42 USC Chapter 70

§ 5321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(b) Actions by State historic preservation officer
and Secretary of the Interior
In prescribing and implementing such regulations with respect to applications submitted
under section 5318 of this title which identify
any property pursuant to subsection (c)(4)(B) of
such section, the Secretary of the Interior shall
provide at least that—
(1) the appropriate State historic preservation officer (as determined in accordance with
regulations prescribed by the Secretary of the
Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which
will be affected by the project for which the
application is made and which may meet the
criteria established by the Secretary of the Interior for inclusion on the National Register
of Historic Places (together with documentation relating to such inclusion), submit his or
her comments, together with such other information considered necessary by the officer, to
the applicant concerning such properties; and
(2) the Secretary of the Interior shall, not
later than 45 days after receiving from the applicant the information described in paragraph
(1) and the comments submitted to the applicant in accordance with paragraph (1), make a
determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on
the National Register of Historic Places.
(c) Regulations by Advisory Council on Historic
Preservation providing for expeditious action
The Advisory Council on Historic Preservation
shall prescribe regulations providing for expeditious action by the Council in making its comments under section 106 of the Act [16 U.S.C.
470f] referred to in subsection (a)(1) in the case
of properties which are included on, or eligible
for inclusion on, the National Register of Historic Places and which are affected by a project
for which an application is made under section
5318 of this title.
(Pub. L. 93–383, title I, § 121, as added Pub. L.
96–399, title I, § 110(c), Oct. 8, 1980, 94 Stat. 1620;
amended Pub. L. 97–35, title III, § 308(b), Aug. 13,
1981, 95 Stat. 396.)
REFERENCES IN TEXT
‘‘An Act to establish a program for the preservation
of additional historic properties throughout the Nation, and for other purposes’’, approved October 14, 1966,
as amended, referred to in subsec. (a)(1), probably
means Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, as
amended, known as the National Historic Preservation
Act, which is classified generally to subchapter II (§ 470
et seq.) of chapter 1A of Title 16, Conservation. For
complete classification of this Act to the Code see section 470(a) of Title 16 and Tables.
‘‘An Act to provide for the preservation of historical
and archaeological data (including relics and specimens) which might otherwise be lost as a result of the
construction of a dam’’, approved June 27, 1960, as
amended, referred to in subsec. (a)(2), is Pub. L. 86–523,
June 27, 1960, 74 Stat. 220, as amended, which enacted
sections 469 to 469c–1 of Title 16. For complete classification of this Act, see Tables.
AMENDMENTS
1981—Subsec. (b). Pub. L. 97–35 substituted ‘‘subsection (c)(4)(B)’’ for ‘‘subsection (c)(7)(B)’’.

Page 5638

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective on effective
date of regulations implementing such amendments,
see section 308(c) of Pub. L. 97–35, set out as a note
under section 5318 of this title.

§ 5321. Suspension of requirements for disaster
areas
For funds designated under this chapter by a
recipient to address the damage in an area for
which the President has declared a disaster
under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act [42 U.S.C.
5170 et seq.], the Secretary may suspend all requirements for purposes of assistance under section 5306 of this title for that area, except for
those related to public notice of funding availability, nondiscrimination, fair housing, labor
standards, environmental standards, and requirements that activities benefit persons of
low- and moderate-income.
(Pub. L. 93–383, title I, § 122, as added Pub. L.
103–233, title II, § 234, Apr. 11, 1994, 108 Stat. 369.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22,
1974, 88 Stat. 633, which is classified principally to this
chapter. For complete classification of title I to the
Code, see Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L.
93–288, May 22, 1974, 88 Stat. 143, as amended. Title IV
of the Act is classified generally to subchapter IV
(§ 5170 et seq.) of chapter 68 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 5121 of this title and Tables.
EFFECTIVE DATE
Section applicable with respect to any amounts made
available to carry out subchapter II (§ 12721 et seq.) of
chapter 130 of this title after Apr. 11, 1994, and any
amounts made available to carry out that subchapter
before that date that remain uncommitted on that
date, with Secretary to issue any regulations necessary
to carry out this section not later than end of 45-day
period beginning on that date, see section 209 of Pub. L.
103–233, set out as an Effective Date of 1994 Amendment
note under section 5301 of this title.

CHAPTER 70—MANUFACTURED HOME
CONSTRUCTION AND SAFETY STANDARDS
Sec.

5401.
5402.
5403.
5404.
5405.
5406.
5407.
5408.
5409.
5410.
5411.
5412.

Findings and purposes.
Definitions.
Construction and safety standards.
Manufactured home installation.
Judicial review of orders establishing standards; petition; additional evidence before
Secretary; certified copy of transcript.
Submission of cost or other information by
manufacturer.
Research, testing, development, and training
by Secretary.
Cooperation by Secretary with public and private agencies.
Prohibited acts; exemptions.
Civil and criminal penalties.
Injunctive relief.
Noncompliance with standards or defective
nature of manufactured home; administrative or judicial determination; repurchase
by manufacturer or repair by distributor or
retailer; reimbursement of expenses, etc.,
by manufacturer; injunctive relief against
manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation.

Page 5639

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

5413.
5414.
5415.
5416.
5417.
5418.
5419.
5420.
5421.
5422.
5423.
5424.
5425.
5426.

Inspections and investigations for promulgation or enforcement of standards or execution of other duties.
Notification and correction of defects by
manufacturer.
Certification by manufacturer of conformity
of manufactured home with standards; form
and placement of certification.
Consumer’s manual; contents.
Effect upon antitrust laws.
Use of services, research and testing facilities
of public agencies and independent laboratories.
Authority to collect fee.
Failure to report violations; penalties.
Prohibition on waiver of rights.
State enforcement.
Grants to States.
Rules and regulations.
Repealed.
Authorization of appropriations.

§ 5401. Findings and purposes
(a) Findings
Congress finds that—
(1) manufactured housing plays a vital role
in meeting the housing needs of the Nation;
and
(2) manufactured homes provide a significant resource for affordable homeownership
and rental housing accessible to all Americans.
(b) Purposes
The purposes of this chapter are—
(1) to protect the quality, durability, safety,
and affordability of manufactured homes;
(2) to facilitate the availability of affordable
manufactured homes and to increase homeownership for all Americans;
(3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes;
(4) to encourage innovative and cost-effective construction techniques for manufactured
homes;
(5) to protect residents of manufactured
homes with respect to personal injuries and
the amount of insurance costs and property
damages in manufactured housing, consistent
with the other purposes of this section;
(6) to establish a balanced consensus process
for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards;
(7) to ensure uniform and effective enforcement of Federal construction and safety
standards for manufactured homes; and
(8) to ensure that the public interest in, and
need for, affordable manufactured housing is
duly considered in all determinations relating
to the Federal standards and their enforcement.
(Pub. L. 93–383, title VI, § 602, Aug. 22, 1974, 88
Stat. 700; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, § 602, Dec. 27, 2000, 114 Stat.
2997.)
AMENDMENTS
2000—Pub. L. 106–569 amended section catchline and
text generally. Prior to amendment, text read as fol-

§ 5402

lows: ‘‘The Congress declares that the purposes of this
chapter are to reduce the number of personal injuries
and deaths and the amount of insurance costs and property damage resulting from manufactured home accidents and to improve the quality and durability of
manufactured homes. Therefore, the Congress determines that it is necessary to establish Federal construction and safety standards for manufactured homes
and to authorize manufactured home safety research
and development.’’
1980—Pub. L. 96–399 substituted ‘‘manufactured
home’’ for ‘‘mobile home’’ wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–569, title VI, § 612, Dec. 27, 2000, 114 Stat.
3012, provided that: ‘‘The amendments made by this
title [see Short Title of 2000 Amendment note below]
shall take effect on the date of the enactment of this
Act [Dec. 27, 2000], except that the amendments shall
have no effect on any order or interpretative bulletin
that is issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.) and published as a proposed rule
pursuant to section 553 of title 5, United States Code,
on or before that date of the enactment.’’
EFFECTIVE DATE
Pub. L. 93–383, title VI, § 627, formerly § 628, Aug. 22,
1974, 88 Stat. 714, renumbered § 627, Pub. L. 106–569, title
VI, § 611(2), Dec. 27, 2000, 114 Stat. 3012, provided that:
‘‘The provisions of this title [enacting this chapter and
provisions set out as a note under this section] shall
take effect upon the expiration of 180 days following
the date of enactment of this title [Aug. 22, 1974].’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–569, title VI, § 601(a), Dec. 27, 2000, 114 Stat.
2997, provided that: ‘‘This title [amending this section
and sections 5402 to 5404, 5406, 5407, 5409, 5412 to 5415,
5419, 5422, and 5426 of this title, repealing section 5425 of
this title, and enacting and amending provisions set
out as notes under this section] may be cited as the
‘Manufactured Housing Improvement Act of 2000’.’’
SHORT TITLE
Pub. L. 93–383, title VI, § 601, Aug. 22, 1974, 88 Stat. 700,
as amended by Pub. L. 96–399, title III, § 308(c)(5), Oct.
8, 1980, 94 Stat. 1641, provided that: ‘‘This title [enacting this chapter and provisions set out as a note under
this section] may be cited as the ‘National Manufactured Housing Construction and Safety Standards Act
of 1974’.’’
SAVINGS PROVISIONS
Pub. L. 106–569, title VI, § 613, Dec. 27, 2000, 114 Stat.
3012, provided that:
‘‘(a) STANDARDS AND REGULATIONS.—The Federal
manufactured home construction and safety standards
(as such term is defined in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of 1974 [42 U.S.C. 5402]) and all regulations pertaining thereto in effect on the day before the date of
the enactment of this Act [Dec. 27, 2000] shall apply
until the effective date of a standard or regulation
modifying or superseding the existing standard or regulation that is promulgated under subsection (a) or (b) of
section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended
by this title [42 U.S.C. 5403(a), (b)].
‘‘(b) CONTRACTS.—Any contract awarded pursuant to
a Request for Proposal issued before the date of the enactment of this Act [Dec. 27, 2000] shall remain in effect
until the earlier of—
‘‘(1) the expiration of the 2-year period beginning on
the date of the enactment of this Act; or
‘‘(2) the expiration of the contract term.’’

