(Sec. 103) Amends the Housing and Community Development Act of 1992 to state that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of the Department of Housing and Urban Development under the direction of the Assistant Secretary for Policy Development and Research.
Title II: Homeownership for Working Families - Provides for one percent downpayments for Federal Housing Administration mortgage loans for qualified elementary (including pre-kindergarten) and secondary school teachers and administrators and non-Federal public safety officers to purchase homes within the jurisdictions of their employing agencies.
(Sec. 202) Authorizes the Secretary to insure refinancing of home equity conversions for elderly home owners. Provides for: (1) specified transaction disclosures; (2) waiver of counseling under specified conditions; (3) fee limitations; (4) single premium reduction; and (5) an actuarial study to determine insurance premium adequacy.
Includes housing cooperatives in the demonstration program of insurance of home equity conversion mortgages for elderly home owners. Directs the Secretary to waive up-front premiums for mortgages used for costs of long-term care insurance or health care.
(Sec. 203) Directs the Secretary to carry out a pilot program to assist qualifying law enforcement officers (including correctional officers) purchase homes in locally designated high crime areas. Provides for: (1) no downpayment; and (2) inclusion of closing costs and a single required insurance payment in the loan amount. Sunsets the program three years after assistance is made available.
(Sec. 204) Amends the Housing Opportunity Program Extension Act of 1996 to authorize FY 2001 through 2003 appropriations for self-help housing providers. Makes certain nongrant fund advances by an organization eligible for reimbursement. Revises fund recapture provisions.
Title III: Section 8 Homeownership Option - Amends the United States Housing Act of 1937 to provide a single grant home ownership downpayment option (in lieu of monthly payments) under the section 8 housing assistance program.
(Sec. 302) Authorizes a public housing agency providing tenant-based section 8 housing assistance to provide assistance for a qualifying disabled family that purchases a home which will be owned and occupied by one or more members of such family. Sets forth program provisions.
(Sec. 303) Authorizes FY 2001 appropriations (with a 50 percent matching requirement) for Home ownership programs under the section 8 homeownership demonstration program.
Title IV: Private Mortgage Insurance Cancellation and Termination - Private Mortgage Insurance Technical Corrections and Clarification Act - Amends the Homeowners Protection Act of 1998 with respect to the definition of "cancellation date" to replace "amortization schedules" with, and define, "amortization schedule the in effect" for purposes of adjustable rate mortgages.
Includes balloon mortgages within the definition of "adjustable rate mortgages."
States that if a residential mortgage loan is modified (with mortgagor-mortgagee agreement) the cancellation date, termination date, or final agreement shall be recalculated to reflect such modifications.
(Sec. 404) Extends mortgage insurance cancellation rights beyond the cancellation date for a qualifying borrower who is current on required payments.
(Sec. 405) Revises the automatic termination date with respect to a mortgagor who is not current on payments as of the mortgage termination date.
States that the cancellation or termination of private mortgage insurance shall not affect the rights of any mortgagee, servicer, or insurer to enforce any accrued obligation for premium payments.
(Sec. 406) Revises and defines specified terms.
Title V: Native American Homeownership - Subtitle A: Native American Housing - Establishes the Lands Title Report Commission to facilitate home loan mortgages on Indian trust lands. Terminates the Commission one year after its initial meeting. Authorizes appropriations.
(Sec. 502) Amends the Housing and Community Development Act of 1992 to make permanent the Indian housing loan guarantee authority.
(Sec. 503) Amends the Native American Housing Assistance and Self-Determination Act of 1996 to: (1) restrict the Secretary's authority to waive housing plan requirements to not more than 90 days; (2) permit the Secretary to waive local cooperation requirements upon a good faith showing and agreement to make certain payments in lieu of taxes; (3) permit assistance to Indian families that are not low-income upon a showing of need; (4) eliminate separate housing plan requirements for small tribes; (5) permit the Secretary to waive certain environmental review requirements under specified conditions; (6) permit reservation housing assistance for specified full-time Federal, State, county, or tribal law enforcement officers; (7) revise audit, review, and hearing provisions; (8) prescribe a funding formula for housing authorities operating fewer than 250 units based on an average of FY 1992 through 1997 allocations; and (9) repeal the requirement regarding the certification of compliance with subsidy layering requirements.
Subtitle B: Native Hawaiian Housing - Hawaiian Homelands Home ownership Act of 2000 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to add a new Title VIII, Housing Assistance for Native Hawaiians. Directs the Secretary to make block grants to carry out affordable housing activities for Native Hawaiian families on or near Hawaiian Home Lands. Authorizes the Secretary to make grants to the Department of Hawaiian Home Lands (defined as the agency or department of Hawaii responsible for administration of the Hawaiian Homes Commission Act, 1920) only if the Director of the Department has submitted a housing plan that meets requirements under this Act, unless otherwise waived by the Secretary. Sets forth plan terms, conditions, and requirements, including a condition that, to the extent practicable, the Department use private nonprofit organizations in the planning and development of such housing. Provides for plan review by the Secretary.
