(b) REFERENCES.—Whenever in this Act an amend-
ment is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered 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:
‘‘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 Act 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 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 owners of manufactured homes
from unreasonable risk of personal injury and prop-
erty damage;
‘‘(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
considered in all determinations relating to the Fed-
eral 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 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 commit-
tee 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
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; and
‘‘(20) ‘monitoring’—
‘‘(A) means the process of periodic review
of the primary inspection agencies, by the Sec-
retary or by a State agency under an approved
State plan pursuant to section 623, in accord-
ance with regulations recommended by the con-
sensus committee and promulgated in accord-
ance with section 604(b), which process shall be
for the purpose of ensuring that the primary in-
spection agencies are discharging their duties
under this title; and
‘‘(B) may include the periodic inspection of
retail locations for transit damage, label tam-
pering, and retailer compliance with this title.’’.
(b) CONFORMING
AMENDMENTS.—The National
Manufactured Housing Construction and Safety Stand-
ards Act of 1974 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’’;
(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. 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 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
‘‘(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 enactment of
the Manufactured Housing Improvement Act,
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 subpara-
graph (B); and
‘‘(ii) require the administering organi-
zation to—
‘‘(I) appoint 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 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—
‘‘(i) shall periodically review the per-
formance of the administering organiza-
tion; and
‘‘(ii) may replace the administering
organization with another qualified tech-
nical or building code organization, pursu-
ant to competitive procedures, if the Sec-
retary determines in writing that the ad-
ministering 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 com-
mittee’, which shall, in accordance with this
title—
‘‘(i) provide periodic recommendations
to the Secretary to adopt, revise, and inter-
pret the Federal manufactured housing
construction and safety standards in ac-
cordance with this subsection;
‘‘(ii) provide periodic recommenda-
tions to the Secretary to adopt, revise, and
interpret the procedural and enforcement
regulations, including regulations specify-
ing 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) 25 voting members appointed,
subject to approval by the Secretary, by
the administering organization from among
individuals who are qualified by back-
ground and experience to participate in the
work of the consensus committee; and
‘‘(ii) 1 member appointed by the Sec-
retary to represent the Secretary on the
consensus committee, who shall be a non-
voting member.
‘‘(C) DISAPPROVAL.—The Secretary may
disapprove, in writing with the reasons set
forth, the appointment of an individual under
subparagraph (B)(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), except that the Amer-
ican National Standards Institute interest cat-
egories shall be modified for purposes of this
paragraph to ensure equal representation on
the consensus committee of the following inter-
est categories:
‘‘(i) HOME
PRODUCERS.—Five per-
sons representing manufacturers of manu-
factured homes.
‘‘(ii) OTHER BUSINESS INTERESTS.—
Five persons representing other business
interests involved in the manufactured
housing industry such as retailers, install-
ers, lenders, insurers, suppliers of prod-
ucts, and community owners. The business
interests represented in this category shall
not be owned or controlled by manufactur-
ers represented under clause (i).
‘‘(iii) CONSUMERS.—Five persons rep-
resenting homeowners and consumer inter-
ests, such as consumer organizations, com-
munity organizations, recognized consumer
leaders, and owners and occupants of man-
ufactured homes.
‘‘(iv) PUBLIC
OFFICIALS.—Five per-
sons who are State or local officials such
as building code enforcement or inspection
officials, fire marshals, and including rep-
resentatives of State administrative agen-
cies.
‘‘(v) GENERAL INTEREST.—Five per-
sons representing the public such as archi-
tects, engineers, homebuilders, academi-
cians, and developers.
‘‘(E) ADDITIONAL
QUALIFICATIONS.—An
individual appointed under clause (iii), (iv), or
(v) of subparagraph (D) shall 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 hous-
ing industry.
‘‘(F) 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.
‘‘(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.
‘‘(G) 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.
‘‘(H) 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.
‘‘(I) 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.
‘‘(J) 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 or-
ganization.
