US (United States) Code. Title 42. Chapter 70: Manufactured home construction and safety standars

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Wealfare

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-CITE-

42 USC CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND

SAFETY STANDARDS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-MISC1-

Sec.

5401. Findings and purposes.

(a) Findings.

(b) Purposes.

5402. Definitions.

5403. Construction and safety standards.

(a) Establishment.

(b) Other orders.

(c) Effective date of orders establishing

standards.

(d) Supremacy of Federal standards.

(e) Considerations in establishing and interpreting

standards and regulations.

(f) Coverage; exclusion.

(g) Manufactured housing construction and safety

standards.

(h) New performance standards for hardboard siding.

5404. Manufactured home installation.

(a) Provision of installation design and

instructions.

(b) Model manufactured home installation standards.

(c) Manufactured home installation programs.

5405. Judicial review of orders establishing standards;

petition; additional evidence before Secretary;

certified copy of transcript.

5406. Submission of cost or other information by

manufacturer.

(a) Purpose of submission; detail of information.

(b) Conditions upon availability to public of

submitted information.

(c) "Cost information" defined.

(d) Power of Secretary to obtain or require

submission of information under other

provisions unaffected.

5407. Research, testing, development, and training by

Secretary.

(a) Scope.

(b) Contracts and grants with States, interstate

agencies, and independent institutions.

(c) Definitions.

5408. Cooperation by Secretary with public and private

agencies.

5409. Prohibited acts; exemptions.

5410. Civil and criminal penalties.

5411. Injunctive relief.

(a) Jurisdiction; petition of United States

attorney or Attorney General; notice by

Secretary to affected persons to present

views.

(b) Criminal contempt proceedings; conduct of

trial.

(c) Venue.

(d) Subpenas.

(e) Designation by manufacturer of agent for

service of administrative and judicial

processes, etc.; filing and amendment of

designation; failure to make designation.

5412. Noncompliance with standards or defective nature of

manufactured home; administrative or judicial

determination; repurchase by manufacturer or repair

by distributor or retailer; reimbursement of

expenses, etc., by manufacturer; injunctive relief

against manufacturer for failure to comply;

jurisdiction and venue; damages; period of

limitation.

5413. Inspections and investigations for promulgation or

enforcement of standards or execution of other

duties.

(a) Authority of Secretary; results furnished to

Attorney General and Secretary of the Treasury

for appropriate action.

(b) Designation by Secretary of persons to enter

and inspect factories, etc.; presentation of

credentials; reasonableness and scope of

inspection.

(c) Powers of Secretary.

(d) Refusal to obey subpena or order of Secretary;

order of compliance by district court; failure

to obey order of compliance punishable as

contempt.

(e) Submission by manufacturer of building plans

for manufactured homes; certification by

manufacturer of conformity of building plans

to standards.

(f) Records, reports and information from

manufacturers, distributors and retailers of

manufactured homes; inspection and examination

of relevant books, papers, records and

documents by designated person.

(g) Performance and technical data from

manufacturer; persons required to receive

notification of data.

(h) Disclosure of confidential information and

trade secrets.

5414. Notification and correction of defects by

manufacturer.

(a) Notice to purchaser within reasonable time

after discovery of defect.

(b) Notification by mail.

(c) Form and requisites of notification.

(d) Copy to Secretary of all notices, bulletins,

and communications sent by manufacturer to

retailers and purchasers concerning defects;

disclosure to public by Secretary.

(e) Notice by Secretary to manufacturers of

noncompliance with standards or defective

nature of manufactured home; contents of

notice; presentation by manufacturer of views;

notice to purchasers of defects.

(f) Maintenance by manufacturers of record of names

and addresses of first purchasers of

manufactured homes; procedures for

ascertaining names and addresses of subsequent

purchasers; establishment and reasonableness

of procedures for maintaining records.

(g) Correction of defects by manufacturer;

conditions; procedures; contract or legal

rights of purchasers or other persons

unaffected.

(h) Submission to Secretary by manufacturer of plan

for notifying owners of defects and repair of

defects; approval of manufacturer's remedy

plan; effectuation and implementation of

remedy plan.

(i) Defective or inadequately repaired manufactured

homes; replacement with new or equivalent home

or refund of purchase price.

5415. Certification by manufacturer of conformity of

manufactured home with standards; form and placement

of certification.

5416. Consumer's manual; contents.

5417. Effect upon antitrust laws.

5418 Use of services, research and testing facilities of

public agencies and independent laboratories.

5419. Authority to collect fee.

(a) In general.

(b) Contractors.

(c) Prohibited use.

(d) Modification.

(e) Appropriation and deposit of fees.

5420. Failure to report violations; penalties.

5421. Prohibition on waiver of rights.

5422. State enforcement.

(a) Jurisdiction of State agency or court under

State law.

(b) Assumption of responsibility for enforcement of

Federal standards; submission of enforcement

plan to Secretary.

(c) Criteria for approval of State plan by

Secretary.

(d) Notice and hearing prior to rejection by

Secretary of State plan.

(e) Discretionary enforcement by Secretary of

standards in State having approved plan.

(f) Annual evaluation by Secretary of execution of

State plan; basis of evaluation; submission of

evaluation and data to Congress; determination

by Secretary of improper administration, etc.,

of State plan; procedure; effect of

determination.

(g) Enforcement of dispute resolution standards.

5423. Grants to States.

(a) Purposes.

(b) Designation by Governor of State agency for

receipt of grant.

(c) Submission of application by State agency to

Secretary; review by Secretary.

(d) Amount of Federal share; equality of

distribution of funds.

5424. Rules and regulations.

5425. Repealed.

5426. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1472 of this title; title

12 section 1703.

-End-

-CITE-

42 USC Sec. 5401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5401. Findings and purposes

-STATUTE-

(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 chapter are -

(1) to protect the quality, durability, safety, and

affordability of manufactured homes;

(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 residents of manufactured homes with respect to

personal injuries and the amount of insurance costs and property

damages in manufactured housing, consistent with the other

purposes of this section;

(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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 602, Aug. 22, 1974, 88 Stat. 700;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417; Pub. L. 106-569, title VI, Sec. 602, Dec. 27, 2000, 114

Stat. 2997.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-569 amended section catchline and text

generally. Prior to amendment, text read as follows: "The Congress

declares that the purposes of this chapter are to reduce the number

of personal injuries and deaths and the amount of insurance costs

and property damage resulting from manufactured home accidents and

to improve the quality and durability of manufactured homes.

Therefore, the Congress determines that it is necessary to

establish Federal construction and safety standards for

manufactured homes and to authorize manufactured home safety

research and development."

1980 - Pub. L. 96-399 substituted "manufactured home" for "mobile

home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-569, title VI, Sec. 612, Dec. 27, 2000, 114 Stat.

3012, provided that: "The amendments made by this title [see Short

Title of 2000 Amendment note below] shall take effect on the date

of the enactment of this Act [Dec. 27, 2000], except that the

amendments shall have no effect on any order or interpretative

bulletin that is issued under the National Manufactured Housing

Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et

seq.) and published as a proposed rule pursuant to section 553 of

title 5, United States Code, on or before that date of the

enactment."

EFFECTIVE DATE

Pub. L. 93-383, title VI, Sec. 627, formerly Sec. 628, Aug. 22,

1974, 88 Stat. 714, renumbered Sec. 627, Pub. L. 106-569, title VI,

Sec. 611(2), Dec. 27, 2000, 114 Stat. 3012, provided that: "The

provisions of this title [enacting this chapter and provisions set

out as a note under this section] shall take effect upon the

expiration of 180 days following the date of enactment of this

title [Aug. 22, 1974]."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-569, title VI, Sec. 601(a), Dec. 27, 2000, 114 Stat.

2997, provided that: "This title [amending this section and

sections 5402 to 5404, 5406, 5407, 5409, 5412 to 5415, 5419, 5422,

and 5426 of this title, repealing section 5425 of this title, and

enacting and amending provisions set out as notes under this

section] may be cited as the 'Manufactured Housing Improvement Act

of 2000'."

SHORT TITLE

Section 601 of title VI of Pub. L. 93-383, as amended by Pub. L.

96-399, title III, Sec. 308(c)(5), Oct. 8, 1980, 94 Stat. 1641,

provided that: "This title [enacting this chapter and provisions

set out as a note under this section] may be cited as the 'National

Manufactured Housing Construction and Safety Standards Act of

1974'."

SAVINGS PROVISIONS

Pub. L. 106-569, title VI, Sec. 613, Dec. 27, 2000, 114 Stat.

3012, provided that:

"(a) Standards and Regulations. - The Federal manufactured home

construction and safety standards (as such term is defined in

section 603 of the National Manufactured Housing Construction and

Safety Standards Act of 1974 [42 U.S.C. 5402]) and all regulations

pertaining thereto in effect on the day before the date of the

enactment of this Act [Dec. 27, 2000] shall apply until the

effective date of a standard or regulation modifying or superseding

the existing standard or regulation that 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 [42 U.S.C. 5403(a), (b)].

"(b) Contracts. - Any contract awarded pursuant to a Request for

Proposal issued before the date of the enactment of this Act [Dec.

27, 2000] shall remain in effect until the earlier of -

"(1) the expiration of the 2-year period beginning on the date

of the enactment of this Act; or

"(2) the expiration of the contract term."

