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‘‘(B) any amounts appropriated pursuant
to paragraph (7);
‘‘(C) any guarantee fees collected under
subsection (d); and
‘‘(D) any interest or earnings on amounts
invested under paragraph (4).
‘‘(3) USE.—Amounts in the Guarantee Fund
shall be available, to the extent provided in appro-
priations Acts, for—
‘‘(A) fulfilling any obligations of the Sec-
retary with respect to loans guaranteed under
this section, including the costs (as that term is
defined in section 502 of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a)) of such
loans;
‘‘(B) paying taxes, insurance, prior liens,
expenses necessary to make fiscal adjustment in
connection with the application and transmittal
of collections, and other expenses and advances
to protect the Secretary for loans which are
guaranteed under this section or held by the
Secretary;
‘‘(C) acquiring such security property at
foreclosure sales or otherwise;
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‘‘(D) paying administrative expenses in
connection with this section; and
‘‘(E) reasonable and necessary costs of re-
habilitation and repair to properties that the
Secretary holds or owns pursuant to this sec-
tion.
‘‘(4) INVESTMENT.—Any amounts in the Guar-
antee Fund determined by the Secretary to be in ex-
cess of amounts currently required at the time of the
determination to carry out this section may be in-
vested in obligations of the United States.
‘‘(5) LIMITATION ON COMMITMENTS TO GUAR-
ANTEE LOANS AND MORTGAGES.—
‘‘(A) 
REQUIREMENT
OF
APPROPRIA-
TIONS.—The authority of the Secretary to enter
into commitments to guarantee loans under this
section shall be effective for any fiscal year to
the extent, or in such amounts as are, or have
been, provided in appropriations Acts, without
regard to the fiscal year for which such
amounts were appropriated.
‘‘(B) LIMITATIONS ON COSTS OF GUARAN-
TEES.—The authority of the Secretary to enter
into commitments to guarantee loans under this
section shall be effective for any fiscal year only
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to the extent that amounts in the Guarantee
Fund are or have been made available in appro-
priations Acts to cover the costs (as that term
is defined in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a)) of such
loan guarantees for such fiscal year. Any
amounts appropriated pursuant to this subpara-
graph shall remain available until expended.
‘‘(C) LIMITATION
ON
OUTSTANDING
AG-
GREGATE PRINCIPAL AMOUNT.—Subject to the
limitations in subparagraphs (A) and (B), the
Secretary may enter into commitments to guar-
antee loans under this section for each of fiscal
years 2001, 2002, 2003, 2004, and 2005 with
an aggregate outstanding principal amount not
exceeding $100,000,000 for each such fiscal
year.
‘‘(6) LIABILITIES.—All liabilities and obliga-
tions of the assets credited to the Guarantee Fund
under paragraph (2)(A) shall be liabilities and obli-
gations of the Guarantee Fund.
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the
Guarantee Fund to carry out this section such sums
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as may be necessary for each of fiscal years 2001,
2002, 2003, 2004, and 2005.
‘‘(k) REQUIREMENTS FOR STANDARD HOUSING.—
‘‘(1) IN
GENERAL.—The Secretary shall, by
regulation, establish housing safety and quality
standards to be applied for use under this section.
‘‘(2) STANDARDS.—The standards referred to
in paragraph (1) shall—
‘‘(A) provide sufficient flexibility to permit
the use of various designs and materials in
housing acquired with loans guaranteed under
this section; and
‘‘(B) require each dwelling unit in any
housing acquired in the manner described in
subparagraph (A) to—
‘‘(i) be decent, safe, sanitary, and
modest in size and design;
‘‘(ii) conform with applicable general
construction standards for the region in
which the housing is located;
‘‘(iii) contain a plumbing system
that—
‘‘(I) uses a properly installed sys-
tem of piping;
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‘‘(II) includes a kitchen sink and
a partitional bathroom with lavatory,
toilet, and bath or shower; and
‘‘(III) uses water supply, plumb-
ing, and sewage disposal systems that
conform to any minimum standards
established by the applicable county or
State;
‘‘(iv) contain an electrical system
using wiring and equipment properly in-
stalled to safely supply electrical energy for
adequate lighting and for operation of ap-
pliances that conforms to any appropriate
county, State, or national code;
‘‘(v) be not less than the size provided
under the applicable locally adopted stand-
ards for size of dwelling units, except that
the Secretary, upon request of the Depart-
ment of Hawaiian Home Lands may waive
the size requirements under this para-
graph; and
‘‘(vi) conform with the energy per-
formance requirements for new construc-
tion established by the Secretary under
section 526(a) of the National Housing
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Act (12 U.S.C.A. 1735f–4), unless the Sec-
retary determines that the requirements
are not applicable.
‘‘(l) APPLICABILITY OF CIVIL RIGHTS STATUTES.—
To the extent that the requirements of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of the
Fair Housing Act (42 U.S.C.A. 3601 et seq.) apply to a
guarantee provided under this subsection, nothing in the
requirements concerning discrimination on the basis of
race shall be construed to prevent the provision of the
guarantee to an eligible entity on the basis that the entity
serves Native Hawaiian families or is a Native Hawaiian
family.’’.
TITLE VIII—TRANSFER OF HUD-
HELD HOUSING TO LOCAL
GOVERNMENTS 
AND 
NON-
PROFIT ORGANIZATIONS
SEC. 801. TRANSFER OF UNOCCUPIED AND SUBSTANDARD
HUD-HELD HOUSING TO LOCAL GOVERN-
MENTS 
AND 
COMMUNITY 
DEVELOPMENT
CORPORATIONS.
Section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–
11a) is amended—
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(1) by striking ‘‘FLEXIBLE AUTHORITY.—’’ and
inserting ‘‘DISPOSITION
OF HUD-OWNED PROP-
ERTIES. (a) FLEXIBLE AUTHORITY
FOR MULTI-
FAMILY PROJECTS.—’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) TRANSFER OF UNOCCUPIED AND SUBSTANDARD
HOUSING
TO LOCAL GOVERNMENTS
AND COMMUNITY
DEVELOPMENT CORPORATIONS.—
‘‘(1) TRANSFER AUTHORITY.—Notwithstanding
the authority under subsection (a) and the last sen-
tence of section 204(g) of the National Housing Act
(12 U.S.C. 1710(g)), the Secretary of Housing and
Urban Development shall transfer ownership of any
qualified HUD property, subject to the requirements
of this section, to a unit of general local government
having jurisdiction for the area in which the prop-
erty is located or to a community development cor-
poration which operates within such a unit of gen-
eral local government in accordance with this sub-
section, but only to the extent that units of general
local government and community development cor-
porations consent to transfer and the Secretary de-
termines that such transfer is practicable.
