dreamproit/uscode huggingface dataset:
42 U.S.C. § 5319 (THE PUBLIC HEALTH AND WELFARE)
§ 5319. Community participation in programs
No community shall be barred from participating in any program authorized under this chapter solely on the basis of population, except as expressly authorized by statute.
(Pub. L. 93–383, title I, § 120, as added Pub. L. 95–557, title I, § 103(i), Oct. 31, 1978, 92 Stat. 2084.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
heading: Effective Date
text: Section effective Oct. 1, 1978, see section 104 of Pub. L. 95–557, set out as an Effective Date of 1978 Amendment note under section 1709 of Title 12, Banks and Banking.
42 U.S.C. § 5321 (THE PUBLIC HEALTH AND WELFARE)
§ 5321. Suspension of requirements for disaster areas
For funds designated under this chapter by a recipient to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq.], the Secretary may suspend all requirements for purposes of assistance under section 5306 of this title for that area, except for those related to public notice of funding availability, nondiscrimination, fair housing, labor standards, environmental standards, and requirements that activities benefit persons of low- and moderate-income.
(Pub. L. 93–383, title I, § 122, as added Pub. L. 103–233, title II, § 234, Apr. 11, 1994, 108 Stat. 369.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended. Title IV of the Act is classified generally to subchapter IV (§ 5170 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
heading: Effective Date
text: Section applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of chapter 130 of this title after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out this section not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title.
42 U.S.C. § 5405 (THE PUBLIC HEALTH AND WELFARE)
§ 5405. Judicial review of orders establishing standards; petition; additional evidence before Secretary; certified copy of transcript
(a)
(1) In a case of actual controversy as to the validity of any order under section 5403 of this title, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28.
(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the order in accordance with the provisions of sections 701 through 706 of title 5, and to grant appropriate relief.
(4) The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(5) Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.
(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.
(b) A certified copy of the transcript of the record and proceedings under this section shall be furnished by the Secretary to any interested party at his request and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this chapter, irrespective of whether proceedings with respect to the order have previously been initiated or become final under subsection (a) of this section.
(Pub. L. 93–383, title VI, § 606, Aug. 22, 1974, 88 Stat. 702.)
42 U.S.C. § 5408 (THE PUBLIC HEALTH AND WELFARE)
§ 5408. Cooperation by Secretary with public and private agencies
The Secretary is authorized to advise, assist, and cooperate with other Federal agencies and with State and other interested public and private agencies, in the planning and development of—
(1) manufactured home construction and safety standards; and
(2) methods for inspecting and testing to determine compliance with manufactured home standards.
(Pub. L. 93–383, title VI, § 609, Aug. 22, 1974, 88 Stat. 704; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)
heading: Amendments
text: 1980—Pub. L. 96–399 substituted “manufactured home” for “mobile home” in two places.
42 U.S.C. § 5410 (THE PUBLIC HEALTH AND WELFARE)
§ 5410. Civil and criminal penalties
(a) Whoever violates any provision of section 5409 of this title, or any regulation or final order issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a provision of section 5409 of this title, or any regulation or order issued thereunder shall constitute, a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation.
(b) An individual or a director, officer, or agent of a corporation who knowingly and willfully violates section 5409 of this title in a manner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(Pub. L. 93–383, title VI, § 611, Aug. 22, 1974, 88 Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–399 substituted “manufactured home” for “mobile home”.
42 U.S.C. § 5415 (THE PUBLIC HEALTH AND WELFARE)
§ 5415. Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification
Every manufacturer of manufactured homes shall furnish to the distributor or retailer at the time of delivery of each such manufactured home produced by such manufacturer certification that such manufactured home conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of a label or tag permanently affixed to each such manufactured home.
(Pub. L. 93–383, title VI, § 616, Aug. 22, 1974, 88 Stat. 711; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L. 106–569, title VI, § 603(b)(4), Dec. 27, 2000, 114 Stat. 2999.)
heading: Codification
text: References to “mobile homes”, wherever appearing in text, changed to “manufactured homes” in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of Pub. L. 96–399 requiring the substitution of “manufactured home” for “mobile home” wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L. 97–35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms “mobile home” and “manufactured home” shall be deemed to include the terms “mobile homes” and “manufactured homes”, respectively.
heading: Amendments
text: 2000—Pub. L. 106–569 substituted “retailer” for “dealer”.
1980—Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title.
42 U.S.C. § 5416 (THE PUBLIC HEALTH AND WELFARE)
§ 5416. Consumer’s manual; contents
The Secretary shall develop guidelines for a consumer’s manual to be provided to manufactured home purchasers by the manufacturer. These manuals should identify and explain the purchasers’ responsibilities for operation, maintenance, and repair of their manufactured homes.