-End-

-CITE-

42 USC Sec. 5402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5402. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "manufactured home construction" means all activities

relating to the assembly and manufacture of a manufactured home

including but not limited to those relating to durability,

quality, and safety;

(2) "retailer" means any person engaged in the sale, leasing,

or distribution of new manufactured homes primarily to persons

who in good faith purchase or lease a manufactured home for

purposes other than resale;

(3) "defect" includes any defect in the performance,

construction, components, or material of a manufactured home that

renders the home or any part thereof not fit for the ordinary use

for which it was intended;

(4) "distributor" means any person engaged in the sale and

distribution of manufactured homes for resale;

(5) "manufacturer" means any person engaged in manufacturing or

assembling manufactured homes, including any person engaged in

importing manufactured homes for resale;

(6) "manufactured home" means a structure, transportable in one

or more sections, which, in the traveling mode, is eight body

feet or more in width or forty body feet or more in length, or,

when erected on site, is three hundred twenty or more square

feet, and which is built on a permanent chassis and designed to

be used as a dwelling with or without a permanent foundation when

connected to the required utilities, and includes the plumbing,

heating, air-conditioning, and electrical systems contained

therein; except that such term shall include any structure which

meets all the requirements of this paragraph except the size

requirements and with respect to which the manufacturer

voluntarily files a certification required by the Secretary and

complies with the standards established under this chapter; and

except that such term shall not include any self-propelled

recreational vehicle;

(7) "Federal manufactured home construction and safety

standard" means a reasonable standard for the construction,

design, and performance of a manufactured home which meets the

needs of the public including the need for quality, durability,

and safety;

(8) "manufactured home safety" means the performance of a

manufactured home in such a manner that the public is protected

against any unreasonable risk of the occurrence of accidents due

to the design or construction of such manufactured home, or any

unreasonable risk of death or injury to the user or to the public

if such accidents do occur;

(9) "imminent safety hazard" means an imminent and unreasonable

risk of death or severe personal injury;

(10) "purchaser" means the first person purchasing a

manufactured home in good faith for purposes other than resale;

(11) "Secretary" means the Secretary of Housing and Urban

Development;

(12) "State" includes each of the several States, the District

of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, the Canal Zone, and American Samoa;

(13) "United States district courts" means the Federal district

courts of the United States and the United States courts of the

Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal

Zone, and American Samoa;

(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 5403(a)(3) of this title;

(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" 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 5422 of

this title, in accordance with regulations promulgated under this

chapter, giving due consideration to the recommendations of the

consensus committee under section 5403(b) of this title, which

process shall be for the purpose of ensuring that the primary

inspection agencies are discharging their duties under this

chapter; 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 hereunder, including the

inspection of homes in the plant.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 603, Aug. 22, 1974, 88 Stat. 700;

Pub. L. 96-399, title III, Sec. 308(c)(4), (d), Oct. 8, 1980, 94

Stat. 1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981,

95 Stat. 417; Pub. L. 105-276, title V, Sec. 599A(a), Oct. 21,

1998, 112 Stat. 2660; Pub. L. 106-569, title VI, Sec. 603(a), Dec.

27, 2000, 114 Stat. 2998.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in pars. (12) and (13),

see section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

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.

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-569, Sec. 603(a)(1), substituted

"retailer" for "dealer".

Pars. (14) to (21). Pub. L. 106-569, Sec. 603(a)(2)-(4), added

pars. (14) to (21).

1998 - Par. (6). Pub. L. 105-276 inserted before semicolon at end

"; and except that such term shall not include any self-propelled

recreational vehicle".

1980 - Pars. (1), (2), (3). Pub. L. 96-399, Sec. 308(c)(4),

substituted "manufactured home" for "mobile home" wherever

appearing.

Par. (6). Pub. L. 96-399, Sec. 308(c)(4), (d), substituted

"manufactured home" for "mobile home", substituted "in the

traveling mode, is eight body feet or more in width or forty body

feet or more in length, or, when erected on site, is three hundred

twenty or more square feet" for "is eight body feet or more in

width and is thirty-two body feet or more in length", and inserted

exception relating to inclusion of any structure meeting all

requirements of this paragraph except size and with respect to

which a certification is voluntarily filed and standards complied

with.

Pars. (7), (8), (10). Pub. L. 96-399, Sec. 308(c)(4), substituted

"manufactured home" for "mobile home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-276, title V, Sec. 599A(b), Oct. 21, 1998, 112 Stat.

2660, provided that: "The amendment made by this section [amending

this section] is made on, and shall apply beginning upon, the date

of the enactment of this Act [Oct. 21, 1998]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1701j-3,

1735f-7a, 3802; title 15 section 78c.

-End-

-CITE-

42 USC Sec. 5403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5403. Construction and safety standards

-STATUTE-

(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 chapter; and

(iii) be performance-based and objectively stated, unless

clearly inappropriate; and

(B) except as provided in subsection (b) of this section,

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 December 27, 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 403

of title 41), 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 chapter.

(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, in accordance with this

chapter -

(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 subsection

(b) of this section;

(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; and

(iv) be deemed to be an advisory committee not composed of

Federal employees.

(B) Membership

The consensus committee shall be composed of -

(i) twenty-one voting members appointed by the Secretary,

after consideration of the recommendations of the

administering organization, from among individuals who are

qualified by background and experience to participate in the

work of the consensus committee; and

(ii) one 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 any individual recommended 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 organizations, recognized consumer leaders, and

owners who are residents of manufactured homes.

(iii) General interest and public officials

Seven general interest and public official members.

(E) Balancing of interests

(i) In general

In order to achieve a proper balance of interests on the

consensus committee, the Secretary, in appointing the members

of the consensus committee -

(I) shall ensure that all directly and materially

affected interests have the opportunity for fair and

equitable participation without dominance by any single

interest; and

(II) may reject the appointment of any one or more

individuals in order to ensure that there is not dominance

by any single interest.

(ii) Dominance defined

In this subparagraph, the term "dominance" means a position

or exercise of dominant authority, leadership, or influence

by reason of superior leverage, strength, or representation.

(F) Additional qualifications

(i) Financial independence

No individual appointed under subparagraph (D)(ii) shall

have, and three of the individuals appointed under

subparagraph (D)(iii) shall not have -

(I) a significant financial interest in any segment of

the manufactured housing industry; or

(II) a significant relationship to any person engaged in

the manufactured housing industry.

(ii) Post-employment ban

Each individual described in clause (i) shall be subject to

a ban disallowing compensation from the manufactured housing

industry during the period of, and during the 1-year

following, the membership of the individual on the consensus

committee.

(G) Meetings

(i) Notice; open to public

The consensus committee shall provide advance notice of

each meeting of the consensus committee to the Secretary and

cause to be published in the Federal Register advance notice

of each such meeting. All meetings of the consensus committee

shall be open to the public.

(ii) Reimbursement

Members of the consensus committee in attendance at

meetings of the consensus committee shall be reimbursed for

their actual expenses as authorized by section 5703 of title

5 for persons employed intermittently in Government service.

(H) Administration

The consensus committee and the administering organization

shall -

(i) operate in conformance with the procedures established

by the American National Standards Institute for the

development and coordination of American National Standards;

and

(ii) apply to the American National Standards Institute and

take such other actions as may be necessary to obtain

accreditation from the American National Standards Institute.

(I) Staff and technical support

The administering organization shall, upon the request of the

consensus committee -

(i) provide reasonable staff resources to the consensus

committee; and

(ii) furnish technical support in a timely manner to any of

the interest categories described in subparagraph (D)

represented on the consensus committee, if -

(I) the support is necessary to ensure the informed

participation of the consensus committee members; and

(II) the costs of providing the support are reasonable.

(J) Date of initial appointments

The initial appointments of all the members of the consensus

committee shall be completed not later than 90 days after the

date on which a contractual agreement under paragraph (2)(A) is

entered into with the administering organization.

(4) Revisions of standards

(A) In general

Beginning on the date on which all members of the consensus

committee are appointed under paragraph (3), the consensus

committee shall, not less than once during each 2-year period -

(i) consider revisions to the Federal manufactured home

construction and safety standards; and

(ii) submit proposed revised standards, if approved in a

vote of the consensus committee by two-thirds of the members,

to the Secretary in the form of a proposed rule, including an

economic analysis.

(B) Publication of proposed revised standards

(i) Publication by the Secretary

The consensus committee shall provide a proposed revised

standard under subparagraph (A)(ii) to the Secretary who

shall, not later than 30 days after receipt, cause such

proposed revised standard to be published in the Federal

Register for notice and comment in accordance with section

553 of title 5. Unless clause (ii) applies, the Secretary

shall provide an opportunity for public comment on such

proposed revised standard in accordance with such section 553

and any such comments shall be submitted directly to the

consensus committee, without delay.

(ii) Publication of rejected proposed revised standards

If the Secretary rejects the proposed revised standard, the

Secretary shall cause to be published in the Federal Register

the rejected proposed revised standard, the reasons for

rejection, and any recommended modifications set forth.

(C) Presentation of public comments; publication of recommended

revisions

(i) Presentation

Any public comments, views, and objections to a proposed

revised standard published under subparagraph (B) shall be

presented by the Secretary to the consensus committee upon

their receipt and in the manner received, in accordance with

procedures established by the American National Standards

Institute.

(ii) Publication by the Secretary

The consensus committee shall provide to the Secretary any

revision proposed by the consensus committee, which the

Secretary shall, not later than 30 calendar days after

receipt, cause to be published in the Federal Register a

notice of the recommended revisions of the consensus

committee to the standards, a notice of the submission of the

recommended revisions to the Secretary, and a description of

the circumstances under which the proposed revised standards

could become effective.

(iii) Publication of rejected proposed revised standards

If the Secretary rejects the proposed revised standard, the

Secretary shall cause to be published in the Federal Register

the rejected proposed revised standard, the reasons for

rejection, and any recommended modifications set forth.

(5) Review by the Secretary

(A) In general

The Secretary shall either adopt, modify, or reject a

standard, as submitted by the consensus committee under

paragraph (4)(A).

(B) Timing

Not later than 12 months after the date on which a standard

is submitted to the Secretary by the consensus committee, the

Secretary shall take action regarding such standard under

subparagraph (C).

(C) Procedures

If the Secretary -

(i) adopts a standard recommended by the consensus

committee, the Secretary shall -

(I) issue a final order without further rulemaking; and

(II) cause the final order to be published in the Federal

Register;

(ii) determines that any standard should be rejected, the

Secretary shall -

(I) reject the standard; and

(II) cause to be published in the Federal Register a

notice to that effect, together with the reason or reasons

for rejecting the proposed standard; or

(iii) determines that a standard recommended by the

consensus committee should be modified, the Secretary shall -

(I) cause to be published in the Federal Register the

proposed modified standard, together with an explanation of

the reason or reasons for the determination of the

Secretary; and

(II) provide an opportunity for public comment in

accordance with section 553 of title 5.

(D) Final order

Any final standard under this paragraph shall become

effective pursuant to subsection (c) of this section.

(6) Failure to act

If the Secretary fails to take final action under paragraph (5)

and to cause notice of the action to be published in the Federal

Register before the expiration of the 12-month period beginning

on the date on which the proposed revised standard is submitted

to the Secretary under paragraph (4)(A) -

(A) the Secretary shall appear in person before the

appropriate housing and appropriations subcommittees and

committees of the House of Representatives and the Senate

(referred to in this paragraph as the "committees") on a date

or dates to be specified by the committees, but in no event

later than 30 days after the expiration of that 12-month

period, and shall state before the committees the reasons for

failing to take final action as required under paragraph (5);

and

(B) if the Secretary does not appear in person as required

under subparagraph (A), the Secretary shall thereafter, and

until such time as the Secretary does appear as required under

subparagraph (A), be prohibited from expending any funds

collected under authority of this title in an amount greater

than that collected and expended in the fiscal year immediately

preceding December 27, 2000, indexed for inflation as

determined by the Congressional Budget Office.