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‘‘(2) QUALIFIED HUD PROPERTIES.—For pur-
poses of this subsection, the term ‘qualified HUD
property’ means any property for which, as of the
date that notification of the property is first made
under paragraph (3)(B), not less than 6 months
have elapsed since the later of the date that the
property was acquired by the Secretary or the date
that the property was determined to be unoccupied
or substandard, that is owned by the Secretary and
is—
‘‘(A) an unoccupied multifamily housing
project;
‘‘(B) a substandard multifamily housing
project; or
‘‘(C) an unoccupied single family property
that—
‘‘(i) has been determined by the Sec-
retary not to be an eligible asset under sec-
tion 204(h) of the National Housing Act
(12 U.S.C. 1710(h)); or
‘‘(ii) is an eligible asset under such
section 204(h), but—
‘‘(I) is not subject to a specific
sale agreement under such section;
and
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‘‘(II) has been determined by the
Secretary to be inappropriate for con-
tinued inclusion in the program under
such section 204(h) pursuant to para-
graph (10) of such section.
‘‘(3) TIMING.—The Secretary shall establish
procedures that provide for—
‘‘(A) time deadlines for transfers under
this subsection;
‘‘(B) notification to units of general local
government and community development cor-
porations of qualified HUD properties in their
jurisdictions;
‘‘(C) such units and corporations to ex-
press interest in the transfer under this sub-
section of such properties;
‘‘(D) a right of first refusal for transfer of
qualified HUD properties to units of general
local government and community development
corporations, under which—
‘‘(i) the Secretary shall establish a pe-
riod during which the Secretary may not
transfer such properties except to such
units and corporations;
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‘‘(ii) the Secretary shall offer qualified
HUD properties that are single family
properties for purchase by units of general
local government at a cost of $1 for each
property, but only to the extent that the
costs to the Federal Government of dis-
posal at such price do not exceed the costs
to the Federal Government of disposing of
property subject to the procedures for sin-
gle family property established by the Sec-
retary pursuant to the authority under the
last sentence of section 204(g) of the Na-
tional Housing Act (12 U.S.C. 1710(g));
‘‘(iii) the Secretary may accept an
offer to purchase a property made by a
community development corporation only if
the offer provides for purchase on a cost
recovery basis; and
‘‘(iv) the Secretary shall accept an
offer to purchase such a property that is
made during such period by such a unit or
corporation and that complies with the re-
quirements of this paragraph;
‘‘(E) a written explanation, to any unit of
general local government or community develop-
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ment corporation making an offer to purchase
a qualified HUD property under this subsection
that is not accepted, of the reason that such
offer was not acceptable.
‘‘(4) OTHER
DISPOSITION.—With respect to
any qualified HUD property, if the Secretary does
not receive an acceptable offer to purchase the prop-
erty pursuant to the procedure established under
paragraph (3), the Secretary shall dispose of the
property to the unit of general local government in
which property is located or to community develop-
ment corporations located in such unit of general
local government on a negotiated, competitive bid, or
other basis, on such terms as the Secretary deems
appropriate.
‘‘(5) SATISFACTION
OF
INDEBTEDNESS.—Be-
fore transferring ownership of any qualified HUD
property pursuant to this subsection, the Secretary
shall satisfy any indebtedness incurred in connection
with the property to be transferred, by canceling the
indebtedness.
‘‘(6) DETERMINATION
OF
STATUS
OF
PROP-
ERTIES.—To ensure compliance with the require-
ments of this subsection, the Secretary shall take the
following actions:
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‘‘(A) UPON ENACTMENT.—Upon the enact-
ment of the American Homeownership and Eco-
nomic Opportunity Act of 2000, the Secretary
shall promptly assess each residential property
owned by the Secretary to determine whether
such property is a qualified HUD property.
‘‘(B) UPON ACQUISITION.—Upon acquiring
any residential property, the Secretary shall
promptly determine whether the property is a
qualified HUD property.
‘‘(C) UPDATES.—The Secretary shall peri-
odically reassess the residential properties
owned by the Secretary to determine whether
any such properties have become qualified
HUD properties.
‘‘(7) TENANT LEASES.—This subsection shall
not affect the terms or the enforceability of any con-
tract or lease entered into with respect to any resi-
dential property before the date that such property
becomes a qualified HUD property.
‘‘(8) USE OF PROPERTY.—Property transferred
under this subsection shall be used only for appro-
priate neighborhood revitalization efforts, including
homeownership, rental units, commercial space, and
parks, consistent with local zoning regulations, local
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building codes, and subdivision regulations and re-
strictions of record.
‘‘(9) INAPPLICABILITY
TO
PROPERTIES
MADE
AVAILABLE FOR HOMELESS.—Notwithstanding any
other provision of this subsection, this subsection
shall not apply to any properties that the Secretary
determines are to be made available for use by the
homeless pursuant to subpart E of part 291 of title
24, Code of Federal Regulations, during the period
that the properties are so available.
‘‘(10) PROTECTION OF EXISTING CONTRACTS.—
This subsection may not be construed to alter, af-
fect, or annul any legally binding obligations entered
into with respect to a qualified HUD property before
the property becomes a qualified HUD property.
‘‘(11) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply:
‘‘(A) COMMUNITY
DEVELOPMENT
COR-
PORATION.—The term ‘community development
corporation’ means a nonprofit organization
whose primary purpose is to promote commu-
nity development by providing housing opportu-
nities for low-income families.
‘‘(B) COST RECOVERY BASIS.—The term
‘cost recovery basis’ means, with respect to any
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sale of a residential property by the Secretary,
that the purchase price paid by the purchaser
is equal to or greater than the sum of (i) the
appraised value of the property, as determined
in accordance with such requirements as the
Secretary shall establish, and (ii) the costs in-
curred by the Secretary in connection with such
property during the period beginning on the
date on which the Secretary acquires title to the
property and ending on the date on which the
sale is consummated.
