42 U.S.C. § 5419 : US Code - Section 5419: Authority to collect fee

Search 42 U.S.C. § 5419 : US Code - Section 5419: Authority to collect fee

(a) In general
In carrying out inspections under this chapter, in developing
standards and regulations pursuant to section 5403 of this title,
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, 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;
(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 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, and the administration 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) of this section, 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.
(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.