‘‘(4) REVISIONS OF STANDARDS.—
‘‘(A) IN GENERAL.—Beginning on the date
on which all members of the consensus commit-
tee are appointed under paragraph (3), the con-
sensus committee shall, not less than once dur-
ing each 2-year period—
‘‘(i) consider revisions to the Federal
manufactured home construction and safe-
ty standards; and
‘‘(ii) submit proposed revised stand-
ards and regulations to the Secretary in
the form of a proposed rule, including an
economic analysis.
‘‘(B) PUBLICATION OF PROPOSED REVISED
STANDARDS.—
‘‘(i) PUBLICATION BY SECRETARY.—
The consensus committee shall provide a
proposed revised standard under subpara-
graph (A)(ii) to the Secretary who shall,
not later than 30 days after receipt, pub-
lish such proposed revised standard 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 stand-
ard and any such comments shall be sub-
mitted directly to the consensus committee
without delay.
‘‘(ii) PUBLICATION
OF
REJECTED
PROPOSED
REVISED
STANDARD.—If the
Secretary rejects the proposed revised
standard, the Secretary shall publish the
rejected proposed revised standard in the
Federal Register with the reasons for re-
jection and any recommended modifica-
tions set forth.
‘‘(C) PRESENTATION
OF
PUBLIC
COM-
MENTS; PUBLICATION OF RECOMMENDED REVI-
SIONS.—
‘‘(i) 
PRESENTATION.—Any 
public
comments, views, and objections to a pro-
posed revised standard published under
subparagraph (B) shall be presented by
the Secretary to the consensus committee
upon their receipt and in the manner re-
ceived, in accordance with procedures es-
tablished by the American National Stand-
ards Institute.
‘‘(ii) PUBLICATION
BY
THE
SEC-
RETARY.—The consensus committee shall
provide to the Secretary any revisions pro-
posed by the consensus committee, which
the Secretary shall, not later than 7 cal-
endar days after receipt, cause to be pub-
lished in the Federal Register as a notice
of the recommended revisions of the con-
sensus committee to the standard, a notice
of the submission of the recommended re-
visions to the Secretary, and a description
of the circumstances under which the pro-
posed revised standards could become ef-
fective.
‘‘(iii) PUBLICATION
OF
REJECTED
PROPOSED
REVISED
STANDARD.—If the
Secretary rejects the proposed revised
standard, the Secretary shall publish the
rejected proposed revised standard in the
Federal Register with the reasons for re-
jection and any recommended modifica-
tions set forth.
‘‘(5) REVIEW BY THE SECRETARY.—
‘‘(A) IN
GENERAL.—The Secretary shall
either adopt, modify, or reject a standard, as
submitted by the consensus committee under
paragraph (4)(A).
‘‘(B) TIMING.—Not later than 12 months
after the date on which a standard is submitted
to the Secretary by the consensus committee,
the Secretary shall take action regarding such
standard under subparagraph (C).
‘‘(C) PROCEDURES.—If the Secretary—
‘‘(i) adopts a standard recommended
by the consensus committee, the Secretary
shall—
‘‘(I) issue a final order without
further rulemaking; and
‘‘(II) cause the final order to be
published in the Federal Register;
‘‘(ii) determines that any standard
should be rejected, the Secretary shall—
‘‘(I) reject the standard; and
‘‘(II) cause to be published in the
Federal Register a notice to that ef-
fect, together with the reason or rea-
sons for rejecting the proposed stand-
ard; or
‘‘(iii) determines that a standard rec-
ommended by the consensus committee
should be modified, the Secretary shall—
‘‘(I) cause the proposed modified
standard to be published in the Fed-
eral Register, together with an expla-
nation 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
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) and to pub-
lish notice of the action in the Federal Register be-
fore the expiration of the 12-month period beginning
on the date on which the proposed standard is sub-
mitted to the Secretary under paragraph (4)(A)—
‘‘(A) the recommendations of the consen-
sus committee—
‘‘(i) shall be considered to have been
adopted by the Secretary; and
‘‘(ii) shall take effect upon the expira-
tion of the 180-day period that begins
upon the conclusion of such 12-month pe-
riod; and
‘‘(B) not later than 10 days after the expi-
ration of such 12-month period, the Secretary
shall cause to be published in the Federal Reg-
ister 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 approv-
ing the revised standards proposed by the con-
sensus committee.
