require the administering 
                        organization to--
                                    ``(I) recommend the initial members 
                                of the consensus committee under 
                                paragraph (3);
                                    ``(II) administer the consensus 
                                standards development process until the 
                                termination of that agreement; and
                                    ``(III) administer the consensus 
                                development and interpretation process 
                                for procedural and enforcement 
                                regulations and regulations specifying 
                                the permissible scope and conduct of 
                                monitoring until the termination of 
                                that agreement.
                    ``(B) Competitively procured contract.--Upon the 
                expiration of the 4-year period beginning on the date 
                on which all members of the consensus committee are 
                appointed under paragraph (3), the Secretary shall, 
                using competitive procedures (as such term is defined 
                in section 4 of the Office of Federal Procurement 
                Policy Act), enter into a competitively awarded 
                contract with an administering organization. The 
                administering organization shall administer the 
                consensus process for the development and 
                interpretation of the Federal standards, the procedural 
                and enforcement regulations, and regulations specifying 
                the permissible scope and conduct of monitoring, in 
                accordance with this title.
                    ``(C) Performance review.--The Secretary--
                            ``(i) shall periodically review the 
                        performance of the administering organization; 
                        and
                            ``(ii) may replace the administering 
                        organization with another qualified technical 
                        or building code organization, pursuant to 
                        competitive procedures, if the Secretary 
                        determines in writing that the administering 
                        organization is not fulfilling the terms of the 
                        agreement or contract to which the 
                        administering organization is subject or upon 
                        the expiration of the agreement or contract.
            ``(3) Consensus committee.--
                    ``(A) Purpose.--There is established a committee to 
                be known as the `consensus committee', which shall 
                function as a single committee, and which shall, in 
                accordance with this title--
                            ``(i) provide periodic recommendations to 
                        the Secretary to adopt, revise, and interpret 
                        the Federal manufactured housing construction 
                        and safety standards in accordance with this 
                        subsection;
                            ``(ii) provide periodic recommendations to 
                        the Secretary to adopt, revise, and interpret 
                        the procedural and enforcement regulations, 
                        including regulations specifying the 
                        permissible scope and conduct of monitoring in 
                        accordance with this subsection; and
                            ``(iii) be organized and carry out its 
                        business in a manner that guarantees a fair 
                        opportunity for the expression and 
                        consideration of various positions and for 
                        public participation.
                    ``(B) Membership.--The consensus committee shall be 
                composed of--
                            ``(i) 21 voting members appointed by the 
                        Secretary, after consideration of the 
                        recommendations of the administering 
                        organization under paragraph (2)(A)(ii)(I), 
                        from among individuals who are qualified by 
                        background and experience to participate in the 
                        work of the consensus committee; and
                            ``(ii) 1 nonvoting member appointed by the 
                        Secretary to represent the Secretary on the 
                        consensus committee.
                    ``(C) Disapproval.--The Secretary shall state, in 
                writing, the reasons for failing to appoint under 
                subparagraph (B)(i) of this paragraph any individual 
                recommended by the administering organization under 
                paragraph (2)(A)(ii)(I).
                    ``(D) Selection procedures and requirements.--Each 
                member of the consensus committee shall be appointed in 
                accordance with selection procedures, which shall be 
                based on the procedures for consensus committees 
                promulgated by the American National Standards 
                Institute (or successor organization), except that the 
                American National Standards Institute interest 
                categories shall be modified for purposes of this 
                paragraph to ensure equal representation on the 
                consensus committee of the following interest 
                categories:
                            ``(i) Producers.--Seven producers or 
                        retailers of manufactured housing.
                            ``(ii) Users.--Seven persons representing 
                        consumer interests, such as consumer 
                        organizations, recognized consumer leaders, and 