(b) Other orders

(1) Regulations

The Secretary may issue procedural and enforcement regulations

and revisions to existing regulations as necessary to implement

the provisions of this chapter. The consensus committee may

submit to the Secretary proposed procedural and enforcement

regulations and recommendations for the revision of such

regulations.

(2) Interpretative bulletins

The Secretary may issue interpretative bulletins to clarify the

meaning of any Federal manufactured home construction and safety

standard or procedural and enforcement regulation. The consensus

committee may submit to the Secretary proposed interpretative

bulletins to clarify the meaning of any Federal manufactured home

construction and safety standard or procedural and enforcement

regulation.

(3) Review by consensus committee

Before issuing a procedural or enforcement regulation or an

interpretative bulletin -

(A) the Secretary shall -

(i) submit the proposed procedural or enforcement

regulation or interpretative bulletin to the consensus

committee; and

(ii) provide the consensus committee with a period of 120

days to submit written comments to the Secretary on the

proposed procedural or enforcement regulation or the

interpretative bulletin; and

(B) if the Secretary rejects any significant comment provided

by the consensus committee under subparagraph (A), the

Secretary shall provide a written explanation of the reasons

for the rejection to the consensus committee; and

(C) following compliance with subparagraphs (A) and (B), the

Secretary shall -

(i) cause the proposed regulation or interpretative

bulletin and the consensus committee's written comments,

along with the Secretary's response thereto, to be published

in the Federal Register; and

(ii) provide an opportunity for public comment in

accordance with section 553 of title 5.

(4) Required action

Not later than 120 days after the date on which the Secretary

receives a proposed regulation or interpretative bulletin

submitted by the consensus committee, the Secretary shall -

(A) approve the proposal and cause the proposed regulation or

interpretative bulletin to be published for public comment in

accordance with section 553 of title 5; or

(B) reject the proposed regulation or interpretative bulletin

and -

(i) provide to the consensus committee a written

explanation of the reasons for rejection; and

(ii) cause to be published in the Federal Register the

rejected proposed regulation or interpretive bulletin, the

reasons for rejection, and any recommended modifications set

forth.

(5) Authority to act and emergency

If the Secretary determines, in writing, that such action is

necessary to address an issue on which the Secretary determines

that the consensus committee has not made a timely recommendation

following a request by the Secretary, or in order to respond to

an emergency that jeopardizes the public health or safety, the

Secretary may issue an order that is not developed under the

procedures set forth in subsection (a) of this section or in this

subsection, if the Secretary -

(A) provides to the consensus committee a written description

and sets forth the reasons why action is necessary and all

supporting documentation; and

(B) issues the order after notice and an opportunity for

public comment in accordance with section 553 of title 5, and

causes the order to be published in the Federal Register.

(6) Changes

Any statement of policies, practices, or procedures relating to

construction and safety standards, regulations, inspections,

monitoring, or other enforcement activities that constitutes a

statement of general or particular applicability to implement,

interpret, or prescribe law or policy by the Secretary is subject

to subsection (a) of this section or this subsection. Any change

adopted in violation of subsection (a) of this section or this

subsection is void.

(7) Transition

Until the date on which the consensus committee is appointed

pursuant to subsection (a)(3) of this section, the Secretary may

issue proposed orders, pursuant to notice and comment in

accordance with section 553 of title 5 that are not developed

under the procedures set forth in this section for new and

revised standards.

(c) Effective date of orders establishing standards

Each order establishing a Federal manufactured home construction

and safety standard shall specify the date such standard is to take

effect, which shall not be sooner than one hundred and eighty days

or later than one year after the date such order is issued, unless

the Secretary finds, for good cause shown, that an earlier or later

effective date is in the public interest, and publishes his reasons

for such finding.

(d) Supremacy of Federal standards

Whenever a Federal manufactured home construction and safety

standard established under this chapter is in effect, no State or

political subdivision of a State shall have any authority either to

establish, or to continue in effect, with respect to any

manufactured home covered, any standard regarding the construction

or safety applicable to the same aspect of performance of such

manufactured home which is not identical to the Federal

manufactured home construction and safety standard. Federal

preemption under this subsection shall be broadly and liberally

construed to ensure that disparate State or local requirements or

standards do not affect the uniformity and comprehensiveness of the

standards promulgated under this section nor the Federal

superintendence of the manufactured housing industry as established

by this chapter. Subject to section 5404 of this title, there is

reserved to each State the right to establish standards for the

stabilizing and support systems of manufactured homes sited within

that State, and for the foundations on which manufactured homes

sited within that State are installed, and the right to enforce

compliance with such standards, except that such standards shall be

consistent with the purposes of this chapter and shall be

consistent with the design of the manufacturer.

(e) Considerations in establishing and interpreting standards and

regulations

The consensus committee, in recommending standards, regulations,

and interpretations, and the Secretary, in establishing standards

or regulations or issuing interpretations under this section, shall

-

(1) consider relevant available manufactured home construction

and safety data, including the results of the research,

development, testing, and evaluation activities conducted

pursuant to this chapter, and those activities conducted by

private organizations and other governmental agencies to

determine how to best protect the public;

(2) consult with such State or interstate agencies (including

legislative committees) as he deems appropriate;

(3) consider whether any such proposed standard is reasonable

for the particular type of manufactured home or for the

geographic region for which it is prescribed;

(4) consider the probable effect of such standard on the cost

of the manufactured home to the public; and

(5) consider the extent to which any such standard will

contribute to carrying out the purposes of this chapter.

(f) Coverage; exclusion

The Secretary shall exclude from the coverage of this chapter any

structure which the manufacturer certifies, in a form prescribed by

the Secretary, to be:

(1) designed only for erection or installation on a site-built

permanent foundation;

(2) not designed to be moved once so erected or installed;

(3) designed and manufactured to comply with a nationally

recognized model building code or an equivalent local code, or

with a State or local modular building code recognized as

generally equivalent to building codes for site-built housing, or

with minimum property standards adopted by the Secretary pursuant

to title II of the National Housing Act [12 U.S.C. 1707 et seq.];

and

(4) to the manufacturer's knowledge is not intended to be used

other than on a site-built permanent foundation.

(g) Manufactured housing construction and safety standards

(1) The Federal manufactured home construction and safety

standards established by the Secretary under this section shall

include preemptive energy conservation standards in accordance with

this subsection.

(2) The energy conservation standards established under this

subsection shall be cost-effective energy conservation performance

standards designed to ensure the lowest total of construction and

operating costs.

(3) The energy conservation standards established under this

subsection shall take into consideration the design and factory

construction techniques of manufactured homes and shall provide for

alternative practices that result in net estimated energy

consumption equal to or less than the specified standards.

(h) New performance standards for hardboard siding

The Secretary shall develop a new standard for hardboard panel

siding on manufactured housing taking into account durability,

longevity, consumer's costs for maintenance and any other relevant

information pursuant to subsection (e) of this section. The

Secretary shall consult with the National Manufactured Home

Advisory Council and the National Commission on Manufactured

Housing in establishing the new standard. The new performance

standard developed shall ensure the durability of hardboard sidings

for at least a normal life of a mortgage with minimum maintenance

required. Not later than 180 days from October 28, 1992, the

Secretary shall update the standards for hardboard siding.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 604, Aug. 22, 1974, 88 Stat. 701;

Pub. L. 95-128, title IX, Sec. 902(a), Oct. 12, 1977, 91 Stat.

1149; Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94

Stat. 1641; Pub. L. 98-479, title II, Sec. 204(l), Oct. 17, 1984,

98 Stat. 2233; Pub. L. 100-242, title V, Sec. 568, Feb. 5, 1988,

101 Stat. 1948; Pub. L. 102-550, title IX, Sec. 907, Oct. 28, 1992,

106 Stat. 3873; Pub. L. 106-569, title VI, Sec. 604, Dec. 27, 2000,

114 Stat. 2999.)

-REFTEXT-

REFERENCES IN TEXT

The National Housing Act, referred to in subsec. (f)(3), is act

June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of the

National Housing Act is classified principally to subchapter II

(Sec. 1707 et seq.) of chapter 13 of Title 12, Banks and Banking.

For complete classification of this Act to the Code, see section

1701 of Title 12 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-569, Sec. 604(1), added subsec.

(a) and struck out former subsec. (a) which read as follows: "The

Secretary, after consultation with the Consumer Product Safety

Commission, shall establish by order appropriate Federal

manufactured home construction and safety standards. Each such

Federal manufactured home standard shall be reasonable and shall

meet the highest standards of protection, taking into account

existing State and local laws relating to manufactured home safety

and construction."

Subsec. (b). Pub. L. 106-569, Sec. 604(1), added subsec. (b) and

struck out former subsec. (b) which read as follows: "All orders

issued under this section shall be issued after notice and an

opportunity for interested persons to participate are provided in

accordance with the provisions of section 553 of title 5."

Subsec. (d). Pub. L. 106-569, Sec. 604(2), inserted at end

"Federal preemption under this subsection shall be broadly and

liberally construed to ensure that disparate State or local

requirements or standards do not affect the uniformity and

comprehensiveness of the standards promulgated under this section

nor the Federal superintendence of the manufactured housing

industry as established by this chapter. Subject to section 5404 of

this title, there is reserved to each State the right to establish

standards for the stabilizing and support systems of manufactured

homes sited within that State, and for the foundations on which

manufactured homes sited within that State are installed, and the

right to enforce compliance with such standards, except that such

standards shall be consistent with the purposes of this chapter and

shall be consistent with the design of the manufacturer."

Subsec. (e). Pub. L. 106-569, Sec. 604(3), (4), redesignated

subsec. (f) as (e), inserted heading, substituted "The consensus

committee, in recommending standards, regulations, and

interpretations, and the Secretary, in establishing standards or

regulations or issuing interpretations under this section, shall -

" for "In establishing standards under this section, the Secretary

shall - " in introductory provisions, and struck out former subsec.

(e) which read as follows: "The Secretary may by order amend or

revoke any Federal manufactured home construction or safety

standard established under this section. Such order shall specify

the date on which such amendment or revocation is to take effect,

which shall not be sooner than one hundred and eighty days or later

than one year from the date the order is issued, unless the

Secretary finds, for good cause shown, that an earlier or later

date is in the public interest, and publishes his reasons for such

finding."

Subsec. (f). Pub. L. 106-569, Sec. 604(7), redesignated subsec.

(h) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 106-569, Sec. 604(5), (7), redesignated

subsec. (i) as (g) and struck out former subsec. (g) which read as

follows: "The Secretary shall issue an order establishing initial

Federal manufactured home construction and safety standards not

later than one year after August 22, 1974."