(Pub. L. 93–383, title VI, § 617, Aug. 22, 1974, 88 Stat. 711; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417.)
heading: Codification
text: References to “mobile homes”, wherever appearing in text, changed to “manufactured homes” in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of Pub. L. 96–399 requiring the substitution of “manufactured home” for “mobile home” wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L. 97–35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms “mobile home” and “manufactured home” shall be deemed to include the terms “mobile homes” and “manufactured homes”, respectively.
heading: Amendments
text: 1980—Pub. L. 96–399 substituted “manufactured home” for “mobile home”.
42 U.S.C. § 5417 (THE PUBLIC HEALTH AND WELFARE)
§ 5417. Effect upon antitrust laws
Nothing contained in this chapter shall be deemed to exempt from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws. As used in this section, the term “antitrust laws” includes, but is not limited to, the Act of July 2, 1890, as amended; the Act of October 14, 1914, as amended; the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894, as amended.
(Pub. L. 93–383, title VI, § 618, Aug. 22, 1974, 88 Stat. 711.)
heading: References in Text
text: Act of July 2, 1890, as amended, referred to in text, is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
Act of October 14, 1914, as amended, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
Sections 73 and 74 of the Act of August 27, 1894, referred to in text, are classified to sections 8 and 9 of Title 15.
42 U.S.C. § 5418 (THE PUBLIC HEALTH AND WELFARE)
§ 5418. Use of services, research and testing facilities of public agencies and independent laboratories
The Secretary, in exercising the authority under this chapter, shall utilize the services, research and testing facilities of public agencies and independent testing laboratories to the maximum extent practicable in order to avoid duplication.
(Pub. L. 93–383, title VI, § 619, Aug. 22, 1974, 88 Stat. 711.)
42 U.S.C. § 5420 (THE PUBLIC HEALTH AND WELFARE)
§ 5420. Failure to report violations; penalties
Any person, other than an officer or employee of the United States, or a person exercising inspection functions under a State plan pursuant to section 5422 of this title, who knowingly and willfully fails to report a violation of any construction or safety standard established under section 5403 of this title may be fined up to $1,000 or imprisoned for up to one year, or both.
(Pub. L. 93–383, title VI, § 621, Aug. 22, 1974, 88 Stat. 712.)
42 U.S.C. § 5421 (THE PUBLIC HEALTH AND WELFARE)
§ 5421. Prohibition on waiver of rights
The rights afforded manufactured home purchasers under this chapter may not be waived, and any provision of a contract or agreement entered into after August 22, 1974, to the contrary shall be void.
(Pub. L. 93–383, title VI, § 622, Aug. 22, 1974, 88 Stat. 712; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)
heading: Amendments
text: 1980—Pub. L. 96–399 substituted “manufactured home” for “mobile home”.
42 U.S.C. § 5423 (THE PUBLIC HEALTH AND WELFARE)
§ 5423. Grants to States
(a) Purposes
The Secretary is authorized to make grants to the States which have designated a State agency under section 5422 of this title to assist them—
(1) in identifying their needs and responsibilities in the area of manufactured home construction and safety standards; or
(2) in developing State plans under section 5422 of this title.
(b) Designation by Governor of State agency for receipt of grant
The Governor of each State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section.
(c) Submission of application by State agency to Secretary; review by Secretary
Any State agency designated by the Governor of a State desiring a grant under this section shall submit an application therefor to the Secretary. The Secretary shall review and either accept or reject such application.
(d) Amount of Federal share; equality of distribution of funds
The Federal share for each State grant under subsection (a) of this section may not exceed 90 per centum of the total cost to the State in identifying its needs and developing its plan. In the event the Federal share for all States under such subsection is not the same, the differences among the States shall be established on the basis of objective criteria.
(Pub. L. 93–383, title VI, § 624, Aug. 22, 1974, 88 Stat. 713; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)
heading: Amendments
text: 1980—Subsec. (a)(1). Pub. L. 96–399 substituted “manufactured home” for “mobile home”.
42 U.S.C. § 5424 (THE PUBLIC HEALTH AND WELFARE)
§ 5424. Rules and regulations
The Secretary is authorized to issue, amend, and revoke such rules and regulations as he deems necessary to carry out this chapter.
(Pub. L. 93–383, title VI, § 625, Aug. 22, 1974, 88 Stat. 713.)
heading: Regulations and Procedures With Regard to Manufactured Homes
text: Pub. L. 96–399, title III, § 308(c)(7), Oct. 8, 1980, 94 Stat. 1641, provided that: “In adopting regulations and procedures in accordance with this subsection [see Tables for classification] the Secretary of Housing and Urban Development shall have discretion to take actions in a manner which he deems necessary to insure that the public is fully aware of the distinctions between the various types of factory-built housing.”
42 U.S.C. § 5425 (THE PUBLIC HEALTH AND WELFARE)
§ 5425. Repealed. Pub. L. 106–569, title VI, § 611(1), Dec. 27, 2000, 114 Stat. 3012
text: Section, Pub. L. 93–383, title VI, § 626, Aug. 22, 1974, 88 Stat. 714; Pub. L. 95–557, title IX, § 901, Oct. 31, 1978, 92 Stat. 2124; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417, related to reports to Congress.
heading: Effective Date of Repeal
text: Repeal effective Dec. 27, 2000, except that repeal has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as an Effective Date of 2000 Amendment note under section 5401 of this title.