                        owners who are residents of manufactured homes.
                            ``(iii) General interest and public 
                        officials.--Seven general interest and public 
                        official members.
                    ``(E) Balancing of interests.--
                            ``(i) In general.--In order to achieve a 
                        proper balance of interests on the consensus 
                        committee, the Secretary, in appointing the 
                        members of the consensus committee--
                                    ``(I) shall ensure that all 
                                directly and materially affected 
                                interests have the opportunity for fair 
                                and equitable participation without 
                                dominance by any single interest; and
                                    ``(II) may reject the appointment 
                                of any 1 or more individuals in order 
                                to ensure that there is not dominance 
                                by any single interest.
                            ``(ii) Dominance defined.--In this 
                        subparagraph, the term `dominance' means a 
                        position or exercise of dominant authority, 
                        leadership, or influence by reason of superior 
                        leverage, strength, or representation.
                    ``(F) Additional qualifications.--
                            ``(i) Financial independence.--An 
                        individual appointed under subparagraph (D)(ii) 
                        may not have--
                                    ``(I) a significant financial 
                                interest in any segment of the 
                                manufactured housing industry; or
                                    ``(II) a significant relationship 
                                to any person engaged in the 
                                manufactured housing industry.
                            ``(ii) Post-employment ban.--An individual 
                        appointed under clause (ii) or (iii) of 
                        subparagraph (D) shall be subject to a ban 
                        disallowing compensation from the manufactured 
                        housing industry during the 1-year period 
                        beginning on the last day of membership of that 
                        individual on the consensus committee.
                    ``(G) Meetings.--
                            ``(i) Notice; open to public.--The 
                        consensus committee shall provide advance 
                        notice of each meeting of the consensus 
                        committee to the Secretary and cause to be 
                        published in the Federal Register advance 
                        notice of each such meeting. All meetings of 
                        the consensus committee shall be open to the 
                        public.
                            ``(ii) Reimbursement.--Members of the 
                        consensus committee in attendance at meetings 
                        of the consensus committee shall be reimbursed 
                        for their actual expenses as authorized by 
                        section 5703 of title 5, United States Code, 
                        for persons employed intermittently in 
                        Government service.
                    ``(H) Inapplicability of other laws.--
                            ``(i) Advisory committee act.--The 
                        consensus committee shall not be considered to 
                        be an advisory committee for purposes of the 
                        Federal Advisory Committee Act.
                            ``(ii) Title 18.--The members of the 
                        consensus committee shall not be subject to 
                        section 203, 205, 207, or 208 of title 18, 
                        United States Code, to the extent of their 
                        proper participation as members of the 
                        consensus committee.
                            ``(iii) Ethics in government act of 1978.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Ethics in 
                                Government Act of 1978 (5 U.S.C. App.) 
                                shall not apply to members of the 
                                consensus committee to the extent of 
                                their proper participation as members 
                                of the consensus committee.
                                    ``(II) Financial disclosure.--The 
                                Secretary shall collect from each 
                                member of the consensus committee the 
                                financial information required to be 
                                disclosed under section 102 of the 
                                Ethics in Government Act of 1978 (5 
                                U.S.C. App.). Notwithstanding section 
                                552 of title 5, United States Code, 
                                such information shall be confidential 
                                and shall not be disclosed to any 
                                person, unless such disclosure is 
                                determined to be necessary by--
                                            ``(aa) the Secretary;
                                            ``(bb) the Chairman or 
                                        Ranking Member of the Committee 
                                        on Banking, Housing, and Urban 
                                        Affairs of the Senate; or
                                            ``(cc) the Chairman or 
                                        Ranking Member of the Committee 
                                        on Banking and Financial 