‘‘(C) MULTIFAMILY HOUSING PROJECT.—
The term ‘multifamily housing project’ has the
meaning given the term in section 203 of the
Housing and Community Development Amend-
ments of 1978.
‘‘(D) RESIDENTIAL PROPERTY.—The term
‘residential property’ means a property that is
a multifamily housing project or a single family
property.
‘‘(E) SECRETARY.—The term ‘Secretary’
means the Secretary of Housing and Urban De-
velopment.
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‘‘(F) SEVERE PHYSICAL PROBLEMS.—The
term ‘severe physical problems’ means, with re-
spect to a dwelling unit, that the unit—
‘‘(i) lacks hot or cold piped water, a
flush toilet, or both a bathtub and a show-
er in the unit, for the exclusive use of that
unit;
‘‘(ii) on not less than three separate
occasions during the preceding winter
months, was uncomfortably cold for a pe-
riod of more than 6 consecutive hours due
to a malfunction of the heating system for
the unit;
‘‘(iii) has no functioning electrical
service, exposed wiring, any room in which
there is not a functioning electrical outlet,
or has experienced three or more blown
fuses or tripped circuit breakers during the
preceding 90-day period;
‘‘(iv) is accessible through a public
hallway in which there are no working
light fixtures, loose or missing steps or
railings, and no elevator; or
‘‘(v) has severe maintenance problems,
including water leaks involving the roof,
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windows, doors, basement, or pipes or
plumbing fixtures, holes or open cracks in
walls or ceilings, severe paint peeling or
broken plaster, and signs of rodent infesta-
tion.
‘‘(G) SINGLE
FAMILY
PROPERTY.—The
term ‘single family property’ means a 1- to 4-
family residence.
‘‘(H) SUBSTANDARD.—The term ‘sub-
standard’ means, with respect to a multifamily
housing project, that 25 percent or more of the
dwelling units in the project have severe phys-
ical problems.
‘‘(I) UNIT OF GENERAL LOCAL GOVERN-
MENT.—The term ‘unit of general local govern-
ment’ has the meaning given such term in sec-
tion 102(a) of the Housing and Community De-
velopment Act of 1974.
‘‘(J) UNOCCUPIED.—The term ‘unoccu-
pied’ means, with respect to a residential prop-
erty, that the unit of general local government
having jurisdiction over the area in which the
project is located has certified in writing that
the property is not inhabited.
‘‘(12) REGULATIONS.—
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‘‘(A) INTERIM.—Not later than 30 days
after the date of the enactment of the American
Homeownership and Economic Opportunity Act
of 2000, the Secretary shall issue such interim
regulations as are necessary to carry out this
subsection.
‘‘(B) FINAL.—Not later than 60 days after
the date of the enactment of the American
Homeownership and Economic Opportunity Act
of 2000, the Secretary shall issue such final
regulations as are necessary to carry out this
subsection.’’.
SEC. 802. TRANSFER OF HUD ASSETS IN REVITALIZATION
AREAS.
In carrying out the program under section 204(h) of
the National Housing Act (12 U.S.C. 1710(h)), upon the
request of the chief executive officer of a county or the
government of appropriate jurisdiction and not later than
60 days after such request is made, the Secretary of Hous-
ing and Urban Development shall designate as a revital-
ization area all portions of such county that meet the cri-
teria for such designation under paragraph (3) of such
section.
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TITLE IX—PRIVATE MORTGAGE
INSURANCE 
CANCELLATION
AND TERMINATION
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Private Mortgage In-
surance Technical Corrections and Clarification Act’’.
SEC. 902. CHANGES IN AMORTIZATION SCHEDULE.
(a) TREATMENT
OF ADJUSTABLE RATE MORT-
GAGES.—The Homeowners Protection Act of 1998 (12
U.S.C. 4901 et seq.) is amended—
(1) in section 2—
(A) in paragraph (2)(B)(i), by striking
‘‘amortization schedules’’ and inserting ‘‘the
amortization schedule then in effect’’;
(B) in paragraph (16)(B), by striking
‘‘amortization schedules’’ and inserting ‘‘the
amortization schedule then in effect’’;
(C) 
by 
redesignating 
paragraphs 
(6)
through (16) (as amended by the preceding pro-
visions of this paragraph) as paragraphs (8)
through (18), respectively; and
(D) by inserting after paragraph (5) the
following new paragraph:
‘‘(6) AMORTIZATION SCHEDULE THEN IN EF-
FECT.—The term ‘amortization schedule then in ef-
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fect’ means, with respect to an adjustable rate mort-
gage, a schedule established at the time at which the
residential mortgage transaction is consummated or,
if such schedule has been changed or recalculated, is
the most recent schedule under the terms of the note
or mortgage, which shows—
‘‘(A) the amount of principal and interest
that is due at regular intervals to retire the
principal balance and accrued interest over the
remaining amortization period of the loan; and
‘‘(B) the unpaid balance of the loan after
each such scheduled payment is made.’’; and
(2) in section 3(f)(1)(B)(ii), by striking ‘‘amor-
tization schedules’’ and inserting ‘‘the amortization
schedule then in effect’’.
(b) TREATMENT OF BALLOON MORTGAGES.—Para-
graph (1) of section 2 of the Homeowners Protection Act
of 1998 (12 U.S.C. 4901(1)) is amended by adding at the
end the following new sentence: ‘‘A residential mortgage
that (A) does not fully amortize over the term of the obli-
gation, and (B) contains a conditional right to refinance
or modify the unamortized principal at the maturity date
of the term, shall be considered to be an adjustable rate
mortgage for purposes of this Act.’’.
(c) TREATMENT OF LOAN MODIFICATIONS.—
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(1) IN
GENERAL.—Section 3 of the Home-
owners Protection Act of 1998 (12 U.S.C. 4902) is
amended—
(A) 
by 
redesignating 
subsections 
(d)
through (f) as subsections (e) through (g), re-
spectively; and
(B) by inserting after subsection (c) the
following new subsection:
‘‘(d) TREATMENT OF LOAN MODIFICATIONS.—If a
mortgagor and mortgagee (or holder of the mortgage)
agree to a modification of the terms or conditions of a
loan pursuant to a residential mortgage transaction, the
cancellation date, termination date, or final termination
shall be recalculated to reflect the modified terms and con-
ditions of such loan.’’.
