§ 5403.
(a)
Establishment
(1)
Authority
The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of which—
(A)
shall—
(i)
be reasonable and practical;
(ii)
meet high standards of protection consistent with the purposes of this chapter; and
(iii)
be performance-based and objectively stated, unless clearly inappropriate; and
(B)
except as provided in subsection (b), shall be established in accordance with the consensus standards development process.
(2)
Consensus standards and regulatory development process
(A)
Initial agreement
Not later than 180 days after December 27, 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall—
(i)
terminate on the date on which a contract is entered into under subparagraph (B); and
(ii)
require the administering organization to—
(I)
recommend the initial members of the consensus committee under paragraph (3);
(II)
administer the consensus standards development process until the termination of that agreement; and
(III)
administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement.
(B)
Competitively procured contract
(C)
Performance review
The Secretary—
(i)
shall periodically review the performance of the administering organization; and
(ii)
may replace the administering organization with another qualified technical or building code organization, pursuant to competitive procedures, if the Secretary determines in writing that the administering organization is not fulfilling the terms of the agreement or contract to which the administering organization is subject or upon the expiration of the agreement or contract.
(3)
Consensus committee
(A)
Purpose
There is established a committee to be known as the “consensus committee”, which shall, in accordance with this chapter—
(i)
provide periodic recommendations to the Secretary to adopt, revise, and interpret the Federal manufactured housing construction and safety standards in accordance with this subsection;
(ii)
provide periodic recommendations to the Secretary to adopt, revise, and interpret the procedural and enforcement regulations, including regulations specifying the permissible scope and conduct of monitoring in accordance with subsection (b);
(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.
(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:
(iii)
General interest and public officials
(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.
(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.
(G)
Meetings
(i)
Notice; open to public
(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
(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
(ii)
Publication of rejected proposed revised standards
(C)
Presentation of public comments; publication of recommended revisions
(ii)
Publication by the Secretary
(iii)
Publication of rejected proposed revised standards
(5)
Review by the Secretary
(C)
Procedures
If the Secretary—
(i)
adopts a standard recommended by the consensus committee, the Secretary shall—
(I)
issue a final order without further rulemaking; and
(II)
cause the final order to be published in the Federal Register;
(ii)
determines that any standard should be rejected, the Secretary shall—
(I)
reject the standard; and
(II)
cause to be published in the Federal Register a notice to that effect, together with the reason or reasons for rejecting the proposed standard; or
(iii)
determines that a standard recommended by the consensus committee should be modified, the Secretary shall—
(I)
cause to be published in the Federal Register the proposed modified standard, together with an explanation of the reason or reasons for the determination of the Secretary; and
(II)
provide an opportunity for public comment in accordance with
section 553 of title 5.
(6)
Failure to act
If the Secretary fails to take final action under paragraph (5) and to cause notice of the action to be published in the Federal Register before the expiration of the 12-month period beginning on the date on which the proposed revised standard is submitted to the Secretary under paragraph (4)(A)—
(A)
the Secretary shall appear in person before the appropriate housing and appropriations subcommittees and committees of the House of Representatives and the Senate (referred to in this paragraph as the “committees”) on a date or dates to be specified by the committees, but in no event later than 30 days after the expiration of that 12-month period, and shall state before the committees the reasons for failing to take final action as required under paragraph (5); and
(B)
if the Secretary does not appear in person as required under subparagraph (A), the Secretary shall thereafter, and until such time as the Secretary does appear as required under subparagraph (A), be prohibited from expending any funds collected under authority of this title in an amount greater than that collected and expended in the fiscal year immediately preceding December 27, 2000, indexed for inflation as determined by the Congressional Budget Office.