§ 5402. Definitions
As used in this chapter, the term—

§ 5402

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(1) ‘‘manufactured home construction’’
means all activities relating to the assembly
and manufacture of a manufactured home including but not limited to those relating to
durability, quality, and safety;
(2) ‘‘retailer’’ means any person engaged in
the sale, leasing, or distribution of new manufactured homes primarily to persons who in
good faith purchase or lease a manufactured
home for purposes other than resale;
(3) ‘‘defect’’ includes any defect in the performance, construction, components, or material of a manufactured home that renders the
home or any part thereof not fit for the ordinary use for which it was intended;
(4) ‘‘distributor’’ means any person engaged
in the sale and distribution of manufactured
homes for resale;
(5) ‘‘manufacturer’’ means any person engaged in manufacturing or assembling manufactured homes, including any person engaged
in importing manufactured homes for resale;
(6) ‘‘manufactured home’’ means a structure,
transportable in one or more sections, which,
in the traveling mode, is eight body feet or
more in width or forty body feet or more in
length, or, when erected on site, is three hundred twenty or more square feet, and which is
built on a permanent chassis and designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air-conditioning, and electrical systems contained therein; except that such term
shall include any structure which meets all
the requirements of this paragraph except the
size requirements and with respect to which
the manufacturer voluntarily files a certification required by the Secretary and complies
with the standards established under this
chapter; and except that such term shall not
include any self-propelled recreational vehicle;
(7) ‘‘Federal manufactured home construction and safety standard’’ means a reasonable
standard for the construction, design, and performance of a manufactured home which
meets the needs of the public including the
need for quality, durability, and safety;
(8) ‘‘manufactured home safety’’ means the
performance of a manufactured home in such
a manner that the public is protected against
any unreasonable risk of the occurrence of accidents due to the design or construction of
such manufactured home, or any unreasonable
risk of death or injury to the user or to the
public if such accidents do occur;
(9) ‘‘imminent safety hazard’’ means an imminent and unreasonable risk of death or severe personal injury;
(10) ‘‘purchaser’’ means the first person purchasing a manufactured home in good faith for
purposes other than resale;
(11) ‘‘Secretary’’ means the Secretary of
Housing and Urban Development;
(12) ‘‘State’’ includes each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa;
(13) ‘‘United States district courts’’ means
the Federal district courts of the United
States and the United States courts of the

Page 5640

Commonwealth of Puerto Rico, Guam, the
Virgin Islands, the Canal Zone, and American
Samoa;
(14) ‘‘administering organization’’ means the
recognized, voluntary, private sector, consensus standards body with specific experience in
developing model residential building codes
and standards involving all disciplines regarding construction and safety that administers
the consensus standards through a development process;
(15) ‘‘consensus committee’’ means the committee established under section 5403(a)(3) of
this title;
(16) ‘‘consensus standards development process’’ means the process by which additions, revisions, and interpretations to the Federal
manufactured home construction and safety
standards and enforcement regulations shall
be developed and recommended to the Secretary by the consensus committee;
(17) ‘‘primary inspection agency’’ means a
State agency or private organization that has
been approved by the Secretary to act as a design approval primary inspection agency or a
production inspection primary inspection
agency, or both;
(18) ‘‘design approval primary inspection
agency’’ means a State agency or private organization that has been approved by the Secretary to evaluate and either approve or disapprove manufactured home designs and quality control procedures;
(19) ‘‘installation standards’’ means reasonable specifications for the installation of a
manufactured home, at the place of occupancy, to ensure proper siting, the joining of
all sections of the home, and the installation
of stabilization, support, or anchoring systems;
(20) ‘‘monitoring’’ means the process of periodic review of the primary inspection agencies, by the Secretary or by a State agency
under an approved State plan pursuant to section 5422 of this title, in accordance with regulations promulgated under this chapter, giving
due consideration to the recommendations of
the consensus committee under section 5403(b)
of this title, which process shall be for the
purpose of ensuring that the primary inspection agencies are discharging their duties
under this chapter; and
(21) ‘‘production inspection primary inspection agency’’ means a State agency or private
organization that has been approved by the
Secretary to evaluate the ability of manufactured home manufacturing plants to comply
with approved quality control procedures and
with the Federal manufactured home construction and safety standards promulgated
hereunder, including the inspection of homes
in the plant.
(Pub. L. 93–383, title VI, § 603, Aug. 22, 1974, 88
Stat. 700; Pub. L. 96–399, title III, § 308(c)(4), (d),
Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
105–276, title V, § 599A(a), Oct. 21, 1998, 112 Stat.
2660; Pub. L. 106–569, title VI, § 603(a), Dec. 27,
2000, 114 Stat. 2998.)

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TITLE 42—THE PUBLIC HEALTH AND WELFARE
REFERENCES IN TEXT

For definition of Canal Zone, referred to in pars. (12)
and (13), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
2000—Par. (2). Pub. L. 106–569, § 603(a)(1), substituted
‘‘retailer’’ for ‘‘dealer’’.
Pars. (14) to (21). Pub. L. 106–569, § 603(a)(2)–(4), added
pars. (14) to (21).
1998—Par. (6). Pub. L. 105–276 inserted before semicolon at end ‘‘; and except that such term shall not include any self-propelled recreational vehicle’’.
1980—Pars. (1), (2), (3). Pub. L. 96–399, § 308(c)(4), substituted ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing.
Par. (6). Pub. L. 96–399, § 308(c)(4), (d), substituted
‘‘manufactured home’’ for ‘‘mobile home’’, substituted
‘‘in the traveling mode, is eight body feet or more in
width or forty body feet or more in length, or, when
erected on site, is three hundred twenty or more square
feet’’ for ‘‘is eight body feet or more in width and is
thirty-two body feet or more in length’’, and inserted
exception relating to inclusion of any structure meeting all requirements of this paragraph except size and
with respect to which a certification is voluntarily
filed and standards complied with.
Pars. (7), (8), (10). Pub. L. 96–399, § 308(c)(4), substituted ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–276, title V, § 599A(b), Oct. 21, 1998, 112
Stat. 2660, provided that: ‘‘The amendment made by
this section [amending this section] is made on, and
shall apply beginning upon, the date of the enactment
of this Act [Oct. 21, 1998].’’

§ 5403. Construction and safety standards
(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

§ 5403

(B) except as provided in subsection (b) of
this section, shall be established in accordance with the consensus standards development process.
(2) Consensus standards and regulatory development process
(A) Initial agreement
Not later than 180 days after December 27,
2000, the Secretary shall enter into a contract with an administering organization.
The contractual agreement shall—
(i) terminate on the date on which a contract is entered into under subparagraph
(B); and
(ii) require the administering organization to—
(I) recommend the initial members of
the consensus committee under paragraph (3);
(II) administer the consensus standards
development process until the termination of that agreement; and
(III) administer the consensus development and interpretation process for procedural and enforcement regulations and
regulations specifying the permissible
scope and conduct of monitoring until
the termination of that agreement.
(B) Competitively procured contract
Upon the expiration of the 4-year period
beginning on the date on which all members
of the consensus committee are appointed
under paragraph (3), the Secretary shall,
using competitive procedures (as such term
is defined in section 132 of title 41), enter
into a competitively awarded contract with
an administering organization. The administering organization shall administer the
consensus process for the development and
interpretation of the Federal standards, the
procedural and enforcement regulations, and
regulations specifying the permissible scope
and conduct of monitoring, in accordance
with this chapter.
(C) Performance review
The Secretary—
(i) shall periodically review the performance of the administering organization;
and
(ii) may replace the administering organization with another qualified technical
or building code organization, pursuant to
competitive procedures, if the Secretary
determines in writing that the administering organization is not fulfilling the terms
of the agreement or contract to which the
administering organization is subject or
upon the expiration of the agreement or
contract.
(3) Consensus committee
(A) Purpose
There is established a committee to be
known as the ‘‘consensus committee’’, which
shall, in accordance with this chapter—
(i) provide periodic recommendations to
the Secretary to adopt, revise, and interpret the Federal manufactured housing
construction and safety standards in accordance with this subsection;

§ 5403

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(ii) provide periodic recommendations to
the Secretary to adopt, revise, and interpret the procedural and enforcement regulations, including regulations specifying
the permissible scope and conduct of monitoring in accordance with subsection (b)
of this section;
(iii) be organized and carry out its business in a manner that guarantees a fair opportunity for the expression and consideration of various positions and for public
participation; and
(iv) be deemed to be an advisory committee not composed of Federal employees.
(B) Membership
The consensus committee shall be composed of—
(i) twenty-one voting members appointed
by the Secretary, after consideration of
the recommendations of the administering
organization, from among individuals who
are qualified by background and experience to participate in the work of the consensus committee; and
(ii) one nonvoting member appointed by
the Secretary to represent the Secretary
on the consensus committee.
(C) Disapproval
The Secretary shall state, in writing, the
reasons for failing to appoint any individual
recommended under paragraph (2)(A)(ii)(I).
(D) Selection procedures and requirements
Each member of the consensus committee
shall be appointed in accordance with selection procedures, which shall be based on the
procedures for consensus committees promulgated by the American National Standards Institute (or successor organization),
except that the American National Standards Institute interest categories shall be
modified for purposes of this paragraph to
ensure equal representation on the consensus committee of the following interest categories:
(i) Producers
Seven producers or retailers of manufactured housing.
(ii) Users
Seven persons representing consumer interests, such as consumer organizations,
recognized consumer leaders, and owners
who are residents of manufactured homes.
(iii) General interest and public officials
Seven general interest and public official
members.
(E) Balancing of interests
(i) In general
In order to achieve a proper balance of
interests on the consensus committee, the
Secretary, in appointing the members of
the consensus committee—
(I) shall ensure that all directly and
materially affected interests have the
opportunity for fair and equitable participation without dominance by any
single interest; and

Page 5642

(II) may reject the appointment of any
one or more individuals in order to ensure that there is not dominance by any
single interest.
(ii) Dominance defined
In this subparagraph, the term ‘‘dominance’’ means a position or exercise of
dominant authority, leadership, or influence by reason of superior leverage,
strength, or representation.
(F) Additional qualifications
(i) Financial independence
No individual appointed under subparagraph (D)(ii) shall have, and three of the
individuals appointed under subparagraph
(D)(iii) shall not have—
(I) a significant financial interest in
any segment of the manufactured housing industry; or
(II) a significant relationship to any
person engaged in the manufactured
housing industry.
(ii) Post-employment ban
Each individual described in clause (i)
shall be subject to a ban disallowing compensation from the manufactured housing
industry during the period of, and during
the 1-year following, the membership of
the individual on the consensus committee.
(G) Meetings
(i) Notice; open to public
The consensus committee shall provide
advance notice of each meeting of the consensus committee to the Secretary and
cause to be published in the Federal Register advance notice of each such meeting.
All meetings of the consensus committee
shall be open to the public.
(ii) Reimbursement
Members of the consensus committee in
attendance at meetings of the consensus
committee shall be reimbursed for their
actual expenses as authorized by section
5703 of title 5 for persons employed intermittently in Government service.
(H) Administration
The consensus committee and the administering organization shall—
(i) operate in conformance with the procedures established by the American National Standards Institute for the development and coordination of American National Standards; and
(ii) apply to the American National
Standards Institute and take such other
actions as may be necessary to obtain accreditation from the American National
Standards Institute.
(I) Staff and technical support
The administering organization shall,
upon the request of the consensus committee—
(i) provide reasonable staff resources to
the consensus committee; and
(ii) furnish technical support in a timely
manner to any of the interest categories

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

described in subparagraph (D) represented
on the consensus committee, if—
(I) the support is necessary to ensure
the informed participation of the consensus committee members; and
(II) the costs of providing the support
are reasonable.
(J) Date of initial appointments
The initial appointments of all the members of the consensus committee shall be
completed not later than 90 days after the
date on which a contractual agreement
under paragraph (2)(A) is entered into with
the administering organization.
(4) Revisions of standards
(A) In general
Beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the consensus
committee shall, not less than once during
each 2-year period—
(i) consider revisions to the Federal
manufactured home construction and safety standards; and
(ii) submit proposed revised standards, if
approved in a vote of the consensus committee by two-thirds of the members, to
the Secretary in the form of a proposed
rule, including an economic analysis.
(B) Publication of proposed revised standards
(i) Publication by the Secretary
The consensus committee shall provide a
proposed revised standard under subparagraph (A)(ii) to the Secretary who shall,
not later than 30 days after receipt, cause
such proposed revised standard to be published in the Federal Register for notice
and comment in accordance with section
553 of title 5. Unless clause (ii) applies, the
Secretary shall provide an opportunity for
public comment on such proposed revised
standard in accordance with such section
553 and any such comments shall be submitted directly to the consensus committee, without delay.
(ii) Publication of rejected proposed revised standards
If the Secretary rejects the proposed revised standard, the Secretary shall cause
to be published in the Federal Register the
rejected proposed revised standard, the
reasons for rejection, and any recommended modifications set forth.
(C) Presentation of public comments; publication of recommended revisions
(i) Presentation
Any public comments, views, and objections to a proposed revised standard published under subparagraph (B) shall be presented by the Secretary to the consensus
committee upon their receipt and in the
manner received, in accordance with procedures established by the American National Standards Institute.
(ii) Publication by the Secretary
The consensus committee shall provide
to the Secretary any revision proposed by

