§ 5403. Construction and safety standards

Footnotes

1. 1 So in original. Probably should be “homes”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Housing and Community Development Act of 1974

   Pub. L. 93–383 title VI § 604 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5403

   Pub. L. 93–383, title VI, § 604, Aug. 22, 1974, 88 Stat. 701

   Source evidence

   Code source credit
   Pub. L. 93–383, title VI, § 604, Aug. 22, 1974, 88 Stat. 701

   Enacted provision · exact public law section
   Sec. 604. federal mobile home construction and safety standards (a) The Secretary, after consultation with the Consumer 42 USC 5403. Product Safety Commission, shall establish by order appropriate Federal mobile home construction and safety standards. Each such Federal mobile home standard shall be reasonable and shall meet the highest standards of protection, taking into account existing State and local laws relating to mobile home safety and construction. (b) All orders issued under this section shall be issued after notice Notice. and an opportunity for interested persons to participate are provided in accordance with the provisions of section 553 of title 5, United States Code. (c) Each order establishing a Federal mobile home construction and Standards, effective date. 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) Whenever a Federal mobile home construction and safety standard established under this title 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 mobile home covered, any standard regarding construction or safety applicable to the same aspect of performance of such mobile home which is not identical to the Federal mobile home construction and safety standard. (e) The Secretary may by order amend or revoke any Federal Amendment or revocation, effective date. mobile 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, than an earlier or later date is in the public interest, and publishes his reasons for such finding. (f) In establishing standards under this section, the Secretary shall— (1) consider relevant available mobile home construction and safety data, including the results of the research, development, testing, and evaluation activities conducted pursuant to this title, 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 mobile home or for the geographic region for which it is prescribed; (4) consider the probable effect of such standard on the cost of the mobile home to the public; and (5) consider the extent to which any such standard will contribute to carrying out the purposes of this title. (g) The Secretary shall issue an order establishing initial Federal mobile home construction and safety standards not later than one year after the date of enactment of this Act.

2. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 title IX § 902(a) · 91 Stat. 1111

   Added · 42 U.S.C. § 5403(h)

   Pub. L. 95–128 added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 95–128 added subsec. (h).

   Enacted provision · exact public law section
   (a) Section 604 of the Housing and Community Development 42 USC 5403. Act of 1974 is amended by adding at the end thereof the following: “(h) The Secretary shall exclude from the coverage of this title any Construction and safety standards coverage, exclusion. 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; and 12 USC 1707. “(4) to the manufacturer’s knowledge is not intended to be used other than on a site-built permanent foundation.”.

3. 1980

   Housing and Community Development Act of 1980

   Pub. L. 96–399 title III § 308(c)(4) · 94 Stat. 1614

   Substituted · 42 U.S.C. § 5403(a)(c)(g)

   Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (c) to (g). Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing.

   Enacted provision · exact public law section
   (4) Title VI of the Housing and Community Development Act of 1974 is amended by striking out “Mobile Home” each place it 42 USC 5401. appears, other than in section 601, and inserting in lieu thereof “Manufactured Home” and by striking out “mobile home” each place it appears and inserting in lieu thereof “manufactured home”.

4. 1984

   Housing and Community Development Technical Amendments Act of 1984

   Pub. L. 98–479 title II § 204 · 98 Stat. 2218

   Substituted · 42 U.S.C. § 5403(e)

   Pub. L. 98–479 substituted “that” for “than” before “an earlier or later date”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–479 substituted “that” for “than” before “an earlier or later date”.

