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42 U.S.C. § 5419 — Authority to collect fee

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5419 — Authority to collect fee

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Stable record: federal_law:legal_authorities:record_usc_fc597088c1fa241d29d88a69
Source file: Laws/federal/codes/united-states-code/title-42/section-5419-authority-to-collect-fee--9e1be0a153.md
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Source location: Title 42, Chapter 70, § 5419; chapter-070-manufactured-home-construction-and-safety-standards.md

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**(a) In general** In carrying out inspections under this chapter, in developing standards and regulations pursuant to [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5422&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5404&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5404/c/2/B&num=0&edition=prelim), and the administration and enforcement of a dispute resolution program described in [section 5422(c)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5422/c/12&num=0&edition=prelim) in States in which the Secretary is required to implement such a program after the expiration of the 5-year period set forth in [section 5422(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5422/g/2&num=0&edition=prelim); and (2) subject to subsection (e), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5401

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 (B) except as provided in subsection (b), shall be established in accordance with the consensus standards development process. (2) **Consensus standards and regulatory development process** (A) *Initial agreement* — Not later than 180 days after December 27, 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall— (i) terminate on the date on which a contract is entered into under subparagraph (B); and (ii) require the administering organization to— (I) recommend the initial members of the consensus committee under paragraph (3); (II) administer the consensus standards development process until the termination of that agreement; and (III) administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement. (B) *Competitively procured contract* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section132&num=0&edition=prelim)), enter into a competitively

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5403

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim); (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5422

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701 — Information regarding early defaults and foreclosures on insured mortgages

**(a) In general** The Secretary of Housing and Urban Development shall collect and maintain information regarding early defaults on mortgages as provided under this section. The Secretary shall make such information available for public inspection upon request. Information shall be collected quarterly with respect to each applicable collection period (as such term is defined in subsection (c)) and shall be available for inspection not more than 30 days after the conclusion of the calendar quarter relating to each such period. Information shall first be made available under this section for the applicable collection period relating to the first calendar quarter ending more than 180 days after November 28, 1990. **(b) Contents** (1) **Mortgage lender analysis** — Information collected under this section shall include, for each lender originating mortgages during the applicable collection period that are insured pursuant to [section 1709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709&num=0&edition=prelim) and secured by property in a designated census tract, the following information with respect to such mortgages: (A) The name of the lender and the number of each designated census tract in which the lender originated 1 or more such mortgages during the applicable collection period. (B) The total number of such mortgages originated by such lender during the applicable collection period in each designated census tract and the number of mortgages originated each year in each designated census tract. (C) The total number of defaults and foreclosures on such mortgages during the applicable collection period in each designated census tract and the number of defaults and foreclosures in each designated census tract in

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403/e&num=0&edition=prelim), 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). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5404

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5419 — Authority to collect fee

Page 6567 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5419 The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, 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. Sections 73 and 74 of the Act of August 27, 1894, re- ferred to in text, are classified to sections 8 and 9 of Title 15. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5418. Use of services, research and testing fa- cilities of public agencies and independent laboratories The Secretary, in exercising the authority under this chapter, shall utilize the services, re- search 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.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5419. Authority to collect fee (a) In general In carrying out inspections under this chapter, in developing standards and regulations pursu- ant to section 5403 of this title, and in facili- tating 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 t

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5419

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