§ 5403

the consensus committee, which the Secretary shall, not later than 30 calendar
days after receipt, cause to be published in
the Federal Register a notice of the recommended revisions of the consensus committee to the standards, a notice of the
submission of the recommended revisions
to the Secretary, and a description of the
circumstances under which the proposed
revised standards could become effective.
(iii) Publication of rejected proposed revised standards
If the Secretary rejects the proposed revised standard, the Secretary shall cause
to be published in the Federal Register the
rejected proposed revised standard, the
reasons for rejection, and any recommended modifications set forth.
(5) Review by the Secretary
(A) In general
The Secretary shall either adopt, modify,
or reject a standard, as submitted by the
consensus
committee
under
paragraph
(4)(A).
(B) Timing
Not later than 12 months after the date on
which a standard is submitted to the Secretary by the consensus committee, the Secretary shall take action regarding such
standard under subparagraph (C).
(C) Procedures
If the Secretary—
(i) adopts a standard recommended by
the consensus committee, the Secretary
shall—
(I) issue a final order without further
rulemaking; and
(II) cause the final order to be published in the Federal Register;
(ii) determines that any standard should
be rejected, the Secretary shall—
(I) reject the standard; and
(II) cause to be published in the Federal Register a notice to that effect, together with the reason or reasons for rejecting the proposed standard; or
(iii) determines that a standard recommended by the consensus committee
should be modified, the Secretary shall—
(I) cause to be published in the Federal
Register the proposed modified standard,
together with an explanation of the reason or reasons for the determination of
the Secretary; and
(II) provide an opportunity for public
comment in accordance with section 553
of title 5.
(D) Final order
Any final standard under this paragraph
shall become effective pursuant to subsection (c) of this section.
(6) Failure to act
If the Secretary fails to take final action
under paragraph (5) and to cause notice of the
action to be published in the Federal Register
before the expiration of the 12-month period

§ 5403

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 12month period, and shall state before the
committees the reasons for failing to take
final action as required under paragraph (5);
and
(B) if the Secretary does not appear in person as required under subparagraph (A), the
Secretary shall thereafter, and until such
time as the Secretary does appear as required under subparagraph (A), be prohibited
from expending any funds collected under
authority of this title in an amount greater
than that collected and expended in the fiscal year immediately preceding December
27, 2000, indexed for inflation as determined
by the Congressional Budget Office.
(b) Other orders
(1) Regulations
The Secretary may issue procedural and enforcement regulations and revisions to existing regulations as necessary to implement the
provisions of this chapter. The consensus committee may submit to the Secretary proposed
procedural and enforcement regulations and
recommendations for the revision of such regulations.
(2) Interpretative bulletins
The Secretary may issue interpretative bulletins to clarify the meaning of any Federal
manufactured home construction and safety
standard or procedural and enforcement regulation. The consensus committee may submit
to the Secretary proposed interpretative bulletins to clarify the meaning of any Federal
manufactured home construction and safety
standard or procedural and enforcement regulation.
(3) Review by consensus committee
Before issuing a procedural or enforcement
regulation or an interpretative bulletin—
(A) the Secretary shall—
(i) submit the proposed procedural or enforcement regulation or interpretative
bulletin to the consensus committee; and
(ii) provide the consensus committee
with a period of 120 days to submit written
comments to the Secretary on the proposed procedural or enforcement regulation or the interpretative bulletin; and
(B) if the Secretary rejects any significant
comment provided by the consensus committee under subparagraph (A), the Secretary
shall provide a written explanation of the
reasons for the rejection to the consensus
committee; and
(C) following compliance with subparagraphs (A) and (B), the Secretary shall—
(i) cause the proposed regulation or interpretative bulletin and the consensus

Page 5644

committee’s written comments, along
with the Secretary’s response thereto, to
be published in the Federal Register; and
(ii) provide an opportunity for public
comment in accordance with section 553 of
title 5.
(4) Required action
Not later than 120 days after the date on
which the Secretary receives a proposed regulation or interpretative bulletin submitted by
the consensus committee, the Secretary
shall—
(A) approve the proposal and cause the
proposed regulation or interpretative bulletin to be published for public comment in
accordance with section 553 of title 5; or
(B) reject the proposed regulation or interpretative bulletin and—
(i) provide to the consensus committee a
written explanation of the reasons for rejection; and
(ii) cause to be published in the Federal
Register the rejected proposed regulation
or interpretive bulletin, the reasons for rejection, and any recommended modifications set forth.
(5) Authority to act and emergency
If the Secretary determines, in writing, that
such action is necessary to address an issue on
which the Secretary determines that the consensus committee has not made a timely recommendation following a request by the Secretary, or in order to respond to an emergency
that jeopardizes the public health or safety,
the Secretary may issue an order that is not
developed under the procedures set forth in
subsection (a) of this section or in this subsection, if the Secretary—
(A) provides to the consensus committee a
written description and sets forth the reasons why action is necessary and all supporting documentation; and
(B) issues the order after notice and an opportunity for public comment in accordance
with section 553 of title 5, and causes the
order to be published in the Federal Register.
(6) Changes
Any statement of policies, practices, or procedures relating to construction and safety
standards, regulations, inspections, monitoring, or other enforcement activities that constitutes a statement of general or particular
applicability to implement, interpret, or prescribe law or policy by the Secretary is subject to subsection (a) of this section or this
subsection. Any change adopted in violation of
subsection (a) of this section or this subsection is void.
(7) Transition
Until the date on which the consensus committee is appointed pursuant to subsection
(a)(3) of this section, the Secretary may issue
proposed orders, pursuant to notice and comment in accordance with section 553 of title 5
that are not developed under the procedures
set forth in this section for new and revised
standards.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Effective date of orders establishing standards
Each order establishing a Federal manufactured home construction and safety standard
shall specify the date such standard is to take
effect, which shall not be sooner than one hundred and eighty days or later than one year after
the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.
(d) Supremacy of Federal standards
Whenever a Federal manufactured home construction and safety standard established under
this chapter is in effect, no State or political
subdivision of a State shall have any authority
either to establish, or to continue in effect, with
respect to any manufactured home covered, any
standard regarding the construction or safety
applicable to the same aspect of performance of
such manufactured home which is not identical
to the Federal manufactured home construction
and safety standard. Federal preemption under
this subsection shall be broadly and liberally
construed to ensure that disparate State or
local requirements or standards do not affect
the uniformity and comprehensiveness of the
standards promulgated under this section nor
the Federal superintendence of the manufactured housing industry as established by this
chapter. Subject to section 5404 of this title,
there is reserved to each State the right to establish standards for the stabilizing and support
systems of manufactured homes sited within
that State, and for the foundations on which
manufactured homes sited within that State are
installed, and the right to enforce compliance
with such standards, except that such standards
shall be consistent with the purposes of this
chapter and shall be consistent with the design
of the manufacturer.
(e) Considerations in establishing and interpreting standards and regulations
The consensus committee, in recommending
standards, regulations, and interpretations, and
the Secretary, in establishing standards or regulations or issuing interpretations under this section, shall—
(1) consider relevant available manufactured
home construction and safety data, including
the results of the research, development, testing, and evaluation activities conducted pursuant to this chapter, and those activities conducted by private organizations and other governmental agencies to determine how to best
protect the public;
(2) consult with such State or interstate
agencies (including legislative committees) as
he deems appropriate;
(3) consider whether any such proposed
standard is reasonable for the particular type
of manufactured home or for the geographic
region for which it is prescribed;
(4) consider the probable effect of such
standard on the cost of the manufactured
home to the public; and
(5) consider the extent to which any such
standard will contribute to carrying out the
purposes of this chapter.

§ 5403

(f) Coverage; exclusion
The Secretary shall exclude from the coverage
of this chapter any structure which the manufacturer certifies, in a form prescribed by the
Secretary, to be:
(1) designed only for erection or installation
on a site-built permanent foundation;
(2) not designed to be moved once so erected
or installed;
(3) designed and manufactured to comply
with a nationally recognized model building
code or an equivalent local code, or with a
State or local modular building code recognized as generally equivalent to building codes
for site-built housing, or with minimum property standards adopted by the Secretary pursuant to title II of the National Housing Act
[12 U.S.C. 1707 et seq.]; and
(4) to the manufacturer’s knowledge is not
intended to be used other than on a site-built
permanent foundation.
(g) Manufactured housing construction and safety standards
(1) The Federal manufactured home construction and safety standards established by the
Secretary under this section shall include preemptive energy conservation standards in accordance with this subsection.
(2) The energy conservation standards established under this subsection shall be cost-effective energy conservation performance standards
designed to ensure the lowest total of construction and operating costs.
(3) The energy conservation standards established under this subsection shall take into consideration the design and factory construction
techniques of manufactured homes and shall
provide for alternative practices that result in
net estimated energy consumption equal to or
less than the specified standards.
(h) New performance standards for hardboard
siding
The Secretary shall develop a new standard
for hardboard panel siding on manufactured
housing taking into account durability, longevity, consumer’s costs for maintenance and any
other relevant information pursuant to subsection (e) of this section. The Secretary shall
consult with the National Manufactured Home
Advisory Council and the National Commission
on Manufactured Housing in establishing the
new standard. The new performance standard
developed shall ensure the durability of hardboard sidings for at least a normal life of a
mortgage with minimum maintenance required.
Not later than 180 days from October 28, 1992,
the Secretary shall update the standards for
hardboard siding.
(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.)
REFERENCES IN TEXT
The National Housing Act, referred to in subsec.
(f)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246, as

§ 5404

TITLE 42—THE PUBLIC HEALTH AND WELFARE

amended. Title II of the National Housing Act is classified principally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see section 1701
of Title 12 and Tables.
CODIFICATION
In subsec. (a)(2)(B), ‘‘section 132 of title 41’’ substituted for ‘‘section 4 of the Office of Federal Procurement Policy Act’’ on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
AMENDMENTS
2000—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.’’
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.’’
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.’’
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.’’
Subsec. (f). Pub. L. 106–569, § 604(7), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).
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.’’
Subsec. (h). Pub. L. 106–569, § 604(7), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (f).
Subsec. (i). Pub. L. 106–569, § 604(7), redesignated subsec. (i) as (g).
Subsec. (j). Pub. L. 106–569, § 604(6), (7), substituted
‘‘subsection (e) of this section’’ for ‘‘subsection (f) of
this section’’ and redesignated subsec. (j) as (h).

Page 5646

1992—Subsec. (j). Pub. L. 102–550 added subsec. (j).
1988—Subsec. (i). Pub. L. 100–242 added subsec. (i).
1984—Subsec. (e). Pub. L. 98–479 substituted ‘‘that’’
for ‘‘than’’ before ‘‘an earlier or later date’’.
1980—Subsecs. (a), (c) to (g). Pub. L. 96–399 substituted
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing.
1977—Subsec. (h). Pub. L. 95–128 added subsec. (h).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.
EXCEPTION TO FEDERAL PREEMPTION FOR THERMAL
INSULATION AND ENERGY EFFICIENCY STANDARDS
Pub. L. 102–486, title I, § 104(c), Oct. 24, 1992, 106 Stat.
2792, provided that: ‘‘If the Secretary of Housing and
Urban Development has not issued, within 1 year after
the date of the enactment of this Act [Oct. 24, 1992],
final regulations pursuant to section 604 of the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5403) that establish
thermal insulation and energy efficiency standards for
manufactured housing that take effect before January
1, 1995, then States may establish thermal insulation
and energy efficiency standards for manufactured housing if such standards are at least as stringent as thermal performance standards for manufactured housing
contained in the Second Public Review Draft of BSR/
ASHRAE 90.2P entitled ‘Energy Efficient Design of
Low-Rise Residential Buildings’ and all public reviews
of Independent Substantive Changes to such document
that have been approved on or before the date of the enactment of this Act.’’

