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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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