                                        Services of the House of 
                                        Representatives.
                                    ``(III) Prohibition on gifts from 
                                outside sources.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), an individual who 
                                        is a member of the consensus 
                                        committee may not solicit or 
                                        accept a gift of services or 
                                        property (including any 
                                        gratuity, favor, discount, 
                                        entertainment, hospitality, 
                                        loan, forbearance, or other 
                                        item having monetary value), if 
                                        the gift is solicited or given 
                                        because of the status of that 
                                        individual as a member of the 
                                        consensus committee.
                                            ``(bb) Exceptions.--The 
                                        Secretary shall by regulation 
                                        establish such exceptions to 
                                        item (aa) as the Secretary 
                                        determines to be appropriate, 
                                        which shall include an 
                                        exception for de minimus gifts.
                    ``(I) Administration.--The consensus committee and 
                the administering organization shall--
                            ``(i) operate in conformance with the 
                        procedures established by the American National 
                        Standards Institute for the development and 
                        coordination of American National Standards; 
                        and
                            ``(ii) apply to the American National 
                        Standards Institute and take such other actions 
                        as may be necessary to obtain accreditation 
                        from the American National Standards Institute.
                    ``(J) Staff and technical support.--The 
                administering organization shall, upon the request of 
                the consensus committee--
                            ``(i) provide reasonable staff resources to 
                        the consensus committee; and
                            ``(ii) furnish technical support in a 
                        timely manner to any of the interest categories 
                        described in subparagraph (D) represented on 
                        the consensus committee, if--
                                    ``(I) the support is necessary to 
                                ensure the informed participation of 
                                the consensus committee members; and
                                    ``(II) the costs of providing the 
                                support are reasonable.
                    ``(K) Date of initial appointments.--The initial 
                appointments of all of the members of the consensus 
                committee shall be completed not later than 90 days 
                after the date on which an administration agreement 
                under paragraph (2)(A) is completed with the 
                administering organization.
            ``(4) Revisions of standards and regulations.--
                    ``(A) In general.--Beginning on the date on which 
                all members of the consensus committee are appointed 
                under paragraph (3), the consensus committee shall, not 
                less than once during each 2-year period--
                            ``(i) consider revisions to the Federal 
                        manufactured home construction and safety 
                        standards and regulations; and
                            ``(ii) submit to the Secretary in the form 
                        of a proposed rule (including an economic 
                        analysis), any proposed revised standard or 
                        regulation approved by a \2/3\ majority vote of 
                        the consensus committee.
                    ``(B) Publication of proposed revised standards and 
                regulations.--
                            ``(i) Publication by secretary.--The 
                        consensus committee shall provide a proposed 
                        revised standard or regulation under 
                        subparagraph (A)(ii) to the Secretary who 
                        shall, not later than 30 days after receipt, 
                        publish such proposed revised standard or 
                        regulation in the Federal Register for notice 
                        and comment. Unless clause (ii) applies, the 
                        Secretary shall provide an opportunity for 
                        public comment on such proposed revised 
                        standard or regulation and any such comments 
                        shall be submitted directly to the consensus 
                        committee, without delay.
                            ``(ii) Publication of rejected proposed 
                        revised standards and regulations.--If the 
                        Secretary rejects the proposed revised standard 
                        or regulation, the Secretary shall publish in 
                        the Federal Register the rejected proposed 
                        revised standard or regulation, the reasons for 
                        rejection, and any recommended modifications 
                        set forth.
                    ``(C) Presentation of public comments; publication 
                of recommended revisions.--
