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

(a)

In general

section 5403 of this titleIn carrying out inspections under this chapter, in developing standards and regulations pursuant to , 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)

section 5422 of this title providing funding to States for the administration and implementation of approved State plans under , 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)

section 5403 of this title administering the consensus committee as set forth in ;

(F)

facilitating the acceptance of the quality, durability, safety, and affordability of manufactured housing within the Department; and

(G)

section 5404 of this title section 5404(c)(2)(B) of this title section 5422(c)(12) of this title section 5422(g)(2) of this title the administration and enforcement of the installation standards authorized by in States in which the Secretary is required to implement an installation program after the expiration of the 5-year period set forth in , and the administration and enforcement of a dispute resolution program described in in States in which the Secretary is required to implement such a program after the expiration of the 5-year period set forth in ; 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

December 27, 2000No 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 .

(d)

Modification

December 27, 2000Beginning on , 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)

section 553 of title 5 pursuant to rulemaking in accordance with .

(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, § 620Aug. 22, 197488 Stat. 712 Pub. L. 96–153, title III, § 320Dec. 21, 197993 Stat. 1119 Pub. L. 96–399, title III, § 308(c)(4)Oct. 8, 198094 Stat. 1641 Pub. L. 106–569, title VI, § 609Dec. 27, 2000114 Stat. 3010 (, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 612 of Pub. L. 106–569 section 5401 of this titleFor the effective date of the Manufactured Housing Improvement Act of 2000, referred to in subsec. (e)(3), see , set out as an Effective Date of 2000 Amendment note under .

Amendments

Pub. L. 106–569 section 5422 of this title2000— 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 .”

Pub. L. 96–3991980— substituted “manufactured home” for “mobile home”.

Pub. L. 96–1531979— 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–569Dec. 27, 20005 U.S.C. 553Dec. 27, 2000section 612 of Pub. L. 106–569 section 5401 of this titleAmendment by effective , except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to on or before , see , set out as a note under .

Effective Date

Aug. 22, 1974section 627 of Pub. L. 93–383 section 5401 of this titleSection effective upon the expiration of 180 days following , see , set out as a note under .

Final Rulemaking on Manufactured Housing Payments

Pub. L. 116–94, div. H, title IIDec. 20, 2019133 Stat. 2994

December 16, 2016“That the Secretary of Housing and Urban Development shall issue a final rule to complete rulemaking initiated by the proposed rule entitled ‘Manufactured Housing Program: Minimum Payments to the States’ published in the Federal Register on (81 Fed. Reg. 91083)”.

, , , provided in part:

Manufactured Housing

Pub. L. 107–18, § 1July 5, 2001115 Stat. 152

“(a)

Availability of Fees .—

42 U.S.C. 5419(e)(2)12 U.S.C. 1701Dec. 27, 2000July 5, 200142 U.S.C. 5401Notwithstanding section 620(e)(2) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (), 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 ( note) [] and remaining unobligated on the date of enactment of this Act [], 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 ( et seq.), otherwise in accordance with section 620 of that Act.

“(b)

Duration .—

42 U.S.C. 5419(e)(2)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 () that is enacted with respect to a fiscal year after fiscal year 2001.”

, , , provided that: