Conclusions and Recommendations

At its best what HUD/FHA have been doing to carry out this Act, or more accurately to not carry out this Act constitutes Contempt of Congress

This Act contains all of the necessary provisions to insure to the first purchaser a home that is SAFE, durable, and of quality. This Act has not failed to deliver this assurance; it is the people who are in charge of insuring that Congress's intent is carried out that have failed to deliver what was to be guaranteed by this law. For this reason it is suggested that the following amendment to this Act be made and that they be the only amendments that are made. There is nothing this industry fears more than this program being abolished and no other amendment could carry more impact to putting this program on track than reality that this could happen.

Suggested amendment to the Act.

(1) Amend the Act to provide for Sunset Provisions with a 5-year limitation as suggested by Robert W. Wildon, Executive Director of the National Commission on Manufactured Housing, April 1993 through September 1994.

(2) Give the Government Accounting Office the authority and funding necessary to assess performance by imposing additional monitoring fees on the manufacturers, retailers/dealers, and distributors. In the alternative this can be funded by appropriations

(3) Give Federal authority to all agencies, including directors, officers, and employees of said agency, which shall include all State Administrative Agencies to have an open line of communication with the GAO, not hindered by any State or other law.

(4) If this program cannot be shown to be substantially on track in 5 years then it should be abolished forever more.

There are no other changes required or necessary to this Act to make it work. The only thing that this Act lacks are consequences for HUD/FHA or this industry should they fail to carry out Congress's lawful order as intended. This industry has never transitioned from the old to the new because it has never been required of them to do so. Nothing about the way they do business has been changed, which are the same ways of doing business that drove the need for this Act in the first place.

One final note, the underlined portion in the Prelude that was recommended as a measure for which to judge HUD/FHA's actions came from the following:

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

Sec. 1112. Manslaughter

(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

Voluntary - Upon a sudden quarrel or heat of passion.

Involuntary - In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.