Sets forth provisions regarding the treatment of program income, project labor standards, and environmental review under the National Environmental Policy Act of 1969.
Limits assistance for affordable housing activities under the program to low-income Native Hawaiian families, with specified exceptions for: (1) certain home ownership activities; and (2) assistance to non-Native Hawaiians if the presence of the family in the housing involved is essential to the well-being of Native Hawaiian families and the housing need cannot be met without assistance.
Describes eligible affordable housing activities. Sets forth program requirements, including the development of policies governing rents, home buyer payments, eligibility, management, leases, and tenant selection. Sets the maximum monthly rent or home buyer payment at 30 percent of the monthly adjusted family income.
Directs the Secretary, in instances of substantial Department noncompliance, to terminate, reduce, or limit payments. Authorizes the Secretary, in addition to such actions, to refer the matter to the Attorney General for civil action.
Sets forth review, auditing, and reporting requirements for the Secretary and the Director. Provides for discretionary audits by the Comptroller General. Authorizes appropriations through FY 2005.
(Sec. 524) Amends the Housing and Community Development Act of 1992 to authorize the Secretary to guarantee up to $100 million in loans from approved lenders in each of FY 2001 through 2005 to provide access to sources of private financing to Native Hawaiian families who could otherwise not acquire housing financing because of the unique legal status of the Hawaiian Home Lands or as a result of a lack of access to private financial markets. Authorizes loan guarantees of up to 100 percent of unpaid interest and principal. Provides that a loan will be used to construct, acquire, or rehabilitate not more than four-family dwellings that are standard housing and located on Hawaiian Home Lands for which an approved housing plan to provide affordable home ownership housing applies.
Sets forth eligible lender categories.
Limits loans to 30-year terms. Permits the Secretary to guarantee a loan only upon determining that there is a reasonable prospect of repayment. Establishes a loan guarantee fee. Authorizes loan transfer and assumption, subject to governmental supervision.
Provides for lender disqualification for specified violations, and civil monetary penalties for intentional violations. Establishes a Hawaiian Housing Guarantee Fund for the purpose of providing loan guarantees under this Act. Authorizes appropriations through FY 2005.
Directs the Secretary to establish safety and quality standards for housing financed under these provisions.
Title VI: Manufactured Housing Improvement - Manufactured Housing Improvement Act of 2000 - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to define specified terms.
(Sec. 604) Directs the Secretary to establish manufactured home construction and safety standards in accordance with the consensus standards development process (provided for by this Act).
Directs the Secretary to contract with: (1) a temporary administering organization to appoint the initial members of the consensus committee and administer the consensus standards development and related procedural and enforcement processes; and (2) a subsequent administering organization for the development of Federal standards and related procedural and enforcement regulations.
Establishes the consensus committee which shall provide the Secretary with periodic recommendations respecting Federal manufactured housing construction and safety standards and related procedural and enforcement regulations. States that committee members shall represent producer, consumer, and general interest and public official interests. Sets forth related administrative provisions.
(Sec. 605) Eliminates the National Manufactured Home Advisory Council.
Requires manufacturers to provide approved design and installation instructions with each manufactured home.
Requires, within specified deadlines: (1) the consensus committee to develop and submit to the Secretary proposed model manufactured home installation standards; and (2) the Secretary to develop model standards. Requires an opportunity for public comment prior to such standards' issuance. Prohibits a State or manufacturer, during the five-year period beginning with the enactment of this Act, from establishing manufactured home installation standards that provide less protection than existing standards. Directs the Secretary, not later than the expiration of such five-year period, to implement in a State that has not adopted a similar program a program which provides for: (1) installation standards and designs and instructions that meet or exceed model standards; (2) installer training and licensing; and (3) installation inspection.
(Sec. 606) Directs the Secretary to submit cost information to the consensus committee.
(Sec. 607) Includes among research and testing activities: (1) encouraging government-sponsored housing entities to implement secondary market securitization programs for manufactured home loans; and (2) reviewing the programs for Federal Housing Administration manufactured home loans.
(Sec. 608) Makes it a prohibited act to fail to comply with the Secretary's installation standards in any State that has not adopted a State installation program.
(Sec.609) Authorizes the Secretary to collect manufacturer fees, and sets forth their permitted and prohibited uses. Establishes in the Treasury a Manufactured Housing Fees Trust Fund.
Requires inspection and monitoring work to be carried out by independent contractors..
Requires the Secretary to continue funding States with approved plans at levels not less than those existing immediately prior to enactment of this Act.
(Sec. 610) Directs the Secretary to establish a dispute resolution program within five years of the enactment of this Act.
(Sec. 611) Eliminates the manufactured housing annual reporting requirement.
(Sec. 612) Sets forth effective date provisions.
(Sec. 613) Sets forth savings provisions, including certain contract duration provisions.
Title VII: Rural Housing Ownership - Amends the Housing Act of 1949 to direct the Secretary to provide guarantees for rural housing loan refinancing.
