Hope Housing Act of 2006 - Authorizes the Director of the Federal Emergency Management Agency (FEMA) to place a manufactured home purchased by FEMA between August 1, 2005, and this Act's enactment date in a floodway or costal high hazard area or in a flood plain (without elevating such home up to the base flood level or without complying with specified decision-making processes and mitigation requirements) to house an individual displaced by Hurricane Katrina or Hurricane Rita.
Bars civil actions against the federal government for damages related to the flooding of a home that is the subject of such placement. Requires the Director to provide any person provided such a home with written notice of the potential risks associated with such placement and such limitations on liability.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4874 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4874
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 HOUSE OF REPRESENTATIVES
March 2, 2006
Mr. Ross introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
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 for damages related to the
flooding of a covered manufactured home that is the subject of
an authorized placement;
(5) 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;
(6) the term ``Director'' means the Director of the Federal
Emergency Management Agency;
(7) 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;
(8) the term ``flood plain'' means an area which has a .2
percent chance of being flooded in any given year;
(9) 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
(10) the term ``manufactured home'' has the same meaning as
in section 603 of the National Manufactured Housing
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.--Notwithstanding any other provision of
law, including section 9.13 of title 44, Code of Federal
Regulations (or any corresponding similar regulation or
ruling), the Director may 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) Types of use.--Any authorized placement shall be used
to house an individual displaced by Hurricane Katrina of 2005
or Hurricane Rita of 2005.
(3) Promotional materials.--The Director shall make
appropriate changes to any promotional materials to reflect,
and otherwise publicize, the authorization in this subsection.
(4) 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>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Sponsor introductory remarks on measure. (CR H964)
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