Subsec. (h). Pub. L. 106-569, Sec. 604(7), redesignated subsec.

(j) as (h). Former subsec. (h) redesignated (f).

Subsec. (i). Pub. L. 106-569, Sec. 604(7), redesignated subsec.

(i) as (g).

Subsec. (j). Pub. L. 106-569, Sec. 604(6), (7), substituted

"subsection (e) of this section" for "subsection (f) of this

section" and redesignated subsec. (j) as (h).

1992 - Subsec. (j). Pub. L. 102-550 added subsec. (j).

1988 - Subsec. (i). Pub. L. 100-242 added subsec. (i).

1984 - Subsec. (e). Pub. L. 98-479 substituted "that" for "than"

before "an earlier or later date".

1980 - Subsecs. (a), (c) to (g). Pub. L. 96-399 substituted

"manufactured home" for "mobile home" wherever appearing.

1977 - Subsec. (h). Pub. L. 95-128 added subsec. (h).

EFFECTIVE DATE OF 2000 AMENDMENT

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.

EXCEPTION TO FEDERAL PREEMPTION FOR THERMAL INSULATION AND ENERGY

EFFICIENCY STANDARDS

Pub. L. 102-486, title I, Sec. 104(c), Oct. 24, 1992, 106 Stat.

2792, provided that: "If the Secretary of Housing and Urban

Development has not issued, within 1 year after the date of the

enactment of this Act [Oct. 24, 1992], final regulations pursuant

to section 604 of the National Manufactured Housing Construction

and Safety Standards Act of 1974 (42 U.S.C. 5403) that establish

thermal insulation and energy efficiency standards for manufactured

housing that take effect before January 1, 1995, then States may

establish thermal insulation and energy efficiency standards for

manufactured housing if such standards are at least as stringent as

thermal performance standards for manufactured housing contained in

the Second Public Review Draft of BSR/ASHRAE 90.2P entitled 'Energy

Efficient Design of Low-Rise Residential Buildings' and all public

reviews of Independent Substantive Changes to such document that

have been approved on or before the date of the enactment of this

Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5402, 5404, 5405, 5406,

5409, 5414, 5419, 5420, 5422 of this title; title 12 section 1703.

-End-

-CITE-

42 USC Sec. 5404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5404. Manufactured home installation

-STATUTE-

(a) Provision of installation design and instructions

A manufacturer shall provide with each manufactured home, design

and instructions for the installation of the manufactured home that

have been approved by a design approval primary inspection agency.

After establishment of model standards under subsection (b)(2) of

this section, a design approval primary inspection agency may not

give such approval unless a design and instruction provides equal

or greater protection than the protection provided under such model

standards.

(b) Model manufactured home installation standards

(1) Proposed model standards

Not later than 18 months after the date on which the initial

appointments of all the members of the consensus committee are

completed, the consensus committee shall develop and submit to

the Secretary proposed model manufactured home installation

standards, which shall, to the maximum extent practicable, taking

into account the factors described in section 5403(e) of this

title, be consistent with -

(A) the manufactured home designs that have been approved by

a design approval primary inspection agency; and

(B) the designs and instructions for the installation of

manufactured homes provided by manufacturers under subsection

(a) of this section.

(2) Establishment of model standards

Not later than 12 months after receiving the proposed model

standards submitted under paragraph (1), the Secretary shall

develop and establish model manufactured home installation

standards, which shall, to the maximum extent practicable, taking

into account the factors described in section 5403(e) of this

title, be consistent with -

(A) the manufactured home designs that have been approved by

a design approval primary inspection agency; and

(B) the designs and instructions for the installation of

manufactured homes provided by manufacturers under subsection

(a) of this section.

(3) Factors for consideration

(A) Consensus committee

In developing the proposed model standards under paragraph

(1), the consensus committee shall consider the factors

described in section 5403(e) of this title.

(B) Secretary

In developing and establishing the model standards under

paragraph (2), the Secretary shall consider the factors

described in section 5403(e) of this title.

(4) Issuance

The model manufactured home installation standards shall be

issued after notice and an opportunity for public comment in

accordance with section 553 of title 5.

(c) Manufactured home installation programs

(1) Protection of manufactured housing residents during initial

period

During the 5-year period beginning on December 27, 2000, no

State or manufacturer may establish or implement any installation

standards that, in the determination of the Secretary, provide

less protection to the residents of manufactured homes than the

protection provided by the installation standards in effect with

respect to the State or manufacturer, as applicable, on December

27, 2000.

(2) Installation standards

(A) Establishment of installation program

Not later than the expiration of the 5-year period described

in paragraph (1), the Secretary shall establish an installation

program that meets the requirements of paragraph (3) for the

enforcement of installation standards in each State described

in subparagraph (B) of this paragraph.

(B) Implementation of installation program

Beginning on the expiration of the 5-year period described in

paragraph (1), the Secretary shall implement the installation

program established under subparagraph (A) in each State that

does not have an installation program established by State law

that meets the requirements of paragraph (3).

(C) Contracting out of implementation

In carrying out subparagraph (B), the Secretary may contract

with an appropriate agent to implement the installation program

established under that subparagraph, except that such agent

shall not be a person or entity other than a government, nor an

affiliate or subsidiary of such a person or entity, that has

entered into a contract with the Secretary to implement any

other regulatory program under this chapter.

(3) Requirements

An installation program meets the requirements of this

paragraph if it is a program regulating the installation of

manufactured homes that includes -

(A) installation standards that, in the determination of the

Secretary, provide protection to the residents of manufactured

homes that equals or exceeds the protection provided to those

residents by -

(i) the model manufactured home installation standards

established by the Secretary under subsection (b)(2) of this

section; or

(ii) the designs and instructions provided by manufacturers

under subsection (a) of this section, if the Secretary

determines that such designs and instructions provide

protection to the residents of manufactured homes that equals

or exceeds the protection provided by the model manufactured

home installation standards established by the Secretary

under subsection (b)(2) of this section;

(B) the training and licensing of manufactured home

installers; and

(C) inspection of the installation of manufactured homes.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 605, Aug. 22, 1974, 88 Stat. 702;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 106-569, title VI, Sec. 605(a), Dec. 27, 2000, 114

Stat. 3006.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-569 amended section catchline and text

generally, substituting provisions relating to manufactured home

installation for provisions relating to National Manufactured Home

Advisory Council.

1980 - Subsecs. (a) to (c). Pub. L. 96-399 substituted

"Manufactured Home" for "Mobile Home" and "manufactured home" for

"mobile home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5403, 5409, 5419, 5422 of

this title.

-End-

-CITE-

42 USC Sec. 5405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5405. Judicial review of orders establishing standards;

petition; additional evidence before Secretary; certified copy of

transcript

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 606, Aug. 22, 1974, 88 Stat. 702.)

-End-

-CITE-

42 USC Sec. 5406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5406. Submission of cost or other information by manufacturer

-STATUTE-

(a) Purpose of submission; detail of information

Whenever any manufacturer is opposed to any action of the

Secretary under section 5403 of this title or under any other

provision of this chapter on the grounds of increased cost or for

other reasons, the manufacturer shall submit to the Secretary such

cost and other information (in such detail as the Secretary may by

rule or order prescribe) as may be necessary in order to properly

evaluate the manufacturer's statement. The Secretary shall submit

such cost and other information to the consensus committee for

evaluation.

(b) Conditions upon availability to public of submitted information

Such information shall be available to the public unless the

manufacturer establishes that it contains a trade secret or that

disclosure of any portion of such information would put the

manufacturer at a substantial competitive disadvantage. Notice of

the availability of such information shall be published promptly in

the Federal Register. If the Secretary determines that any portion

of such information contains a trade secret or that the disclosure

of any portion of such information would put the manufacturer at a

substantial competitive disadvantage, such portion may be disclosed

to the public only in such manner as to preserve the

confidentiality of such trade secret or in such combined or summary

form so as not to disclose the identity of any individual

manufacturer, except that any such information may be disclosed to

other officers or employees concerned with carrying out this

chapter or when relevant in any proceeding under this chapter.

Nothing in this subsection shall authorize the withholding of

information by the Secretary or any officer or employee under his

control from the duly authorized committees of the Congress.

(c) "Cost information" defined

For purposes of this section, "cost information" means

information with respect to alleged cost increases resulting from

action by the Secretary, in such a form as to permit the public,

the consensus committee, and the Secretary to make an informed

judgment on the validity of the manufacturer's statements. Such

term includes both the manufacturer's cost and the cost to retail

purchasers.

(d) Power of Secretary to obtain or require submission of

information under other provisions unaffected

Nothing in this section shall be construed to restrict the

authority of the Secretary to obtain or require submission of

information under any other provision of this chapter.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 607, Aug. 22, 1974, 88 Stat. 703;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 106-569, title VI, Sec. 606, Dec. 27, 2000, 114 Stat.

3009.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-569, Sec. 606(1), inserted "to

the Secretary" after "manufacturer shall submit" and inserted at

end "The Secretary shall submit such cost and other information to

the consensus committee for evaluation."

Subsec. (c). Pub. L. 106-569, Sec. 606(3), redesignated subsec.

(d) as (c) and struck out former subsec. (c) which read as follows:

"If the Secretary proposes to establish, amend, or revoke a Federal

manufactured home construction and safety standard under section

5403 of this title on the basis of information submitted pursuant

to subsection (a) of this section, he shall publish a notice of

such proposed action, together with the reasons therefor, in the

Federal Register at least thirty days in advance of making a final

determination, in order to allow interested parties an opportunity

to comment."

Subsec. (d). Pub. L. 106-569, Sec. 606(3), redesignated subsec.

(e) as (d). Former subsec. (d) redesignated (c).

Pub. L. 106-569, Sec. 606(2), inserted ", the consensus

committee," after "permit the public".

Subsec. (e). Pub. L. 106-569, Sec. 606(3), redesignated subsec.

(e) as (d).

1980 - Subsec. (c). Pub. L. 96-399 substituted "manufactured

home" for "mobile home".

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-End-

-CITE-

42 USC Sec. 5407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5407. Research, testing, development, and training by

Secretary

-STATUTE-

(a) Scope

The Secretary shall conduct research, testing, development, and

training necessary to carry out the purposes of this chapter,

including, but not limited to -

(1) collecting data from any source for the purpose of

determining the relationship between manufactured home

performance characteristics and (A) accidents involving

manufactured homes, and (B) the occurrence of death, personal

injury, or damage resulting from such accidents;

(2) procuring (by negotiation or otherwise) experimental and

other manufactured homes for research and testing purposes;

(3) selling or otherwise disposing of test manufactured homes

and reimbursing the proceeds of such sale or disposal into the

current appropriation available for the purpose of carrying out

this chapter;

(4) encouraging the government-sponsored housing entities to

actively develop and implement secondary market securitization

programs for the FHA manufactured home loans and those of other

loan programs, as appropriate, thereby promoting the availability

of affordable manufactured homes to increase homeownership for

all people in the United States; and

(5) reviewing the programs for FHA manufactured home loans and

developing any changes to such programs to promote the

affordability of manufactured homes, including changes in loan

terms, amortization periods, regulations, and procedures.