                            ``(i) Presentation.--Any public comments, 
                        views, and objections to a proposed revised 
                        standard or regulation published under 
                        subparagraph (B) shall be presented by the 
                        Secretary to the consensus committee upon their 
                        receipt and in the manner received, in 
                        accordance with procedures established by the 
                        American National Standards Institute.
                            ``(ii) Publication by the secretary.--The 
                        consensus committee shall provide to the 
                        Secretary any revisions proposed by the 
                        consensus committee, which the Secretary shall, 
                        not later than 7 calendar days after receipt, 
                        publish in the Federal Register a notice of the 
                        recommended revisions of the consensus 
                        committee to the standards or regulations, a 
                        notice of the submission of the recommended 
                        revisions to the Secretary, and a description 
                        of the circumstances under which the proposed 
                        revised standards or regulations could become 
                        effective.
                            ``(iii) Publication of rejected proposed 
                        revised standards and regulations.--If the 
                        Secretary rejects the proposed revised standard 
                        or regulation, the Secretary shall publish in 
                        the Federal Register the rejected proposed 
                        revised standard or regulation, the reasons for 
                        rejection, and any recommended modifications 
                        set forth.
            ``(5) Review by the secretary.--
                    ``(A) In general.--The Secretary shall either 
                adopt, modify, or reject a standard or regulation, as 
                submitted by the consensus committee under paragraph 
                (4)(A).
                    ``(B) Timing.--Not later than 12 months after the 
                date on which a standard or regulation is submitted to 
                the Secretary by the consensus committee, the Secretary 
                shall take action regarding such standard or regulation 
                under subparagraph (C).
                    ``(C) Procedures.--If the Secretary--
                            ``(i) adopts a standard or regulation 
                        recommended by the consensus committee, the 
                        Secretary shall--
                                    ``(I) issue a final order without 
                                further rulemaking; and
                                    ``(II) publish the final order in 
                                the Federal Register;
                            ``(ii) determines that any standard or 
                        regulation should be rejected, the Secretary 
                        shall--
                                    ``(I) reject the standard or 
                                regulation; and
                                    ``(II) publish in the Federal 
                                Register a notice to that effect, 
                                together with the reason or reasons for 
                                rejecting the proposed standard or 
                                regulation; or
                            ``(iii) determines that a standard or 
                        regulation recommended by the consensus 
                        committee should be modified, the Secretary 
                        shall--
                                    ``(I) publish in the Federal 
                                Register the proposed modified standard 
                                or regulation, together with an 
                                explanation of the reason or reasons 
                                for the determination of the Secretary; 
                                and
                                    ``(II) provide an opportunity for 
                                public comment in accordance with 
                                section 553 of title 5, United States 
                                Code.
                    ``(D) Final order.--Any final standard or 
                regulation under this paragraph shall become effective 
                pursuant to subsection (c).
            ``(6) Failure to act.--If the Secretary fails to take final 
        action under paragraph (5) with respect to a proposed revised 
        standard submitted by the consensus committee under paragraph 
        (4)(A) and to publish notice of the action in the Federal 
        Register before the expiration of the 12-month period beginning 
        on the date on which the proposed revised standard is submitted 
        to the Secretary under paragraph (4)(A)--
                    ``(A) the proposed revised standard--
                            ``(i) shall be considered to have been 
                        adopted by the Secretary; and
                            ``(ii) shall take effect upon the 
                        expiration of the 180-day period that begins 
                        upon the conclusion of such 12-month period; 
                        and
                    ``(B) not later than 10 days after the expiration 
                of such 12-month period, the Secretary publish in the 
                Federal Register a notice of the failure of the 
                Secretary to act, the revised standard, and the 
                effective date of the revised standard, which notice 
                shall be deemed to be an order of the Secretary 
                approving the revised standard.
    ``(b) Other Orders.--
            ``(1) Interpretative bulletins.--The Secretary may issue 
