300
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;
301
‘‘(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;
‘‘(E) facilitating the acceptance of the
quality, durability, safety, and affordability of
manufactured housing within the Department;
and
‘‘(F) implementing sections 605 and 623;
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 no fewer than
three separate contracts and three 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; except that the re-
quired minimum number of separate contracts and sepa-
302
rate and independent contractors shall increase to four si-
multaneous with the latter of—
‘‘(1) the issuance by the Secretary of a request
for proposals for the implementation of installation
programs; and
‘‘(2) the issuance by the Secretary of a request
for proposals for the implementation of dispute reso-
lution program,
as provided in this title. The Secretary shall also ensure
that no conflict of interest arises from the award of any
such contracts.
‘‘(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 the 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.
303
‘‘(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.
‘‘(3) PAYMENTS TO STATES.—On and after the
effective date of the Manufactured Housing Im-
provement Act, the Secretary shall continue to fund
the States having approved State plans in amounts
which are not less than the allocated amounts based
on the fee distribution system in effect on the day
before the effective date of such Act.’’.
SEC. 1110. DISPUTE RESOLUTION.
Section 623(c) (42 U.S.C. 5422(c)), as amended by
section 1105(b) of this Act, is amended by inserting after
paragraph (11) (as added by section 1105(b) of this Act)
the following:
‘‘(12) with respect to any State plan submitted
on or after the expiration of the 5-year period begin-
ning on the date of the enactment of the Manufac-
304
tured Housing Improvement Act, provides for a dis-
pute resolution program for the timely resolution of
disputes between manufacturers, retailers, and in-
stallers of manufactured homes regarding responsi-
bility, and for the issuance of appropriate orders, for
the correction or repair of defects in manufactured
homes that are reported during the 1-year period be-
ginning on the date of installation; and’’; and by
adding at the end the following:
‘‘(g) ENFORCEMENT
OF
DISPUTE
RESOLUTION
STANDARDS.—
‘‘(1) ESTABLISHMENT
OF
DISPUTE
RESOLU-
TION PROGRAM.—Not later than the expiration of
the 5-year period beginning on the date of the enact-
ment of the Manufactured Housing Improvement
Act, the Secretary shall establish a dispute resolu-
tion program that meets the requirements of sub-
section (c)(12) for dispute resolution in each State
described in paragraph (2). The order establishing
the dispute resolution program shall be issued after
notice and an opportunity for public comment in ac-
cordance with section 553 of title 5, United States
Code.
‘‘(2) IMPLEMENTATION
OF
DISPUTE
RESOLU-
TION PROGRAM.—Beginning on the expiration of the
305
5-year period described in paragraph (1), the Sec-
retary shall implement the dispute resolution pro-
gram established under paragraph (1) in each State
that has not established a dispute resolution pro-
gram that meets the requirements of subsection
(c)(12).
‘‘(3) CONTRACTING
OUT
OF
IMPLEMENTA-
TION.—In carrying out paragraph (2), the Secretary
may contract with an appropriate agent to imple-
ment the dispute resolution program established
under that paragraph.
SEC. 1111. ELIMINATION OF ANNUAL REPORT REQUIRE-
MENT.
The Act 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. 1112. EFFECTIVE DATE.
The amendments made by this title shall take effect
on the date of the 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-
306
ant to section 553 of title 5, United States Code, on or
before such date.
SEC. 1113. 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 after April
6, 2000, pursuant to a Request for Proposal issued before
the date of the enactment of this Act shall remain in effect
for a period of 2 years from the date of the enactment
of this Act or for the remainder of the contract term,
whichever period is shorter.
307
TITLE 
XII—PUBLIC 
AND 
AS-
SISTED 
HOUSING 
DRUG
ELIMINATION PROGRAM
SEC. 1201. ELIGIBLE PUBLIC HOUSING AGENCIES.
Section 5125 of the Anti-Drug Abuse Act of 1988
(42 U.S.C. 11904) is amended—
(1) in subsection (b)—
(A) in paragraph (2)(B), by inserting ‘‘or
(4)’’ before the period at the end;
(B) by redesignating paragraph (4) as
paragraph (5); and
(C) by inserting after paragraph (3) the
following new paragraph:
‘‘(4) EFFECTIVE PHA’S.—The class established
under this paragraph is the class of public housing
agencies that demonstrate, to the satisfaction of the
Secretary, that—
‘‘(A) the agency received grants under this
chapter to carry out eligible activities under this
chapter, as in effect immediately before the ef-
fective date under section 503(a) of the Quality
Housing and Work Responsibility Act of 1998;
‘‘(B) the agency, in cooperation with local
law enforcement agencies, has largely elimi-
nated drug and crime problems in the public
308
housing project or projects for which the assist-
ance will be used;
‘‘(C) the agency needs to maintain or ex-
pand police services in and around such public
housing to sustain the low incidence of crime
and drug problems in and around such public
housing; and
‘‘(D) the agency needs, and will use, assist-
ance under this chapter to maintain or expand
such police services,
except that such agencies shall be eligible under this
paragraph only during the 5-year period beginning
upon initial eligibility under this paragraph.’’; and
(2) in subsection (c)(1), by inserting before the
semicolon the following: ‘‘except that this paragraph
shall not apply in the case of agencies eligible for as-
sistance under this chapter pursuant to subsection
(b)(4)’’.
Passed the House of Representatives April 6, 2000.
Attest:
Clerk.