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 the Secretary in connection with carrying out the responsibilities of the Secretary under this chapter, including— (A) conducting inspections and moni- toring; (B) providing funding to States for the ad- ministration and implementation of ap- proved State plans under section 5422 of this title, including reasonable funding for coop- erative 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 pro- vided to any person or entity designated to receive and disburse such funds by coopera- tive 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 ad- minister the manufactured housing pro- gram; (D) providing the funding for salaries and expenses of employees of the Department to carry out the manufactured housing pro- gram; (E) administering the consensus com- mittee as set forth in section 5403 of this title; (F) facilitating the acceptance of the qual- ity, durability, safety, and affordability of manufactured housing within the Depart- ment; and (G) the administration and enforcement of the installation standards authorized by sec- tion 5404 of this title in States in which the Secretary is required to implement an in- stallation program after the expiration of the 5-year period set forth in section 5404(c)(2)(B) of this title, and the administra- tion and enforcement of a dispute resolution program described in section 5422(c)(12) of this title 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; 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 Depart- ment regarding full-time equivalent positions and travel. (b) Contractors In using amounts from any fee collected under this section, the Secretary shall ensure that sep- arate 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, un- less 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 chap- ter. (2) Appropriation Amounts from any fee collected under this section shall be available for expenditure only to the extent approved in advance in an an- nual appropriations Act. Any change in the ex- penditure of such amounts shall be specifically authorized in advance in an annual appropria- tions Act. Page 6568 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5420 (3) Payments to States On and after the effective date of the Manu- factured 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.) Editorial Notes REFERENCES IN TEXT For the effective date of the Manufactured Housing Improvement Act of 2000, referred to in subsec. (e)(3), 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 fol- lows: ‘‘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 col- lected 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 sec- tion 5422 of this title.’’ 1980—Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’. 1979—Pub. L. 96–153 substituted ‘‘conducting such in- spections, and the Secretary may use any fees so col- lected to pay expenses incurred in connection with such inspections, except’’ for ‘‘conducting such inspections, except’’. 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. FINAL RULEMAKING ON MANUFACTURED HOUSING PAYMENTS Pub. L. 116–94, div. H, title II, Dec. 20, 2019, 133 Stat. 2994, provided in part: ‘‘That the Secretary of Housing and Urban Development shall issue a final rule to com- plete rulemaking initiated by the proposed rule enti- tled ‘Manufactured Housing Program: Minimum Pay- ments to the States’ published in the Federal Register on December 16, 2016 (81 Fed. Reg. 91083)’’. 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 Con- struction 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 re- maining 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 Safe- ty Standards Act of 1974 (42 U.S.C. 5401 et seq.), other- wise in accordance with section 620 of that Act. ‘‘(b) DURATION.—The authority for the use of fees pro- vided 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 re- ferred to in section 620(e)(2) of the National Manufac- tured 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 in- spection functions under a State plan pursuant to section 5422 of this title, who knowingly and willfully fails to report a violation of any con- struction 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.) 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. § 5421. Prohibition on waiver of rights The rights afforded manufactured home pur- chasers under this chapter may not be waived, and any provision of a contract or agreement entered into after August 22, 1974, to the con- trary shall be void. (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.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’. 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. § 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 jurisdic- tion under State law over any manufactured home construction or safety issue with respect to which no Federal manufactured home con- struction and safety standard has been estab- lished pursuant to the provisions of section 5403 of this title.