   Enacted provision · exact public law section
   Sec. 204. miscellaneous technical corrections (a) (1) Section 4 of the National Housing Act is amended 12 USC 1705. by striking out “such” and inserting in lieu thereof “such”. (2) Section 203(n)(2)(A) of the National Housing Act is amended by striking out “an” and inserting in lieu thereof “a”. (3) The first sentence of section 207(i) of the National Housing Act is amended by inserting “section” before “221(g)”. (4) (A) The National Housing Act is amended by inserting the 12 USC 1715d. following section heading for section 214: “insurance of mortgages on property in alaska, guam, and hawaii”. (B) The third sentence of section 214 of the National Housing Act is amended by striking out “Nowithstanding” and inserting in lieu thereof “Notwithstanding”. (5) Section 217 of the National Housing Act is amended by inserting “section 244, section 245,” after “236,”. (6) Section 221(d)(3)(iii) of the National Housing Act is amended by striking out “rehabilited” and inserting in lieu thereof “rehabilitated”. (7) The first sentence of section 223(f)(2) of the National Housing 12 USC 1715n. 12 USC 1715z. Act is amended by inserting “a” before “multifamily”. (8) Section 235(i)(3)(C) of the National Housing Act is amended by striking out “Seretary” and inserting in lieu thereof “Secretary”. (9) Section 236(j)(5)(C) of the National Housing Act is amended by striking out “or residents” and inserting in lieu thereof “of residents”. (10) Section 240(a) of the National Housing Act is amended by striking out “purchasers” and inserting in lieu thereof “purchases”. (11) The first sentence of section 241(a) of the National Housing 12 USC 1715z–6. Act is amended by striking out “to made” and inserting in lieu thereof “to make”. (12) Section 241(b)(1) of the National Housing Act is amended by striking out “of facility” and inserting in lieu thereof “or facility”. (13) Section 242(d)(3)(A) of the National Housing Act is amended by striking out the comma at the end thereof and inserting in lieu thereof a semicolon. (14) Section 243(d)(2) of the National Housing Act is amended by redesignating subparagraphs (1) through (3) as subparagraphs (A) through (C), respectively. (15) Section 243(j)(3)(ii) of the National Housing Act is amended by striking out the period at the end thereof and inserting in lieu thereof and”. (16) The fourth sentence of section 302(b)(2) of the National Housing 12 USC 1717. Act is amended by striking out “Corporation” and inserting in lieu thereof “corporation”. (17) The National Housing Act is amended by inserting the following 12 USC 1731a. section heading for section 512: “penalties”. (18) The National Housing Act is amended by inserting the following 12 USC 1731b. section heading for the first section 513: “prohibition against transient housing”. (19) The National Housing Act is amended by redesignating the 12 USC 1732. 12 USC 1732 note. second section 513 as section 513A. Any reference in any law, regulation, order, document, record, or other paper of the United States to the section redesignated in this paragraph hereby is deemed to refer to section 513A of the National Housing Act. (20) The National Housing Act is amended by inserting the following 12 USC 1734. section heading for section 515: “amendment, extension, or increase of commitment amounts”. (21) The National Housing Act is amended by inserting the following 12 USC 1735. section heading for section 516: “payment of certain funds to treasury”. (22) Section 527 of the National Housing Act is amended by 12 USC 1735f–5. inserting “(a)” after the section designation. (23) The last sentence of section 904(d) of the National Housing Act is amended by striking out “auhorized” and inserting in lieu 12 USC 1750c. thereof “authorized”. (b) (1) The first sentence of section 6(a) of the United States Housing Act of 1937 is amended by striking out “convenants” and 42 USC 1437d. inserting in lieu thereof “covenants”. (2) Section 14(a) of the United States Housing Act of 1937 is 42 USC 1437l. amended by striking out the comma at the end of each of paragraphs (1) and (2) and inserting in lieu thereof a semicolon. (c) (1) The last sentence of section 105(f) of the Housing Act of 1949 42 USC 1455. is amended by striking out “Committees on Banking and Currency of the Senate and the House of Representatives” and inserting in lieu thereof the following: “Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives”. (2) Section 523(g) of the Housing Act of 1949 is amended by 42 USC 1490c. inserting “Housing” before “Land” the second place it appears. (3) The Housing Act of 1949 is amended by inserting the following section heading for section 528: “taxation of property held by 42 USC 14906. secretary”. (d) Section 402(a)(2) of the Housing Act of 1950 is amended by 12 USC 1749a. striking out “Administrator” each place it appears and inserting in lieu thereof “Secretary”. (e) Section 101(j)(1)(D) of the Housing and Community Development Act of 1965 is amended by striking out “divided” and inserting 12 USC 1701s. in lieu thereof “dividend”. (f) The second sentence of section 106(b)(1) of the Housing and Urban Development Act of 1968 is amended by striking out “architectual” 12 USC 1701x. and inserting in lieu thereof “architectural”. (g) The last sentence of section 1309(a) of the National Flood Insurance Act of 1968 is amended— 42 USC 4016. (1) by striking out “and Currency” and inserting in lieu thereof “, Finance and Urban Affairs”, and (2) by inserting a comma after “Housing”. (h) Section 308(f) of the Federal Home Loan Mortgage Corporation Act is amended by striking out “United States Code” and inserting 12 USC 1457. in lieu thereof “United States”. (i) Section 702(d)(8) of the National Urban Policy and New Community Development Act of 1970 is amended by striking out “of” the 42 USC 4502. last place it appears. (j) The last sentence of section 201(e) of the Flood Disaster Protection Act of 1973 is amended by striking out the quotation marks. 42 USC 4105. (k) (1) The first sentence of section 108(h) of the Housing and Community Development Act of 1974 is amended by striking out 42 USC 5308. “subsection (g)” and inserting in lieu thereof “subsection (j)”. (2) Section 117(B) of the Housing and Community Development Act of 1974 is amended by striking out “of 1965 (Public Law 81–428;” 42 USC 5317. and inserting in lieu thereof “, 1955 (Public Law 83–428;”. (l) Section 604(e) of the National Manufactured Housing Construction and Safety Standards Act of 1974 is amended by striking out 42 USC 5403. “than” the last place it appears and inserting in lieu thereof “that”. (m) (1) Section 107 of the Emergency Homeowners’ Relief Act 12 USC 2706. is amended— (A) by striking out “(a)(1)” and inserting in lieu thereof “(a)”; (B) by redesignating subparagaphs (A) through (C) of paragraph (1) as paragraphs (1) through (3), respectively; (C) by redesignating paragraph (2) as subsection (b); and (D) by redesignating subparagraphs (A) and (B) of paragraph (2) as paragraphs (1) and (2), respectively. (2) Section 110 of the Emergency Homeowners’ Relief Act is amended by striking out the subsection designation. (n) (1) Section 201(c) of the Housing and Community Development 12 USC 1715z–1a. Amendments of 1978 is amended by striking out “a” the first place it appears and inserting in lieu thereof “A”. (2) Section 201(j) of the Housing and Community Development Amendments of 1978 is amended by striking out “236(f)(3)(B)” and inserting in lieu thereof “236(f)(3)”. (3) Section 209(d) of the Housing and Community Development 12 USC 1701z–13. Amendments of 1978 is amended by striking out “conjuction” and inserting in lieu thereof “conjunction”. (4) Section 905(b)(1) of the Housing and Community Development 42 USC 3541. Amendments of 1978 is amended by inserting “of 1974” after “Act”.