(Sec. 702) Increases from $2,500 to $7,500 the amount of a rural housing repair loan that needs to be evidenced only by a promissory note.
(Sec. 703) Makes limited partnerships eligible for farm labor housing loans.
(Sec. 704) Sets forth project accounting and recordkeeping requirements.
(Sec. 705) Extends the rural designation of certain areas until the 2010 census.
(Sec. 707) Makes Indian tribes (as defined by this Act) eligible for the multifamily rental housing loan guarantee program.
(Sec. 708) Establishes civil and criminal penalties for rural housing program equity skimming. Authorizes the Secretary to impose civil monetary penalties and prohibit renewal or extension of loan or assistance agreements for program violations.
(Sec. 709) Amends Federal criminal law to include such equity skimming under money laundering provisions.
Title VIII: Housing for Elderly and Disabled Families - Affordable Housing for Seniors and Families Act - Subtitle A: Refinancing for Section 202 Supportive Housing for the Elderly - Directs the Secretary: (1) to approve prepayment of indebtedness, including refinancing under specified conditions, provided the project sponsor continues to operate the project on terms at least as advantageous to tenants as required under the original agreement; and (2) upon refinancing, to use at least 50 percent of the resultant savings in a manner that is advantageous to the tenants.
Subtitle B: Authorization of Appropriations for Supportive Housing for the Elderly and Persons With Disabilities - Amends the Housing Act of 1959 to authorize FY 2001 through 2003 appropriations for supportive housing for the elderly.
(Sec. 822) Amends the Cranston-Gonzalez National Affordable Housing Act to authorize FY 2001 through 2003 appropriations for supportive housing for persons with disabilities.
(Sec. 823) Authorizes FY 2001 through 2003 appropriations for: (1) grants for service coordinators for elderly and disabled residents of certain federally assisted multifamily housing; and (2) contracts for congregate services for certain federally assisted housing.
Subtitle C: Expanding Public Housing Opportunities for the Elderly and Persons with Disabilities - Part 1: Housing for the Elderly - Amends the Housing Act of 1959, with respect to supportive services for the elderly, to make for-profit limited partnerships eligible program participants.
(Sec. 832) Permits owners to use mixed funding sources for amenities and other design features.
(Sec. 833) Expands acquisition authority.
(Sec. 834) Authorizes project reserves to be used to reduce the number of dwelling units by retrofitting unmarketable units.
(Sec. 835) States that no provision of law shall be construed to prohibit commercial operations in a project location that benefits project residents.
Part 2: Housing for Persons with Disabilities - Amends the Housing Act of 1959 to make certain for-profit limited partnerships eligible recipients under the supportive housing for persons with disabilities program.
(Sec. 842) Amends the Cranston-Gonzalez National Affordable Housing Act with respect to the supportive housing for persons with disabilities program to permit owners to use mixed funding sources for amenities and other design features.
(Sec. 843) Provides that tenant-based assistance may be provided through a qualifying public housing agency or a private nonprofit organization. Limits tenant-based assistance to 25 percent of fiscal year program assistance.
(Sec. 844) Authorizes project reserves to be used to reduce the number of dwelling units by retrofitting unmarketable units.
(Sec. 845) States that no provision of law shall be construed to prohibit commercial operations in a project location that benefits project residents.
Part 3: Other Provisions - Amends the Housing and Community Development Act of 1992 to permit service coordinator services to be provided to low-income or elderly persons living in the vicinity of specified federally assisted housing.
Includes telemarketing fraud protection among the services provided to elderly residents of federally assisted housing and under the supportive housing program. Directs the Secretary, in coordination with the Secretary of Health and Human Services, to establish related service coordinator guidelines.
Subtitle D: Preservation of Affordable Stock - Amends the National Housing Act, as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001, respecting rental and cooperative housing for lower-income families, to eliminate certain restrictions on owner retention of excess charges, including retention and use of certain previously collected excess charges.
Subtitle E: Mortgage Insurance for Health Care Facilities - Amends the National Housing Act to authorize mortgage insurance for debt refinancing of existing integrated service facilities. Permits hospital, home, or facility refinancing to prepay a loan that is within two years of maturity. Permits use of refinancing proceeds for related maintenance and equipment.
(Sec. 872) Includes within the definition of "assisted living facility" certain unlicensed facilities. Defines "integrated service facility."
(Sec. 873) Revises hospital mortgage insurance provisions to: (1) eliminate from the definition of "hospital" the requirement that not more than 50 percent of patient days be for specified non-acute conditions; (2) include within the definition of "mortgage" parity first mortgages or deeds of trust; (3) permit, under specified conditions, an independent need and licensing certification study; and (4) provide for expedited mortgage insurance of public integrated service facilities.
Title IX: Other Related Housing Provisions - Amends the National Housing Act to extend the insurance-eligible loan term for manufactured home lots to 20 years and 32 days.