(b) Contracts and grants with States, interstate agencies, and

independent institutions

The Secretary is authorized to conduct research, testing,

development, and training as authorized to be carried out by

subsection (a) of this section by contracting for or making grants

for the conduct of such research, testing, development, and

training to States, interstate agencies, and independent

institutions.

(c) Definitions

For purposes of this section, the following definitions shall

apply:

(1) Government-sponsored housing entities

The term "government-sponsored housing entities" means the

Government National Mortgage Association of the Department of

Housing and Urban Development, the Federal National Mortgage

Association, and the Federal Home Loan Mortgage Corporation.

(2) FHA manufactured home loan

The term "FHA manufactured home loan" means a loan that -

(A) is insured under title I of the National Housing Act [12

U.S.C. 1702 et seq.] and is made for the purpose of financing

alterations, repairs, or improvements on or in connection with

an existing manufactured home, the purchase of a manufactured

home, the purchase of a manufactured home and a lot on which to

place the home, or the purchase only of a lot on which to place

a manufactured home; or

(B) is otherwise insured under the National Housing Act [12

U.S.C. 1701 et seq.] and made for or in connection with a

manufactured home.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 608, Aug. 22, 1974, 88 Stat. 704;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417; Pub. L. 106-569, title VI, Sec. 607, Dec. 27, 2000, 114

Stat. 3009.)

-REFTEXT-

REFERENCES IN TEXT

The National Housing Act, referred to in subsec. (c)(2), is act

June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is

classified principally to chapter 13 (Sec. 1701 et seq.) of Title

12, Banks and Banking. Title I of the Act is classified generally

to subchapter I (Sec. 1702 et seq.) of chapter 13 of Title 12. For

complete classification of this Act to the Code, see section 1701

of Title 12 and Tables.

-COD-

CODIFICATION

References to "mobile homes", wherever appearing in subsec.

(a)(1) to (3), 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(4), (5). Pub. L. 106-569, Sec. 607(a), added

pars. (4) and (5).

Subsec. (c). Pub. L. 106-569, Sec. 607(b), added subsec. (c).

1980 - Subsec. (a)(1). Pub. L. 96-399 substituted "manufactured

home" for "mobile home".

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-End-

-CITE-

42 USC Sec. 5408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5408. Cooperation by Secretary with public and private

agencies

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 609, Aug. 22, 1974, 88 Stat. 704;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-399 substituted "manufactured home" for "mobile

home" in two places.

-End-

-CITE-

42 USC Sec. 5409 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5409. Prohibited acts; exemptions

-STATUTE-

(a) No person shall -

(1) make use of any means of transportation or communication

affecting interstate or foreign commerce or the mails to

manufacture for sale, lease, sell, offer for sale or lease, or

introduce or deliver, or import into the United States, any

manufactured home which is manufactured on or after the effective

date of any applicable Federal manufactured home construction and

safety standard under this chapter and which does not comply with

such standard, except as provided in subsection (b) of this

section, where such manufacture, lease, sale, offer for sale or

lease, introduction, delivery, or importation affects commerce;

(2) fail or refuse to permit access to or copying of records,

or fail to make reports or provide information, or fail or refuse

to permit entry or inspection, as required under section 5413 of

this title;

(3) fail to furnish notification of any defect as required by

section 5414 of this title;

(4) fail to issue a certification required by section 5415 of

this title, or issue a certification to the effect that a

manufactured home conforms to all applicable Federal manufactured

home construction and safety standards, if such person in the

exercise of due care has reason to know that such certification

is false or misleading in a material respect;

(5) fail to comply with a final order issued by the Secretary

under this chapter;

(6) issue a certification pursuant to subsection (h) of section

5403 of this title, if such person in the exercise of due care

has reason to know that such certification is false or misleading

in a material respect; or

(7) after the expiration of the period specified in section

5404(c)(2)(B) of this title, fail to comply with the requirements

for the installation program required by section 5404 of this

title in any State that has not adopted and implemented a State

installation program.

(b)(1) Paragraph (1) of subsection (a) of this section shall not

apply to the sale, the offer for sale, or the introduction or

delivery for introduction in interstate commerce of any

manufactured home after the first purchase of it in good faith for

purposes other than resale.

(2) For purposes of section 5410 of this title, paragraph (1) of

subsection (a) of this section shall not apply to any person who

establishes that he did not have reason to know in the exercise of

due care that such manufactured home is not in conformity with

applicable Federal manufactured home construction and safety

standards, or to any person who, prior to such first purchase,

holds a certificate issued by the manufacturer or importer of such

manufactured home to the effect that such manufactured home

conforms to all applicable Federal manufactured home construction

and safety standards, unless such person knows that such

manufactured home does not so conform.

(3) A manufactured home offered for importation in violation of

paragraph (1) of subsection (a) of this section shall be refused

admission into the United States under joint regulations issued by

the Secretary of the Treasury and the Secretary, except that the

Secretary of the Treasury and the Secretary may, by such

regulations, provide for authorizing the importation of such

manufactured home into the United States upon such terms and

conditions (including the furnishing of a bond) as may appear to

them appropriate to insure that any such manufactured home will be

brought into conformity with any applicable Federal manufactured

home construction or safety standard prescribed under this chapter,

or will be exported from, or forfeited to, the United States.

(4) The Secretary of the Treasury and the Secretary may, by joint

regulations, permit the importation of any manufactured home after

the first purchase of it in good faith for purposes other than

resale.

(5) Paragraph (1) of subsection (a) of this section shall not

apply in the case of a manufactured home intended solely for

export, and so labeled or tagged on the manufactured home itself

and on the outside of the container, if any, in which it is to be

exported.

(c) Compliance with any Federal manufactured home construction or

safety standard issued under this chapter does not exempt any

person from any liability under common law.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 610, Aug. 22, 1974, 88 Stat. 704;

Pub. L. 95-128, title IX, Sec. 902(b), Oct. 12, 1977, 91 Stat.

1149; Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94

Stat. 1641; Pub. L. 106-569, title VI, Sec. 608, Dec. 27, 2000, 114

Stat. 3009.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(7). Pub. L. 106-569 added par. (7).

1980 - Subsecs. (a)(1), (4), (b)(1) to (5), (c). Pub. L. 96-399

substituted "manufactured home" for "mobile home" wherever

appearing.

1977 - Subsec. (a)(6). Pub. L. 95-128 added par. (6).

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5410 of this title.

-End-

-CITE-

42 USC Sec. 5410 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5410. Civil and criminal penalties

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 611, Aug. 22, 1974, 88 Stat. 705;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-399 substituted "manufactured

home" for "mobile home".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5409, 5411, 5422 of this

title.

-End-

-CITE-

42 USC Sec. 5411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5411. Injunctive relief

-STATUTE-

(a) Jurisdiction; petition of United States attorney or Attorney

General; notice by Secretary to affected persons to present views

The United States district courts shall have jurisdiction, for

cause shown and subject to the provisions of rule 65(a) and (b) of

the Federal Rules of Civil Procedure, to restrain violations of

this chapter, or to restrain the sale, offer for sale, or the

importation into the United States, of any manufactured home which

is determined, prior to the first purchase of such manufactured

home in good faith for purposes other than resale, not to conform

to applicable Federal manufactured home construction and safety

standards prescribed pursuant to this chapter or to contain a

defect which constitutes an imminent safety hazard, upon petition

by the appropriate United States attorney or the Attorney General

on behalf of the United States. Whenever practicable, the Secretary

shall give notice to any person against whom an action for

injunctive relief is contemplated and afford him an opportunity to

present his views and the failure to give such notice and afford

such opportunity shall not preclude the granting of appropriate

relief.

(b) Criminal contempt proceedings; conduct of trial

In any proceeding for criminal contempt for violation of an

injunction or restraining order issued under this section, which

violation also constitutes a violation of this chapter, trial shall

be by the court or, upon demand of the accused, by a jury. Such

trial shall be conducted in accordance with the practice and

procedure applicable in the case of proceedings subject to the

provisions of rule 42(b) of the Federal Rules of Criminal

Procedure.

(c) Venue

Actions under subsection (a) of this section and section 5410 of

this title may be brought in the district wherein any act or

transaction constituting the violation occurred, or in the district

wherein the defendant is found or is an inhabitant or transacts

business, and process in such cases may be served in any other

district of which the defendant is an inhabitant or wherever the

defendant may be found.

(d) Subpenas

In any action brought by the United States under subsection (a)

of this section or section 5410 of this title, subpenas by the

United States for witnesses who are required to attend at United

States district court may run into any other district.

(e) Designation by manufacturer of agent for service of

administrative and judicial processes, etc.; filing and amendment

of designation; failure to make designation

It shall be the duty of every manufacturer offering a

manufactured home for importation into the United States to

designate in writing an agent upon whom service of all

administrative and judicial processes, notices, orders, decisions,

and requirements may be made for and on behalf of such

manufacturer, and to file such designation with the Secretary,

which designation may from time to time be changed by like writing,

similarly filed. Service of all administrative and judicial

processes, notices, orders, decisions, and requirements may be made

upon such manufacturer by service upon such designated agent at his

office or usual place of residence with like effect as if made

personally upon such manufacturer, and in default of such

designation of such agent, service of process or any notice, order,

requirement, or decision in any proceeding before the Secretary or

in any judicial proceeding pursuant to this chapter may be made by

mailing such process, notice, order, requirement, or decision to

the Secretary by registered or certified mail.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 612, Aug. 22, 1974, 88 Stat. 705;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641.)

-REFTEXT-

REFERENCES IN TEXT

Rule 65 of the Federal Rules of Civil Procedure, referred to in

subsec. (a), is set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

Rule 42 of the Federal Rules of Criminal Procedure, referred to

in subsec. (b), is set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

-MISC1-

AMENDMENTS

1980 - Subsecs. (a), (e). Pub. L. 96-399 substituted

"manufactured home" for "mobile home" wherever appearing.