(2) CONFORMING AMENDMENTS.—Section 4(a)
of the Homeowners Protection Act of 1998 (12
U.S.C. 4903(a)) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘section 3(f)(1)’’
and inserting ‘‘section 3(g)(1)’’;
(ii) in subparagraph (A)(ii)(IV), by
striking ‘‘section 3(f)’’ and inserting ‘‘sec-
tion 3(g)’’; and
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(iii) in subparagraph (B)(iii), by strik-
ing ‘‘section 3(f)’’ and inserting ‘‘section
3(g)’’; and
(B) in paragraph (2), by striking ‘‘section
3(f)(1)’’ and inserting ‘‘section 3(g)(1)’’.
SEC. 903. DELETION OF AMBIGUOUS REFERENCES TO RESI-
DENTIAL MORTGAGES.
(a) TERMINATION OF PRIVATE MORTGAGE INSUR-
ANCE.—Section 3 of the Homeowners Protection Act of
1998 (12 U.S.C. 4902) is amended—
(1) in subsection (c), by inserting ‘‘on residen-
tial mortgage transactions’’ after ‘‘imposed’’; and
(2) in subsection (g) (as so redesignated by sec-
tion 902(c)(1)(A) of this title)—
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘mort-
gage or’’;
(B) in paragraph (2), by striking ‘‘mort-
gage or’’; and
(C) in paragraph (3), by striking ‘‘mort-
gage or’’ and inserting ‘‘residential mortgage or
residential’’.
(b) DISCLOSURE REQUIREMENTS.—Section 4 of the
Homeowners Protection Act of 1998 (12 U.S.C. 4903(a))
is amended—
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(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘mortgage or’’ the first
place it appears; and
(ii) by striking ‘‘mortgage or’’ the sec-
ond place it appears and inserting ‘‘resi-
dential’’; and
(B) in paragraph (2), by striking ‘‘mort-
gage or’’ and inserting ‘‘residential’’;
(2) in subsection (c), by striking ‘‘paragraphs
(1)(B) and (3) of subsection (a)’’ and inserting
‘‘subsection (a)(3)’’; and
(3) in subsection (d), by inserting before the pe-
riod at the end the following: ‘‘, which disclosures
shall relate to the mortgagor’s rights under this
Act’’.
(c) DISCLOSURE REQUIREMENTS FOR LENDER-PAID
MORTGAGE INSURANCE.—Section 6 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4905) is amended—
(1) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘a residential mortgage or’’; and
(B) in paragraph (2), by inserting ‘‘trans-
action’’ after ‘‘residential mortgage’’; and
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(2) in subsection (d), by inserting ‘‘transaction’’
after ‘‘residential mortgage’’.
SEC. 904. CANCELLATION RIGHTS AFTER CANCELLATION
DATE.
Section 3 of the Homeowners Protection Act of 1998
(12 U.S.C. 4902) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by inserting after ‘‘cancellation date’’ the fol-
lowing: ‘‘or any later date that the mortgagor
fulfills all of the requirements under paragraphs
(1) through (4)’’;
(B) in paragraph (2), by striking ‘‘and’’ at
the end;
(C) by redesignating paragraph (3) as
paragraph (4); and
(D) by inserting after paragraph (2) the
following new paragraph:
‘‘(3) is current on the payments required by the
terms of the residential mortgage transaction; and’’;
and
(2) in subsection (e)(1)(B) (as so redesignated
by section 902(c)(1)(A) of this title), by striking
‘‘subsection 
(a)(3)’’ 
and 
inserting 
‘‘subsection
(a)(4)’’.
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SEC. 905. CLARIFICATION OF CANCELLATION AND TERMI-
NATION ISSUES AND LENDER PAID MORT-
GAGE INSURANCE DISCLOSURE REQUIRE-
MENTS.
(a) GOOD PAYMENT HISTORY.—Section 2(4) of the
Homeowners Protection Act of 1998 (12 U.S.C. 4901(4))
is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘the later of (i)’’ before
‘‘the date’’; and
(B) by inserting ‘‘, or (ii) the date that the
mortgagor submits a request for cancellation
under section 3(a)(1)’’ before the semicolon;
and
(2) in subparagraph (B)—
(A) by inserting ‘‘the later of (i)’’ before
‘‘the date’’; and
(B) by inserting ‘‘, or (ii) the date that the
mortgagor submits a request for cancellation
under section 3(a)(1)’’ before the period at the
end.
(b) AUTOMATIC TERMINATION.—Paragraph (2) of
section 3(b) of the Homeowners Protection Act of 1998
(12 U.S.C. 4902(b)(2)) is amended to read as follows:
‘‘(2) if the mortgagor is not current on the ter-
mination date, on the first day of the first month be-
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ginning after the date that the mortgagor becomes
current on the payments required by the terms of
the residential mortgage transaction.’’
(c) PREMIUM PAYMENTS.—Section 3 of the Home-
owners Protection Act of 1998 (12 U.S.C. 4902) is
amended by adding at the end the following new sub-
section:
‘‘(h) ACCRUED OBLIGATION
FOR PREMIUM PAY-
MENTS.—The cancellation or termination under this sec-
tion of the private mortgage insurance of a mortgagor
shall not affect the rights of any mortgagee, servicer, or
mortgage insurer to enforce any obligation of such mort-
gagor for premium payments accrued prior to the date on
which such cancellation or termination occurred.’’.
SEC. 906. DEFINITIONS.
(a) REFINANCED.—Section 6(c)(1)(B)(ii) of the
Homeowners Protection Act of 1998 (12 U.S.C.
4905(c)(1)(B)(ii)) is amended by inserting after ‘‘refi-
nanced’’ the following: ‘‘(under the meaning given such
term in the regulations issued by the Board of Governors
of the Federal Reserve System to carry out the Truth in
Lending Act (15 U.S.C. 1601 et seq.))’’.
