42 U.S.C. § 5401 — Findings and purposes

Page 6548 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5401 115–254, shall be available for eligible adminis- trative costs of the grantee related to any dis- aster relief funding identified in this section without regard to the particular disaster appro- priation from which such funds originated. (Pub. L. 116–20, title XI, § 1101(b), June 6, 2019, 133 Stat. 900.) Editorial Notes REFERENCES IN TEXT The Housing and Community Development Act of 1974, referred to in text, is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 420 of division L of Public Law 114–113, re- ferred to in text, is section 420 of Pub. L. 114–113, div. L, title IV, Dec. 18, 2015, 129 Stat. 2907, which is not classified to the Code. Section 145 of division C of Public Law 114–223, re- ferred to in text, is section 145 of Pub. L. 114–223, div. C, Sept. 29, 2016, 130 Stat. 916, which is not classified to the Code. Section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), referred to in text, is section 192 of Pub. L. 114–223, div. C, as added by Pub. L. 114–254, div. A, § 101(3), Dec. 10, 2016, 130 Stat. 1019, which is not classi- fied to the Code. Section 421 of division K of Public Law 115–31, re- ferred to in text, is section 421 of Pub. L. 115–31, div. K, title IV, May 5, 2017, 131 Stat. 796, which is not classi- fied to the Code. The heading ‘‘Department of Housing and Urban De- velopment—Community Planning and Development— Community Development Fund’’ of division B of Public Law 115–56, referred to in text, can be found at Pub. L. 115–56, div. B, Sept. 8, 2017, 131 Stat. 1137. Provisions under the heading are not classified to the Code. Public Law 115–123, referred to in text, is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64, known as the Bipar- tisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amend- ment note set out under section 1305 of this title and Tables. Public Law 115–254, referred to in text, is Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3186, known as the FAA Reauthorization Act of 2018. For complete classifica- tion of this Act to the Code, see Short Title of 2018 Amendment note set out under section 40101 of Title 49, Transportation, and Tables. CODIFICATION Section was enacted as part of the Additional Supple- mental Appropriations for Disaster Relief Act, 2019, and not as part of title I of the Housing and Community De- velopment Act of 1974 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Pub. L. 117–43, div. B, title VIII, Sept. 30, 2021, 135 Stat. 370, provided in part: ‘‘That a State, unit of gen- eral local government, or Indian tribe may use up to 5 percent of its allocation for administrative costs re- lated to a major disaster under this heading [Depart- ment of Housing and Urban Development—Community Planning and Development—Community Development Fund] in this Act [div. B of Pub. L. 117–43, see Tables for classification] and for the same purposes in prior and future Acts and such amounts shall be available for any eligible administrative costs without regard to a particular disaster’’. CHAPTER 70—MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS Sec. 5401. Findings and purposes. 5402. Definitions. 5403. Construction and safety standards. 5404. Manufactured home installation. 5405. Judicial review of orders establishing stand- ards; petition; additional evidence before Secretary; certified copy of transcript. 5406. Submission of cost or other information by manufacturer. 5407. Research, testing, development, and training by Secretary. 5408. Cooperation by Secretary with public and pri- vate agencies. 5409. Prohibited acts; exemptions. 5410. Civil and criminal penalties. 5411. Injunctive relief. 5412. Noncompliance with standards or defective nature of manufactured home; administra- tive 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; juris- diction and venue; damages; period of limi- tation. 5413. Inspections and investigations for promulga- tion or enforcement of standards or execu- tion of other duties. 5414. Notification and correction of defects by manufacturer. 5415. Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification. 5416. Consumer’s manual; contents. 5417. Effect upon antitrust laws. 5418. Use of services, research and testing facilities of public agencies and independent labora- tories. 5419. Authority to collect fee. 5420. Failure to report violations; penalties. 5421. Prohibition on waiver of rights. 5422. State enforcement. 5423. Grants to States. 5424. Rules and regulations. 5425. Repealed. 5426. 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 signifi- cant resource for affordable homeownership and rental housing accessible to all Ameri- cans. (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 home- ownership for all Americans; (3) to provide for the establishment of prac- tical, uniform, and, to the extent possible, per- formance-based Federal construction stand- ards for manufactured homes; (4) to encourage innovative and cost-effec- tive construction techniques for manufactured homes; Page 6549 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5402 (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 interpreta- tion of Federal construction and safety stand- ards for manufactured homes and related regu- lations for the enforcement of such standards; (7) to ensure uniform and effective enforce- ment 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 enforce- ment. (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.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–569 amended section catchline and text generally. Prior to amendment, text read as fol- 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 prop- erty damage resulting from manufactured home acci- dents and to improve the quality and durability of manufactured homes. Therefore, the Congress deter- mines that it is necessary to establish Federal con- struction 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. Statutory Notes and Related Subsidiaries 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 Hous- ing 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 [enact- ing this chapter and provisions set out as a note under this section] may be cited as the ‘National Manufac- tured 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 Stand- ards Act of 1974 [42 U.S.C. 5402]) and all regulations per- taining 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 regu- lation that is promulgated under subsection (a) or (b) of section 604 of the National Manufactured Housing Con- struction 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 en- actment 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— (1) ‘‘manufactured home construction’’ means all activities relating to the assembly and manufacture of a manufactured home in- cluding 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 manu- factured 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 per- formance, construction, components, or mate- rial of a manufactured home that renders the home or any part thereof not fit for the ordi- nary 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 en- gaged in manufacturing or assembling manu- factured 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 hun- dred 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 perma- nent foundation when connected to the re- quired utilities, and includes the plumbing, heating, air-conditioning, and electrical sys- tems 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 certifi- cation required by the Secretary and complies