-End-

-CITE-

42 USC Sec. 5412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5412. Noncompliance with standards or defective nature of

manufactured home; administrative or judicial determination;

repurchase by manufacturer or repair by distributor or retailer;

reimbursement of expenses, etc., by manufacturer; injunctive

relief against manufacturer for failure to comply; jurisdiction

and venue; damages; period of limitation

-STATUTE-

(a) If the Secretary or a court of appropriate jurisdiction

determines that any manufactured home does not conform to

applicable Federal manufactured home construction and safety

standards, or that it contains a defect which constitutes an

imminent safety hazard, after the sale of such manufactured home by

a manufacturer to a distributor or a retailer and prior to the sale

of such manufactured home by such distributor or retailer to a

purchaser -

(1) the manufacturer shall immediately repurchase such

manufactured home from such distributor or retailer at the price

paid by such distributor or retailer, plus all transportation

charges involved and a reasonable reimbursement of not less than

1 per centum per month of such price paid prorated from the date

of receipt by certified mail of notice of such nonconformance to

the date of repurchase by the manufacturer; or

(2) the manufacturer, at his own expense, shall immediately

furnish the purchasing distributor or retailer the required

conforming part or parts or equipment for installation by the

distributor or retailer on or in such manufactured home, and for

the installation involved the manufacturer shall reimburse such

distributor or retailer for the reasonable value of such

installation plus a reasonable reimbursement of not less than 1

per centum per month of the manufacturer's or distributor's

selling price prorated from the date of receipt by certified mail

of notice of such nonconformance to the date such vehicle is

brought into conformance with applicable Federal standards, so

long as the distributor or retailer proceeds with reasonable

diligence with the installation after the required part or

equipment is received.

The value of such reasonable reimbursements as specified in

paragraphs (1) and (2) of this subsection shall be fixed by mutual

agreement of the parties, or, failing such agreement, by the court

pursuant to the provisions of subsection (b) of this section.

(b) If any manufacturer fails to comply with the requirements of

subsection (a) of this section, then the distributor or retailer,

as the case may be, to whom such manufactured home has been sold

may bring an action seeking a court injunction compelling

compliance with such requirements on the part of such manufacturer.

Such action may be brought in any district court in the United

States in the district in which such manufacturer resides, or is

found, or has an agent, without regard to the amount in

controversy, and the person bringing the action shall also be

entitled to recover any damage sustained by him, as well as all

court costs plus reasonable attorneys' fees. Any action brought

pursuant to this section shall be forever barred unless commenced

within three years after the cause of action shall have accrued.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 613, Aug. 22, 1974, 88 Stat. 706;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 106-569, title VI, Sec. 603(b)(1), Dec. 27, 2000, 114

Stat. 2999.)

-MISC1-

AMENDMENTS

2000 - Subsecs. (a), (b). Pub. L. 106-569 substituted "retailer"

for "dealer" wherever appearing.

1980 - Subsecs. (a), (b). Pub. L. 96-399 substituted

"manufactured home" for "mobile home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-End-

-CITE-

42 USC Sec. 5413 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5413. Inspections and investigations for promulgation or

enforcement of standards or execution of other duties

-STATUTE-

(a) Authority of Secretary; results furnished to Attorney General

and Secretary of the Treasury for appropriate action

The Secretary is authorized to conduct such inspections and

investigations as may be necessary to promulgate or enforce Federal

manufactured home construction and safety standards established

under this chapter or otherwise to carry out his duties under this

chapter. He shall furnish the Attorney General and, when

appropriate, the Secretary of the Treasury any information obtained

indicating noncompliance with such standards for appropriate

action.

(b) Designation by Secretary of persons to enter and inspect

factories, etc.; presentation of credentials; reasonableness and

scope of inspection

(1) For purposes of enforcement of this chapter, persons duly

designated by the Secretary, upon presenting appropriate

credentials to the owner, operator, or agent in charge, are

authorized -

(A) to enter, at reasonable times and without advance notice,

any factory, warehouse, or establishment in which manufactured

homes are manufactured, stored, or held, for sale; and

(B) to inspect, at reasonable times and within reasonable

limits and in a reasonable manner, any such factory, warehouse,

or establishment, and to inspect such books, papers, records, and

documents as are set forth in subsection (c) of this section.

Each such inspection shall be commenced and completed with

reasonable promptness.

(2) The Secretary is authorized to contract with State and local

governments and private inspection organizations to carry out his

functions under this subsection.

(c) Powers of Secretary

For the purpose of carrying out the provisions of this chapter,

the Secretary is authorized -

(1) to hold such hearings, take such testimony, sit and act at

such times and places, administer such oaths, and require, by

subpena or otherwise, the attendance and testimony of such

witnesses and the production of such books, papers,

correspondence, memorandums, contracts, agreements, or other

records, as the Secretary or such officer or employee deems

advisable. Witnesses summoned pursuant to this subsection shall

be paid the same fees and mileage that are paid witnesses in the

courts of the United States;

(2) to examine and copy any documentary evidence of any person

having materials or information relevant to any function of the

Secretary under this chapter;

(3) to require, by general or special orders, any person to

file, in such form as the Secretary may prescribe, reports or

answers in writing to specific questions relating to any function

of the Secretary under this chapter. Such reports and answers

shall be made under oath or otherwise, and shall be filed with

the Secretary within such reasonable period as the Secretary may

prescribe;

(4) to request from any Federal agency any information he deems

necessary to carry out his functions under this chapter, and each

such agency is authorized and directed to cooperate with the

Secretary and to furnish such information upon request made by

the Secretary, and the head of any Federal agency is authorized

to detail, on a reimbursable basis, any personnel of such agency

to assist in carrying out the duties of the Secretary under this

chapter; and

(5) to make available to the public any information which may

indicate the existence of a defect which relates to manufactured

home construction or safety or of the failure of a manufactured

home to comply with applicable manufactured home construction and

safety standards. The Secretary shall disclose so much of other

information obtained under this subsection to the public as he

determines will assist in carrying out this chapter; but he shall

not (under the authority of this sentence) make available or

disclosure to the public any information which contains or

relates to a trade secret or any information the disclosure of

which would put the person furnishing such information at a

substantial competitive disadvantage, unless he determines that

it is necessary to carry out the purpose of this chapter.

(d) Refusal to obey subpena or order of Secretary; order of

compliance by district court; failure to obey order of compliance

punishable as contempt

Any of the district courts of the United States within the

jurisdiction of which an inquiry is carried on may, in the case of

contumacy or refusal to obey a subpena or order of the Secretary

issued under paragraph (1) or paragraph (3) of subsection (c) of

this section, issue an order requiring compliance therewith; and

any failure to obey such order of the court may be punished by such

court as a contempt thereof.

(e) Submission by manufacturer of building plans for manufactured

homes; certification by manufacturer of conformity of building

plans to standards

Each manufacturer of manufactured homes shall submit the building

plans for every model of such manufactured homes to the Secretary

or his designee for the purpose of inspection under this section.

The manufacturer must certify that each such building plan meets

the Federal construction and safety standards in force at that time

before the model involved is produced.

(f) Records, reports and information from manufacturers,

distributors and retailers of manufactured homes; inspection and

examination of relevant books, papers, records and documents by

designated person

Each manufacturer, distributor, and retailer of manufactured

homes shall establish and maintain such records, make such reports,

and provide such information as the Secretary may reasonably

require to enable him to determine whether such manufacturer,

distributor, or retailer has acted or is acting in compliance with

this chapter and Federal manufactured home construction and safety

standards prescribed pursuant to this chapter and shall, upon

request of a person duly designated by the Secretary, permit such

person to inspect appropriate books, papers, records, and documents

relevant to determining whether such manufacturer, distributor, or

retailer has acted or is acting in compliance with this chapter and

manufactured home construction and safety standards prescribed

pursuant to this chapter.

(g) Performance and technical data from manufacturer; persons

required to receive notification of data

Each manufacturer of manufactured homes shall provide to the

Secretary such performance data and other technical data related to

performance and safety as may be required to carry out the purposes

of this chapter. These shall include records of tests and test

results which the Secretary may require to be performed. The

Secretary is authorized to require the manufacturer to give

notification of such performance and technical data to -

(1) each prospective purchaser of a manufactured home before

its first sale for purposes other than resale, at each location

where any such manufacturer's manufactured homes are offered for

sale by a person with whom such manufacturer has a contractual,

proprietary, or other legal relationship and in a manner

determined by the Secretary to be appropriate, which may include,

but is not limited to, printed matter (A) available for retention

by such prospective purchaser, and (B) sent by mail to such

prospective purchaser upon his request; and

(2) the first person who purchases a manufactured home for

purposes other than resale, at the time of such purchase or in

printed matter placed in the manufactured home.

(h) Disclosure of confidential information and trade secrets

All information reported to or otherwise obtained by the

Secretary or his representative pursuant to subsection (b), (c),

(f), or (g) of this section which contains or relates to a trade

secret, or which, if disclosed, would put the person furnishing

such information at a substantial competitive disadvantage, shall

be considered confidential, except that such information may be

disclosed to other officers or employees concerned with carrying

out this chapter or when relevant in any proceeding under this

chapter. Nothing in this section shall authorize the withholding of

information by the Secretary or any officer or employee under his

control from the duly authorized committees of the Congress.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 614, Aug. 22, 1974, 88 Stat. 707;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417; Pub. L. 106-569, title VI, Sec. 603(b)(2), Dec. 27,

2000, 114 Stat. 2999.)

-COD-

CODIFICATION

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.

-MISC1-

AMENDMENTS

2000 - Subsec. (f). Pub. L. 106-569 substituted "retailer" for

"dealer" wherever appearing.

1980 - Subsecs. (a), (c)(5), (f), (g). Pub. L. 96-399 substituted

"manufactured home" for "mobile home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5409, 5414, 5422 of this

title.

-End-

-CITE-

42 USC Sec. 5414 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5414. Notification and correction of defects by manufacturer

-STATUTE-

(a) Notice to purchaser within reasonable time after discovery of

defect

Every manufacturer of manufactured homes shall furnish

notification of any defect in any manufactured home produced by

such manufacturer which he determines, in good faith, relates to a

Federal manufactured home construction or safety standard or

contains a defect which constitutes an imminent safety hazard to

the purchaser of such manufactured home, within a reasonable time

after such manufacturer has discovered such defect.

(b) Notification by mail

The notification required by subsection (a) of this section shall

be accomplished -

(1) by mail to the first purchaser (not including any retailer

or distributor of such manufacturer) of the manufactured home

containing the defect, and to any subsequent purchaser to whom

any warranty on such manufactured home has been transferred;

(2) by mail to any other person who is a registered owner of

such manufactured home and whose name and address has been

ascertained pursuant to procedures established under subsection

(f) of this section; and

(3) by mail or other more expeditious means to the retailer or

retailers of such manufacturer to whom such manufactured home was

delivered.