(b) MIDPOINT OF THE AMORTIZATION PERIOD.—
Section 2 of the Homeowners Protection Act of 1998 (12
U.S.C. 4901) is amended by inserting after paragraph (6)
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(as added by section 902(a)(1)(D) of this Act) the fol-
lowing new paragraph:
‘‘(7) MIDPOINT
OF
THE
AMORTIZATION
PE-
RIOD.—The term ‘midpoint of the amortization pe-
riod’ means, with respect to a residential mortgage
transaction, the point in time that is halfway
through the period that begins upon the first day of
the amortization period established at the time a
residential mortgage transaction is consummated
and ends upon the completion of the entire period
over which the mortgage is scheduled to be amor-
tized.’’.
(c) ORIGINAL VALUE.—Section 2(12) of the Home-
owners Protection Act of 1998 (12 U.S.C. 4901(10)) (as
so redesignated by section 902(a)(1)(C) of this Act) is
amended—
(1) by inserting ‘‘transaction’’ after ‘‘a residen-
tial mortgage’’; and
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a residential mortgage trans-
action for refinancing the principal residence of the
mortgagor, such term means only the appraised
value relied upon by the mortgagee to approve the
refinance transaction.’’.
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(d) PRINCIPAL RESIDENCE.—Section 2 of the Home-
owners Protection Act of 1998 (12 U.S.C. 4901) is
amended—
(1) in paragraph (14) (as so redesignated by
section 902(a)(1)(C) of this Act) by striking ‘‘pri-
mary’’ and inserting ‘‘principal’’; and
(2) in paragraph (15) (as so redesignated by
section 902(a)(1)(C) of this Act) by striking ‘‘pri-
mary’’ and inserting ‘‘principal’’;
TITLE X—RURAL HOUSING
HOMEOWNERSHIP
SEC. 1001. PROMISSORY NOTE REQUIREMENT UNDER
HOUSING REPAIR LOAN PROGRAM.
The fourth sentence of section 504(a) of the Housing
Act of 1949 (42 U.S.C. 1474(a)) is amended by striking
‘‘$2,500’’ and inserting ‘‘$7,500’’.
SEC. 1002. LIMITED PARTNERSHIP ELIGIBILITY FOR FARM
LABOR HOUSING LOANS.
The first sentence of section 514(a) of the Housing
Act of 1949 (42 U.S.C. 1484(a)) is amended by striking
‘‘nonprofit limited partnership’’ and inserting ‘‘limited
partnership’’.
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SEC. 1003. PROJECT ACCOUNTING RECORDS AND PRAC-
TICES.
Section 515 of the Housing Act of 1949 (42 U.S.C.
1485) is amended by striking subsection (z) and inserting
the following new subsections:
‘‘(z) ACCOUNTING AND RECORDKEEPING REQUIRE-
MENTS.—
‘‘(1) ACCOUNTING STANDARDS.—The Secretary
shall require that borrowers in programs authorized
by this section maintain accounting records in ac-
cordance with generally accepted accounting prin-
ciples for all projects that receive funds from loans
made or guaranteed by the Secretary under this sec-
tion.
‘‘(2) RECORD
RETENTION
REQUIREMENTS.—
The Secretary shall require that borrowers in pro-
grams authorized by this section retain for a period
of not less than 6 years and make available to the
Secretary in a manner determined by the Secretary,
all records required to be maintained under this sub-
section and other records identified by the Secretary
in applicable regulations.
‘‘(aa) DOUBLE DAMAGES FOR UNAUTHORIZED USE
OF HOUSING PROJECTS ASSETS AND INCOME.—
‘‘(1) ACTION
TO
RECOVER
ASSETS
OR
IN-
COME.—
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‘‘(A) IN GENERAL.—The Secretary may re-
quest the Attorney General to bring an action
in a United States district court to recover any
assets or income used by any person in violation
of the provisions of a loan made or guaranteed
by the Secretary under this section or in viola-
tion of any applicable statute or regulation.
‘‘(B) IMPROPER
DOCUMENTATION.—For
purposes of this subsection, a use of assets or
income in violation of the applicable loan, loan
guarantee, statute, or regulation shall include
any use for which the documentation in the
books and accounts does not establish that the
use was made for a reasonable operating ex-
pense or necessary repair of the project or for
which the documentation has not been main-
tained in accordance with the requirements of
the Secretary and in reasonable condition for
proper audit.
‘‘(C) DEFINITION.—For the purposes of
this subsection, the term ‘person’ means—
‘‘(i) any individual or entity that bor-
rows funds in accordance with programs
authorized by this section;
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‘‘(ii) any individual or entity holding
25 percent or more interest of any entity
that borrows funds in accordance with pro-
grams authorized by this section; and
‘‘(iii) any officer, director, or partner
of an entity that borrows funds in accord-
ance with programs authorized by this sec-
tion.
‘‘(2) AMOUNT RECOVERABLE.—
‘‘(A) IN GENERAL.—In any judgment fa-
vorable to the United States entered under this
subsection, the Attorney General may recover
double the value of the assets and income of the
project that the court determines to have been
used in violation of the provisions of a loan
made or guaranteed by the Secretary under this
section or any applicable statute or regulation,
plus all costs related to the action, including
reasonable attorney and auditing fees.
‘‘(B) 
APPLICATION
OF
RECOVERED
FUNDS.—Notwithstanding any other provision
of law, the Secretary may use amounts recov-
ered under this subsection for activities author-
ized under this section and such funds shall re-
main available for such use until expended.
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‘‘(3) TIME LIMITATION.—Notwithstanding any
other provision of law, an action under this sub-
section may be commenced at any time during the
6-year period beginning on the date that the Sec-
retary discovered or should have discovered the vio-
lation of the provisions of this section or any related
statutes or regulations.
‘‘(4) CONTINUED
AVAILABILITY
OF
OTHER
REMEDIES.—The remedy provided in this subsection
is in addition to and not in substitution of any other
remedies available to the Secretary or the United
States.’’.
SEC. 1004. DEFINITION OF RURAL AREA.
The second sentence of section 520 of the Housing
Act of 1949 (42 U.S.C. 1490) is amended by striking
‘‘year 2000’’ and inserting ‘‘year 2010’’.