§ 5404. Manufactured home installation
(a) Provision of installation design and instructions
A manufacturer shall provide with each manufactured home, design and instructions for the
installation of the manufactured home that
have been approved by a design approval primary inspection agency. After establishment of
model standards under subsection (b)(2) of this
section, a design approval primary inspection
agency may not give such approval unless a design and instruction provides equal or greater
protection than the protection provided under
such model standards.
(b) Model manufactured home installation standards
(1) Proposed model standards
Not later than 18 months after the date on
which the initial appointments of all the
members of the consensus committee are completed, the consensus committee shall develop
and submit to the Secretary proposed model
manufactured home installation standards,
which shall, to the maximum extent practicable, taking into account the factors described in section 5403(e) of this title, be consistent with—
(A) the manufactured home designs that
have been approved by a design approval primary inspection agency; and
(B) the designs and instructions for the installation of manufactured homes provided
by manufacturers under subsection (a) of
this section.

Page 5647

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Establishment of model standards
Not later than 12 months after receiving the
proposed model standards submitted under
paragraph (1), the Secretary shall develop and
establish model manufactured home installation standards, which shall, to the maximum
extent practicable, taking into account the
factors described in section 5403(e) of this
title, be consistent with—
(A) the manufactured home designs that
have been approved by a design approval primary inspection agency; and
(B) the designs and instructions for the installation of manufactured homes provided
by manufacturers under subsection (a) of
this section.
(3) Factors for consideration
(A) Consensus committee
In developing the proposed model standards under paragraph (1), the consensus committee shall consider the factors described
in section 5403(e) of this title.
(B) Secretary
In developing and establishing the model
standards under paragraph (2), the Secretary
shall consider the factors described in section 5403(e) of this title.
(4) Issuance
The model manufactured home installation
standards shall be issued after notice and an
opportunity for public comment in accordance
with section 553 of title 5.
(c) Manufactured home installation programs
(1) Protection of manufactured housing residents during initial period
During the 5-year period beginning on December 27, 2000, no State or manufacturer may
establish or implement any installation standards that, in the determination of the Secretary, provide less protection to the residents
of manufactured homes than the protection
provided by the installation standards in effect with respect to the State or manufacturer, as applicable, on December 27, 2000.
(2) Installation standards
(A) Establishment of installation program
Not later than the expiration of the 5-year
period described in paragraph (1), the Secretary shall establish an installation program that meets the requirements of paragraph (3) for the enforcement of installation
standards in each State described in subparagraph (B) of this paragraph.
(B) Implementation of installation program
Beginning on the expiration of the 5-year
period described in paragraph (1), the Secretary shall implement the installation program established under subparagraph (A) in
each State that does not have an installation program established by State law that
meets the requirements of paragraph (3).
(C) Contracting out of implementation
In carrying out subparagraph (B), the Secretary may contract with an appropriate
agent to implement the installation pro-

§ 5405

gram established under that subparagraph,
except that such agent shall not be a person
or entity other than a government, nor an
affiliate or subsidiary of such a person or entity, that has entered into a contract with
the Secretary to implement any other regulatory program under this chapter.
(3) Requirements
An installation program meets the requirements of this paragraph if it is a program regulating the installation of manufactured
homes that includes—
(A) installation standards that, in the determination of the Secretary, provide protection to the residents of manufactured
homes that equals or exceeds the protection
provided to those residents by—
(i) the model manufactured home installation standards established by the Secretary under subsection (b)(2) of this section; or
(ii) the designs and instructions provided
by manufacturers under subsection (a) of
this section, if the Secretary determines
that such designs and instructions provide
protection to the residents of manufactured homes that equals or exceeds the
protection provided by the model manufactured home installation standards established by the Secretary under subsection
(b)(2) of this section;
(B) the training and licensing of manufactured home installers; and
(C) inspection of the installation of manufactured homes.
(Pub. L. 93–383, title VI, § 605, Aug. 22, 1974, 88
Stat. 702; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI,
§ 605(a), Dec. 27, 2000, 114 Stat. 3006.)
AMENDMENTS
2000—Pub. L. 106–569 amended section catchline and
text generally, substituting provisions relating to manufactured home installation for provisions relating to
National Manufactured Home Advisory Council.
1980—Subsecs. (a) to (c). Pub. L. 96–399 substituted
‘‘Manufactured Home’’ for ‘‘Mobile Home’’ and ‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5405. Judicial review of orders establishing
standards; petition; additional evidence before Secretary; certified copy of transcript
(a)(1) In a case of actual controversy as to the
validity of any order under section 5403 of this
title, any person who may be adversely affected
by such order when it is effective may at any
time prior to the sixtieth day after such order is
issued file a petition with the United States
court of appeals for the circuit wherein such
person resides or has his principal place of business, for judicial review of such order. A copy of
the petition shall be forthwith transmitted by
the clerk of the court to the Secretary or other

§ 5406

TITLE 42—THE PUBLIC HEALTH AND WELFARE

officer designated by him for that purpose. The
Secretary thereupon shall file in the court the
record of the proceedings on which the Secretary based his order, as provided in section
2112 of title 28.
(2) If the petitioner applies to the court for
leave to adduce additional evidence, and shows
to the satisfaction of the court that such additional evidence is material and that there were
reasonable grounds for the failure to adduce
such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be
taken before the Secretary, and to be adduced
upon the hearing, in such manner and upon such
terms and conditions as to the court may seem
proper. The Secretary may modify his findings
as to the facts, or make new findings, by reason
of the additional evidence so taken, and he shall
file such modified or new findings, and his recommendation, if any, for the modification or
setting aside of his original order, with the return of such additional evidence.
(3) Upon the filing of the petition referred to
in paragraph (1) of this subsection, the court
shall have jurisdiction to review the order in accordance with the provisions of sections 701
through 706 of title 5, and to grant appropriate
relief.
(4) The judgment of the court affirming or setting aside, in whole or in part, any such order of
the Secretary shall be final, subject to review by
the Supreme Court of the United States upon
certiorari or certification as provided in section
1254 of title 28.
(5) Any action instituted under this subsection
shall survive, notwithstanding any change in
the person occupying the office of Secretary or
any vacancy in such office.
(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.
(b) A certified copy of the transcript of the
record and proceedings under this section shall
be furnished by the Secretary to any interested
party at his request and payment of the costs
thereof, and shall be admissible in any criminal,
exclusion of imports, or other proceeding arising
under or in respect of this chapter, irrespective
of whether proceedings with respect to the order
have previously been initiated or become final
under subsection (a) of this section.
(Pub. L. 93–383, title VI, § 606, Aug. 22, 1974, 88
Stat. 702.)
§ 5406. Submission of cost or other information
by manufacturer
(a) Purpose of submission; detail of information
Whenever any manufacturer is opposed to any
action of the Secretary under section 5403 of this
title or under any other provision of this chapter on the grounds of increased cost or for other
reasons, the manufacturer shall submit to the
Secretary such cost and other information (in
such detail as the Secretary may by rule or
order prescribe) as may be necessary in order to
properly evaluate the manufacturer’s statement. The Secretary shall submit such cost and
other information to the consensus committee
for evaluation.

Page 5648

(b) Conditions upon availability to public of submitted information
Such information shall be available to the
public unless the manufacturer establishes that
it contains a trade secret or that disclosure of
any portion of such information would put the
manufacturer at a substantial competitive disadvantage. Notice of the availability of such information shall be published promptly in the
Federal Register. If the Secretary determines
that any portion of such information contains a
trade secret or that the disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage,
such portion may be disclosed to the public only
in such manner as to preserve the confidentiality of such trade secret or in such combined or
summary form so as not to disclose the identity
of any individual manufacturer, except that any
such information may be disclosed to other officers or employees concerned with carrying out
this chapter or when relevant in any proceeding
under this chapter. Nothing in this subsection
shall authorize the withholding of information
by the Secretary or any officer or employee
under his control from the duly authorized committees of the Congress.
(c) ‘‘Cost information’’ defined
For purposes of this section, ‘‘cost information’’ means information with respect to alleged
cost increases resulting from action by the Secretary, in such a form as to permit the public,
the consensus committee, and the Secretary to
make an informed judgment on the validity of
the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost
to retail purchasers.
(d) Power of Secretary to obtain or require submission of information under other provisions unaffected
Nothing in this section shall be construed to
restrict the authority of the Secretary to obtain
or require submission of information under any
other provision of this chapter.
(Pub. L. 93–383, title VI, § 607, Aug. 22, 1974, 88
Stat. 703; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI,
§ 606, Dec. 27, 2000, 114 Stat. 3009.)
AMENDMENTS
2000—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.’’
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.’’
Subsec. (d). Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Pub. L. 106–569, § 606(2), inserted ‘‘, the consensus
committee,’’ after ‘‘permit the public’’.
Subsec. (e). Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d).

Page 5649

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1980—Subsec. (c). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5407. Research, testing, development, and training by Secretary
(a) Scope
The Secretary shall conduct research, testing,
development, and training necessary to carry
out the purposes of this chapter, including, but
not limited to—
(1) collecting data from any source for the
purpose of determining the relationship between manufactured home performance characteristics and (A) accidents involving manufactured homes, and (B) the occurrence of
death, personal injury, or damage resulting
from such accidents;
(2) procuring (by negotiation or otherwise)
experimental and other manufactured homes
for research and testing purposes;
(3) selling or otherwise disposing of test
manufactured homes and reimbursing the proceeds of such sale or disposal into the current
appropriation available for the purpose of carrying out this chapter;
(4) encouraging the government-sponsored
housing entities to actively develop and implement secondary market securitization programs for the FHA manufactured home loans
and those of other loan programs, as appropriate, thereby promoting the availability of
affordable manufactured homes to increase
homeownership for all people in the United
States; and
(5) reviewing the programs for FHA manufactured home loans and developing any
changes to such programs to promote the affordability of manufactured homes, including
changes in loan terms, amortization periods,
regulations, and procedures.
(b) Contracts and grants with States, interstate
agencies, and independent institutions
The Secretary is authorized to conduct research, testing, development, and training as
authorized to be carried out by subsection (a) of
this section by contracting for or making grants
for the conduct of such research, testing, development, and training to States, interstate agencies, and independent institutions.
(c) Definitions
For purposes of this section, the following
definitions shall apply:
(1) Government-sponsored housing entities
The term ‘‘government-sponsored housing
entities’’ means the Government National
Mortgage Association of the Department of
Housing and Urban Development, the Federal
National Mortgage Association, and the Federal Home Loan Mortgage Corporation.
(2) FHA manufactured home loan
The term ‘‘FHA manufactured home loan’’
means a loan that—

§ 5408

(A) is insured under title I of the National
Housing Act [12 U.S.C. 1702 et seq.] and is
made for the purpose of financing alterations, repairs, or improvements on or in
connection with an existing manufactured
home, the purchase of a manufactured home,
the purchase of a manufactured home and a
lot on which to place the home, or the purchase only of a lot on which to place a manufactured home; or
(B) is otherwise insured under the National
Housing Act [12 U.S.C. 1701 et seq.] and made
for or in connection with a manufactured
home.
(Pub. L. 93–383, title VI, § 608, Aug. 22, 1974, 88
Stat. 704; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, § 607, Dec. 27, 2000, 114 Stat.
3009.)
REFERENCES IN TEXT
The National Housing Act, referred to in subsec.
(c)(2), is act June 27, 1934, ch. 847, 48 Stat. 1246, as
amended, which is classified principally to chapter 13
(§ 1701 et seq.) of Title 12, Banks and Banking. Title I of
the Act is classified generally to subchapter I (§ 1702 et
seq.) of chapter 13 of Title 12. For complete classification of this Act to the Code, see section 1701 of Title 12
and Tables.
CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
subsec. (a)(1) to (3), changed to ‘‘manufactured homes’’
in view of the amendment of title VI of the Housing
and Community Development Act of 1974 (this chapter)
by section 308(c)(4) of Pub. L. 96–399 requiring the substitution of ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of
Pub. L. 97–35 (set out as a note under section 1703 of
Title 12, Banks and Banking) providing that the terms
‘‘mobile home’’ and ‘‘manufactured home’’ shall be
deemed to include the terms ‘‘mobile homes’’ and
‘‘manufactured homes’’, respectively.
AMENDMENTS
2000—Subsec. (a)(4), (5). Pub. L. 106–569, § 607(a), added
pars. (4) and (5).
Subsec. (c). Pub. L. 106–569, § 607(b), added subsec. (c).
1980—Subsec. (a)(1). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5408. Cooperation by Secretary with public and
private agencies
The Secretary is authorized to advise, assist,
and cooperate with other Federal agencies and
with State and other interested public and private agencies, in the planning and development
of—
(1) manufactured home construction and
safety standards; and
(2) methods for inspecting and testing to determine compliance with manufactured home
standards.
(Pub. L. 93–383, title VI, § 609, Aug. 22, 1974, 88
Stat. 704; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641.)

