II 

109TH CONGRESS 

2D SESSION S. 2343 

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 

MARCH 1, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hope Housing Act of 

5 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘authorized placement’’ means 

2 placing a covered manufactured home as authorized 

3 by subparagraph (A), (B), or (C) of section 3(a)(1); 

4 (2) the term ‘‘base flood’’ means the flood 

5 which has a 1 percent chance of being equaled or ex6 ceeded in any given year; 

7 (3) the term ‘‘costal high hazard area’’ means 

8 an area subject to high velocity waters, including 

9 hurricane wave wash or a tsunami; 

10 (4) the term ‘‘covered civil action’’ means a civil 

11 action against the Federal Government for damages 

12 related to the flooding of a covered manufactured 

13 home that is the subject of an authorized placement; 

14 (5) the term ‘‘covered manufactured home’’ 

15 means a manufactured home purchased by the Fed16 eral Emergency Management Agency during the pe17 riod beginning on August 1, 2005, and ending on 

18 the date of enactment of this Act; 

19 (6) the term ‘‘Director’’ means the Director of 

20 the Federal Emergency Management Agency; 

21 (7) the term ‘‘flood’’ means a general and tem22 porary condition of partial or complete inundation of 

23 normally dry land areas from— 

24 (A) the overflow of inland or tidal waters; 

25 or 


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1 (B) the unusual and rapid accumulation or 

2 runoff of surface waters from any source; 

3 (8) the term ‘‘flood plain’’ means an area which 

4 has a .2 percent chance of being flooded in any given 

5 year; 

6 (9) the term ‘‘floodway’’ means that portion of 

7 the flood plain which— 

8 (A) provides for the discharge of the base 

9 flood so the cumulative increase in water sur10 face elevation is no more than 12 inches; and 

11 (B) is effective in carrying flow, within 

12 which this carrying capacity shall be preserved 

13 and where the flood hazard is generally highest; 

14 and 

15 (10) the term ‘‘manufactured home’’ has the 

16 same meaning as in section 603 of the Manufac17 tured Home Construction and Safety Standards Act 

18 of 1974 (42 U.S.C. 5402). 

19 SEC. 3. EMERGENCY HOUSING FOR VICTIMS. 

20 (a) USE OF MANUFACTURED HOMES.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of law, including section 9.13 of title 44, 

23 Code of Federal Regulations (or any corresponding 

24 similar regulation or ruling), the Director may place 

25 a covered manufactured home— 


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1 (A) in a floodway or costal high hazard 

2 area; 

3 (B) in a flood plain, without elevating such 

4 home up to the base flood level; or 

5 (C) in a flood plain, without complying 

6 with— 

7 (i) the decision-making process re8 quired under section 9.6 of title 44, Code 

9 of Federal Regulations (or any cor10 responding similar regulation or ruling); 

11 and 

12 (ii) the mitigation requirements under 

13 section 9.11 of title 44, Code of Federal 

14 Regulations (or any corresponding similar 

15 regulation or ruling). 

16 (2) TYPES OF USE.—Any authorized placement 

17 shall be used to house an individual displaced by 

18 Hurricane Katrina of 2005 or Hurricane Rita of 

19 2005. 

20 (3) PROMOTIONAL MATERIALS.—The Director 

21 shall make appropriate changes to any promotional 

22 materials to reflect, and otherwise publicize, the au23 thorization in this subsection. 


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1 (4) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall be construed to prohibit any other 

3 lawful use of a covered manufactured home. 

4 (b) LIABILITY.— 

5 (1) IN GENERAL.—If the Director makes an au6 thorized placement, a covered civil action relating to 

7 the covered manufactured home involved in such au8 thorized placement may not be brought in any Fed9 eral or State court. 

10 (2) NOTICE.—The Director shall provide any 

11 person to whom the Director provides a covered 

12 manufactured home as part of an authorized place13 ment with written notice of— 

14 (A) the potential risks associated with such 

15 placement; and 

16 (B) the limitations on liability under para17 graph (1). 

Æ 


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