5. 1988

   Housing and Community Development Act of 1987

   Pub. L. 100–242 title V § 568 · 101 Stat. 1815

   Added · 42 U.S.C. § 5403(i)

   Pub. L. 100–242 added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 100–242 added subsec. (i).

   Enacted provision · exact public law section
   SEC. 568. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS. Section 604 of the National Manufactured Housing Construction 42 USC 5403. and Safety Standards Act of 1974 is amended by adding at the end the following new subsection: “(i) (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.”.

6. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 title IX § 907 · 106 Stat. 3672

   Added · 42 U.S.C. § 5403(j)

   Pub. L. 102–550 added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 102–550 added subsec. (j).

   Enacted provision · exact public law section
   SEC. 907. MANUFACTURED HOUSING. Section 604 of the Housing and Community Development Act of 1974 (42 U.S.C. 5403) is amended by adding at the end the following new subsection: “(j) 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 (f). 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 the date of enactment of this subsection, the Secretary shall update the standards for hardboard aiding.”.

7. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 604(1) · 114 Stat. 2944

   1. Added · 42 U.S.C. § 5403(a)

      Pub. L. 106–569, § 604(1), added subsec. (a)

   2. Struck · 42 U.S.C. § 5403(a)

      Pub. L. 106–569, § 604(1), 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–569, § 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.”