(Sec. 902) Amends the United States Housing Act of 1937, as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001, respecting enhanced section 8 voucher assistance, to: (1) include within the definition of "eligibility event" any termination or expiration of a contract for rental assistance during any fiscal year after 1994; and (2) provide that a maximum payment adversely affecting assisted families shall not be considered reasonable.
(Sec. 904) Permits section 8 assistance to "grand-families."
Title X: Banking and Housing Agency Reports - Federal Reporting Act of 2000 - Amends the Federal Reserve Act to revise Federal Reserve System semi-annual reporting requirements.
(Sec. 1003) Makes a specified provision of the Federal Reports Elimination and Sunset Act of 1995 (reporting requirements included on a list prepared by the Clerk of the House of Representatives for the first session of the 103rd Congress) inapplicable to certain monetary policy, banking, and housing reporting requirements under specified Acts.
(Sec. 1004) Sets forth specified report coordination requirements respecting: (1) the Federal Deposit Insurance Corporation; (2) the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Treasury; (4) the Export-Import Bank; (5) the Department of Housing and Urban Development; and (6) the Federal Housing Administration.
(Sec. 1005) Amends the: (1) Export-Import Bank Act of 1945 to eliminate certain activity and fiscal authority reporting requirements of the Export-Import Bank; and (2) Federal Deposit Insurance Act to eliminate the requirement for a semiannual report on activities and efforts of the Federal Deposit Insurance Corporation.
Title XI: Numismatic Coins - United States Mint Numismatic Coin Clarification Act of 2000 - Amends Federal monetary law to authorize the Secretary of the Treasury to mint and issue platinum bullion coins.
Requires the Secretary include in the annual financial statement for the Numismatic Public Enterprise Fund a supplemental fiscal year schedule that details costs and gross revenues for each denomination of circulating coins.
Title XII: Financial Regulatory Relief - Financial Regulatory Relief and Economic Efficiency Act of 2000 - Subtitle A: Improving Monetary Policy and Financial Institution Management Practices - Amends the Home Owners' Loan Act (HOLA) to: (1) repeal savings association liquid asset requirements; and (2) permit a savings and loan holding company, with the prior approval by the Director of the Office of Thrift Supervision, to acquire more than five percent of the voting shares of a non-subsidiary savings association or non-subsidiary savings and loan holding company.
(Sec. 1203) Amends the Federal Deposit Insurance Act (FDIA) to repeal deposit broker notification and recordkeeping requirements.
(Sec. 1204) Amends the National Bank Consolidation and Merger Act to prescribe expedited procedures permitting a national banking association to: (1) reorganize as either a bank holding company, or as a bank holding company subsidiary; or (2) merge with subsidiaries or nonbank affiliates.
(Sec. 1205) Amends Federal banking law to increase from one year to three years the term of the national bank director. Amends the Banking Act of 1933 to authorize the Comptroller of the Currency to exempt a national banking association from the 25-member limit on the number of members of an association's governing body.
(Sec. 1207) Amends Federal banking law and the FDIA to: (1) repeal the mandate that the purchase or acquisition by a national banking association or depository institution of its own capital stock to prevent loss upon a previously contracted debt be disposed of within six months from the time of purchase; and (2) provide that if an institution acquires its own stock to prevent loss upon a debt previously contracted for in good faith, such transaction shall not be deemed to be a loan or discount on the security of its own capital stock.
(Sec. 1208) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to increase from 90 percent to 100 percent of fair market value the permissible valuation of readily marketable purchased mortgage servicing rights that may be included in calculating an insured depository institution's tangible capital, risk-based capital, or leverage limit, if the Federal regulatory agencies jointly find that such an increase will not adversely affect the deposit insurance funds or the safety and soundness of insured depository institutions.
Subtitle B: Streamlining Activities of Institutions - Requires that Federal banking agencies work jointly to develop: (1) electronic filing and public dissemination of depository institution status reports (call reports); and (2) uniform formats and simplified filing instructions for such reports.
Subtitle C: Streamlining Agency Actions - Amends the FDIA to: (1) repeal the mandate that Federal banking agencies develop jointly a method for supplemental disclosures in required Federal filings of the estimated fair market value of depository institution assets and liabilities; (2) authorize the Federal Deposit Insurance Corporation (FDIC) to establish the interest rate for or make post-insolvency interest payments to creditors' claims against the receivership estates of insured Federal or State depository institutions following satisfaction by the receiver of the principal amount of all creditor claims; and (3) mandate that Federal banking agencies jointly submit an annual report to certain congressional banking committees regarding differences in accounting and capital standards used by such agencies (currently such reports must be filed by the agencies individually).
(Sec. 1224) Requires the agency responsible for review of the competitive factors in bank merger filings, to request a report solely from the Attorney General (currently, from the Attorney General and the other Federal banking agencies).
Amends the Bank Holding Company Act of 1956 and the FDIA to require the Board and the responsible agency, respectively, to consider specified criteria concerning competitive effects before disapproving a bank merger transaction on the grounds of disproportionate anticompetitive effects.