(c) Form and requisites of notification

The notification required by subsection (a) of this section shall

contain a clear description of such defect or failure to comply, an

evaluation of the risk to manufactured home occupants' safety

reasonably related to such defect, and a statement of the measures

needed to repair the defect. The notification shall also inform the

owner whether the defect is a construction or safety defect which

the manufacturer will have corrected at no cost to the owner of the

manufactured home under subsection (g) of this section or

otherwise, or is a defect which must be corrected at the expense of

the owner.

(d) Copy to Secretary of all notices, bulletins, and communications

sent by manufacturer to retailers and purchasers concerning

defects; disclosure to public by Secretary

Every manufacturer of manufactured homes shall furnish to the

Secretary a true or representative copy of all notices, bulletins,

and other communications to the retailers of such manufacturer or

purchasers of manufactured homes of such manufacturer regarding any

defect in any such manufactured home produced by such manufacturer.

The Secretary shall disclose to the public so much of the

information contained in such notices or other information obtained

under section 5413 of this title as he deems will assist in

carrying out the purposes of this chapter, but he shall not

disclose any information which contains or relates to a trade

secret, or which, if disclosed, would put such manufacturer at a

substantial competitive disadvantage, unless he determines that it

is necessary to carry out the purposes of this chapter.

(e) Notice by Secretary to manufacturers of noncompliance with

standards or defective nature of manufactured home; contents of

notice; presentation by manufacturer of views; notice to

purchasers of defects

If the Secretary determines that any manufactured home -

(1) does not comply with an applicable Federal manufactured

home construction and safety standard prescribed pursuant to

section 5403 of this title; or

(2) contains a defect which constitutes an imminent safety

hazard,

then he shall immediately notify the manufacturer of such

manufactured home of such defect or failure to comply. The notice

shall contain the findings of the Secretary and shall include all

information upon which the findings are based. The Secretary shall

afford such manufacturer an opportunity to present his views and

evidence in support thereof, to establish that there is no failure

of compliance. If after such presentation by the manufacturer the

Secretary determines that such manufactured home does not comply

with applicable Federal manufactured home construction or safety

standards, or contains a defect which constitutes an imminent

safety hazard, the Secretary shall direct the manufacturer to

furnish the notification specified in subsections (a) and (b) of

this section.

(f) Maintenance by manufacturers of record of names and addresses

of first purchasers of manufactured homes; procedures for

ascertaining names and addresses of subsequent purchasers;

establishment and reasonableness of procedures for maintaining

records

Every manufacturer of manufactured homes shall maintain a record

of the name and address of the first purchaser of each manufactured

home (for purposes other than resale), and, to the maximum extent

feasible, shall maintain procedures for ascertaining the name and

address of any subsequent purchaser thereof and shall maintain a

record of names and addresses so ascertained. Such records shall be

kept for each home produced by a manufacturer. The Secretary may

establish by order procedures to be followed by manufacturers in

establishing and maintaining such records, including procedures to

be followed by distributors and retailers to assist manufacturers

to secure the information required by this subsection. Such

procedures shall be reasonable for the particular type of

manufactured home for which they are prescribed.

(g) Correction of defects by manufacturer; conditions; procedures;

contract or legal rights of purchasers or other persons

unaffected

A manufacturer required to furnish notification of a defect under

subsection (a) or (e) of this section shall also bring the

manufactured home into compliance with applicable standards and

correct the defect or have the defect corrected within a reasonable

period of time at no expense to the owner, but only if -

(1) the defect presents an unreasonable risk of injury or death

to occupants of the affected manufactured home or homes;

(2) the defect can be related to an error in design or assembly

of the manufactured home by the manufacturer.

The Secretary may direct the manufacturer to make such corrections

after providing an opportunity for oral and written presentation of

views by interested persons. Nothing in this section shall limit

the rights of the purchaser or any other person under any contract

or applicable law.

(h) Submission to Secretary by manufacturer of plan for notifying

owners of defects and repair of defects; approval of

manufacturer's remedy plan; effectuation and implementation of

remedy plan

The manufacturer shall submit his plan for notifying owners of

the defect and for repairing such defect (if required under

subsection (g) of this section) to the Secretary for his approval

before implementing such plan. Whenever a manufacturer is required

under subsection (g) of this section to correct a defect, the

Secretary shall approve with or without modification, after

consultation with the manufacturer of the manufactured home

involved, such manufacturer's remedy plan including the date when,

and the method by which, the notification and remedy required

pursuant to this section shall be effectuated. Such date shall be

the earliest practicable one but shall not be more than sixty days

after the date of discovery or determination of the defect or

failure to comply, unless the Secretary grants an extension of such

period for good cause shown and publishes a notice of such

extension in the Federal Register. Such manufacturer is bound to

implement such remedy plan as approved by the Secretary.

(i) Defective or inadequately repaired manufactured homes;

replacement with new or equivalent home or refund of purchase

price

Where a defect or failure to comply in a manufactured home cannot

be adequately repaired within sixty days from the date of discovery

or determination of the defect, the Secretary may require that the

manufactured home be replaced with a new or equivalent home without

charge, or that the purchase price be refunded in full, less a

reasonable allowance for depreciation based on actual use if the

home has been in the possession of the owner for more than one

year.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 615, Aug. 22, 1974, 88 Stat. 709;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417; Pub. L. 106-569, title VI, Sec. 603(b)(3), Dec. 27,

2000, 114 Stat. 2999.)

-COD-

CODIFICATION

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.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-569, Sec. 603(b)(3)(A),

substituted "retailer" for "dealer".

Subsec. (b)(3). Pub. L. 106-569, Sec. 603(b)(3)(B), substituted

"retailer or retailers" for "dealer or dealers".

Subsecs. (d), (f). Pub. L. 106-569, Sec. 603(b)(3)(C),

substituted "retailers" for "dealers ".

1980 - Subsecs. (a) to (i). Pub. L. 96-399 substituted

"manufactured home" for "mobile home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5409, 5422 of this title.

-End-

-CITE-

42 USC Sec. 5415 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5415. Certification by manufacturer of conformity of

manufactured home with standards; form and placement of

certification

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 616, Aug. 22, 1974, 88 Stat. 711;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417; Pub. L. 106-569, title VI, Sec. 603(b)(4), Dec. 27,

2000, 114 Stat. 2999.)

-COD-

CODIFICATION

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.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-569 substituted "retailer" for "dealer".

1980 - Pub. L. 96-399 substituted "manufactured home" for "mobile

home" wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5409 of this title; title

38 section 3712.

-End-

-CITE-

42 USC Sec. 5416 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5416. Consumer's manual; contents

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 617, Aug. 22, 1974, 88 Stat. 711;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417.)

-COD-

CODIFICATION

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.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-399 substituted "manufactured home" for "mobile

home".

-End-

-CITE-

42 USC Sec. 5417 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5417. Effect upon antitrust laws

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 618, Aug. 22, 1974, 88 Stat. 711.)

-REFTEXT-

REFERENCES IN 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, 20, 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 (Sec. 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.

-End-

-CITE-

42 USC Sec. 5418 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5418. Use of services, research and testing facilities of

public agencies and independent laboratories

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 619, Aug. 22, 1974, 88 Stat. 711.)

-End-

-CITE-

42 USC Sec. 5419 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5419. Authority to collect fee

-STATUTE-

(a) In general

In carrying out inspections under this chapter, in developing

standards and regulations pursuant to section 5403 of this title,

and in facilitating the acceptance of the affordability and

availability of manufactured housing within the Department, the

Secretary may -

(1) establish and collect from manufactured home manufacturers

a reasonable fee, as may be necessary to offset the expenses

incurred by the Secretary in connection with carrying out the

responsibilities of the Secretary under this chapter, including -

(A) conducting inspections and monitoring;

(B) providing funding to States for the administration and

implementation of approved State plans under section 5422 of

this title, including reasonable funding for cooperative

educational and training programs designed to facilitate

uniform enforcement under this chapter, which 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

cooperative agreements among participating States, provided

that such person or entity is not otherwise an agent of the

Secretary under this chapter;

(C) providing the funding for a noncareer administrator

within the Department to administer the manufactured housing

program;

(D) providing the funding for salaries and expenses of

employees of the Department to carry out the manufactured

housing program;

(E) administering the consensus committee as set forth in

section 5403 of this title;

(F) facilitating the acceptance of the quality, durability,

safety, and affordability of manufactured housing within the

Department; and

(G) the administration and enforcement of the installation

standards authorized by section 5404 of this title in States in

which the Secretary is required to implement an installation

program after the expiration of the 5-year period set forth in

section 5404(c)(2)(B) of this title, and the administration and

enforcement of a dispute resolution program described in

section 5422(c)(12) of this title in States in which the

Secretary is required to implement such a program after the

expiration of the 5-year period set forth in section 5422(g)(2)

of this title; and

(2) subject to subsection (e) of this section, use amounts from

any fee collected under paragraph (1) of this subsection to pay

expenses referred to in that paragraph, which shall be exempt and

separate from any limitations on the Department regarding

full-time equivalent positions and travel.

(b) Contractors

In using amounts from any fee collected under this section, the

Secretary shall ensure that separate and independent contractors

are retained to carry out monitoring and inspection work and any

other work that may be delegated to a contractor under this

chapter.

(c) Prohibited use

No amount from any fee collected under this section may be used

for any purpose or activity not specifically authorized by this

chapter, unless such activity was already engaged in by the

Secretary prior to December 27, 2000.

(d) Modification

Beginning on December 27, 2000, the amount of any fee collected

under this section may only be modified -

(1) as specifically authorized in advance in an annual

appropriations Act; and

(2) pursuant to rulemaking in accordance with section 553 of

title 5.

(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 amounts from any fee collected under this section.

Such amounts shall be held in trust for use only as provided in

this chapter.

(2) Appropriation

Amounts from any fee collected under this section shall be

available for expenditure only to the extent approved in advance

in an annual appropriations Act. Any change in the expenditure of

such amounts shall be specifically authorized in advance in an

annual appropriations Act.

(3) Payments to States

On and after the effective date of the Manufactured Housing

Improvement Act of 2000, the Secretary shall continue to fund the

States having approved State plans in the amounts which are not

less than the allocated amounts, based on the fee distribution

system in effect on the day before such effective date.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 620, Aug. 22, 1974, 88 Stat. 712;

Pub. L. 96-153, title III, Sec. 320, Dec. 21, 1979, 93 Stat. 1119;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 106-569, title VI, Sec. 609, Dec. 27, 2000, 114 Stat.

3010.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Manufactured Housing Improvement

Act of 2000, referred to in subsec. (e)(3), see section 612 of Pub.

