
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-569 Section 603(b)(2)]
[CITE: 42USC5413]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 70--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
 
Sec. 5413. Inspections and investigations for promulgation or 
        enforcement of standards or execution of other duties
        

(a) Authority of Secretary; results furnished to Attorney General and 
        Secretary of the Treasury for appropriate action

    The Secretary is authorized to conduct such inspections and 
investigations as may be necessary to promulgate or enforce Federal 
manufactured home construction and safety standards established under 
this chapter or otherwise to carry out his duties under this chapter. He 
shall furnish the Attorney General and, when appropriate, the Secretary 
of the Treasury any information obtained indicating noncompliance with 
such standards for appropriate action.

(b) Designation by Secretary of persons to enter and inspect factories, 
        etc.; presentation of credentials; reasonableness and scope of 
        inspection

    (1) For purposes of enforcement of this chapter, persons duly 
designated by the Secretary, upon presenting appropriate credentials to 
the owner, operator, or agent in charge, are authorized--
        (A) to enter, at reasonable times and without advance notice, 
    any factory, warehouse, or establishment in which manufactured homes 
    are manufactured, stored, or held, for sale; and
        (B) to inspect, at reasonable times and within reasonable limits 
    and in a reasonable manner, any such factory, warehouse, or 
    establishment, and to inspect such books, papers, records, and 
    documents as are set forth in subsection (c) of this section. Each 
    such inspection shall be commenced and completed with reasonable 
    promptness.

    (2) The Secretary is authorized to contract with State and local 
governments and private inspection organizations to carry out his 
functions under this subsection.

(c) Powers of Secretary

    For the purpose of carrying out the provisions of this chapter, the 
Secretary is authorized--
        (1) to hold such hearings, take such testimony, sit and act at 
    such times and places, administer such oaths, and require, by 
    subpena or otherwise, the attendance and testimony of such witnesses 
    and the production of such books, papers, correspondence, 
    memorandums, contracts, agreements, or other records, as the 
    Secretary or such officer or employee deems advisable. Witnesses 
    summoned pursuant to this subsection shall be paid the same fees and 
    mileage that are paid witnesses in the courts of the United States;
        (2) to examine and copy any documentary evidence of any person 
    having materials or information relevant to any function of the 
    Secretary under this chapter;
        (3) to require, by general or special orders, any person to 
    file, in such form as the Secretary may prescribe, reports or 
    answers in writing to specific questions relating to any function of 
    the Secretary under this chapter. Such reports and answers shall be 
    made under oath or otherwise, and shall be filed with the Secretary 
    within such reasonable period as the Secretary may prescribe;
        (4) to request from any Federal agency any information he deems 
    necessary to carry out his functions under this chapter, and each 
    such agency is authorized and directed to cooperate with the 
    Secretary and to furnish such information upon request made by the 
    Secretary, and the head of any Federal agency is authorized to 
    detail, on a reimbursable basis, any personnel of such agency to 
    assist in carrying out the duties of the Secretary under this 
    chapter; and
        (5) to make available to the public any information which may 
    indicate the existence of a defect which relates to manufactured 
    home construction or safety or of the failure of a manufactured home 
    to comply with applicable manufactured home construction and safety 
    standards. The Secretary shall disclose so much of other information 
    obtained under this subsection to the public as he determines will 
    assist in carrying out this chapter; but he shall not (under the 
    authority of this sentence) make available or disclosure to the 
    public any information which contains or relates to a trade secret 
    or any information the disclosure of which would put the person 
    furnishing such information at a substantial competitive 
    disadvantage, unless he determines that it is necessary to carry out 
    the purpose of this chapter.

(d) Refusal to obey subpena or order of Secretary; order of compliance 
        by district court; failure to obey order of compliance 
        punishable as contempt

    Any of the district courts of the United States within the 
jurisdiction of which an inquiry is carried on may, in the case of 
contumacy or refusal to obey a subpena or order of the Secretary issued 
under paragraph (1) or paragraph (3) of subsection (c) of this section, 
issue an order requiring compliance therewith; and any failure to obey 
such order of the court may be punished by such court as a contempt 
thereof.

(e) Submission by manufacturer of building plans for manufactured homes; 
        certification by manufacturer of conformity of building plans to 
        standards

    Each manufacturer of manufactured homes shall submit the building 
plans for every model of such manufactured homes to the Secretary or his 
designee for the purpose of inspection under this section. The 
manufacturer must certify that each such building plan meets the Federal 
construction and safety standards in force at that time before the model 
involved is produced.

(f) Records, reports and information from manufacturers, distributors 
        and dealers of manufactured homes; inspection and examination of 
        relevant books, papers, records and documents by designated 
        person

    Each manufacturer, distributor, and dealer of manufactured homes 
shall establish and maintain such records, make such reports, and 
provide such information as the Secretary may reasonably require to 
enable him to determine whether such manufacturer, distributor, or 
dealer has acted or is acting in compliance with this chapter and 
Federal manufactured home construction and safety standards prescribed 
pursuant to this chapter and shall, upon request of a person duly 
designated by the Secretary, permit such person to inspect appropriate 
books, papers, records, and documents relevant to determining whether 
such manufacturer, distributor, or dealer has acted or is acting in 
compliance with this chapter and manufactured home construction and 
safety standards prescribed pursuant to this chapter.

(g) Performance and technical data from manufacturer; persons required 
        to receive notification of data

    Each manufacturer of manufactured homes shall provide to the 
Secretary such performance data and other technical data related to 
performance and safety as may be required to carry out the purposes of 
this chapter. These shall include records of tests and test results 
which the Secretary may require to be performed. The Secretary is 
authorized to require the manufacturer to give notification of such 
performance and technical data to--
        (1) each prospective purchaser of a manufactured home before its 
    first sale for purposes other than resale, at each location where 
    any such manufacturer's manufactured homes are offered for sale by a 
    person with whom such manufacturer has a contractual, proprietary, 
    or other legal relationship and in a manner determined by the 
    Secretary to be appropriate, which may include, but is not limited 
    to, printed matter (A) available for retention by such prospective 
    purchaser, and (B) sent by mail to such prospective purchaser upon 
    his request; and
        (2) the first person who purchases a manufactured home for 
    purposes other than resale, at the time of such purchase or in 
    printed matter placed in the manufactured home.

(h) Disclosure of confidential information and trade secrets

    All information reported to or otherwise obtained by the Secretary 
or his representative pursuant to subsection (b), (c), (f), or (g) of 
this section which contains or relates to a trade secret, or which, if 
disclosed, would put the person furnishing such information at a 
substantial competitive disadvantage, shall be considered confidential, 
except that such information may be disclosed to other officers or 
employees concerned with carrying out this chapter or when relevant in 
any proceeding under this chapter. Nothing in this section shall 
authorize the withholding of information by the Secretary or any officer 
or employee under his control from the duly authorized committees of the 
Congress.

(Pub. L. 93-383, title VI, Sec. 614, Aug. 22, 1974, 88 Stat. 707; Pub. 
L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. 
L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95 Stat. 417.)

                          Codification

    References to ``mobile homes'', wherever appearing in text, 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 substitution of ``manufactured 
home'' for ``mobile home'' wherever appearing in title VI of the Housing 
and Community 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

    1980--Subsecs. (a), (c)(5), (f), (g). Pub. L. 96-399 substituted 
``manufactured home'' for ``mobile home'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 5409, 5414, 5422 of this 
title.