Subtitle D: Miscellaneous - Amends the Federal Reserve Act to authorize the Board to acquire sites or buildings.
(Sec. 1232) Revises the positions of Board members on the Executive Schedule (increasing their salary levels).
(Sec. 1233) Amends the Federal Home Loan Bank Act to extend the deadline for the Finance Board's issuance of regulations respecting Federal home loan bank capital standards.
Subtitle E: Technical Corrections - Makes technical corrections to related Acts.
(Sec. 1243) Amends Federal banking law to: (1) authorize the Comptroller of the Currency to waive the citizenship requirement for a minority of the total number of directors sitting on the board of a national bank; (2) declare it is unlawful for the Comptroller to hold an interest in any national bank; and (3) repeal specified capital and surplus requirements for national banking associations.
(Sec. 1244) Amends the International Bank Act of 1978 to modify examination requirements pertaining to establishment and operation by a foreign bank of Federal branches and agencies.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1452 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1452
To modernize the requirements under the National Manufactured Housing
Construction and Safety Standards Act of 1974 and to establish a
balanced consensus process for the development, revision, and
interpretation of Federal construction and safety standards for
manufactured homes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 1999
Mr. Shelby (for himself, Mr. Bayh, Mr. Bryan, Mr. Rockefeller, and Mr.
Bingaman) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To modernize the requirements under the National Manufactured Housing
Construction and Safety Standards Act of 1974 and to establish a
balanced consensus process for the development, revision, and
interpretation of Federal construction and safety standards for
manufactured homes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCES.
(a) Short Title.--This Act may be cited as the ``Manufactured
Housing Improvement Act''.
(b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to that section or other
provision of the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401 et seq.).
SEC. 2. FINDINGS AND PURPOSES.
Section 602 (42 U.S.C. 5401) is amended to read as follows:
``findings and purposes
``Sec. 602. (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 Act are--
``(1) to facilitate the acceptance of the quality,
durability, safety, and affordability of manufactured housing
within the Department of Housing and Urban Development;
``(2) to facilitate the availability of affordable
manufactured homes and to increase homeownership for all
Americans;
``(3) to provide for the establishment of practical,
uniform, and, to the extent possible, performance-based Federal
construction standards;
``(4) to encourage innovative and cost-effective
construction techniques;
``(5) to protect owners of manufactured homes from
unreasonable risk of personal injury and property damage;
``(6) to establish a balanced consensus process for the
development, revision, and interpretation of Federal
construction and safety standards for manufactured homes and
related regulations for the enforcement of such standards;
``(7) to ensure uniform and effective enforcement of
Federal construction and safety standards for manufactured
homes; and
``(8) to ensure that the public interest in, and need for,
affordable manufactured housing is duly considered in all
determinations relating to the Federal standards and their
enforcement.''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 603 (42 U.S.C. 5402) is amended--
(1) in paragraph (2), by striking ``dealer'' and inserting
``retailer'';
(2) in paragraph (12), by striking ``and'' at the end;
(3) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(14) `administering organization' means the recognized,
voluntary, private sector, unitary consensus standards body
with specific experience in developing model residential
building codes and standards involving all disciplines
regarding construction and safety that administers the
consensus standards through a unitary development process;
``(15) `consensus committee' means the committee
established under section 604(a)(3);
``(16) `consensus standards development process' means the
process by which additions, revisions, and interpretations to
the Federal manufactured home construction and safety standards
and enforcement regulations shall be developed and recommended
to the Secretary by a unitary consensus committee, which shall
function as a single 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) `production inspection primary inspection agency'
means a State agency or private organization that has been
approved by the Secretary to evaluate the ability of
manufactured home manufacturing plants to comply with approved
quality control procedures and with the Federal manufactured
home construction and safety standards promulgated hereunder;
and
``(20) `monitoring'--
``(A) means the process of periodic review of the
primary inspection agencies, by the Secretary or by a
State agency under an approved State plan pursuant to
section 623, in accordance with regulations recommended
by the consensus committee and promulgated in
accordance with section 604(b), which process shall be
for the purpose of ensuring that the primary inspection
agencies are discharging their duties under this title;
and
``(B) may include the periodic inspection of retail
locations for transit damage, label tampering, and
retailer compliance with this title.''.
(b) Conforming Amendments.--The National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.)
is amended--
(1) in section 613 (42 U.S.C. 5412), by striking ``dealer''
each place it appears and inserting ``retailer'';
(2) in section 614(f) (42 U.S.C. 5413(f)), by striking
``dealer'' each place it appears and inserting ``retailer'';
(3) in section 615 (42 U.S.C. 5414)--
(A) in subsection (b)(1), by striking ``dealer''
and inserting ``retailer'';
(B) in subsection (b)(3), by striking ``dealer or
dealers'' and inserting ``retailer or retailers''; and
(C) in subsections (d) and (f), by striking
``dealers'' each place it appears and inserting
``retailers'';
(4) in section 616 (42 U.S.C. 5415), by striking ``dealer''
and inserting ``retailer''; and
(5) in section 623(c)(9), by striking ``dealers'' and
inserting ``retailers''.