        interpretative bulletins to clarify the meaning of any Federal 
        manufactured home construction and safety standard or 
        procedural and enforcement regulation. The consensus committee 
        may submit to the Secretary proposed interpretative bulletins 
        to clarify the meaning of any Federal manufactured home 
        construction and safety standard or procedural and enforcement 
        regulation.
            ``(2) Review by consensus committee.--Before issuing a 
        procedural or enforcement regulation or an interpretative 
        bulletin--
                    ``(A) the Secretary shall--
                            ``(i) submit the proposed procedural or 
                        enforcement regulation or interpretative 
                        bulletin to the consensus committee; and
                            ``(ii) provide the consensus committee with 
                        a period of 120 days to submit written comments 
                        to the Secretary on the proposed procedural or 
                        enforcement regulation or the interpretative 
                        bulletin;
                    ``(B) if the Secretary rejects any significant 
                comment provided by the consensus committee under 
                subparagraph (A), the Secretary shall provide a written 
                explanation of the reasons for the rejection to the 
                consensus committee; and
                    ``(C) following compliance with subparagraphs (A) 
                and (B), the Secretary shall--
                            ``(i) publish in the Federal Register the 
                        proposed regulation or interpretative bulletin 
                        and the written comments of the consensus 
                        committee, along with the response of the 
                        Secretary to those comments; and
                            ``(ii) provide an opportunity for public 
                        comment in accordance with section 553 of title 
                        5, United States Code.
            ``(3) Required action.--Not later than 120 days after the 
        date on which the Secretary receives a proposed regulation or 
        interpretative bulletin submitted by the consensus committee, 
        the Secretary shall--
                    ``(A) approve the proposal and publish the proposed 
                regulation or interpretative bulletin for public 
                comment in accordance with section 553 of title 5, 
                United States Code; or
                    ``(B) reject the proposed regulation or 
                interpretative bulletin and--
                            ``(i) provide to the consensus committee a 
                        written explanation of the reasons for 
                        rejection; and
                            ``(ii) publish in the Federal Register the 
                        proposed regulation and the written explanation 
                        for the rejection.
            ``(4) Emergency orders.--If the Secretary determines, in 
        writing, that such action is necessary in order to respond to 
        an emergency that jeopardizes the public health or safety, or 
        to address an issue on which the Secretary determines that the 
        consensus committee has not made a timely recommendation, 
        following a request by the Secretary, the Secretary may issue 
        an order that is not developed under the procedures set forth 
        in subsection (a) or in this subsection, if the Secretary--
                    ``(A) provides to the consensus committee a written 
                description and sets forth the reasons why emergency 
                action is necessary and all supporting documentation; 
                and
                    ``(B) issues the order and publishes the order in 
                the Federal Register.
            ``(5) Changes.--Any statement of policies, practices, or 
        procedures relating to construction and safety standards, 
        regulations, inspections, monitoring, or other enforcement 
        activities that constitutes a statement of general or 
        particular applicability to implement, interpret, or prescribe 
        law or policy by the Secretary is subject to subsection (a) or 
        this subsection. Any change adopted in violation of subsection 
        (a) or this subsection is void.'';
            (2) in subsection (d), by adding at the end the following: 
        ``Federal preemption under this subsection shall be broadly and 
        liberally construed to ensure that disparate State or local 
        requirements or standards do not affect the uniformity and 
        comprehensiveness of the standards promulgated under this 
        section nor the Federal superintendence of the manufactured 
        housing industry as established by this title. Subject to 
        section 605, there is reserved to each State the right to 
        establish standards for the stabilizing and support systems of 
        manufactured homes sited within that State, and for the 
        foundations on which manufactured homes sited within that State 
        are installed, and the right to enforce compliance with such 
        standards.'';
            (3) by striking subsection (e);
            (4) in subsection (f), by striking the subsection 
        designation and all of the matter that precedes paragraph (1) 
        and inserting the following:
    ``(e) Considerations in Establishing and Interpreting Standards and 
Regulations.--The consensus committee, in recommending standards, 
regulations, and interpretations, and the Secretary, in establishing 
standards or regulations or issuing interpretations under this section, 
shall--'';
            (5) by striking subsection (g);
            (6) in the first sentence of subsection (j), by striking 
        ``subsection (f)'' and inserting ``subsection (e)''; and
            (7) by redesignating subsections (h), (i), and (j), as 
        subsections (f), (g), and (h), respectively.

