§ 5406. Submission of cost or other information by manufacturer

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 § 607 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5406

   Pub. L. 93–383, title VI, § 607, Aug. 22, 1974, 88 Stat. 703

   Source evidence

   Code source credit
   Pub. L. 93–383, title VI, § 607, Aug. 22, 1974, 88 Stat. 703

   Enacted provision · exact public law section
   Sec. 607. public information (a) Whenever any manufacturer is opposed to any action 42 USC 5406. of the Secretary under section 604 or under any other provision of this title on the grounds of increased cost or for other reasons, the manufacturer shall submit such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement. (b) Such information shall be available to the public unless the manufacturer establishes that it contains a trade secret or that disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage. Notice of the availability of Publication in Federal Register. such information shall be published promptly in the Federal Register. If the Secretary determines that any portion of such information contains a trade secret or that the disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or in such combined or summary form so as not to disclose the identity of any individual manufacturer, except that any such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress. (c) If the Secretary proposes to establish, amend, or revoke a Federal Safety standard, amendment or revocation; publication in Federal Register. mobile home construction and safety standard under section 604 on the basis of information submitted pursuant to subsection (a), he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment. (d) For purposes of this section, “cost information” means information “Cost information.” with respect to alleged cost increases resulting from action by the Secretary, in such a form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost to retail purchasers. (e) Nothing in this section shall be construed to restrict the authority of the Secretary to obtain or require submission of information under any other provision of this title.

2. 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. § 5406(c)

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

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–399 substituted “manufactured home” for “mobile home”.

   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”.

3. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 606(1) · 114 Stat. 2944

   1. Inserted · 42 U.S.C. § 5406(a)

      Pub. L. 106–569, § 606(1), inserted “to the Secretary” after “manufacturer shall submit”

   2. Inserted · 42 U.S.C. § 5406(a)

      Pub. L. 106–569, § 606(1), inserted at end “The Secretary shall submit such cost and other information to the consensus committee for evaluation.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–569, § 606(1), inserted “to the Secretary” after “manufacturer shall submit” and inserted at end “The Secretary shall submit such cost and other information to the consensus committee for evaluation.”

   Enacted provision · exact public law section
   (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.”;

   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.

4. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 606(3) · 114 Stat. 2944

   1. Redesignated · 42 U.S.C. § 5406(c)

      Pub. L. 106–569, § 606(3), redesignated subsec. (d) as (c)

   2. Struck · 42 U.S.C. § 5406(c)

      Pub. L. 106–569, § 606(3), struck out former subsec. (c) which read as follows: “If the Secretary proposes to establish, amend, or revoke a Federal manufactured home construction and safety standard under section 5403 of this title on the basis of information submitted pursuant to subsection (a) of this section, he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–569, § 606(3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “If the Secretary proposes to establish, amend, or revoke a Federal manufactured home construction and safety standard under section 5403 of this title on the basis of information submitted pursuant to subsection (a) of this section, he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment.”

   Enacted provision · exact public law section
   (3) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), 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.

5. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 606(3) · 114 Stat. 2944

   Redesignated · 42 U.S.C. § 5406(d)

   Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

   Enacted provision · exact public law section
   (3) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), 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.

6. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 606(2) · 114 Stat. 2944

   Inserted · 42 U.S.C. § 5406(d)

   Pub. L. 106–569, § 606(2), inserted “, the consensus committee,” after “permit the public”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–569, § 606(2), inserted “, the consensus committee,” after “permit the public”.

   Enacted provision · exact public law section
   (2) in subsection (d), by inserting “, the consensus committee,” after “public”; 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.

7. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 606(3) · 114 Stat. 2944

   Redesignated · 42 U.S.C. § 5406(e)

   Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d).

   Enacted provision · exact public law section
   (3) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), 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.

9 of 9 references resolved to an enrolled provision