(b)
Other orders
(2)
Interpretative bulletins
(3)
Review by consensus committee
Before issuing a procedural or enforcement regulation or an interpretative bulletin—
(A)
the Secretary shall—
(i)
submit the proposed procedural or enforcement regulation or interpretative bulletin to the consensus committee; and
(ii)
provide the consensus committee with a period of 120 days to submit written comments to the Secretary on the proposed procedural or enforcement regulation or the interpretative bulletin; and
(B)
if the Secretary rejects any significant comment provided by the consensus committee under subparagraph (A), the Secretary shall provide a written explanation of the reasons for the rejection to the consensus committee; and
(C)
following compliance with subparagraphs (A) and (B), the Secretary shall—
(i)
cause the proposed regulation or interpretative bulletin and the consensus committee’s written comments, along with the Secretary’s response thereto, to be published in the Federal Register; and
(4)
Required action
Not later than 120 days after the date on which the Secretary receives a proposed regulation or interpretative bulletin submitted by the consensus committee, the Secretary shall—
(A)
approve the proposal and cause the proposed regulation or interpretative bulletin to be published for public comment in accordance with
section 553 of title 5; or
(B)
reject the proposed regulation or interpretative bulletin and—
(i)
provide to the consensus committee a written explanation of the reasons for rejection; and
(ii)
cause to be published in the Federal Register the rejected proposed regulation or interpretive bulletin, the reasons for rejection, and any recommended modifications set forth.
(5)
Authority to act and emergency
If the Secretary determines, in writing, that such action is necessary to address an issue on which the Secretary determines that the consensus committee has not made a timely recommendation following a request by the Secretary, or in order to respond to an emergency that jeopardizes the public health or safety, the Secretary may issue an order that is not developed under the procedures set forth in subsection (a) or in this subsection, if the Secretary—
(A)
provides to the consensus committee a written description and sets forth the reasons why action is necessary and all supporting documentation; and
(B)
issues the order after notice and an opportunity for public comment in accordance with
section 553 of title 5, and causes the order to be published in the Federal Register.
(e)
Considerations in establishing and interpreting standards and regulations
The consensus committee, in recommending standards, regulations, and interpretations, and the Secretary, in establishing standards or regulations or issuing interpretations under this section, shall—
(1)
consider relevant available manufactured home construction and safety data, including the results of the research, development, testing, and evaluation activities conducted pursuant to this chapter, and those activities conducted by private organizations and other governmental agencies to determine how to best protect the public;
(2)
consult with such State or interstate agencies (including legislative committees) as he deems appropriate;
(3)
consider whether any such proposed standard is reasonable for the particular type of manufactured home or for the geographic region for which it is prescribed;
(4)
consider the probable effect of such standard on the cost of the manufactured home to the public; and
(5)
consider the extent to which any such standard will contribute to carrying out the purposes of this chapter.
(f)
Coverage; exclusion
The Secretary shall exclude from the coverage of this chapter any structure which the manufacturer certifies, in a form prescribed by the Secretary, to be:
(1)
designed only for erection or installation on a site-built permanent foundation;
(2)
not designed to be moved once so erected or installed;
(3)
designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a State or local modular building code recognized as generally equivalent to building codes for site-built housing, or with minimum property standards adopted by the Secretary pursuant to title II of the National Housing Act [
12 U.S.C. 1707 et seq.]; and
(4)
to the manufacturer’s knowledge is not intended to be used other than on a site-built permanent foundation.
(g)
Manufactured housing construction and safety standards
(1)
The Federal manufactured home construction and safety standards established by the Secretary under this section shall include preemptive energy conservation standards in accordance with this subsection.
(2)
The energy conservation standards established under this subsection shall be cost-effective energy conservation performance standards designed to ensure the lowest total of construction and operating costs.
(3)
The energy conservation standards established under this subsection shall take into consideration the design and factory construction techniques of manufactured homes and shall provide for alternative practices that result in net estimated energy consumption equal to or less than the specified standards.
([Pub. L. 93–383, title VI, § 604], Aug. 22, 1974, [88 Stat. 701]; [Pub. L. 95–128, title IX, § 902(a)], Oct. 12, 1977, [91 Stat. 1149]; [Pub. L. 96–399, title III, § 308(c)(4)], Oct. 8, 1980, [94 Stat. 1641]; [Pub. L. 98–479, title II, § 204](l), Oct. 17, 1984, [98 Stat. 2233]; [Pub. L. 100–242, title V, § 568], Feb. 5, 1988, [101 Stat. 1948]; [Pub. L. 102–550, title IX, § 907], Oct. 28, 1992, [106 Stat. 3873]; [Pub. L. 106–569, title VI, § 604], Dec. 27, 2000, [114 Stat. 2999].)