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (b) and inserting the following: “(a) Establishment.— “(1) Authority.— The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of which— “(A) shall.— “(i) be reasonable and practical; “(ii) meet high standards of protection consistent with the purposes of this title; and “(iii) be performance-based and objectively stated, unless clearly inappropriate; and “(B) except as provided in subsection (b), shall be established in accordance with the consensus standards development process. “(2) Consensus standards and regulatory development process.— “(A) Initial agreement.— Not later than 180 days Deadline. after the date of the enactment of the Manufactured Housing Improvement Act of 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall— “(i) terminate on the date on which a contract is entered into under subparagraph (B); and “(ii) require the administering organization to— “(I) recommend the initial members of the consensus committee under paragraph (3); “(II) administer the consensus standards development process until the termination of that agreement; and “(III) administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement. “(B) Competitively procured contract.— Upon the expiration of the 4-year period beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the Secretary shall, using competitive procedures (as such term is defined in section 4 of the Office of Federal Procurement Policy Act), enter into a competitively awarded contract with an administering organization. The administering organization shall administer the consensus process for the development and interpretation of the Federal standards, the procedural and enforcement regulations, and regulations specifying the permissible scope and conduct of monitoring, in accordance with this title. “(C) Performance review.— The Secretary— “(i) shall periodically review the performance of the administering organization; and “(ii) may replace the administering organization with another qualified technical or building code organization, pursuant to competitive procedures, if the Secretary determines in writing that the administering organization is not fulfilling the terms of the agreement or contract to which the administering organization is subject or upon the expiration of the agreement or contract. “(3) Consensus committee.— “(A) Purpose.— There is established a committee to be known as the ‘consensus committee’, which shall, 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 subsection (b); “(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, United States Code, 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 Deadline. 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, United States Code. 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 Federal Register, publication. 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 Deadline. 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 Federal Register, publication. 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 Deadline. 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 Federal Register, publication. 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, United States Code. “(D) Final order.— Any final standard 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 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 the date of the enactment of the Manufactured Housing Improvement Act of 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 title. 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 Federal Register, publication. 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. “(4) Required action.— Not later than 120 days after the Deadline. 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, United States Code; 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 Federal Register, publication. 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) 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, United States Code, 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) or this subsection. Any change adopted in violation of subsection (a) or this subsection is void. “(7) Transition.— Until the date on which the consensus committee is appointed pursuant to section 604(a)(3), the Secretary may issue proposed orders, pursuant to notice and comment in accordance with section 553 of title 5, United States Code, that are not developed under the procedures set forth in this section for new and revised standards.”;

   Effective date note
   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.

8. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 604(1) · 114 Stat. 2944

   1. Added · 42 U.S.C. § 5403(b)

      Pub. L. 106–569, § 604(1), added subsec. (b)

   2. Struck · 42 U.S.C. § 5403(b)

      Pub. L. 106–569, § 604(1), 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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–569, § 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.”

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (b) and inserting the following: “(a) Establishment.— “(1) Authority.— The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of which— “(A) shall.— “(i) be reasonable and practical; “(ii) meet high standards of protection consistent with the purposes of this title; and “(iii) be performance-based and objectively stated, unless clearly inappropriate; and “(B) except as provided in subsection (b), shall be established in accordance with the consensus standards development process. “(2) Consensus standards and regulatory development process.— “(A) Initial agreement.— Not later than 180 days Deadline. after the date of the enactment of the Manufactured Housing Improvement Act of 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall— “(i) terminate on the date on which a contract is entered into under subparagraph (B); and “(ii) require the administering organization to— “(I) recommend the initial members of the consensus committee under paragraph (3); “(II) administer the consensus standards development process until the termination of that agreement; and “(III) administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement. “(B) Competitively procured contract.— Upon the expiration of the 4-year period beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the Secretary shall, using competitive procedures (as such term is defined in section 4 of the Office of Federal Procurement Policy Act), enter into a competitively awarded contract with an administering organization. The administering organization shall administer the consensus process for the development and interpretation of the Federal standards, the procedural and enforcement regulations, and regulations specifying the permissible scope and conduct of monitoring, in accordance with this title. “(C) Performance review.— The Secretary— “(i) shall periodically review the performance of the administering organization; and “(ii) may replace the administering organization with another qualified technical or building code organization, pursuant to competitive procedures, if the Secretary determines in writing that the administering organization is not fulfilling the terms of the agreement or contract to which the administering organization is subject or upon the expiration of the agreement or contract. “(3) Consensus committee.— “(A) Purpose.— There is established a committee to be known as the ‘consensus committee’, which shall, 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 subsection (b); “(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, United States Code, 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 Deadline. 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, United States Code. 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 Federal Register, publication. 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 Deadline. 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 Federal Register, publication. 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 Deadline. 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 Federal Register, publication. 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, United States Code. “(D) Final order.— Any final standard 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 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 the date of the enactment of the Manufactured Housing Improvement Act of 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 title. 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 Federal Register, publication. 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. “(4) Required action.— Not later than 120 days after the Deadline. 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, United States Code; 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 Federal Register, publication. 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) 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, United States Code, 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) or this subsection. Any change adopted in violation of subsection (a) or this subsection is void. “(7) Transition.— Until the date on which the consensus committee is appointed pursuant to section 604(a)(3), the Secretary may issue proposed orders, pursuant to notice and comment in accordance with section 553 of title 5, United States Code, that are not developed under the procedures set forth in this section for new and revised standards.”;

   Effective date note
   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.

9. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 604(2) · 114 Stat. 2944

   Inserted · 42 U.S.C. § 5403(d)

   Pub. L. 106–569, § 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.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–569, § 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.”

   Enacted provision · exact public law section
   (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 under this section nor the Federal superintendence of the manufactured housing industry as established by this title. Subject to section 605, 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.”;

   Effective date note
   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.

10. 2000

    American Homeownership and Economic Opportunity Act of 2000

    Pub. L. 106–569 § 604(3) · 114 Stat. 2944

    1. Redesignated · 42 U.S.C. § 5403(e)

       Pub. L. 106–569, § 604(3), (4), redesignated subsec. (f) as (e)

    2. Inserted · 42 U.S.C. § 5403(e)

       Pub. L. 106–569, § 604(3), (4), inserted heading

    3. Substituted · 42 U.S.C. § 5403(e)

       Pub. L. 106–569, § 604(3), (4), 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

    4. Struck · 42 U.S.C. § 5403(e)

       Pub. L. 106–569, § 604(3), (4), 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.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–569, § 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.”

    Enacted provision · exact public law section
    (3) by striking subsection (e);

    Effective date note
    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.

11. 2000

    American Homeownership and Economic Opportunity Act of 2000

    Pub. L. 106–569 § 604(7) · 114 Stat. 2944

    Redesignated · 42 U.S.C. § 5403(f)

    Pub. L. 106–569, § 604(7), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–569, § 604(7), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (7) by redesignating subsections (h), (i), and (j), as subsections (f), (g), and (h), respectively.

    Effective date note
    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.

12. 2000

    American Homeownership and Economic Opportunity Act of 2000

    Pub. L. 106–569 § 604(5) · 114 Stat. 2944

    1. Redesignated · 42 U.S.C. § 5403(g)

       Pub. L. 106–569, § 604(5), (7), redesignated subsec. (i) as (g)

    2. Struck · 42 U.S.C. § 5403(g)

       Pub. L. 106–569, § 604(5), (7), 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.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–569, § 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.”

    Enacted provision · exact public law section
    (5) by striking subsection (g);

    Effective date note
    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.

13. 2000

    American Homeownership and Economic Opportunity Act of 2000

    Pub. L. 106–569 § 604(7) · 114 Stat. 2944

    Redesignated · 42 U.S.C. § 5403(h)

    Pub. L. 106–569, § 604(7), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–569, § 604(7), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (f).

    Enacted provision · exact public law section
    (7) by redesignating subsections (h), (i), and (j), as subsections (f), (g), and (h), respectively.

    Effective date note
    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.

14. 2000

    American Homeownership and Economic Opportunity Act of 2000

    Pub. L. 106–569 § 604(7) · 114 Stat. 2944

    Redesignated · 42 U.S.C. § 5403(i)

    Pub. L. 106–569, § 604(7), redesignated subsec. (i) as (g)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 106–569, § 604(7), redesignated subsec. (i) as (g).

    Enacted provision · exact public law section
    (7) by redesignating subsections (h), (i), and (j), as subsections (f), (g), and (h), respectively.

    Effective date note
    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.

15. 2000

    American Homeownership and Economic Opportunity Act of 2000

    Pub. L. 106–569 § 604(6) · 114 Stat. 2944

    1. Substituted · 42 U.S.C. § 5403(j)

       Pub. L. 106–569, § 604(6), (7), substituted “subsection (e)” for “subsection (f)”

    2. Redesignated · 42 U.S.C. § 5403(j)

       Pub. L. 106–569, § 604(6), (7), redesignated subsec. (j) as (h)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 106–569, § 604(6), (7), substituted “subsection (e)” for “subsection (f)” and redesignated subsec. (j) as (h).

    Enacted provision · exact public law section
    (6) in the first sentence of subsection (j), by striking “subsection (f)” and inserting “subsection (e)”; and

    Effective date note
    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.

16. 2026

    Pub. L. 119–101 § 301(b) · 140 Stat. 888

    Added · 42 U.S.C. § 5403(a)(7)

    Pub. L. 119–101, § 301(b), added par. (7)

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 119–101, § 301(b), added par. (7).

17. 2026

    Pub. L. 119–101 § 301(c) · 140 Stat. 888

    Added · 42 U.S.C. § 5403(i)

    Pub. L. 119–101, § 301(c), added subsec. (i)

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 119–101, § 301(c), added subsec. (i).

22 of 24 references resolved to an enrolled provision · 2 unresolved