‘‘(b) OTHER ORDERS.—
‘‘(1) REGULATIONS.—The Secretary may issue
procedural and enforcement regulations as necessary
to implement the provisions of this title. The consen-
sus committee may submit to the Secretary proposed
procedural and enforcement regulations and rec-
ommendations for the revision of such regulations.
‘‘(2) INTERPRETATIVE BULLETINS.—The Sec-
retary 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 man-
ufactured home construction and safety standard or
procedural and enforcement regulation.
‘‘(3) REVIEW BY CONSENSUS COMMITTEE.—Be-
fore 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 writ-
ten comments to the Secretary on the pro-
posed procedural or enforcement regulation
or the interpretative bulletin; and
‘‘(B) if the Secretary rejects any signifi-
cant comment provided by the consensus com-
mittee under subparagraph (A), the Secretary
shall provide a written explanation of the rea-
sons for the rejection to the consensus commit-
tee; and
‘‘(C) following compliance with subpara-
graphs (A) and (B), the Secretary shall—
‘‘(i) cause the proposed regulation or
interpretative bulletin and the consensus
committee’s written comments along with
the Secretary’s response thereto to be pub-
lished in the Federal Register; and
‘‘(ii) provide an opportunity for public
comment in accordance with section 553 of
title 5, United States Code.
‘‘(4) REQUIRED ACTION.—The Secretary shall
act on any proposed regulation or interpretative bul-
letin submitted by the consensus committee by ap-
proving or rejecting the proposal within 120 days
from the date the proposal is received by the Sec-
retary. The Secretary shall either—
‘‘(A) approve the proposal and cause the
proposed regulation or interpretative bulletin to
be published for public comment in accordance
with section 553 of title 5, United States Code;
or
‘‘(B) reject the proposed regulation or in-
terpretative bulletin and—
‘‘(i) provide a written explanation of
the reasons for rejection to the consensus
committee; and
‘‘(ii) cause the proposed regulation
and the written explanation for the rejec-
tion to be published in the Federal Reg-
ister.
‘‘(5) EMERGENCY
ORDERS.—If the Secretary
determines, in writing, that such action is necessary
in order to respond to an emergency which jeopard-
izes the public health or safety, or to address an
issue on which the Secretary determines that the
consensus committee has not made a timely rec-
ommendation, following a request by the Secretary,
the Secretary may issue an order that is not devel-
oped 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 actions is necessary and all sup-
porting documentation; and
‘‘(B) issues and publishes the order in the
Federal Register.
‘‘(6) CHANGES.—Any statement of policies,
practices, or procedures relating to construction and
safety standards, inspections, monitoring, or other
enforcement activities which constitutes a statement
of general or particular applicability and future off-
set and decisions to implement, interpret, or pre-
scribe law of policy by the Secretary is subject to the
provisions of subsection (a) or (b) of this subsection.
Any change adopted in violation of the provisions of
subsection (a) or (b) of this subsection is void.
‘‘(7) TRANSITION.—Until the date that the con-
sensus committee is appointed pursuant to section
4(a)(3), the Secretary may issue proposed orders
that are not developed under the procedures set
forth in this section for new and revised standards.’’;
(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 stand-
ards do not affect the uniformity and comprehen-
siveness of the standards promulgated hereunder.’’;
(3) by striking subsection (e);
(4) in subsection (f), by striking the subsection
designation and all of the matter that precedes para-
graph (1) and inserting the following:
‘‘(e) CONSIDERATIONS IN ESTABLISHING AND IN-
TERPRETING STANDARDS AND REGULATIONS.—The con-
sensus committee, in recommending standards, regula-
tions, and interpretations, and the Secretary, in establish-
ing 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.
Section 605 (42 U.S.C. 5404) is hereby repealed.
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 con-
sensus 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 TRAIN-
ING.