SEC. 5. ABOLISHMENT OF NATIONAL MANUFACTURED HOME ADVISORY COUNCIL; 
              MANUFACTURED HOME INSTALLATION.

    (a) In General.--Section 605 (42 U.S.C. 5404) is amended to read as 
follows:

``SEC. 605. MANUFACTURED HOME INSTALLATION.

    ``(a) Provision of Installation Design and Instructions.--A 
manufacturer shall provide with each manufactured home, design and 
instructions for the installation of the manufactured home that have 
been approved by a design approval primary inspection agency.
    ``(b) Model Manufactured Home Installation Standards.--
            ``(1) Proposed model standards.--Not later than 18 months 
        after the date on which the initial appointments of all of the 
        members of the consensus committee are completed, the consensus 
        committee shall develop and submit to the Secretary proposed 
        model manufactured home installation standards, which shall be 
        consistent with--
                    ``(A) the manufactured home designs that have been 
                approved by a design approval primary inspection 
                agency; and
                    ``(B) the designs and instructions for the 
                installation of manufactured homes provided by 
                manufacturers under subsection (a).
            ``(2) Establishment of model standards.--Not later than 12 
        months after receiving the proposed model standards submitted 
        under paragraph (1), the Secretary shall develop and establish 
        model manufactured home installation standards, which shall be 
        consistent with--
                    ``(A) the manufactured home designs that have been 
                approved by a design approval primary inspection 
                agency; and
                    ``(B) the designs and instructions for the 
                installation of manufactured homes provided by 
                manufacturers under subsection (a).
            ``(3) Factor for consideration.--
                    ``(A) Consensus committee.--In developing the 
                proposed model standards under paragraph (1), the 
                consensus committee shall consider the factor described 
                in section 604(e)(4).
                    ``(B) Secretary.--In developing and establishing 
                the model standards under paragraph (2), the Secretary 
                shall consider the factor described in section 
                604(e)(4).
    ``(c) Manufactured Home Installation Programs.--
            ``(1) Protection of manufactured housing residents during 
        initial period.--During the 5-year period beginning on the date 
        of enactment of the Manufactured Housing Improvement Act of 
        2000, no State or manufacturer may establish or implement any 
        installation standards that, in the determination of the 
        Secretary, provide less protection to the residents of 
        manufactured homes than the protection provided by the 
        installation standards in effect with respect to the State or 
        manufacturer, as applicable, on the date of enactment of the 
        Manufactured Housing Improvement Act of 2000.
            ``(2) Enforcement of installation standards.--
                    ``(A) Establishment of installation program.--Not 
                later than the expiration of the 5-year period 
                described in paragraph (1), the Secretary shall 
                establish an installation program that meets the 
                requirements of paragraph (3) for the enforcement of 
                installation standards in each State described in 
                subparagraph (B) of this paragraph.
                    ``(B) Implementation of installation program.--
                Beginning on the expiration of the 5-year period 
                described in paragraph (1), the Secretary shall 
                implement the installation program established under 
                subparagraph (A) in each State that does not have an 
                installation program established by State law that 
                meets the requirements of paragraph (3).
                    ``(C) Contracting out of implementation.--In 
                carrying out subparagraph (B), the Secretary may 
                contract with an appropriate agent to implement the 
                installation program established under that 
                subparagraph, except that such agent shall not be a 
                person or entity other than a government, nor an 
                affiliate or subsidiary of such a person or entity, 
                that has entered into a contract with the Secretary to 
                implement any other regulatory program under this 
                title.
            ``(3) Requirements.--An installation program meets the 
        requirements of this paragraph if it is a program regulating 
        the installation of manufactured homes that includes--
                    ``(A) installation standards that, in the 
                determination of the Secretary, provide protection to 
                the residents of manufactured homes that equals or 
                exceeds the protection provided to those residents by--
                            ``(i) the model manufactured home 
                        installation standards established by the 
                        Secretary under subsection (b)(2); or
                            ``(ii) the designs and instructions 
                        provided by manufacturers under subsection (a), 
                        if the Secretary determines that such designs 
                        and instructions provide protection to the 
                        residents of manufactured homes that equals or 
                        exceeds the protection provided by the model 
                        manufactured home installation standards 
                        established by the Secretary under subsection 
                        (b)(2);
                    ``(B) the training and licensing of manufactured 
                home installers; and
                    ``(C) inspection of the installation of 
                manufactured homes.''.
    (b) Conforming Amendments.--Section 623(c) (42 U.S.C. 5422(c)) is 
amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) by redesignating paragraph (11) as paragraph (13); and
            (3) by inserting after paragraph (10) the following:
            ``(11) with respect to any State plan submitted on or after 
        the expiration of the 5-year period beginning on the date of 
        enactment of the Manufactured Housing Improvement Act of 2000, 
        provides for an installation program established by State law 
        that meets the requirements of section 605(c)(3);''.

