Home > 106th Congressional Bills > S. 1452 (is) To modernize the requirements under the National Manufactured Housing [Introduced in Senate] ...

S. 1452 (is) To modernize the requirements under the National Manufactured Housing [Introduced in Senate] ...


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106th CONGRESS
  2d Session
                                S. 1452

_______________________________________________________________________

                                 AN ACT


 
 To modernize the requirements under the National Manufactured Housing 
   Construction and Safety Standards Act of 1974 and to establish a 
     balanced consensus process for the development, revision, and 
    interpretation of Federal construction and safety standards for 
                          manufactured homes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Manufactured 
Housing Improvement Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Federal manufactured home construction and safety standards.
Sec. 5. Abolishment of National Manufactured Home Advisory Council; 
                            manufactured home installation.
Sec. 6. Public information.
Sec. 7. Research, testing, development, and training.
Sec. 8. Fees.
Sec. 9. Dispute resolution.
Sec. 10. Elimination of annual reporting requirement.
Sec. 11. Effective date.
Sec. 12. Savings provisions.
    (c) References.--Whenever in this Act an amendment is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered 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:

``SEC. 602. FINDINGS AND PURPOSES.

    ``(a) Findings.--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--
            ``(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 practical, 
        uniform, and, to the extent possible, performance-based Federal 
        construction standards for manufactured homes;
            ``(4) to encourage innovative and cost-effective 
        construction techniques for manufactured homes;
            ``(5) to protect owners of manufactured homes from 
        unreasonable risk of personal injury and property damage;
            ``(6) to establish a balanced consensus process for the 
        development, revision, and interpretation of Federal 
        construction and safety standards for manufactured homes and 
        related regulations for the enforcement of such standards;
            ``(7) to ensure uniform and effective enforcement 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 Federal 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:
            ``(14) `administering organization' means the recognized, 
        voluntary, private sector, consensus standards body with 
        specific experience in developing model residential building 
        codes and standards involving all disciplines regarding 
        construction and safety that administers the consensus 
        standards through a development process;
            ``(15) `consensus committee' means the committee 
        established under section 604(a)(3);
            ``(16) `consensus standards development process' means the 
        process by which additions, revisions, and interpretations to 
        the Federal manufactured home construction and safety standards 
        and enforcement regulations shall be developed and recommended 
        to the Secretary by the consensus committee;
            ``(17) `primary inspection agency' means a State agency or 
        private organization that has been approved by the Secretary to 
        act as a design approval primary inspection agency or a 
        production inspection primary inspection agency, or both;
            ``(18) `design approval primary inspection agency' 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) `installation standards' means reasonable 
        specifications for the installation of a manufactured 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 anchoring systems;
            ``(20) `monitoring'--
                    ``(A) means the process of periodic review of the 
                primary inspection agencies, by the Secretary or by a 
                State agency under an approved State plan pursuant to 
                section 623, in accordance with regulations recommended 
                by the consensus committee and promulgated in 
                accordance with section 604(b), which process shall be 
                for the purpose of ensuring that the primary inspection 
                agencies are discharging their duties under this title; 
                and
                    ``(B) may include the periodic inspection of retail 
                locations for transit damage, label tampering, and 
                retailer compliance with this title; and
            ``(21) `production inspection primary inspection agency' 
        means a State agency or private organization that has been 
        approved by the Secretary to evaluate the ability of 
        manufactured home manufacturing plants to comply with approved 
        quality control procedures and with the Federal manufactured 
        home construction and safety standards promulgated under this 
        title.''.
    (b) Conforming Amendments.--The National Manufactured Housing 
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) 
is amended--
            (1) in section 613 (42 U.S.C. 5412), by striking ``dealer'' 
        each place it appears and inserting ``retailer'';
            (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 ``dealer'' 
                and inserting ``retailer'';
                    (B) in subsection (b)(3), by striking ``dealer or 
                dealers'' and inserting ``retailer or retailers''; 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 inserting the 
        following:
    ``(a) Establishment.--
            ``(1) Authority.--The Secretary shall establish, 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 protection 
                        consistent with the purposes of this title; and
                            ``(iii) be performance-based and 
                        objectively stated, unless clearly 
                        inappropriate; and
                    ``(B) except as provided in subsection (b), shall 
                be established in accordance with the consensus 
                standards development process.
            ``(2) Consensus standards and regulatory development 
        process.--
                    ``(A) Initial agreement.--Not later than 180 days 
                after the date of enactment of the Manufactured Housing 
                Improvement Act of 2000, 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 subparagraph 
                        (B); and
                            ``(ii) require the administering 
                        organization to--
                                    ``(I) recommend 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 process 
                                for procedural and enforcement 
                                regulations and regulations specifying 
                                the permissible scope and conduct of 
                                monitoring until the termination of 
                                that agreement.
                    ``(B) Competitively procured contract.--Upon the 
                expiration of the 4-year period beginning on the date 
                on which all members 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 Procurement 
                Policy Act), enter into a competitively awarded 
                contract with an administering organization. The 
                administering organization shall administer the 
                consensus process for the development and 
                interpretation of the Federal standards, the procedural 
                and enforcement regulations, 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 
                        performance of the administering organization; 
                        and
                            ``(ii) may replace the administering 
                        organization with another qualified technical 
                        or building code organization, pursuant to 
                        competitive procedures, if the Secretary 
                        determines in writing that the administering 
                        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 committee', which shall 
                function as a single committee, and which shall, in 
                accordance with this title--
                            ``(i) provide periodic recommendations to 
                        the Secretary to adopt, revise, and interpret 
                        the Federal manufactured housing construction 
                        and safety standards in accordance with this 
                        subsection;
                            ``(ii) provide periodic recommendations to 
                        the Secretary to adopt, revise, and interpret 
                        the procedural and enforcement regulations, 
                        including regulations specifying the 
                        permissible scope and conduct of monitoring in 
                        accordance with this subsection; 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 committee shall be 
                composed of--
                            ``(i) 21 voting members appointed by the 
                        Secretary, after consideration of the 
                        recommendations of the administering 
                        organization under paragraph (2)(A)(ii)(I), 
                        from among individuals who are qualified by 
                        background and experience to participate in the 
                        work of the consensus committee; and
                            ``(ii) 1 nonvoting member appointed by the 
                        Secretary to represent the Secretary on the 
                        consensus committee.
                    ``(C) Disapproval.--The Secretary shall state, in 
                writing, the reasons for failing to appoint under 
                subparagraph (B)(i) of this paragraph any individual 
                recommended by the administering organization under 
                paragraph (2)(A)(ii)(I).
                    ``(D) Selection procedures and requirements.--Each 
                member of the consensus committee shall be appointed in 
                accordance with selection procedures, which shall be 
                based on the procedures for consensus committees 
                promulgated by the American National Standards 
                Institute (or successor organization), except that the 
                American National Standards Institute interest 
                categories shall be modified for purposes of this 
                paragraph to ensure equal representation on the 
                consensus committee of the following interest 
                categories:
                            ``(i) Producers.--Seven producers or 
                        retailers of manufactured housing.
                            ``(ii) Users.--Seven persons representing 
                        consumer interests, such as consumer 

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