SEC. 4. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS.
Section 604 (42 U.S.C. 5403) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Establishment.--
``(1) Authority.--The Secretary shall establish, by order,
appropriate Federal manufactured home construction and safety
standards, each of which--
``(A) shall--
``(i) be reasonable and practical;
``(ii) meet high standards of protection
consistent with the enumerated purposes of this
title; and
``(iii) be performance-based and
objectively stated, unless clearly
inappropriate; and
``(B) except as provided in subsection (b), shall
be established in accordance with the consensus
standards development process.
``(2) Consensus standards and regulatory development
process.--
``(A) Initial agreement.--Not later than 180 days
after the date of enactment of the Manufactured Housing
Improvement Act, 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) appoint the initial members
of the consensus committee under
paragraph (3);
``(II) administer the consensus
standards development process until the
termination of that agreement; and
``(III) administer the consensus
development and interpretation process
for procedural and enforcement
regulations and regulations specifying
the permissible scope and conduct of
monitoring until the termination of
that agreement.
``(B) Competitively procured contract.--Upon the
expiration of the 4-year period beginning on the date
on which all members of the consensus committee are
appointed under paragraph (3), the Secretary shall,
using competitive procedures (as such term is defined
in section 4 of the Office of Federal Procurement
Policy Act), enter into a competitively awarded
contract with an administering organization. The
administering organization shall administer the
consensus process for the development and
interpretation of the Federal standards, the procedural
and enforcement regulations, and regulations specifying
the permissible scope and conduct of monitoring in
accordance with this title.
``(C) Performance review.--The Secretary--
``(i) shall periodically review the
performance of the administering organization;
and
``(ii) may replace the administering
organization with another qualified technical
or building code organization, pursuant to
competitive procedures, if the Secretary
determines in writing that the administering
organization is not fulfilling the terms of the
agreement or contract to which the
administering organization is subject or upon
the expiration of the agreement or contract.
``(3) Consensus committee.--
``(A) Purpose.--There is established a committee to
be known as the `consensus committee', which shall, in
accordance with this title--
``(i) provide periodic recommendations to
the Secretary to adopt, revise, and interpret
the Federal manufactured housing construction
and safety standards in accordance with this
subsection;
``(ii) provide periodic recommendations to
the Secretary to adopt, revise, and interpret
the procedural and enforcement regulations,
including regulations specifying the
permissible scope and conduct of monitoring in
accordance with this subsection; and
``(iii) be organized and carry out its
business in a manner that guarantees a fair
opportunity for the expression and
consideration of various positions and for
public participation.
``(B) Membership.--The consensus committee shall be
composed of--
``(i) 25 voting members appointed, subject
to approval by the Secretary, by the
administering organization from among
individuals who are qualified by background and
experience to participate in the work of the
consensus committee; and
``(ii) 1 member appointed by the Secretary
to represent the Secretary on the consensus
committee, who shall be a nonvoting member.
``(C) Disapproval.--The Secretary may disapprove,
in writing with the reasons set forth, the appointment
of an individual under subparagraph (B)(i).
``(D) Selection procedures and requirements.--Each
member 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) Home producers.--Five persons
representing manufacturers of manufactured
homes.
``(ii) Other business interests.--Five
persons representing other business interests
involved in the manufactured housing industry
such as retailers, installers, lenders,
insurers, suppliers of products, and community
owners. The business interests represented in
this category shall not be owned or controlled
by manufacturers represented under clause (i).
``(iii) Consumers.--Five persons
representing homeowners and consumer interests,
such as consumer organizations, community
organizations, recognized consumer leaders, and
owners and occupants of manufactured homes.
``(iv) Public officials.--Five persons who
are State or local officials such as building
code enforcement or inspection officials, fire
marshals, and including representatives of
State administrative agencies.
``(v) General interest.--Five persons
representing the public such as architects,
engineers, homebuilders, academicians, and
developers.
``(E) Additional qualifications.--An individual
appointed under clause (iii), (iv), or (v) of
subparagraph (D) 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.
``(F) Meetings.--
``(i) Notice; open to public.--The
consensus committee shall provide advance
notice of each meeting of the consensus
committee to the Secretary and publish advance
notice of each such meeting in the Federal
Register. All meetings of the consensus
committee shall be open to the public.
``(ii) Reimbursement.--Members of the
consensus committee in attendance at the
meetings shall be reimbursed for their actual
expenses as authorized by section 5703 of title
5, United States Code, for persons employed
intermittently in Government service.
``(G) Inapplicability of other laws.--
``(i) Advisory committee act.--The
consensus committee shall not be considered to
be an advisory committee for purposes of the
Federal Advisory Committee Act.
``(ii) Title 18.--The members of the
consensus committee shall not be subject to
section 203, 205, 207, or 208 of title 18,
United States Code, to the extent of their
proper participation as members of the
consensus committee.
``(iii) Ethics in government act of 1978.--
The Ethics in Government Act of 1978 shall not
apply to members of the consensus committee to
the extent of their proper participation as
members of the consensus committee.
``(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.--The administering organization shall,
upon the request of the consensus committee, provide
reasonable staff resources to the consensus committee.
``(J) Date of initial appointments.--The initial
appointments of all of the members of the consensus
committee shall be completed not later than 90 days
after the date on which an administration agreement
under paragraph (2)(A) is completed with the
administering organization.
``(4) Revisions of standards and regulations.--
``(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 regulations; and
``(ii) submit proposed revised standards
and regulations if approved by a \2/3\ majority
vote to the Secretary in the form of a proposed
rule, including an economic analysis.
``(B) Publication of proposed revised standards and
regulations.--
``(i) Publication by secretary.--The
consensus committee shall provide a proposed
revised standard or regulation under
subparagraph (A)(ii) to the Secretary who
shall, not later than 30 days after receipt,
publish such proposed revised standard or
regulation in the Federal Register for notice
and comment. Unless clause (ii) applies, the
Secretary shall provide an opportunity for
public comment on such proposed revised
standard or regulation and any such comments
shall be submitted directly to the consensus
committee without delay.
``(ii) Publication of rejected proposed
revised standards and regulations.--If the
Secretary rejects the proposed revised standard
or regulation, the Secretary shall publish the
rejected proposed revised standard or
regulation in the Federal Register with 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 or regulation 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 revisions proposed by the
consensus committee, which the Secretary shall,
not later than 7 calendar days after receipt,
cause to be published in the Federal Register
as a notice of the recommended revisions of the
consensus committee to the standards or
regulations, a notice of the submission of the
recommended revisions to the Secretary, and a
description of the circumstances under which
the proposed revised standards or regulations
could become effective.
``(iii) Publication of rejected proposed
revised standards and regulations.--If the
Secretary rejects the proposed revised standard
or regulation, the Secretary shall publish the
rejected proposed revised standard or
regulation in the Federal Register with 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 or regulation, as
submitted by the consensus committee under paragraph
(4)(A).
``(B) Timing.--Not later than 12 months after the
date on which a standard or regulation is submitted to
the Secretary by the consensus committee, the Secretary
shall take action regarding such standard or regulation
under subparagraph (C).
``(C) Procedures.--If the Secretary--
``(i) adopts a standard or regulation
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 or
regulation should be rejected, the Secretary
shall--
``(I) reject the standard or
regulation; 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 regulation; or
``(iii) determines that a standard or
regulation recommended by the consensus
committee should be modified, the Secretary
shall--
``(I) cause the proposed modified
standard or regulation to be published
in the Federal Register, 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, United States
Code.
``(D) Final order.--Any final standard or
regulation under this paragraph shall become effective
pursuant to subsection (c).
``(6) Failure to act.--If the Secretary fails to take final
action under paragraph (5) and to publish notice of the action
in the Federal Register before the expiration of the 12-month
period beginning on the date on which the proposed standard or
regulation is submitted to the Secretary under paragraph
(4)(A)--
``(A) the recommendations of the consensus
committee--
``(i) shall be considered to have been
adopted by the Secretary; and
``(ii) shall take effect upon the
expiration of the 180-day period that begins
upon the conclusion of such 12-month period;
and
``(B) not later than 10 days after the expiration
of such 12-month period, the Secretary shall cause to
be published in the Federal Register a notice of the
failure of the Secretary to act, the revised standard
or regulation, and the effective date of the revised
standard or regulation, which notice shall be deemed to
be an order of the Secretary approving the revised
standards or regulations proposed by the consensus
committee.
``(b) Other Orders.--
``(1) 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.
``(2) 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;
``(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, United States Code.
``(3) Required action.--The Secretary shall act on any
proposed regulation or interpretative bulletin submitted by the
consensus committee by approving or rejecting the proposal
within 120 days from the date the proposal is received by the
Secretary. The Secretary shall either--
``(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, United States Code; or
``(B) reject the proposed regulation or
interpretative bulletin and--
``(i) provide a written explanation of the
reasons for rejection to the consensus
committee; and
``(ii) cause the proposed regulation and
the written explanation for the rejection to be
published in the Federal Register.
``(4) Emergency orders.--If the Secretary determines, in
writing, that such action is necessary in order to respond to
an emergency which jeopardizes the public health or safety, or
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, the Secretary may issue
an order that is not developed under the procedures set forth
in subsection (a) or in this subsection, if the Secretary--
``(A) provides to the consensus committee a written
description and sets forth the reasons why emergency
actions is necessary and all supporting documentation;
and
``(B) issues and publishes the order in the Federal
Register.
