‘‘(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 com-
mittee; 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 action 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
704(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 estab-
lishing 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. 705. ABOLISHMENT OF NATIONAL MANUFACTURED
HOME ADVISORY COUNCIL.
Section 605 (42 U.S.C. 5404) is hereby repealed.
SEC. 706. 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. 707. 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 LOANS.—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. 708. 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 moni-
toring;
‘‘(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 com-
mittee 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. 709. ELIMINATION OF ANNUAL REPORT REQUIRE-
MENT.
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. 710. EFFECTIVE DATE.
The amendments made by this title 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. 711. 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 title.
(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.
TITLE VIII—INDIAN HOUSING
HOMEOWNERSHIP
SEC. 801. LANDS TITLE REPORT COMMISSION.
(a) ESTABLISHMENT.—Subject to sums being pro-
vided in advance in appropriations Acts, there is estab-
lished a Commission to be known as the Lands Title Re-
port Commission (hereafter in this section referred to as
the ‘‘Commission’’) to facilitate home loan mortgages on
Indian trust lands. The Commission will be subject to
oversight by the Committee on Banking and Financial
Services of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of the
Senate.
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be
composed of 12 members, appointed not later than
90 days after the date of the enactment of this Act
as follows:
(A) 4 members shall be appointed by the
President.
(B) 4 members shall be appointed by the
Chairperson of the Committee on Banking and
Financial Services of the House of Representa-
tives.