42 U.S.C. § 5426 (THE PUBLIC HEALTH AND WELFARE)
§ 5426. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
(Pub. L. 93–383, title VI, § 626, formerly § 627, Aug. 22, 1974, 88 Stat. 714; renumbered § 626, Pub. L. 106–569, title VI, § 611(2), Dec. 27, 2000, 114 Stat. 3012.)
heading: Prior Provisions
text: A prior section 626 of Pub. L. 93–383 was classified to section 5425 of this title, prior to repeal by Pub. L. 106–569.
42 U.S.C. § 5504a (THE PUBLIC HEALTH AND WELFARE)
§ 5504a. Repealed. Pub. L. 96–125, title VIII, § 804(b), Nov. 26, 1979, 93 Stat. 948
text: Section, Pub. L. 95–356, title VIII, § 804, Sept. 8, 1978, 92 Stat. 585, related to use of solar energy systems in military construction projects.
42 U.S.C. § 5505 (THE PUBLIC HEALTH AND WELFARE)
§ 5505. Omitted
heading: Codification
text: Section, Pub. L. 93–409, § 7, Sept. 3, 1974, 88 Stat. 1073, authorized and directed Administrator and Secretary to prepare a comprehensive plan for conduct of development and demonstration activities under section 5503 and 5504, such plan to be transmitted to President and Congress within 120 days after Sept. 3, 1974.
42 U.S.C. § 5506 (THE PUBLIC HEALTH AND WELFARE)
§ 5506. Test procedures and definitive performance criteria for solar heating and combined solar heating and cooling components and systems and suitable dwellings; determination, consultation and publication in Federal Register
As soon as feasible, and utilizing data available from the demonstration programs under sections 5503 and 5504 of this title, the Secretary, utilizing the services of the Director of the National Institute of Standards and Technology and in consultation with the Administrator and the Secretary of Energy shall determine, prescribe, and publish in the Federal Register in accordance with the applicable provisions regarding rulemaking prescribed by section 553 of title 5,
(1) definitive performance criteria for solar heating and combined solar heating and cooling components and systems to be used in residential dwellings, taking into account climatic variations existing between different geographic areas;
(2) definitive performance criteria (relating to suitability for solar heating and for combined solar heating and cooling) for such dwellings, taking into account climatic variations existing between different geographic areas; and
(3) procedures whereby manufacturers of solar heating and combined solar heating and cooling components and systems shall have their products tested in order to provide certification that such products conform to the performance criteria established under paragraph (1).
(Pub. L. 93–409, § 8, Sept. 3, 1974, 88 Stat. 1073; Pub. L. 93–438, title I, § 104(f), title III, § 301(h), Oct. 11, 1974, 88 Stat. 1238, 1250; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
heading: Amendments
text: 1988—Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
heading: Transfer of Functions
text: “Secretary of Energy” substituted in text for “Director”, meaning Director of National Science Foundation, pursuant to sections 104(f) and 301(h) of Pub. L. 93–438, which are classified to sections 5814(f) and 5871(h) of this title and which transferred functions of National Science Foundation relating to or utilized in connection with solar heating and cooling development to Administrator of Energy Research and Development Administration, and pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.
42 U.S.C. § 5507 (THE PUBLIC HEALTH AND WELFARE)
§ 5507. Arrangements with Federal agencies for development and demonstration of solar heating and combined heating and cooling systems for commercial buildings
The Administrator, in consultation with the Secretary, the Secretary of Energy, the Administrator of General Services, and the Director of the National Institute of Standards and Technology and concurrently with the conduct of the programs under sections 5503 and 5504 of this title, shall enter into arrangements with appropriate Federal agencies to carry out such projects and activities (including demonstration projects) with respect to apartment buildings, office buildings, factories, crop-drying facilities and other agricultural structures, public buildings (including schools and colleges), and other non-residential, commercial, or industrial buildings, taking into account the special needs of and individual differences in such buildings based upon size, function, and other relevant factors, as may be appropriate for the early development and demonstration of solar heating and combined solar heating and cooling systems suitable and effective for use in such buildings.
(Pub. L. 93–409, § 9, Sept. 3, 1974, 88 Stat. 1074; Pub. L. 93–438, title I, § 104(f), title III, § 301(h), Oct. 11, 1974, 88 Stat. 1238, 1250; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
heading: Amendments
text: 1988—Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
heading: Transfer of Functions
text: “Secretary of Energy” substituted in text for “Director”, meaning Director of National Science Foundation, pursuant to sections 104(f) and 301(h) of Pub. L. 93–438, which are classified to sections 5814(f) and 5871(h) of this title and which transferred functions of National Science Foundation relating to or utilized in connection with solar heating and cooling development to Administrator of Energy Research and Development Administration, and pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.