SEC. 6. PUBLIC INFORMATION.

    Section 607 (42 U.S.C. 5406) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``to the Secretary'' after 
                ``submit''; and
                    (B) by adding at the end the following: ``The 
                Secretary shall submit such cost and other information 
                to the consensus committee for evaluation.'';
            (2) in subsection (d), by inserting ``, the consensus 
        committee,'' after ``public''; and
            (3) by striking subsection (c) and redesignating 
        subsections (d) and (e) as subsections (c) and (d), 
        respectively.

SEC. 7. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.

    (a) In General.--Section 608(a) (42 U.S.C. 5407(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) encouraging the government-sponsored housing entities 
        to actively develop and implement secondary market 
        securitization programs for the FHA manufactured home loans and 
        those of other loan programs, as appropriate, thereby promoting 
        the availability of affordable manufactured homes to increase 
        homeownership for all people in the United States; and
            ``(5) reviewing the programs for FHA manufactured home 
        loans and developing any changes to such programs to promote 
        the affordability of manufactured homes, including changes in 
        loan terms, amortization periods, regulations, and 
        procedures.''.
    (b) Definitions.--Section 608 (42 U.S.C. 5407) is amended by adding 
at the end the following:
    ``(c) Definitions.--In this section:
            ``(1) Government-sponsored housing entities.--The term 
        `government-sponsored housing entities' means the Government 
        National Mortgage Association of the Department of Housing and 
        Urban Development, the Federal National Mortgage Association, 
        and the Federal Home Loan Mortgage Corporation.
            ``(2) FHA manufactured home loan.--The term `FHA 
        manufactured home loan' means a loan that--
                    ``(A) is insured under title I of the National 
                Housing Act and is made for the purpose of financing 
                alterations, repairs, or improvements on or in 
                connection with an existing manufactured home, the 
                purchase of a manufactured home, the purchase of a 
                manufactured home and a lot on which to place the home, 
                or the purchase only of a lot on which to place a 
                manufactured home; or
                    ``(B) is otherwise insured under the National 
                Housing Act and made for or in connection with a 
                manufactured home.''.

SEC. 8. FEES.

    Section 620 (42 U.S.C. 5419) is amended to read as follows:

``SEC. 620. AUTHORITY TO COLLECT FEE.

    ``(a) In General.--In carrying out inspections under this title, in 
developing standards and regulations pursuant to section 604, and in 
facilitating the acceptance of the affordability and availability of 
manufactured housing within the Department, the Secretary may--
            ``(1) establish and collect from manufactured home 
        manufacturers a reasonable fee, as may be necessary to offset 
        the expenses incurred by the Secretary in connection with 
        carrying out the responsibilities of the Secretary under this 
        title, including--
                    ``(A) conducting inspections and monitoring;
                    ``(B) providing funding to States for the 
                administration and implementation of approved State 
                plans under section 623, including reasonable funding 
                for cooperative educational and training programs 
                designed to facilitate uniform enforcement under this 
                title, which funds may be paid directly to the States 
                or may be paid or provided to any person or entity 
                designated to receive and disburse such funds by 
                cooperative agreements among participating States, 
                provided that such person or entity is not otherwise an 
                agent of the Secretary under this title;
                    ``(C) providing the funding for a noncareer 
                administrator within the Department to administer the 
                manufactured housing program;
                    ``(D) providing the funding for salaries and 
                expenses of employees of the Department to carry out 
                the manufactured housing program;
                    ``(E) administering the consensus committee as set 
                forth in section 604; and
                    ``(F) facilitating the acceptance of the quality, 
                durability, safety, and affordability of manufactured 
                housing within the Department; and
            ``(2) subject to subsection (e), use amounts from any fee 
        collected under paragraph (1) of this subsection to pay 
        expenses referred to in that paragraph, which shall be exempt 
        and separate from any limitations on the Department regarding 
        full-time equivalent positions and travel.
    ``(b) Contractors.--In using amounts from any fee collected under 
this section, the Secretary shall ensure that separate and independent 
contractors are retained to carry out monitoring and inspection work 
and any other work that may be delegated to a contractor under this 
title.
    ``(c) Prohibited Use.--No amount from any fee collected under this 
section may be used for any purpose or activity not specifically 
authorized by this title, unless such activity was already engaged in 
by the Secretary prior to the date of enactment of the Manufactured 
Housing Improvement Act of 2000.
    ``(d) Modification.--Beginning on the date of enactment of the 
Manufactured Housing Improvement Act of 2000, the amount of any fee 
collected under this section may only be modified--
            ``(1) as specifically authorized in advance in an annual 
        appropriations Act; and
            ``(2) pursuant to rulemaking in accordance with section 553 
        of title 5, United States Code.
    ``(e) Appropriation and Deposit of Fees.--
            ``(1) In general.--There is established in the Treasury of 
        the United States a fund to be known as the `Manufactured 
        Housing Fees Trust Fund' for deposit of amounts from any fee 
        collected under this section. Such amounts shall be held in 
        trust for use only as provided in this title.
            ``(2) Appropriation.--Amounts from any fee collected under 
        this section shall be available for expenditure only to the 
        extent approved in advance in an annual appropriations Act. Any 
        change in the expenditure of such amounts shall be specifically 
        authorized in advance in an annual appropriations Act.
            ``(3) Payments to states.--On and after the effective date 
        of the Manufactured Housing Improvement Act of 2000, the 
        Secretary shall continue to fund the States having approved 
        State plans in the amounts which are not less than the 
        allocated amounts, based on the fee distribution system in 
        effect on the day before such effective date.''.