§ 5409

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

1980—Pub. L. 96–399 substituted ‘‘manufactured
home’’ for ‘‘mobile home’’ in two places.

§ 5409. Prohibited acts; exemptions
(a) No person shall—
(1) make use of any means of transportation
or communication affecting interstate or foreign commerce or the mails to manufacture
for sale, lease, sell, offer for sale or lease, or
introduce or deliver, or import into the United
States, any manufactured home which is manufactured on or after the effective date of any
applicable Federal manufactured home construction and safety standard under this chapter and which does not comply with such
standard, except as provided in subsection (b)
of this section, where such manufacture, lease,
sale, offer for sale or lease, introduction, delivery, or importation affects commerce;
(2) fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit
entry or inspection, as required under section
5413 of this title;
(3) fail to furnish notification of any defect
as required by section 5414 of this title;
(4) fail to issue a certification required by
section 5415 of this title, or issue a certification to the effect that a manufactured home
conforms to all applicable Federal manufactured home construction and safety standards,
if such person in the exercise of due care has
reason to know that such certification is false
or misleading in a material respect;
(5) fail to comply with a final order issued by
the Secretary under this chapter;
(6) issue a certification pursuant to subsection (h) of section 5403 of this title, if such
person in the exercise of due care has reason
to know that such certification is false or misleading in a material respect; or
(7) after the expiration of the period specified in section 5404(c)(2)(B) of this title, fail to
comply with the requirements for the installation program required by section 5404 of this
title in any State that has not adopted and
implemented a State installation program.
(b)(1) Paragraph (1) of subsection (a) of this
section shall not apply to the sale, the offer for
sale, or the introduction or delivery for introduction in interstate commerce of any manufactured home after the first purchase of it in good
faith for purposes other than resale.
(2) For purposes of section 5410 of this title,
paragraph (1) of subsection (a) of this section
shall not apply to any person who establishes
that he did not have reason to know in the exercise of due care that such manufactured home is
not in conformity with applicable Federal manufactured home construction and safety standards, or to any person who, prior to such first
purchase, holds a certificate issued by the manufacturer or importer of such manufactured
home to the effect that such manufactured
home conforms to all applicable Federal manufactured home construction and safety standards, unless such person knows that such manufactured home does not so conform.
(3) A manufactured home offered for importation in violation of paragraph (1) of subsection

Page 5650

(a) of this section shall be refused admission
into the United States under joint regulations
issued by the Secretary of the Treasury and the
Secretary, except that the Secretary of the
Treasury and the Secretary may, by such regulations, provide for authorizing the importation
of such manufactured home into the United
States upon such terms and conditions (including the furnishing of a bond) as may appear to
them appropriate to insure that any such manufactured home will be brought into conformity
with any applicable Federal manufactured home
construction or safety standard prescribed under
this chapter, or will be exported from, or forfeited to, the United States.
(4) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any manufactured home after the
first purchase of it in good faith for purposes
other than resale.
(5) Paragraph (1) of subsection (a) of this section shall not apply in the case of a manufactured home intended solely for export, and so labeled or tagged on the manufactured home itself
and on the outside of the container, if any, in
which it is to be exported.
(c) Compliance with any Federal manufactured home construction or safety standard issued under this chapter does not exempt any
person from any liability under common law.
(Pub. L. 93–383, title VI, § 610, Aug. 22, 1974, 88
Stat. 704; Pub. L. 95–128, title IX, § 902(b), Oct. 12,
1977, 91 Stat. 1149; Pub. L. 96–399, title III,
§ 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L.
106–569, title VI, § 608, Dec. 27, 2000, 114 Stat.
3009.)
AMENDMENTS
2000—Subsec. (a)(7). Pub. L. 106–569 added par. (7).
1980—Subsecs. (a)(1), (4), (b)(1) to (5), (c). Pub. L.
96–399 substituted ‘‘manufactured home’’ for ‘‘mobile
home’’ wherever appearing.
1977—Subsec. (a)(6). Pub. L. 95–128 added par. (6).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5410. Civil and criminal penalties
(a) Whoever violates any provision of section
5409 of this title, or any regulation or final order
issued thereunder, shall be liable to the United
States for a civil penalty of not to exceed $1,000
for each such violation. Each violation of a provision of section 5409 of this title, or any regulation or order issued thereunder shall constitute,
a separate violation with respect to each manufactured home or with respect to each failure or
refusal to allow or perform an act required
thereby, except that the maximum civil penalty
may not exceed $1,000,000 for any related series
of violations occurring within one year from the
date of the first violation.
(b) An individual or a director, officer, or
agent of a corporation who knowingly and willfully violates section 5409 of this title in a manner which threatens the health or safety of any

Page 5651

TITLE 42—THE PUBLIC HEALTH AND WELFARE

purchaser shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
(Pub. L. 93–383, title VI, § 611, Aug. 22, 1974, 88
Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641.)
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’.

§ 5411. Injunctive relief
(a) Jurisdiction; petition of United States attorney or Attorney General; notice by Secretary
to affected persons to present views
The United States district courts shall have
jurisdiction, for cause shown and subject to the
provisions of rule 65(a) and (b) of the Federal
Rules of Civil Procedure, to restrain violations
of this chapter, or to restrain the sale, offer for
sale, or the importation into the United States,
of any manufactured home which is determined,
prior to the first purchase of such manufactured
home in good faith for purposes other than resale, not to conform to applicable Federal manufactured home construction and safety standards prescribed pursuant to this chapter or to
contain a defect which constitutes an imminent
safety hazard, upon petition by the appropriate
United States attorney or the Attorney General
on behalf of the United States. Whenever practicable, the Secretary shall give notice to any
person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to
give such notice and afford such opportunity
shall not preclude the granting of appropriate
relief.
(b) Criminal contempt proceedings; conduct of
trial
In any proceeding for criminal contempt for
violation of an injunction or restraining order
issued under this section, which violation also
constitutes a violation of this chapter, trial
shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted
in accordance with the practice and procedure
applicable in the case of proceedings subject to
the provisions of rule 42(b) of the Federal Rules
of Criminal Procedure.
(c) Venue
Actions under subsection (a) of this section
and section 5410 of this title may be brought in
the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in
such cases may be served in any other district of
which the defendant is an inhabitant or wherever the defendant may be found.
(d) Subpenas
In any action brought by the United States
under subsection (a) of this section or section
5410 of this title, subpenas by the United States
for witnesses who are required to attend at
United States district court may run into any
other district.

§ 5412

(e) Designation by manufacturer of agent for
service of administrative and judicial processes, etc.; filing and amendment of designation; failure to make designation
It shall be the duty of every manufacturer offering a manufactured home for importation
into the United States to designate in writing
an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on
behalf of such manufacturer, and to file such
designation with the Secretary, which designation may from time to time be changed by like
writing, similarly filed. Service of all administrative and judicial processes, notices, orders,
decisions, and requirements may be made upon
such manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon
such manufacturer, and in default of such designation of such agent, service of process or any
notice, order, requirement, or decision in any
proceeding before the Secretary or in any judicial proceeding pursuant to this chapter may be
made by mailing such process, notice, order, requirement, or decision to the Secretary by registered or certified mail.
(Pub. L. 93–383, title VI, § 612, Aug. 22, 1974, 88
Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641.)
REFERENCES IN TEXT
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (a), is set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.
Rule 42 of the Federal Rules of Criminal Procedure,
referred to in subsec. (b), is set out in the Appendix to
Title 18, Crimes and Criminal Procedure.
AMENDMENTS
1980—Subsecs. (a), (e). Pub. L. 96–399 substituted
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing.

§ 5412. Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase
by manufacturer or repair by distributor or
retailer; reimbursement of expenses, etc., by
manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction
and venue; damages; period of limitation
(a) If the Secretary or a court of appropriate
jurisdiction determines that any manufactured
home does not conform to applicable Federal
manufactured home construction and safety
standards, or that it contains a defect which
constitutes an imminent safety hazard, after the
sale of such manufactured home by a manufacturer to a distributor or a retailer and prior to
the sale of such manufactured home by such distributor or retailer to a purchaser—
(1) the manufacturer shall immediately repurchase such manufactured home from such
distributor or retailer at the price paid by
such distributor or retailer, plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per
month of such price paid prorated from the
date of receipt by certified mail of notice of
such nonconformance to the date of repurchase by the manufacturer; or

§ 5413

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) the manufacturer, at his own expense,
shall immediately furnish the purchasing distributor or retailer the required conforming
part or parts or equipment for installation by
the distributor or retailer on or in such manufactured home, and for the installation involved the manufacturer shall reimburse such
distributor or retailer for the reasonable value
of such installation plus a reasonable reimbursement of not less than 1 per centum per
month of the manufacturer’s or distributor’s
selling price prorated from the date of receipt
by certified mail of notice of such nonconformance to the date such vehicle is
brought into conformance with applicable
Federal standards, so long as the distributor
or retailer proceeds with reasonable diligence
with the installation after the required part or
equipment is received.
The value of such reasonable reimbursements as
specified in paragraphs (1) and (2) of this subsection shall be fixed by mutual agreement of
the parties, or, failing such agreement, by the
court pursuant to the provisions of subsection
(b) of this section.
(b) If any manufacturer fails to comply with
the requirements of subsection (a) of this section, then the distributor or retailer, as the case
may be, to whom such manufactured home has
been sold may bring an action seeking a court
injunction compelling compliance with such requirements on the part of such manufacturer.
Such action may be brought in any district
court in the United States in the district in
which such manufacturer resides, or is found, or
has an agent, without regard to the amount in
controversy, and the person bringing the action
shall also be entitled to recover any damage sustained by him, as well as all court costs plus
reasonable attorneys’ fees. Any action brought
pursuant to this section shall be forever barred
unless commenced within three years after the
cause of action shall have accrued.
(Pub. L. 93–383, title VI, § 613, Aug. 22, 1974, 88
Stat. 706; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI,
§ 603(b)(1), Dec. 27, 2000, 114 Stat. 2999.)
AMENDMENTS
2000—Subsecs. (a), (b). Pub. L. 106–569 substituted ‘‘retailer’’ for ‘‘dealer’’ wherever appearing.
1980—Subsecs. (a), (b). Pub. L. 96–399 substituted
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5413. Inspections and investigations for promulgation or enforcement of standards or execution of other duties
(a) Authority of Secretary; results furnished to
Attorney General and Secretary of the Treasury for appropriate action
The Secretary is authorized to conduct such
inspections and investigations as may be nec-