SEC. 1005. OPERATING ASSISTANCE FOR MIGRANT FARM-
WORKERS PROJECTS.
The last sentence of section 521(a)(5)(A) of the
Housing Act of 1949 (42 U.S.C. 1490a(a)(5)(A)) is
amended by striking ‘‘project’’ and inserting ‘‘tenant or
unit’’.
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SEC. 1006. MULTIFAMILY RENTAL HOUSING LOAN GUAR-
ANTEE PROGRAM.
Section 538 of the Housing Act of 1949 (42 U.S.C.
1490p–2) is amended—
(1) in subsection (c), by inserting ‘‘an Indian
organization,’’ after ‘‘thereof,’’;
(2) in subsection (f), by striking paragraph (1)
and inserting the following new paragraph:
‘‘(1) be made for a period of not less than 25
nor greater than 40 years from the date the loan
was made and may provide for amortization of the
loan over a period of not to exceed 40 years with a
final payment of the balance due at the end of the
loan term;’’;
(3) in subsection (i)(2), by striking ‘‘(A) con-
veyance to the Secretary’’ and all that follows
through ‘‘(C) assignment’’ and inserting ‘‘(A) sub-
mission to the Secretary of a claim for payment
under the guarantee, and (B) assignment’’;
(4) in subsection (s), by adding at the end the
following new subsection:
‘‘(4) INDIAN ORGANIZATION.—The term ‘Indian
organization’ means the governing body of an Indian
tribe, band, group, pueblo, or community, including
native villages or native groups, as defined by the
Alaska Claims Settlement Act (43 U.S.C. 1601 et
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seq.), (including corporations organized by the
Kenai, Juneau, Sitka, and Kodiak) which is eligible
for services from the Bureau of Indian Affairs or an
entity established or recognized by the governing
body for the purpose of financing economic develop-
ment.’’;
(5) in subsection (t), by inserting before the pe-
riod at the end the following: ‘‘to provide guarantees
under this section for eligible loans having an aggre-
gate principal amount of $500,000,000’’;
(6) by striking subsection (l);
(7) by redesignating subsections (m) through
(u) as subsections (l) through (t), respectively;
(8) by adding at the end the following new sub-
sections:
‘‘(u) FEE AUTHORITY.—Any amounts collected by
the Secretary pursuant to the fees charged to lenders for
loan guarantees issued under this section shall be used
to offset costs (as defined by section 502 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 661a)) of loan guar-
antees made under this section.
‘‘(v) DEFAULTS OF LOANS SECURED BY RESERVA-
TION LANDS.—In the event of a default involving a loan
to an Indian tribe or tribal corporation made under this
section which is secured by an interest in land within such
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tribe’s reservation (as determined by the Secretary of the
Interior), including a community in Alaska incorporated
by the Secretary of the Interior pursuant to the Indian
Reorganization Act (25 U.S.C. 461 et seq.), the lender
shall only pursue liquidation after offering to transfer the
account to an eligible tribal member, the tribe, or the In-
dian housing authority serving the tribe. If the lender sub-
sequently proceeds to liquidate the account, the lender
shall not sell, transfer, or otherwise dispose of or alienate
the property except to one of the entities described in the
preceding sentence.’’.
SEC. 1007. ENFORCEMENT PROVISIONS.
(a) IN GENERAL.—Title V of the Housing Act of
1949 (42 U.S.C. 1471 et seq.) is amended by adding after
section 542 the following:
‘‘SEC. 543. ENFORCEMENT PROVISIONS.
‘‘(a) EQUITY SKIMMING.—
‘‘(1) CRIMINAL
PENALTY.—Whoever, as an
owner, agent, employee, or manager, or is otherwise
in custody, control, or possession of property that is
security for a loan made or guaranteed under this
title, willfully uses, or authorizes the use, of any part
of the rents, assets, proceeds, income, or other funds
derived from such property, for any purpose other
than to meet actual, reasonable, and necessary ex-
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penses of the property, or for any other purpose not
authorized by this title or the regulations adopted
pursuant to this title, shall be fined under title 18,
United States Code, or imprisoned not more than 5
years, or both.
‘‘(2) CIVIL SANCTIONS.—An entity or individual
who as an owner, operator, employee, or manager, or
who acts as an agent for a property that is security
for a loan made or guaranteed under this title where
any part of the rents, assets, proceeds, income, or
other funds derived from such property are used for
any purpose other than to meet actual, reasonable,
and necessary expenses of the property, or for any
other purpose not authorized by this title or the reg-
ulations adopted pursuant to this title, shall be sub-
ject to a fine of not more than $25,000 per viola-
tion. The sanctions provided in this paragraph may
be imposed in addition to any other civil sanctions
or civil monetary penalties authorized by law.
‘‘(b) CIVIL MONETARY PENALTIES.—
‘‘(1) IN GENERAL.—The Secretary may, after
notice and opportunity for a hearing, impose a civil
monetary penalty in accordance with this subsection
against any individual or entity, including its own-
ers, officers, directors, general partners, limited
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partners, or employees, who knowingly and materi-
ally violate, or participate in the violation of, the
provisions of this title, the regulations issued by the
Secretary pursuant to this title, or agreements made
in accordance with this title, by—
‘‘(A) submitting information to the Sec-
retary that is false;
‘‘(B) providing the Secretary with false
certifications;
‘‘(C) failing to submit information re-
quested by the Secretary in a timely manner;
‘‘(D) failing to maintain the property sub-
ject to loans made or guaranteed under this
title in good repair and condition, as deter-
mined by the Secretary;
‘‘(E) failing to provide management for a
project which received a loan made or guaran-
teed under this title that is acceptable to the
Secretary; or
‘‘(F) failing to comply with the provisions
of applicable civil rights statutes and regula-
tions.
‘‘(2) CONDITIONS
FOR
RENEWAL
OR
EXTEN-
SION.—The Secretary may require that expiring loan
or assistance agreements entered into under this
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title shall not be renewed or extended unless the
owner executes an agreement to comply with addi-
tional conditions prescribed by the Secretary, or exe-
cutes a new loan or assistance agreement in the
form prescribed by the Secretary.
