42 U.S.C. § 5406 — Submission of cost or other information

Page 6558 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5406 (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 ac- cordance with the provisions of sections 701 through 706 of title 5, and to grant appropriate relief. (4) The judgment of the court affirming or set- ting 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 sub- section shall be in addition to and not in substi- tution 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). (Pub. L. 93–383, title VI, § 606, Aug. 22, 1974, 88 Stat. 702.) 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. § 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 chap- ter 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 state- ment. The Secretary shall submit such cost and other information to the consensus committee for evaluation. (b) Conditions upon availability to public of sub- mitted 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 dis- advantage. Notice of the availability of such in- formation 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 por- tion of such information would put the manufac- turer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confiden- tiality of such trade secret or in such combined or summary form so as not to disclose the iden- tity 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 pro- ceeding under this chapter. Nothing in this sub- section shall authorize the withholding of infor- mation by the Secretary or any officer or em- ployee under his control from the duly author- ized committees of the Congress. (c) ‘‘Cost information’’ defined For purposes of this section, ‘‘cost informa- tion’’ means information with respect to alleged cost increases resulting from action by the Sec- retary, 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 in- cludes both the manufacturer’s cost and the cost to retail purchasers. (d) Power of Secretary to obtain or require sub- mission of information under other provi- sions 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.) Editorial Notes 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 sub- sec. (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 con- struction 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 sub- sec. (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 sub- sec. (e) as (d). 1980—Subsec. (c). Pub. L. 96–399 substituted ‘‘manu- factured home’’ for ‘‘mobile home’’. Statutory Notes and Related Subsidiaries 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 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. Page 6559 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5408 § 5407. Research, testing, development, and train- ing 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 be- tween manufactured home performance char- acteristics and (A) accidents involving manu- factured 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 pro- ceeds of such sale or disposal into the current appropriation available for the purpose of car- rying out this chapter; (4) encouraging the government-sponsored housing entities to actively develop and imple- ment secondary market securitization pro- grams for the FHA manufactured home loans and those of other loan programs, as appro- priate, 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 manu- factured home loans and developing any changes to such programs to promote the af- fordability 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 re- search, 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, devel- opment, and training to States, interstate agen- cies, 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 Fed- eral Home Loan Mortgage Corporation. (2) FHA manufactured home loan The term ‘‘FHA manufactured home loan’’ means a loan that— (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 alter- ations, 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 pur- chase only of a lot on which to place a man- ufactured 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.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in subsec. (c)(2), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. Title I of the Act is classi- fied 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 sub- stitution of ‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Com- munity 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 ‘‘manu- factured home’’ for ‘‘mobile home’’. Statutory Notes and Related Subsidiaries 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 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. § 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 pri- vate agencies, in the planning and development of— (1) manufactured home construction and safety standards; and (2) methods for inspecting and testing to de- termine 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.)