SEC. 9. DISPUTE RESOLUTION.

    Section 623(c) (42 U.S.C. 5422(c)) is amended--
            (1) by inserting after paragraph (11) (as added by section 
        5(b) of this Act) the following:
            ``(12) with respect to any State plan submitted on or after 
        the expiration of the 5-year period beginning on the date of 
        enactment of the Manufactured Housing Improvement Act of 2000, 
        provides for a dispute resolution program for the timely 
        resolution of disputes between manufacturers, retailers, and 
        installers of manufactured homes regarding responsibility for 
        the correction or repair of defects in manufactured homes that 
        are reported during the 1-year period beginning on the date of 
        installation; and''; and
            (2) by adding at the end the following:
    ``(g) Enforcement of Dispute Resolution Standards.--
            ``(1) Establishment of dispute resolution program.--Not 
        later than the expiration of the 5-year period beginning on the 
        date of enactment of the Manufactured Housing Improvement Act 
        of 2000, the Secretary shall establish a dispute resolution 
        program that meets the requirements of subsection (c)(12) for 
        dispute resolution in each State described in paragraph (2) of 
        this subsection.
            ``(2) Implementation of dispute resolution program.--
        Beginning on the expiration of the 5-year period described in 
        paragraph (1), the Secretary shall implement the dispute 
        resolution program established under paragraph (1) in each 
        State that has not established a dispute resolution program 
        that meets the requirements of subsection (c)(12).
            ``(3) Contracting out of implementation.--In carrying out 
        paragraph (2), the Secretary may contract with an appropriate 
        agent to implement the dispute resolution program established 
        under paragraph (2), except that such agent shall not be a 
        person or entity other than a government, nor an affiliate or 
        subsidiary of such a person or entity, that has entered into a 
        contract with the Secretary to implement any other regulatory 
        program under this title.''.

SEC. 10. ELIMINATION OF ANNUAL REPORTING REQUIREMENT.

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401 et seq.) is amended--
            (1) by striking section 626 (42 U.S.C. 5425); and
            (2) by redesignating sections 627 and 628 (42 U.S.C. 5426, 
        5401 note) as sections 626 and 627, respectively.

SEC. 11. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
enactment of this Act, except that the amendments shall have no effect 
on any order or interpretative bulletin that is issued under the 
National Manufactured Housing Construction and Safety Standards Act of 
1974 (42 U.S.C. 5401 et seq.) and published as a proposed rule pursuant 
to section 553 of title 5, United States Code, on or before that date 
of enactment.

SEC. 12. SAVINGS PROVISIONS.

    (a) Standards and Regulations.--The Federal manufactured home 
construction and safety standards (as such term is defined in section 
603 of the National Manufactured Housing Construction and Safety 
Standards Act of 1974) and all regulations pertaining thereto in effect 
on the day before the date of enactment of this Act shall apply until 
the effective date of a standard or regulation modifying or superseding 
the existing standard or regulation that is promulgated under 
subsection (a) or (b) of section 604 of the National Manufactured 
Housing Construction and Safety Standards Act of 1974, as amended by 
this Act.
    (b) Contracts.--Any contract awarded pursuant to a Request for 
Proposal issued before the date of enactment of this Act shall remain 
in effect until the earlier of--
            (1) the expiration of the 2-year period beginning on the 
        date of enactment of this Act; or
            (2) the expiration of the contract term.

            Passed the Senate May 4, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1452

_______________________________________________________________________

                                 AN ACT

 To modernize the requirements under the National Manufactured Housing 
   Construction and Safety Standards Act of 1974 and to establish a 
     balanced consensus process for the development, revision, and 
    interpretation of Federal construction and safety standards for 
                          manufactured homes.

S 1452 ES----2
S 1452 ES----3
S 1452 ES----4
S 1452 ES----5
```