Page 5652

essary to promulgate or enforce Federal manufactured home construction and safety standards established under this chapter or otherwise
to carry out his duties under this chapter. He
shall furnish the Attorney General and, when
appropriate, the Secretary of the Treasury any
information obtained indicating noncompliance
with such standards for appropriate action.
(b) Designation by Secretary of persons to enter
and inspect factories, etc.; presentation of
credentials; reasonableness and scope of inspection
(1) For purposes of enforcement of this chapter, persons duly designated by the Secretary,
upon presenting appropriate credentials to the
owner, operator, or agent in charge, are authorized—
(A) to enter, at reasonable times and without advance notice, any factory, warehouse, or
establishment in which manufactured homes
are manufactured, stored, or held, for sale; and
(B) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or establishment, and to inspect such books, papers,
records, and documents as are set forth in subsection (c) of this section. Each such inspection shall be commenced and completed with
reasonable promptness.
(2) The Secretary is authorized to contract
with State and local governments and private
inspection organizations to carry out his functions under this subsection.
(c) Powers of Secretary
For the purpose of carrying out the provisions
of this chapter, the Secretary is authorized—
(1) to hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena
or otherwise, the attendance and testimony of
such witnesses and the production of such
books, papers, correspondence, memorandums,
contracts, agreements, or other records, as the
Secretary or such officer or employee deems
advisable. Witnesses summoned pursuant to
this subsection shall be paid the same fees and
mileage that are paid witnesses in the courts
of the United States;
(2) to examine and copy any documentary
evidence of any person having materials or information relevant to any function of the Secretary under this chapter;
(3) to require, by general or special orders,
any person to file, in such form as the Secretary may prescribe, reports or answers in
writing to specific questions relating to any
function of the Secretary under this chapter.
Such reports and answers shall be made under
oath or otherwise, and shall be filed with the
Secretary within such reasonable period as the
Secretary may prescribe;
(4) to request from any Federal agency any
information he deems necessary to carry out
his functions under this chapter, and each
such agency is authorized and directed to cooperate with the Secretary and to furnish such
information upon request made by the Secretary, and the head of any Federal agency is
authorized to detail, on a reimbursable basis,

Page 5653

TITLE 42—THE PUBLIC HEALTH AND WELFARE

any personnel of such agency to assist in carrying out the duties of the Secretary under
this chapter; and
(5) to make available to the public any information which may indicate the existence of a
defect which relates to manufactured home
construction or safety or of the failure of a
manufactured home to comply with applicable
manufactured home construction and safety
standards. The Secretary shall disclose so
much of other information obtained under this
subsection to the public as he determines will
assist in carrying out this chapter; but he
shall not (under the authority of this sentence) make available or disclosure to the public any information which contains or relates
to a trade secret or any information the disclosure of which would put the person furnishing such information at a substantial competitive disadvantage, unless he determines that
it is necessary to carry out the purpose of this
chapter.
(d) Refusal to obey subpena or order of Secretary; order of compliance by district court;
failure to obey order of compliance punishable as contempt
Any of the district courts of the United States
within the jurisdiction of which an inquiry is
carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary
issued under paragraph (1) or paragraph (3) of
subsection (c) of this section, issue an order requiring compliance therewith; and any failure to
obey such order of the court may be punished by
such court as a contempt thereof.
(e) Submission by manufacturer of building
plans for manufactured homes; certification
by manufacturer of conformity of building
plans to standards
Each manufacturer of manufactured homes
shall submit the building plans for every model
of such manufactured homes to the Secretary or
his designee for the purpose of inspection under
this section. The manufacturer must certify
that each such building plan meets the Federal
construction and safety standards in force at
that time before the model involved is produced.
(f) Records, reports and information from manufacturers, distributors and retailers of manufactured homes; inspection and examination
of relevant books, papers, records and documents by designated person
Each manufacturer, distributor, and retailer
of manufactured homes shall establish and
maintain such records, make such reports, and
provide such information as the Secretary may
reasonably require to enable him to determine
whether such manufacturer, distributor, or retailer has acted or is acting in compliance with
this chapter and Federal manufactured home
construction and safety standards prescribed
pursuant to this chapter and shall, upon request
of a person duly designated by the Secretary,
permit such person to inspect appropriate
books, papers, records, and documents relevant
to determining whether such manufacturer, distributor, or retailer has acted or is acting in
compliance with this chapter and manufactured
home construction and safety standards prescribed pursuant to this chapter.

§ 5413

(g) Performance and technical data from manufacturer; persons required to receive notification of data
Each manufacturer of manufactured homes
shall provide to the Secretary such performance
data and other technical data related to performance and safety as may be required to carry
out the purposes of this chapter. These shall include records of tests and test results which the
Secretary may require to be performed. The Secretary is authorized to require the manufacturer
to give notification of such performance and
technical data to—
(1) each prospective purchaser of a manufactured home before its first sale for purposes
other than resale, at each location where any
such manufacturer’s manufactured homes are
offered for sale by a person with whom such
manufacturer has a contractual, proprietary,
or other legal relationship and in a manner determined by the Secretary to be appropriate,
which may include, but is not limited to,
printed matter (A) available for retention by
such prospective purchaser, and (B) sent by
mail to such prospective purchaser upon his
request; and
(2) the first person who purchases a manufactured home for purposes other than resale,
at the time of such purchase or in printed
matter placed in the manufactured home.
(h) Disclosure of confidential information and
trade secrets
All information reported to or otherwise obtained by the Secretary or his representative
pursuant to subsection (b), (c), (f), or (g) of this
section which contains or relates to a trade secret, or which, if disclosed, would put the person
furnishing such information at a substantial
competitive disadvantage, shall be considered
confidential, except that such information may
be disclosed to other officers or employees concerned with carrying out this chapter or when
relevant in any proceeding under this chapter.
Nothing in this section shall authorize the withholding of information by the Secretary or any
officer or employee under his control from the
duly authorized committees of the Congress.
(Pub. L. 93–383, title VI, § 614, Aug. 22, 1974, 88
Stat. 707; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, § 603(b)(2), Dec. 27, 2000, 114 Stat.
2999.)
CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
2000—Subsec. (f). Pub. L. 106–569 substituted ‘‘retailer’’ for ‘‘dealer’’ wherever appearing.

§ 5414

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1980—Subsecs. (a), (c)(5), (f), (g). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5414. Notification and correction of defects by
manufacturer
(a) Notice to purchaser within reasonable time
after discovery of defect
Every manufacturer of manufactured homes
shall furnish notification of any defect in any
manufactured home produced by such manufacturer which he determines, in good faith, relates
to a Federal manufactured home construction or
safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such manufactured home, within a reasonable time after such manufacturer has discovered such defect.
(b) Notification by mail
The notification required by subsection (a) of
this section shall be accomplished—
(1) by mail to the first purchaser (not including any retailer or distributor of such manufacturer) of the manufactured home containing the defect, and to any subsequent purchaser to whom any warranty on such manufactured home has been transferred;
(2) by mail to any other person who is a registered owner of such manufactured home and
whose name and address has been ascertained
pursuant to procedures established under subsection (f) of this section; and
(3) by mail or other more expeditious means
to the retailer or retailers of such manufacturer to whom such manufactured home was
delivered.
(c) Form and requisites of notification
The notification required by subsection (a) of
this section shall contain a clear description of
such defect or failure to comply, an evaluation
of the risk to manufactured home occupants’
safety reasonably related to such defect, and a
statement of the measures needed to repair the
defect. The notification shall also inform the
owner whether the defect is a construction or
safety defect which the manufacturer will have
corrected at no cost to the owner of the manufactured home under subsection (g) of this section or otherwise, or is a defect which must be
corrected at the expense of the owner.
(d) Copy to Secretary of all notices, bulletins,
and communications sent by manufacturer
to retailers and purchasers concerning defects; disclosure to public by Secretary
Every manufacturer of manufactured homes
shall furnish to the Secretary a true or representative copy of all notices, bulletins, and
other communications to the retailers of such
manufacturer or purchasers of manufactured
homes of such manufacturer regarding any defect in any such manufactured home produced

Page 5654

by such manufacturer. The Secretary shall disclose to the public so much of the information
contained in such notices or other information
obtained under section 5413 of this title as he
deems will assist in carrying out the purposes of
this chapter, but he shall not disclose any information which contains or relates to a trade secret, or which, if disclosed, would put such manufacturer at a substantial competitive disadvantage, unless he determines that it is necessary
to carry out the purposes of this chapter.
(e) Notice by Secretary to manufacturers of noncompliance with standards or defective nature of manufactured home; contents of notice; presentation by manufacturer of views;
notice to purchasers of defects
If the Secretary determines that any manufactured home—
(1) does not comply with an applicable Federal manufactured home construction and
safety standard prescribed pursuant to section
5403 of this title; or
(2) contains a defect which constitutes an
imminent safety hazard,
then he shall immediately notify the manufacturer of such manufactured home of such defect
or failure to comply. The notice shall contain
the findings of the Secretary and shall include
all information upon which the findings are
based. The Secretary shall afford such manufacturer an opportunity to present his views and
evidence in support thereof, to establish that
there is no failure of compliance. If after such
presentation by the manufacturer the Secretary
determines that such manufactured home does
not comply with applicable Federal manufactured home construction or safety standards, or
contains a defect which constitutes an imminent safety hazard, the Secretary shall direct
the manufacturer to furnish the notification
specified in subsections (a) and (b) of this section.
(f) Maintenance by manufacturers of record of
names and addresses of first purchasers of
manufactured homes; procedures for ascertaining names and addresses of subsequent
purchasers; establishment and reasonableness of procedures for maintaining records
Every manufacturer of manufactured homes
shall maintain a record of the name and address
of the first purchaser of each manufactured
home (for purposes other than resale), and, to
the maximum extent feasible, shall maintain
procedures for ascertaining the name and address of any subsequent purchaser thereof and
shall maintain a record of names and addresses
so ascertained. Such records shall be kept for
each home produced by a manufacturer. The
Secretary may establish by order procedures to
be followed by manufacturers in establishing
and maintaining such records, including procedures to be followed by distributors and retailers to assist manufacturers to secure the information required by this subsection. Such procedures shall be reasonable for the particular type
of manufactured home for which they are prescribed.

Page 5655

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(g) Correction of defects by manufacturer; conditions; procedures; contract or legal rights of
purchasers or other persons unaffected
A manufacturer required to furnish notification of a defect under subsection (a) or (e) of this
section shall also bring the manufactured home
into compliance with applicable standards and
correct the defect or have the defect corrected
within a reasonable period of time at no expense
to the owner, but only if—
(1) the defect presents an unreasonable risk
of injury or death to occupants of the affected
manufactured home or homes;
(2) the defect can be related to an error in
design or assembly of the manufactured home
by the manufacturer.
The Secretary may direct the manufacturer to
make such corrections after providing an opportunity for oral and written presentation of views
by interested persons. Nothing in this section
shall limit the rights of the purchaser or any
other person under any contract or applicable
law.
(h) Submission to Secretary by manufacturer of
plan for notifying owners of defects and repair of defects; approval of manufacturer’s
remedy plan; effectuation and implementation of remedy plan
The manufacturer shall submit his plan for
notifying owners of the defect and for repairing
such defect (if required under subsection (g) of
this section) to the Secretary for his approval
before implementing such plan. Whenever a
manufacturer is required under subsection (g) of
this section to correct a defect, the Secretary
shall approve with or without modification,
after consultation with the manufacturer of the
manufactured home involved, such manufacturer’s remedy plan including the date when, and
the method by which, the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty
days after the date of discovery or determination of the defect or failure to comply, unless
the Secretary grants an extension of such period
for good cause shown and publishes a notice of
such extension in the Federal Register. Such
manufacturer is bound to implement such remedy plan as approved by the Secretary.
(i) Defective or inadequately repaired manufactured homes; replacement with new or equivalent home or refund of purchase price
Where a defect or failure to comply in a manufactured home cannot be adequately repaired
within sixty days from the date of discovery or
determination of the defect, the Secretary may
require that the manufactured home be replaced
with a new or equivalent home without charge,
or that the purchase price be refunded in full,
less a reasonable allowance for depreciation
based on actual use if the home has been in the
possession of the owner for more than one year.
(Pub. L. 93–383, title VI, § 615, Aug. 22, 1974, 88
Stat. 709; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, § 603(b)(3), Dec. 27, 2000, 114 Stat.
2999.)