``(5) Changes.--Any statement of policies, practices, or
procedures relating to construction and safety standards,
regulations, inspections, monitoring, or other enforcement
activities which constitutes a statement of general or
particular applicability to implement, interpret, or prescribe
law or policy by the Secretary is subject to the provisions of
subsection (a) or (b) of this subsection. Any change adopted in
violation of the provisions of subsection (a) or (b) of this
subsection is void.'';
(2) in subsection (d), by adding at the end the following:
``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 hereunder nor
the Federal superintendence of the manufactured housing
industry as established by 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 title and shall
be consistent with the design of the manufacturer.'';
(3) by striking subsection (e);
(4) in subsection (f), by striking the subsection
designation and all of the matter that precedes paragraph (1)
and inserting the following:
``(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--'';
(5) by striking subsection (g);
(6) in the first sentence of subsection (j), by striking
``subsection (f)'' and inserting ``subsection (e)''; and
(7) by redesignating subsections (h), (i), and (j), as
subsections (f), (g), and (h), respectively.
SEC. 5. ABOLISHMENT OF NATIONAL MANUFACTURED HOME ADVISORY COUNCIL.
Section 605 (42 U.S.C. 5404) is repealed.
SEC. 6. PUBLIC INFORMATION.
Section 607 (42 U.S.C. 5406) is amended--
(1) in subsection (a)--
(A) by inserting ``to the Secretary'' after
``submit''; and
(B) by adding at the end the following: ``The
Secretary shall submit such cost and other information
to the consensus committee for evaluation.'';
(2) in subsection (d), by inserting ``, the consensus
committee,'' after ``public''; and
(3) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
SEC. 7. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.
(a) In General.--Section 608(a) (42 U.S.C. 5407(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(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) Definitions.--Section 608 (42 U.S.C. 5407) is amended by adding
at the end the following:
``(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 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) otherwise insured under the National Housing
Act and made for or in connection with a manufactured
home.''.
SEC. 8. FEES.
Section 620 (42 U.S.C. 5419) is amended to read as follows:
``authority to collect fee
``Sec. 620. (a) In General.--In carrying out inspections under this
title, in developing standards and regulations pursuant to section 604,
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
title, including--
``(A) conducting inspections and monitoring;
``(B) providing funding to States for the
administration and implementation of approved State
plans under section 623, including reasonable funding
for cooperative educational and training programs
designed to facilitate uniform enforcement under this
title, 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 title;
``(C) providing the funding for a noncareer
administrator;
``(D) providing the funding for Federal staff
personnel for the manufactured housing program, subject
to subsection (e);
``(E) administering the consensus committee as set
forth in section 604; and
``(F) facilitating the acceptance of the quality,
durability, safety, and affordability of manufactured
housing within the Department; and
``(2) use amounts from any fee collected under paragraph
(1) to pay expenses referred to in paragraph (1), which shall
be exempt and separate from any limitations on the Department
of Housing and Urban Development 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
title.
``(c) Prohibited Use.--Amounts from any fee collected under this
section may not be used for any purpose or activity not specifically
authorized by this title, unless such activity was already engaged in
by the Secretary prior to the date of enactment of this title.
``(d) Modification.--Beginning on the date of enactment of the
Manufactured Housing Improvement Act, 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, United States Code.
``(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 title.
``(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.''.
SEC. 9. ELIMINATION OF ANNUAL REPORT REQUIREMENT.
The National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. 5401 et seq.) is amended--
(1) by striking section 626 (42 U.S.C. 5425); and
(2) by redesignating sections 627 and 628 (42 U.S.C. 5426,
5401 note) as sections 626 and 627, respectively.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act, except that the amendments shall have no effect
on any order or interpretative bulletin that is published as a proposed
rule pursuant to section 553 of title 5, United States Code, on or
before such date.
SEC. 11. SAVINGS PROVISION.
(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) and all regulations pertaining thereto in effect
immediately before the date of enactment of this Act shall apply until
the effective date of a standard or regulation modifying or superseding
the existing standard or regulation which 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 Act.
(b) Contracts.--Any contract awarded pursuant to a Request for
Proposal issued before the date of enactment of this Act shall remain
in effect for a period of 2 years from the date of enactment of this
Act or for the remainder of the contract term, whichever period is
shorter.
<all>
Subcommittee on Housing and Transportation. Hearings held. With printed Hearing: S.Hrg. 106-589.
Committee on Banking, Housing, and Urban Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Banking, Housing, and Urban Affairs. Reported to Senate by Senator Gramm with an amendment in the nature of a substitute. With written report No. 106-274. Additional views filed.
Committee on Banking, Housing, and Urban Affairs. Reported to Senate by Senator Gramm with an amendment in the nature of a substitute. With written report No. 106-274. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 517.
Measure laid before Senate by unanimous consent. (consideration: CR S3559-3567; text of measure as reported in Senate: S3559-3563)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S3563-3567)
Passed Senate with an amendment by Unanimous Consent. (text: CR S3563-3567)
Message on Senate action sent to the House.
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Received in the House.
Held at the desk.
Mr. Leach moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H10655-10690)
DEBATE - The House proceeded with forty minutes of debate on S. 1452.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR S10655-10683)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR S10655-10683)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Message on House action received in Senate and at desk: House amendments to Senate bill.