109th CONGRESS
2d Session
S. 2619
To authorize the Federal Emergency Management Agency to provide
relief to the victims of Hurricane Katrina and Hurricane Rita by placing
manufactured homes in flood plains, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 7, 2006
Mr. PRYOR introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
A BILL
To authorize the Federal Emergency Management Agency to provide
relief to the victims of Hurricane Katrina and Hurricane Rita by placing
manufactured homes in flood plains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Hope Housing Act of 2006'.
SEC. 2. DEFINITIONS.
(1) the term `authorized placement' means placing a covered manufactured
home as authorized by subparagraph (A), (B), or (C) of section 3(a)(1);
(2) the term `base flood' means the flood which has a 1 percent chance
of being equaled or exceeded in any given year;
(3) the term `costal high hazard area' means an area subject to high velocity
waters, including hurricane wave wash or a tsunami;
(4) the term `covered civil action' means a civil action against the Federal
Government (including a civil action against the Director) for damages
related to the flooding of a covered manufactured home that is the subject
of an authorized placement;
(5) the term `covered individual' means an individual displaced by Hurricane
Katrina of 2005 or Hurricane Rita of 2005;
(6) the term `covered manufactured home' means a manufactured home purchased
by the Federal Emergency Management Agency during the period beginning
on August 1, 2005, and ending on the date of enactment of this Act;
(7) the term `Director' means the Director of the Federal Emergency Management
Agency;
(8) the term `flood' means a general and temporary condition of partial
or complete inundation of normally dry land areas from--
(A) the overflow of inland or tidal waters; or
(B) the unusual and rapid accumulation or runoff of surface waters from
any source;
(9) the term `flood plain' means an area which has a 1 percent chance
of being flooded in any given year;
(10) the term `floodway' means that portion of the flood plain which--
(A) provides for the discharge of the base flood so the cumulative increase
in water surface elevation is no more than 12 inches; and
(B) is effective in carrying flow, within which this carrying capacity
shall be preserved and where the flood hazard is generally highest;
and
(11) the term `manufactured home' has the same meaning as in section 603
of the Manufactured Home Construction and Safety Standards Act of 1974
(42 U.S.C. 5402).
SEC. 3. EMERGENCY HOUSING FOR VICTIMS.
(a) Use of Manufactured Homes-
(1) IN GENERAL- Except as provided in paragraph (2), and notwithstanding
any other provision of law (including section 9.13 of title 44, Code of
Federal Regulations (or any corresponding similar regulation or ruling)),
upon receiving a request from, or on behalf of, a covered individual,
the Director shall place a covered manufactured home--
(A) in a floodway or costal high hazard area;
(B) in a flood plain, without elevating such home up to the base flood
level; or
(C) in a flood plain, without complying with--
(i) the decision-making process required under section 9.6 of title
44, Code of Federal Regulations (or any corresponding similar regulation
or ruling); and
(ii) the mitigation requirements under section 9.11 of title 44, Code
of Federal Regulations (or any corresponding similar regulation or
ruling).
(2) EVACUATION PLANS- The Director may not make an authorized placement,
unless the Director has received an evacuation plan from State or local
government officials that includes the area in which the covered placement
will be made.
(3) TYPES OF USE- Any authorized placement shall be used to house covered
individuals.
(4) PROMOTIONAL MATERIALS- The Director shall make appropriate changes
to any promotional materials to reflect, and otherwise publicize, the
authorization in this subsection.
(5) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed
to prohibit any other lawful use of a covered manufactured home.
(1) IN GENERAL- If the Director makes an authorized placement, a covered
civil action relating to the covered manufactured home involved in such
authorized placement may not be brought in any Federal or State court.
(2) NOTICE- The Director shall provide any person to whom the Director
provides a covered manufactured home as part of an authorized placement
with written notice of--
(A) the potential risks associated with such placement; and
(B) the limitations on liability under paragraph (1).
END