‘‘(3) AMOUNT.—
‘‘(A) IN GENERAL.—The amount of a civil
monetary penalty imposed under this subsection
shall not exceed the greater of—
‘‘(i) twice the damages the Depart-
ment of Agriculture, the guaranteed lend-
er, or the project that is secured for a loan
under this section suffered or would have
suffered as a result of the violation; or
‘‘(ii) $50,000 per violation.
‘‘(B) DETERMINATION.—In determining
the amount of a civil monetary penalty under
this subsection, the Secretary shall take into
consideration—
‘‘(i) the gravity of the offense;
‘‘(ii) any history of prior offenses by
the violator (including offenses occurring
prior to the enactment of this section);
‘‘(iii) the ability of the violator to pay
the penalty;
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‘‘(iv) any injury to tenants;
‘‘(v) any injury to the public;
‘‘(vi) any benefits received by the vio-
lator as a result of the violation;
‘‘(vii) deterrence of future violations;
and
‘‘(viii) such other factors as the Sec-
retary may establish by regulation.
‘‘(4) PAYMENT OF PENALTIES.—No payment of
a penalty assessed under this section may be made
from funds provided under this title or from funds
of a project which serve as security for a loan made
or guaranteed under this title.
‘‘(5) REMEDIES FOR NONCOMPLIANCE.—
‘‘(A) JUDICIAL INTERVENTION.—If a per-
son or entity fails to comply with a final deter-
mination by the Secretary imposing a civil mon-
etary penalty under this subsection, the Sec-
retary may request the Attorney General of the
United States to bring an action in an appro-
priate United States district court to obtain a
monetary judgment against such individual or
entity and such other relief as may be available.
The monetary judgment may, in the court’s dis-
cretion, include the attorney’s fees and other
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expenses incurred by the United States in con-
nection with the action.
‘‘(B) REVIEWABILITY
OF
DETERMINA-
TION.—In an action under this paragraph, the
validity and appropriateness of a determination
by the Secretary imposing the penalty shall not
be subject to review.’’.
(b) CONFORMING AMENDMENT.—Section 514 of the
Housing Act of 1949 (42 U.S.C. 1484) is amended by
striking subsection (j).
SEC. 1008. AMENDMENTS TO TITLE 18 OF UNITED STATES
CODE.
(a) MONEY LAUNDERING.—Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting ‘‘any
violation of section 543(a)(1) of the Housing Act of 1949
(relating to equity skimming),’’ after ‘‘coupons having a
value of not less than $5,000,’’.
(b) OBSTRUCTION OF FEDERAL AUDITS.—Section
1516(a) of title 18, United States Code, is amended by
inserting ‘‘or relating to any property that is security for
a loan that is made or guaranteed under title V of the
Housing Act of 1949,’’ before ‘‘shall be fined under this
title’’.
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TITLE XI—MANUFACTURED
HOUSING IMPROVEMENT
SEC. 1101. SHORT TITLE AND REFERENCES.
(a) SHORT TITLE.—This title may be cited as the
‘‘Manufactured Housing Improvement Act’’.
(b) REFERENCES.—Whenever in this title an amend-
ment is expressed in terms of an amendment to, or repeal
of, an Act, a section, or any other provision, the reference
shall be considered to be made to that section or other
provision of the National Manufactured Housing Con-
struction and Safety Standards Act of 1974 (42 U.S.C.
5401 et seq.).
SEC. 1102. FINDINGS AND PURPOSES.
Section 602 (42 U.S.C. 5401) is amended to read as
follows:
‘‘FINDINGS AND PURPOSES
‘‘SEC. 602. (a) FINDINGS.—The 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—
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‘‘(1) to protect the quality, durability, safety,
and affordability of manufactured homes;
‘‘(2) to facilitate the availability of affordable
manufactured homes and to increase homeownership
for all Americans;
‘‘(3) to provide for the establishment of prac-
tical, uniform, and, to the extent possible, perform-
ance-based Federal construction standards;
‘‘(4) to encourage innovative and cost-effective
construction techniques;
‘‘(5) to protect residents of manufactured
homes with respect to personal injuries and the
amount of insurance costs and property damages in
manufactured housing, consistent with the other
purposes of this section;
‘‘(6) to establish a balanced consensus process
for the development, revision, and interpretation of
Federal construction and safety standards for manu-
factured homes and related regulations for the en-
forcement of such standards;
‘‘(7) to ensure uniform and effective enforce-
ment 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
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considered in all determinations relating to the Fed-
eral standards and their enforcement.’’.
SEC. 1103. 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 new
paragraphs:
‘‘(14) ‘administering organization’ means the
recognized, voluntary, private sector, consensus
standards body with specific experience in developing
model residential building codes and standards in-
volving all disciplines regarding construction and
safety that administers the consensus standards de-
velopment process;
‘‘(15) ‘consensus committee’ means the com-
mittee established under section 604(a)(3);
‘‘(16) ‘consensus standards development proc-
ess’ means the process by which additions, revisions,
and interpretations to the Federal manufactured
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home construction and safety standards and enforce-
ment regulations shall be developed and rec-
ommended to the Secretary by the consensus com-
mittee;
‘‘(17) ‘primary inspection agency’ means a
State agency or private organization that has been
approved by the Secretary to act as a design ap-
proval primary inspection agency or a production in-
spection primary inspection agency, or both;
‘‘(18) ‘design approval primary inspection agen-
cy’ 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) ‘production inspection primary inspection
agency’ means a State agency or private organiza-
tion that has been approved by the Secretary to
evaluate the ability of manufactured home manufac-
turing plants to comply with approved quality con-
trol procedures and with the Federal manufactured
home construction and safety standards promulgated
hereunder, including the inspection of homes in the
plant;
‘‘(20) ‘installation standards’ means reasonable
specifications for the installation of a manufactured
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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 anchor-
ing systems; and
‘‘(21) ‘monitoring’ means the process of peri-
odic review of the primary inspection agencies, by
the Secretary or by a State agency under an ap-
proved State plan pursuant to section 623, in ac-
cordance with regulations promulgated under this
title, giving due consideration to the recommenda-
tions of the consensus committee as provided in sec-
tion 604(b), which process shall be for the purpose
of ensuring that the primary inspection agencies are
discharging their duties under this title.’’.
