[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2619 Introduced in Senate (IS)]








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.

    In this Act--
            (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.
    (b) Liability.--
            (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).
                                 <all>