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Calendar No. 517
106th CONGRESS
2d Session
S. 1452
[Report No. 106-274]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
April 13, 2000
Reported with an amendment
Calendar No. 517
106th CONGRESS
2d Session
S. 1452
[Report No. 106-274]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 1999
Mr. Shelby (for himself, Mr. Bayh, Mr. Bryan, Mr. Rockefeller, Mr.
Bingaman, Mr. Hutchinson, Mr. Craig, Mr. Inhofe, Mr. Burns, Mr. Lott,
Ms. Snowe, Mr. Santorum, Mr. Mack, Mr. Smith of Oregon, Mr. Cochran,
Mr. Helms, Mr. Bunning, Mr. Lugar, Mr. Crapo, Ms. Collins, Mr.
Sessions, Mr. Roberts, Mr. Johnson, Mr. Hagel, Mr. Hollings, Mr.
Cleland, Mr. Abraham, Mr. Bennett, Mr. Coverdell, Mr. Daschle, Mrs.
Lincoln, Mr. Edwards, and Mr. Allard) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
April 13, 2000
Reported by Mr. Gramm, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE AND REFERENCES.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Manufactured Housing Improvement Act''.</DELETED>
<DELETED> (b) 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.).</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> Section 602 (42 U.S.C. 5401) is amended to read as
follows:</DELETED>
<DELETED>``findings and purposes</DELETED>
<DELETED> ``Sec. 602. (a) Findings.--Congress finds that--</DELETED>
<DELETED> ``(1) manufactured housing plays a vital role in
meeting the housing needs of the Nation; and</DELETED>
<DELETED> ``(2) manufactured homes provide a significant
resource for affordable homeownership and rental housing
accessible to all Americans.</DELETED>
<DELETED> ``(b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> ``(1) to facilitate the acceptance of the quality,
durability, safety, and affordability of manufactured housing
within the Department of Housing and Urban
Development;</DELETED>
<DELETED> ``(2) to facilitate the availability of affordable
manufactured homes and to increase homeownership for all
Americans;</DELETED>
<DELETED> ``(3) to provide for the establishment of
practical, uniform, and, to the extent possible, performance-
based Federal construction standards;</DELETED>
<DELETED> ``(4) to encourage innovative and cost-effective
construction techniques;</DELETED>
<DELETED> ``(5) to protect owners of manufactured homes from
unreasonable risk of personal injury and property
damage;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(7) to ensure uniform and effective enforcement
of Federal construction and safety standards for manufactured
homes; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> (a) In General.--Section 603 (42 U.S.C. 5402) is amended--
</DELETED>
<DELETED> (1) in paragraph (2), by striking ``dealer'' and
inserting ``retailer'';</DELETED>
<DELETED> (2) in paragraph (12), by striking ``and'' at the
end;</DELETED>
<DELETED> (3) in paragraph (13), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(14) `administering organization' means the
recognized, voluntary, private sector, unitary 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 unitary development
process;</DELETED>
<DELETED> ``(15) `consensus committee' means the committee
established under section 604(a)(3);</DELETED>
<DELETED> ``(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 a unitary
consensus committee, which shall function as a single
committee;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(19) `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 hereunder;
and</DELETED>
<DELETED> ``(20) `monitoring'--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) may include the periodic inspection
of retail locations for transit damage, label
tampering, and retailer compliance with this
title.''.</DELETED>
<DELETED> (b) Conforming Amendments.--The National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.) is amended--</DELETED>
<DELETED> (1) in section 613 (42 U.S.C. 5412), by striking
``dealer'' each place it appears and inserting
``retailer'';</DELETED>
<DELETED> (2) in section 614(f) (42 U.S.C. 5413(f)), by
striking ``dealer'' each place it appears and inserting
``retailer'';</DELETED>
<DELETED> (3) in section 615 (42 U.S.C. 5414)--</DELETED>
<DELETED> (A) in subsection (b)(1), by striking
``dealer'' and inserting ``retailer'';</DELETED>
<DELETED> (B) in subsection (b)(3), by striking
``dealer or dealers'' and inserting ``retailer or
retailers''; and</DELETED>
<DELETED> (C) in subsections (d) and (f), by
striking ``dealers'' each place it appears and
inserting ``retailers'';</DELETED>
<DELETED> (4) in section 616 (42 U.S.C. 5415), by striking
``dealer'' and inserting ``retailer''; and</DELETED>
<DELETED> (5) in section 623(c)(9), by striking ``dealers''
and inserting ``retailers''.</DELETED>
<DELETED>SEC. 4. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY
STANDARDS.</DELETED>
<DELETED> Section 604 (42 U.S.C. 5403) is amended--</DELETED>
<DELETED> (1) by striking subsections (a) and (b) and
inserting the following:</DELETED>
<DELETED> ``(a) Establishment.--</DELETED>
<DELETED> ``(1) Authority.--The Secretary shall establish,
by order, appropriate Federal manufactured home construction
and safety standards, each of which--</DELETED>
<DELETED> ``(A) shall--</DELETED>
<DELETED> ``(i) be reasonable and
practical;</DELETED>
<DELETED> ``(ii) meet high standards of
protection consistent with the enumerated
purposes of this title; and</DELETED>
<DELETED> ``(iii) be performance-based and
objectively stated, unless clearly
inappropriate; and</DELETED>
<DELETED> ``(B) except as provided in subsection
(b), shall be established in accordance with the
consensus standards development process.</DELETED>
<DELETED> ``(2) Consensus standards and regulatory
development process.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) terminate on the date on
which a contract is entered into under
subparagraph (B); and</DELETED>
<DELETED> ``(ii) require the administering
organization to--</DELETED>
<DELETED> ``(I) appoint the initial
members of the consensus committee
under paragraph (3);</DELETED>
<DELETED> ``(II) administer the
consensus standards development process
until the termination of that
agreement; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Performance review.--The Secretary--
</DELETED>
<DELETED> ``(i) shall periodically review
the performance of the administering
organization; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Consensus committee.--</DELETED>
<DELETED> ``(A) Purpose.--There is established a
committee to be known as the `consensus committee',
which shall, in accordance with this title--</DELETED>
<DELETED> ``(i) provide periodic
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