(b) 
CONFORMING
AMENDMENTS.—The 
Act 
is
amended—
(1) in section 613 (42 U.S.C. 5412), by striking
‘‘dealer’’ each place it appears and inserting ‘‘re-
tailer’’;
(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 ‘‘deal-
er’’ and inserting ‘‘retailer’’;
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(B) in subsection (b)(3), by striking ‘‘deal-
er or dealers’’ and inserting ‘‘retailer or retail-
ers’’; 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. 1104. FEDERAL MANUFACTURED HOME CONSTRUC-
TION AND SAFETY STANDARDS.
Section 604 (42 U.S.C. 5403) is amended—
(1) by striking subsections (a) and (b) and in-
serting the following new subsections:
‘‘(a) ESTABLISHMENT.—
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish, 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 protec-
tion consistent with the enumerated pur-
poses of this title; and
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‘‘(iii) where appropriate, be perform-
ance-based and objectively stated; and
‘‘(B) except as provided in subsection (b),
shall be established in accordance with the con-
sensus standards development process.
‘‘(2) CONSENSUS
STANDARDS
AND
REGU-
LATORY DEVELOPMENT PROCESS.—
‘‘(A) INITIAL
AGREEMENT.—Not later
than 180 days after the date of the enactment
of the Manufactured Housing Improvement
Act, the Secretary shall enter into a contract
with an administering organization. The con-
tractual agreement shall—
‘‘(i) terminate on the date on which a
contract is entered into under subpara-
graph (B); and
‘‘(ii) require the administering organi-
zation to—
‘‘(I) recommend the initial mem-
bers of the consensus committee
under paragraph (3);
‘‘(II) administer the consensus
standards development process until
the termination of that agreement;
and
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‘‘(III) administer the consensus
development and interpretation proc-
ess for procedural and enforcement
regulations and regulations specifying
the permissible scope and conduct of
monitoring until the termination of
that agreement.
‘‘(B) COMPETITIVELY
PROCURED
CON-
TRACT.—Upon the expiration of the 4-year pe-
riod beginning on the date on which all mem-
bers 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 Procure-
ment Policy Act), enter into a competitively
awarded contract with an administering organi-
zation. The administering organization shall ad-
minister the consensus process for the develop-
ment and interpretation of the Federal stand-
ards, the procedural and enforcement regula-
tions and regulations specifying the permissible
scope and conduct of monitoring in accordance
with this title.
‘‘(C) 
PERFORMANCE
REVIEW.—The
Secretary—
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interpret the procedural and enforcement
regulations, including regulations speci-
fying the permissible scope and conduct of
monitoring in accordance with this sub-
section; 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 com-
mittee shall be composed of—
‘‘(i) 21 voting members appointed by
the Secretary, after consideration of the
recommendations made by the admin-
istering organization, from among individ-
uals who are qualified by background and
experience to participate in the work of the
consensus committee; and
‘‘(ii) one member appointed by the
Secretary to represent the Secretary on the
consensus committee, who shall be a non-
voting member.
‘‘(C) DISAPPROVAL.—The Secretary shall
state, in writing, the reasons for failing to ap-
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point any individual recommended under para-
graph (2)(A)(ii)(I).
‘‘(D) SELECTION
PROCEDURES
AND
RE-
QUIREMENTS.—Each member shall be ap-
pointed in accordance with the selection proce-
dures, which shall be established by the Sec-
retary and which shall be based on the proce-
dures for consensus committees promulgated by
the American National Standards Institute (or
successor organization), to ensure equal rep-
resentation on the consensus committee of the
following interest categories:
‘‘(i) PRODUCERS.—Seven producers or
retailers of manufactured housing.
‘‘(ii) USERS.—Seven persons rep-
resenting consumer interests, such as con-
sumer organizations, recognized consumer
leaders, and owners who are residents of
manufactured homes.
‘‘(iii) GENERAL INTEREST AND PUB-
LIC
OFFICIALS.—Seven general interest
and public official members.
‘‘(E) BALANCING OF INTERESTS.—
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‘‘(i) 
IN
GENERAL.—In 
order 
to
achieve a proper balance of interests on
the consensus committee—
‘‘(I) the Secretary shall ensure
that all directly and materially af-
fected interests have the opportunity
for fair and equitable participation
without dominance by any single in-
terest; and
‘‘(II) the Secretary may reject
the appointment of any one 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 author-
ity, leadership, or influence by reason of
superior leverage, strength, or representa-
tion.
‘‘(F) ADDITIONAL QUALIFICATIONS.—
‘‘(i) FINANCIAL INDEPENDENCE.—No
individual appointed under subparagraph
(D)(ii) shall have, and three of individuals
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appointed under subparagraph (D)(iii)
shall not have—
‘‘(I) a significant financial inter-
est in any segment of the manufac-
tured housing industry; or
‘‘(II) a significant relationship to
any person engaged in the manufac-
tured 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 period of, and for the 1-year period
after, 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 publish ad-
vance notice of each such meeting in the
Federal Register. All meetings of the con-
sensus committee shall be open to the pub-
lic.
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‘‘(ii) REIMBURSEMENT.—Members of
the consensus committee in attendance at
the meetings shall be reimbursed for their
actual expenses as authorized by section
5703 of title 5, United States Code, for
persons employed intermittently in Govern-
ment service.
‘‘(H) INAPPLICABILITY OF OTHER LAWS.—
‘‘(i) ADVISORY COMMITTEE ACT.—The
consensus committee shall not be consid-
ered to be an advisory committee for pur-
poses 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.—The Ethics in Government Act
of 1978 shall not apply to members of the
consensus committee to the extent of their
proper participation as members of the
consensus committee.
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‘‘(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 devel-
opment and coordination of American Na-
tional Standards; and
‘‘(ii) apply to the American National
Standards Institute and take such other
actions as may be necessary to obtain ac-
creditation from the American National
Standards Institute.
‘‘(J) STAFF.—The administering organiza-
tion shall, upon the request of the consensus
committee, provide reasonable staff resources to
the consensus committee. Upon a showing of
need, the Secretary shall furnish technical sup-
port to any of the various interest categories on
the consensus committee.
‘‘(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