(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 new
paragraphs:
‘‘(4) encouraging the government sponsored
housing entities to actively develop and implement
secondary market securitization programs for FHA
manufactured home loans and those of other loan
programs, as appropriate, thereby promoting the
availability of affordable manufactured homes to in-
crease homeownership for all people in the United
States; and
‘‘(5) reviewing the programs for FHA manufac-
tured home loans and developing any changes to
such programs to promote the affordability of manu-
factured 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 new sub-
section:
‘‘(c) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
‘‘(1) GOVERNMENT SPONSORED HOUSING ENTI-
TIES.—The term ‘government sponsored housing en-
tities’ means the Government National Mortgage As-
sociation of the Department of Housing and Urban
Development, the Federal National Mortgage Asso-
ciation, and the Federal Home Loan Mortgage Cor-
poration.
‘‘(2) FHA MANUFACTURED HOME LOAN.—The
term ‘FHA manufactured home loan’ means a loan
that—
‘‘(A) is insured under title I of the Na-
tional Housing Act and is made for the purpose
of financing alterations, repairs, or improve-
ments on or in connection with an existing
manufactured home, the purchase of a manu-
factured 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) 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:
‘‘AUTHORITY TO ESTABLISH FEES
‘‘SEC. 620. (a) IN GENERAL.—In carrying out in-
spections under this title, in developing standards and reg-
ulations pursuant to section 604, and in facilitating the
acceptance of the affordability and availability of manufac-
tured housing within the Department, the Secretary
may—
‘‘(1) establish and collect from manufactured
home manufacturers such reasonable fees as may be
necessary to offset the expenses incurred by the Sec-
retary in connection with carrying out the respon-
sibilities 
of 
the 
Secretary 
under 
this 
title,
including—
‘‘(A) conducting inspections and monitor-
ing;
‘‘(B) providing funding to States for the
administration and implementation of approved
State plans under section 623, including rea-
sonable funding for cooperative educational and
training programs designed to facilitate uniform
enforcement under this title; these 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 coopera-
tive agreements among participating States,
provided that such person or entity is not other-
wise an agent of the Secretary under this title;
‘‘(C) providing the funding for a noncareer
administrator and Federal staff personnel for
the manufactured housing program;
‘‘(D) administering the consensus commit-
tee as set forth in section 604; and
‘‘(E) facilitating the acceptance of the
quality, durability, safety, and affordability of
manufactured housing within the Department;
and
‘‘(2) use any fees collected under paragraph (1)
to pay expenses referred to in paragraph (1), which
shall be exempt and separate from any limitations
on the Department of Housing and Urban Develop-
ment regarding full-time equivalent positions and
travel.
‘‘(b) CONTRACTORS.—When using fees under this
section, the Secretary shall ensure that separate and inde-
pendent contractors are retained to carry out monitoring
and inspection work and any other work that may be dele-
gated to a contractor under this title.
‘‘(c) PROHIBITED USE.—Fees collected under sub-
section (a) shall not 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 this title.
‘‘(d) MODIFICATION.—Any fee established by the
Secretary under this section shall only be modified pursu-
ant 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 all fees collected pursuant to subsection
(a). These fees shall be held in trust for use only as
provided in this title.
‘‘(2) APPROPRIATION.—Such fees shall be avail-
able for expenditure only to the extent approved in
an annual appropriation Act.’’.
SEC. 9. ELIMINATION OF ANNUAL REPORT REQUIREMENT.
The National Manufactured Housing Construction
and Safety Standards Act of 1974 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. 10. 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 interpre-
tative bulletin that is published as a proposed rule pursu-
ant to section 553 of title 5, United States Code, on or
before such date.
SEC. 11. SAVINGS PROVISION.
(a) STANDARDS AND REGULATIONS.—The Federal
manufactured home construction and safety standards (as
such term is defined in section 603 of the National Manu-
factured Housing Construction and Safety Standards Act
of 1974) and all regulations pertaining thereto in effect
immediately before the date of the enactment of this Act
shall apply until the effective date of a standard or regula-
tion modifying or superseding the existing standard or
regulation which 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 enact-
ment of this Act shall remain in effect for a period of 2
years from the date of enactment of this Act or for the
remainder of the contract term, whichever period is short-
er.
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