§ 5415

CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
2000—Subsec. (b)(1). Pub. L. 106–569, § 603(b)(3)(A), substituted ‘‘retailer’’ for ‘‘dealer’’.
Subsec. (b)(3). Pub. L. 106–569, § 603(b)(3)(B), substituted ‘‘retailer or retailers’’ for ‘‘dealer or dealers’’.
Subsecs. (d), (f). Pub. L. 106–569, § 603(b)(3)(C), substituted ‘‘retailers’’ for ‘‘dealers ’’.
1980—Subsecs. (a) to (i). Pub. L. 96–399 substituted
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.

§ 5415. Certification by manufacturer of conformity of manufactured home with standards;
form and placement of certification
Every manufacturer of manufactured homes
shall furnish to the distributor or retailer at the
time of delivery of each such manufactured
home produced by such manufacturer certification that such manufactured home conforms
to all applicable Federal construction and safety
standards. Such certification shall be in the
form of a label or tag permanently affixed to
each such manufactured home.
(Pub. L. 93–383, title VI, § 616, Aug. 22, 1974, 88
Stat. 711; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, § 603(b)(4), Dec. 27, 2000, 114 Stat.
2999.)
CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
2000—Pub. L. 106–569 substituted ‘‘retailer’’ for ‘‘dealer’’.
1980—Pub. L. 96–399 substituted ‘‘manufactured
home’’ for ‘‘mobile home’’ wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or

§ 5416

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 5416. Consumer’s manual; contents
The Secretary shall develop guidelines for a
consumer’s manual to be provided to manufactured home purchasers by the manufacturer.
These manuals should identify and explain the
purchasers’ responsibilities for operation, maintenance, and repair of their manufactured
homes.
(Pub. L. 93–383, title VI, § 617, Aug. 22, 1974, 88
Stat. 711; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417.)

Sections 73 and 74 of the Act of August 27, 1894, referred to in text, are classified to sections 8 and 9 of
Title 15.

§ 5418. Use of services, research and testing facilities of public agencies and independent
laboratories
The Secretary, in exercising the authority
under this chapter, shall utilize the services, research and testing facilities of public agencies
and independent testing laboratories to the
maximum extent practicable in order to avoid
duplication.
(Pub. L. 93–383, title VI, § 619, Aug. 22, 1974, 88
Stat. 711.)
§ 5419. Authority to collect fee
(a) In general

CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
1980—Pub. L. 96–399 substituted
home’’ for ‘‘mobile home’’.

Page 5656

‘‘manufactured

§ 5417. Effect upon antitrust laws
Nothing contained in this chapter shall be
deemed to exempt from the antitrust laws of the
United States any conduct that would otherwise
be unlawful under such laws, or to prohibit
under the antitrust laws of the United States
any conduct that would be lawful under such
laws. As used in this section, the term ‘‘antitrust laws’’ includes, but is not limited to, the
Act of July 2, 1890, as amended; the Act of October 14, 1914, as amended; the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and sections 73
and 74 of the Act of August 27, 1894, as amended.
(Pub. L. 93–383, title VI, § 618, Aug. 22, 1974, 88
Stat. 711.)
REFERENCES IN TEXT
Act of July 2, 1890, as amended, referred to in text, is
act July 2, 1890, ch. 647, 26 Stat. 209, as amended, known
as the Sherman Act, which is classified to sections 1 to
7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note
set out under section 1 of Title 15 and Tables.
Act of October 14, 1914, as amended, referred to in
text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title
15, and sections 52 and 53 of Title 29, Labor. For further
details and complete classification of this Act to the
Code, see References in Text note set out under section
12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in
text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et
seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15
and Tables.

In carrying out inspections under this chapter,
in developing standards and regulations pursuant to section 5403 of this title, and in facilitating the acceptance of the affordability and
availability of manufactured housing within the
Department, the Secretary may—
(1) establish and collect from manufactured
home manufacturers a reasonable fee, as may
be necessary to offset the expenses incurred by
the Secretary in connection with carrying out
the responsibilities of the Secretary under this
chapter, including—
(A) conducting inspections and monitoring;
(B) providing funding to States for the administration and implementation of approved State plans under section 5422 of this
title, including reasonable funding for cooperative educational and training programs
designed to facilitate uniform enforcement
under this chapter, which funds may be paid
directly to the States or may be paid or provided to any person or entity designated to
receive and disburse such funds by cooperative agreements among participating States,
provided that such person or entity is not
otherwise an agent of the Secretary under
this chapter;
(C) providing the funding for a noncareer
administrator within the Department to administer the manufactured housing program;
(D) providing the funding for salaries and
expenses of employees of the Department to
carry out the manufactured housing program;
(E) administering the consensus committee as set forth in section 5403 of this title;
(F) facilitating the acceptance of the quality, durability, safety, and affordability of
manufactured housing within the Department; and
(G) the administration and enforcement of
the installation standards authorized by section 5404 of this title in States in which the
Secretary is required to implement an installation program after the expiration of
the 5-year period set forth in section
5404(c)(2)(B) of this title, and the administration and enforcement of a dispute resolution
program described in section 5422(c)(12) of
this title in States in which the Secretary is

Page 5657

TITLE 42—THE PUBLIC HEALTH AND WELFARE

required to implement such a program after
the expiration of the 5-year period set forth
in section 5422(g)(2) of this title; and
(2) subject to subsection (e) of this section,
use amounts from any fee collected under
paragraph (1) of this subsection to pay expenses referred to in that paragraph, which
shall be exempt and separate from any limitations on the Department regarding full-time
equivalent positions and travel.
(b) Contractors
In using amounts from any fee collected under
this section, the Secretary shall ensure that separate and independent contractors are retained
to carry out monitoring and inspection work
and any other work that may be delegated to a
contractor under this chapter.
(c) Prohibited use
No amount from any fee collected under this
section may be used for any purpose or activity
not specifically authorized by this chapter, unless such activity was already engaged in by the
Secretary prior to December 27, 2000.
(d) Modification
Beginning on December 27, 2000, the amount of
any fee collected under this section may only be
modified—
(1) as specifically authorized in advance in
an annual appropriations Act; and
(2) pursuant to rulemaking in accordance
with section 553 of title 5.
(e) Appropriation and deposit of fees
(1) In general
There is established in the Treasury of the
United States a fund to be known as the
‘‘Manufactured Housing Fees Trust Fund’’ for
deposit of amounts from any fee collected
under this section. Such amounts shall be held
in trust for use only as provided in this chapter.
(2) Appropriation
Amounts from any fee collected under this
section shall be available for expenditure only
to the extent approved in advance in an annual appropriations Act. Any change in the expenditure of such amounts shall be specifically
authorized in advance in an annual appropriations Act.
(3) Payments to States
On and after the effective date of the Manufactured Housing Improvement Act of 2000, the
Secretary shall continue to fund the States
having approved State plans in the amounts
which are not less than the allocated amounts,
based on the fee distribution system in effect
on the day before such effective date.
(Pub. L. 93–383, title VI, § 620, Aug. 22, 1974, 88
Stat. 712; Pub. L. 96–153, title III, § 320, Dec. 21,
1979, 93 Stat. 1119; Pub. L. 96–399, title III,
§ 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L.
106–569, title VI, § 609, Dec. 27, 2000, 114 Stat.
3010.)
REFERENCES IN TEXT
For the effective date of the Manufactured Housing
Improvement Act of 2000, referred to in subsec. (e)(3),

§ 5421

see section 612 of Pub. L. 106–569, set out as an Effective
Date of 2000 Amendment note under section 5401 of this
title.
AMENDMENTS
2000—Pub. L. 106–569 amended section catchline and
text generally. Prior to amendment, text read as follows: ‘‘In carrying out the inspections required under
this chapter, the Secretary may establish and impose
on manufactured home manufacturers, distributors,
and dealers such reasonable fees as may be necessary to
offset the expenses incurred by him in conducting such
inspections, and the Secretary may use any fees so collected to pay expenses incurred in connection with such
inspections, except that this section shall not apply in
any State which has in effect a State plan under section 5422 of this title.’’
1980—Pub. L. 96–399 substituted ‘‘manufactured
home’’ for ‘‘mobile home’’.
1979—Pub. L. 96–153 substituted ‘‘conducting such inspections, and the Secretary may use any fees so collected to pay expenses incurred in connection with such
inspections, except’’ for ‘‘conducting such inspections,
except’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.
MANUFACTURED HOUSING
Pub. L. 107–18, § 1, July 5, 2001, 115 Stat. 152, provided
that:
‘‘(a) AVAILABILITY OF FEES.—Notwithstanding section
620(e)(2) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
5419(e)(2)), any fees collected under that Act, including
any fees collected before the date of enactment of the
American Homeownership and Economic Opportunity
Act of 2000 (12 U.S.C. 1701 note) [Dec. 27, 2000] and remaining unobligated on the date of enactment of this
Act [July 5, 2001], shall be available for expenditure to
offset the expenses incurred by the Secretary under the
National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), otherwise in accordance with section 620 of that Act.
‘‘(b) DURATION.—The authority for the use of fees provided for in subsection (a) shall remain in effect during
the period beginning in fiscal year 2001 and ending on
the effective date of the first appropriations Act referred to in section 620(e)(2) of the National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. 5419(e)(2)) that is enacted with respect
to a fiscal year after fiscal year 2001.’’

§ 5420. Failure to report violations; penalties
Any person, other than an officer or employee
of the United States, or a person exercising inspection functions under a State plan pursuant
to section 5422 of this title, who knowingly and
willfully fails to report a violation of any construction or safety standard established under
section 5403 of this title may be fined up to $1,000
or imprisoned for up to one year, or both.
(Pub. L. 93–383, title VI, § 621, Aug. 22, 1974, 88
Stat. 712.)
§ 5421. Prohibition on waiver of rights
The rights afforded manufactured home purchasers under this chapter may not be waived,
and any provision of a contract or agreement
entered into after August 22, 1974, to the contrary shall be void.

§ 5422

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 93–383, title VI, § 622, Aug. 22, 1974, 88
Stat. 712; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641.)
AMENDMENTS
1980—Pub. L. 96–399 substituted
home’’ for ‘‘mobile home’’.