L. 106-569, set out as an Effective Date of 2000 Amendment note

under section 5401 of this title.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-569 amended section catchline and text

generally. Prior to amendment, text read as follows: "In carrying

out the inspections required under this chapter, the Secretary may

establish and impose on manufactured home manufacturers,

distributors, and dealers such reasonable fees as may be necessary

to offset the expenses incurred by him in conducting such

inspections, and the Secretary may use any fees so collected to pay

expenses incurred in connection with such inspections, except that

this section shall not apply in any State which has in effect a

State plan under section 5422 of this title."

1980 - Pub. L. 96-399 substituted "manufactured home" for "mobile

home".

1979 - Pub. L. 96-153 substituted "conducting such inspections,

and the Secretary may use any fees so collected to pay expenses

incurred in connection with such inspections, except" for

"conducting such inspections, except".

EFFECTIVE DATE OF 2000 AMENDMENT

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.

MANUFACTURED HOUSING

Pub. L. 107-18, Sec. 1, July 5, 2001, 115 Stat. 152, provided

that:

"(a) Availability of Fees. - Notwithstanding section 620(e)(2) of

the National Manufactured Housing Construction and Safety Standards

Act of 1974 (42 U.S.C. 5419(e)(2)), any fees collected under that

Act, including any fees collected before the date of enactment of

the American Homeownership and Economic Opportunity Act of 2000 (12

U.S.C. 1701 note) [Dec. 27, 2000] and remaining unobligated on the

date of enactment of this Act [July 5, 2001], shall be available

for expenditure to offset the expenses incurred by the Secretary

under the National Manufactured Housing Construction and Safety

Standards Act of 1974 (42 U.S.C. 5401 et seq.), otherwise in

accordance with section 620 of that Act.

"(b) Duration. - The authority for the use of fees provided for

in subsection (a) shall remain in effect during the period

beginning in fiscal year 2001 and ending on the effective date of

the first appropriations Act referred to in section 620(e)(2) of

the National Manufactured Housing Construction and Safety Standards

Act of 1974 (42 U.S.C. 5419(e)(2)) that is enacted with respect to

a fiscal year after fiscal year 2001."

-End-

-CITE-

42 USC Sec. 5420 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5420. Failure to report violations; penalties

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 621, Aug. 22, 1974, 88 Stat. 712.)

-End-

-CITE-

42 USC Sec. 5421 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5421. Prohibition on waiver of rights

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 622, Aug. 22, 1974, 88 Stat. 712;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-399 substituted "manufactured home" for "mobile

home".

-End-

-CITE-

42 USC Sec. 5422 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5422. State enforcement

-STATUTE-

(a) Jurisdiction of State agency or court under State law

Nothing in this chapter shall prevent any State agency or court

from asserting jurisdiction under State law over any manufactured

home construction or safety issue with respect to which no Federal

manufactured home construction and safety standard has been

established pursuant to the provisions of section 5403 of this

title.

(b) Assumption of responsibility for enforcement of Federal

standards; submission of enforcement plan to Secretary

Any State which, at any time, desires to assume responsibility

for enforcement of manufactured home safety and construction

standards relating to any issue with respect to which a Federal

standard has been established under section 5403 of this title,

shall submit to the Secretary a State plan for enforcement of such

standards.

(c) Criteria for approval of State plan by Secretary

The Secretary shall approve the plan submitted by a State under

subsection (b) of this section, or any modification thereof, if

such plan in his judgment -

(1) designates a State agency or agencies as the agency or

agencies responsible for administering the plan throughout the

State;

(2) provides for the enforcement of manufactured home safety

and construction standards promulgated under section 5403 of this

title;

(3) provides for a right of entry and inspection of all

factories, warehouses, or establishments in such State in which

manufactured homes are manufactured and for the review of plans,

in a manner which is identical to that provided in section 5413

of this title;

(4) provides for the imposition of the civil and criminal

penalties under section 5410 of this title;

(5) provides for the notification and correction procedures

under section 5414 of this title;

(6) provides for the payment of inspection fees by

manufacturers in amounts adequate to cover the costs of

inspections;

(7) contains satisfactory assurances that the State agency or

agencies have or will have the legal authority and qualified

personnel necessary for the enforcement of such standards;

(8) give satisfactory assurances that such State will devote

adequate funds to the administration and enforcement of such

standards;

(9) requires manufacturers, distributors, and retailers in such

State to make reports to the Secretary in the same manner and to

the same extent as if the State plan were not in effect;

(10) provides that the State agency or agencies will make such

reports to the Secretary in such form and containing such

information as the Secretary shall from time to time require;

(11) with respect to any State plan submitted on or after the

expiration of the 5-year period beginning on December 27, 2000,

provides for an installation program established by State law

that meets the requirements of section 5404(c)(3) of this title;

(12) with respect to any State plan submitted on or after the

expiration of the 5-year period beginning on December 27, 2000,

provides for a dispute resolution program for the timely

resolution of disputes between manufacturers, retailers, and

installers of manufactured homes regarding responsibility, 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 beginning on the date of installation; and

(13) complies with such other requirements as the Secretary may

by regulation prescribe for the enforcement of this chapter.

(d) Notice and hearing prior to rejection by Secretary of State

plan

If the Secretary rejects a plan submitted under subsection (b) of

this section, he shall afford the State submitting the plan due

notice and opportunity for a hearing before so doing.

(e) Discretionary enforcement by Secretary of standards in State

having approved plan

After the Secretary approves a State plan submitted under

subsection (b) of this section, he may, but shall not be required

to, exercise his authority under this chapter with respect to

enforcement of manufactured home construction and safety standards

in the State involved.

(f) Annual evaluation by Secretary of execution of State plan;

basis of evaluation; submission of evaluation and data to

Congress; determination by Secretary of improper administration,

etc., of State plan; procedure; effect of determination

The Secretary shall, on the basis of reports submitted by the

designated State agency and his own inspections, make a continuing

evaluation of the manner in which each State having a plan approved

under this section is carrying out such plan. Such evaluation shall

be made by the Secretary at least annually for each State, and the

results of such evaluation and the inspection reports on which it

is based shall be promptly submitted to the appropriate committees

of the Congress. Whenever the Secretary finds, after affording due

notice and opportunity for a hearing, that in the administration of

the State plan there is a failure to comply substantially with any

provision of the State plan or that the State plan has become

inadequate, he shall notify the State agency or agencies of his

withdrawal of approval of such plan. Upon receipt of such notice by

such State agency or agencies such plan shall cease to be in

effect, but the State may retain jurisdiction in any case commenced

before the withdrawal of the plan in order to enforce manufactured

home standards under the plan whenever the issues involved do not

relate to the reasons for the withdrawal of the plan.

(g) Enforcement of dispute resolution standards

(1) Establishment of dispute resolution program

Not later than the expiration of the 5-year period beginning on

December 27, 2000, the Secretary shall establish a dispute

resolution program that meets the requirements of subsection

(c)(12) of this section for dispute resolution in each State

described in paragraph (2) of this subsection. The order

establishing the dispute resolution program shall be issued after

notice and opportunity for public comment in accordance with

section 553 of title 5.

(2) Implementation of dispute resolution program

Beginning on the expiration of the 5-year period described in

paragraph (1), the Secretary shall implement the dispute

resolution program established under paragraph (1) in each State

that has not established a dispute resolution program that meets

the requirements of subsection (c)(12) of this section.

(3) Contracting out of implementation

In carrying out paragraph (2), the Secretary may contract with

an appropriate agent to implement the dispute resolution program

established under paragraph (2), except that such agent shall not

be a person or entity other than a government, nor an affiliate

or subsidiary of such a person or entity, that has entered into a

contract with the Secretary to implement any other regulatory

program under this chapter.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 623, Aug. 22, 1974, 88 Stat. 712;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95

Stat. 417; Pub. L. 106-569, title VI, Secs. 603(b)(5), 605(b), 610,

Dec. 27, 2000, 114 Stat. 2999, 3008, 3011.)

-COD-

CODIFICATION

Reference to "mobile homes", appearing in subsec. (c)(3), 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(9). Pub. L. 106-569, Sec. 603(b)(5),

substituted "retailers" for "dealers".

Subsec. (c)(11). Pub. L. 106-569, Sec. 605(b)(1), (3), added par.

(11). Former par. (11) redesignated (13).

Subsec. (c)(12). Pub. L. 106-569, Sec. 610(1), added par. (12).

Subsec. (c)(13). Pub. L. 106-569, Sec. 605(b)(2), redesignated

par. (11) as (13).

Subsec. (g). Pub. L. 106-569, Sec. 610(2), added subsec. (g).

1980 - Subsecs. (a), (b), (c)(2), (e), (f). Pub. L. 96-399

substituted "manufactured home" for "mobile home" wherever

appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5402, 5419, 5420, 5423 of

this title.

-End-

-CITE-

42 USC Sec. 5423 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5423. Grants to States

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 624, Aug. 22, 1974, 88 Stat. 713;

Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat.

1641.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a)(1). Pub. L. 96-399 substituted "manufactured

home" for "mobile home".

-End-

-CITE-

42 USC Sec. 5424 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5424. Rules and regulations

-STATUTE-

The Secretary is authorized to issue, amend, and revoke such

rules and regulations as he deems necessary to carry out this

chapter.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 625, Aug. 22, 1974, 88 Stat. 713.)

-MISC1-

REGULATIONS AND PROCEDURES WITH REGARD TO MANUFACTURED HOMES

Pub. L. 96-399, title III, Sec. 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."

-End-

-CITE-

42 USC Sec. 5425 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5425. Repealed. Pub. L. 106-569, title VI, Sec. 611(1), Dec.

27, 2000, 114 Stat. 3012

-MISC1-

Section, Pub. L. 93-383, title VI, Sec. 626, Aug. 22, 1974, 88

Stat. 714; Pub. L. 95-557, title IX, Sec. 901, Oct. 31, 1978, 92

Stat. 2124; Pub. L. 96-399, title III, Sec. 308(c)(4), Oct. 8,

1980, 94 Stat. 1641; Pub. L. 97-35, title III, Sec. 339B(c), Aug.

13, 1981, 95 Stat. 417, related to reports to Congress.

EFFECTIVE DATE OF REPEAL

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.

-End-

-CITE-

42 USC Sec. 5426 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

-HEAD-

Sec. 5426. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 93-383, title VI, Sec. 626, formerly Sec. 627, Aug. 22,

1974, 88 Stat. 714; renumbered Sec. 626, Pub. L. 106-569, title VI,

Sec. 611(2), Dec. 27, 2000, 114 Stat. 3012.)

-MISC1-

PRIOR PROVISIONS

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.

-End-