‘‘manufactured

§ 5422. State enforcement
(a) Jurisdiction of State agency or court under
State law
Nothing in this chapter shall prevent any
State agency or court from asserting jurisdiction under State law over any manufactured
home construction or safety issue with respect
to which no Federal manufactured home construction and safety standard has been established pursuant to the provisions of section 5403
of this title.
(b) Assumption of responsibility for enforcement
of Federal standards; submission of enforcement plan to Secretary
Any State which, at any time, desires to assume responsibility for enforcement of manufactured home safety and construction standards
relating to any issue with respect to which a
Federal standard has been established under section 5403 of this title, shall submit to the Secretary a State plan for enforcement of such
standards.
(c) Criteria for approval of State plan by Secretary
The Secretary shall approve the plan submitted by a State under subsection (b) of this section, or any modification thereof, if such plan in
his judgment—
(1) designates a State agency or agencies as
the agency or agencies responsible for administering the plan throughout the State;
(2) provides for the enforcement of manufactured home safety and construction standards
promulgated under section 5403 of this title;
(3) provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which manufactured
homes are manufactured and for the review of
plans, in a manner which is identical to that
provided in section 5413 of this title;
(4) provides for the imposition of the civil
and criminal penalties under section 5410 of
this title;
(5) provides for the notification and correction procedures under section 5414 of this title;
(6) provides for the payment of inspection
fees by manufacturers in amounts adequate to
cover the costs of inspections;
(7) contains satisfactory assurances that the
State agency or agencies have or will have the
legal authority and qualified personnel necessary for the enforcement of such standards;
(8) give satisfactory assurances that such
State will devote adequate funds to the administration and enforcement of such standards;
(9) requires manufacturers, distributors, and
retailers in such State to make reports to the
Secretary in the same manner and to the same
extent as if the State plan were not in effect;
(10) provides that the State agency or agencies will make such reports to the Secretary

Page 5658

in such form and containing such information
as the Secretary shall from time to time require;
(11) with respect to any State plan submitted on or after the expiration of the 5-year period beginning on December 27, 2000, provides
for an installation program established by
State law that meets the requirements of section 5404(c)(3) of this title;
(12) with respect to any State plan submitted on or after the expiration of the 5-year period beginning on December 27, 2000, provides
for a dispute resolution program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured
homes regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured
homes that are reported during the 1-year period beginning on the date of installation; and
(13) complies with such other requirements
as the Secretary may by regulation prescribe
for the enforcement of this chapter.
(d) Notice and hearing prior to rejection by Secretary of State plan
If the Secretary rejects a plan submitted
under subsection (b) of this section, he shall afford the State submitting the plan due notice
and opportunity for a hearing before so doing.
(e) Discretionary enforcement by Secretary of
standards in State having approved plan
After the Secretary approves a State plan submitted under subsection (b) of this section, he
may, but shall not be required to, exercise his
authority under this chapter with respect to enforcement of manufactured home construction
and safety standards in the State involved.
(f) Annual evaluation by Secretary of execution
of State plan; basis of evaluation; submission
of evaluation and data to Congress; determination by Secretary of improper administration, etc., of State plan; procedure; effect
of determination
The Secretary shall, on the basis of reports
submitted by the designated State agency and
his own inspections, make a continuing evaluation of the manner in which each State having
a plan approved under this section is carrying
out such plan. Such evaluation shall be made by
the Secretary at least annually for each State,
and the results of such evaluation and the inspection reports on which it is based shall be
promptly submitted to the appropriate committees of the Congress. Whenever the Secretary
finds, after affording due notice and opportunity
for a hearing, that in the administration of the
State plan there is a failure to comply substantially with any provision of the State plan or
that the State plan has become inadequate, he
shall notify the State agency or agencies of his
withdrawal of approval of such plan. Upon receipt of such notice by such State agency or
agencies such plan shall cease to be in effect,
but the State may retain jurisdiction in any
case commenced before the withdrawal of the
plan in order to enforce manufactured home
standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan.

Page 5659

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(g) Enforcement of dispute resolution standards
(1) Establishment of dispute resolution program
Not later than the expiration of the 5-year
period beginning on December 27, 2000, the
Secretary shall establish a dispute resolution
program that meets the requirements of subsection (c)(12) of this section for dispute resolution in each State described in paragraph (2)
of this subsection. The order establishing the
dispute resolution program shall be issued
after notice and opportunity for public comment in accordance with section 553 of title 5.
(2) Implementation of dispute resolution program
Beginning on the expiration of the 5-year period described in paragraph (1), the Secretary
shall implement the dispute resolution program established under paragraph (1) in each
State that has not established a dispute resolution program that meets the requirements
of subsection (c)(12) of this section.
(3) Contracting out of implementation
In carrying out paragraph (2), the Secretary
may contract with an appropriate agent to implement the dispute resolution program established under paragraph (2), except that such
agent shall not be a person or entity other
than a government, nor an affiliate or subsidiary of such a person or entity, that has entered into a contract with the Secretary to
implement any other regulatory program
under this chapter.
(Pub. L. 93–383, title VI, § 623, Aug. 22, 1974, 88
Stat. 712; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, §§ 603(b)(5), 605(b), 610, Dec. 27,
2000, 114 Stat. 2999, 3008, 3011.)
CODIFICATION
Reference to ‘‘mobile homes’’, appearing in subsec.
(c)(3), changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
2000—Subsec. (c)(9). Pub. L. 106–569, § 603(b)(5), substituted ‘‘retailers’’ for ‘‘dealers’’.
Subsec. (c)(11). Pub. L. 106–569, § 605(b)(1), (3), added
par. (11). Former par. (11) redesignated (13).
Subsec. (c)(12). Pub. L. 106–569, § 610(1), added par. (12).
Subsec. (c)(13). Pub. L. 106–569, § 605(b)(2), redesignated par. (11) as (13).
Subsec. (g). Pub. L. 106–569, § 610(2), added subsec. (g).
1980—Subsecs. (a), (b), (c)(2), (e), (f). Pub. L. 96–399
substituted ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or

§ 5425

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.

§ 5423. Grants to States
(a) Purposes
The Secretary is authorized to make grants to
the States which have designated a State agency under section 5422 of this title to assist
them—
(1) in identifying their needs and responsibilities in the area of manufactured home construction and safety standards; or
(2) in developing State plans under section
5422 of this title.
(b) Designation by Governor of State agency for
receipt of grant
The Governor of each State shall designate
the appropriate State agency for receipt of any
grant made by the Secretary under this section.
(c) Submission of application by State agency to
Secretary; review by Secretary
Any State agency designated by the Governor
of a State desiring a grant under this section
shall submit an application therefor to the Secretary. The Secretary shall review and either
accept or reject such application.
(d) Amount of Federal share; equality of distribution of funds
The Federal share for each State grant under
subsection (a) of this section may not exceed 90
per centum of the total cost to the State in
identifying its needs and developing its plan. In
the event the Federal share for all States under
such subsection is not the same, the differences
among the States shall be established on the
basis of objective criteria.
(Pub. L. 93–383, title VI, § 624, Aug. 22, 1974, 88
Stat. 713; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641.)
AMENDMENTS
1980—Subsec. (a)(1). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’.

§ 5424. Rules and regulations
The Secretary is authorized to issue, amend,
and revoke such rules and regulations as he
deems necessary to carry out this chapter.
(Pub. L. 93–383, title VI, § 625, Aug. 22, 1974, 88
Stat. 713.)
REGULATIONS AND PROCEDURES WITH REGARD TO
MANUFACTURED HOMES
Pub. L. 96–399, title III, § 308(c)(7), Oct. 8, 1980, 94 Stat.
1641, provided that: ‘‘In adopting regulations and procedures in accordance with this subsection [see Tables for
classification] the Secretary of Housing and Urban Development shall have discretion to take actions in a
manner which he deems necessary to insure that the
public is fully aware of the distinctions between the
various types of factory-built housing.’’

§ 5425. Repealed. Pub. L. 106–569, title
§ 611(1), Dec. 27, 2000, 114 Stat. 3012

VI,

Section, Pub. L. 93–383, title VI, § 626, Aug. 22, 1974, 88
Stat. 714; Pub. L. 95–557, title IX, § 901, Oct. 31, 1978, 92
Stat. 2124; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8,

§ 5426

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug.
13, 1981, 95 Stat. 417, related to reports to Congress.
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 27, 2000, except that repeal has
no effect on any order or interpretative bulletin issued
under this chapter and published as a proposed rule
pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see
section 612 of Pub. L. 106–569, set out as an Effective
Date of 2000 Amendment note under section 5401 of this
title.

§ 5426. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this chapter.
(Pub. L. 93–383, title VI, § 626, formerly § 627, Aug.
22, 1974, 88 Stat. 714; renumbered § 626, Pub. L.
106–569, title VI, § 611(2), Dec. 27, 2000, 114 Stat.
3012.)
PRIOR PROVISIONS
A prior section 626 of Pub. L. 93–383 was classified to
section 5425 of this title, prior to repeal by Pub. L.
106–569.

CHAPTER 71—SOLAR ENERGY
SUBCHAPTER I—HEATING AND COOLING
Sec.

5501.
5502.
5503.

5504.

5504a,
5506.

5507.

5508.

5509.
5510.

5511.
5511a.
5512.
5513.
5514.
5515.
5516.
5517.

Congressional findings and declaration of policy.
Definitions.
Development and demonstration of solar
heating systems for use in residential
dwellings.
Development and demonstration of combined
solar heating and cooling systems for use in
residential dwellings.
5505. Repealed or Omitted.
Test procedures and definitive performance
criteria for solar heating and combined
solar heating and cooling components and
systems and suitable dwellings; determination, consultation and publication in Federal Register.
Arrangements with Federal agencies for development and demonstration of solar heating and combined heating and cooling systems for commercial buildings.
Program of applied research by Secretary of
Energy for improvement and development
of heating systems for commercial application; transmission of results to Secretary
and Administrator.
Supervision of systems and programs by Secretary.
Dissemination of information to promote
practical use of solar heating and cooling
technologies.
Federally assisted or federally constructed
housing.
Solar Assistance Financing Entity.
Small business concerns’ opportunities to
participate in programs.
Priorities and criteria of demonstration programs.
Regulations.
Use of publicly assisted housing by Secretary
in demonstrations.
Transfer of functions.
Authorization of appropriations.

SUBCHAPTER II—RESEARCH, DEVELOPMENT,
AND DEMONSTRATION
5551.

Congressional declaration of findings and policy.

Page 5660

Sec.

5552.
5553.

Definitions.
Solar Energy Coordination and Management
Project.
5554.
Solar energy resource determination and assessment program; objectives; implementation.
5555.
Research and development program.
5556.
Solar energy demonstration facilities program.
5556a.
Solar photovoltaic energy systems studies
and acquisitions by Secretary of Energy;
scope, contents, and submission dates for
reports; acquisition authority and requirements; authorization of appropriations.
5557.
Solar Energy Information Data Bank.
5558.
Scientific and technical education programs.
5559.
Solar Energy Research Institute; establishment; functions; location.
5560.
International cooperation in solar energy research and programs of education.
5561.
Regulations.
5562.
Summary in annual report.
5563.
Project information to Congressional committees.
5564.
Comprehensive program definition; preparation; utilization of and consultation with
other agencies; transmittal to the President
and Congress; time of transmittal.
5565.
Transfer of functions.
5566.
Authorization of appropriations.
SUBCHAPTER III—SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND DEMONSTRATION
5581.
5582.
5583.
5584.

5585.
5586.
5587.
5588.
5589.
5590.

5591.
5592.
5593.
5594.

Congressional findings and declaration of policy.
Definitions.
Establishment and promotion of research, development, and demonstration programs.
Federal assistance application procedures; selection of applicants; agreements; financial
assistance; observation and monitoring of
photovoltaic systems; reports; projects and
activities.
Contracts, grants and arrangements.
Test procedures and performance criteria.
Supervision of research, development, and
demonstration programs.
Solar Photovoltaic Energy Advisory Committee.
Promotion and facilitation of practical use of
photovoltaic energy.
Submittal to Congressional committees of
plan for demonstrating applications of photovoltaic systems and facilitating use in
other nations; encouragement of international participation and cooperation; coordination and consistency of plan and
international activities with similar activities and programs.
Participation of small business concerns.
Priorities.
Construction with National Energy Conservation Policy Act.
Authorization of appropriations.

SUBCHAPTER I—HEATING AND COOLING
§ 5501. Congressional findings and declaration of
policy
(a) The Congress hereby finds that—
(1) the current imbalance between supply
and demand for fuels and energy is likely to
persist for some time;
(2) the early demonstration of the feasibility
of using solar energy for the heating and cooling of buildings could help to relieve the demand upon present fuel and energy supplies;