II 

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. 

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 (including a 

12 civil action against the Director) for damages related 

13 to the flooding of a covered manufactured home that 

14 is the subject of an authorized placement; 

15 (5) the term ‘‘covered individual’’ means an in16 dividual displaced by Hurricane Katrina of 2005 or 

17 Hurricane Rita of 2005; 

18 (6) the term ‘‘covered manufactured home’’ 

19 means a manufactured home purchased by the Fed20 eral Emergency Management Agency during the pe21 riod beginning on August 1, 2005, and ending on 

22 the date of enactment of this Act; 

23 (7) the term ‘‘Director’’ means the Director of 

24 the Federal Emergency Management Agency; 


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1 (8) the term ‘‘flood’’ means a general and tem2 porary condition of partial or complete inundation of 

3 normally dry land areas from— 

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

5 or 

6 (B) the unusual and rapid accumulation or 

7 runoff of surface waters from any source; 

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

9 has a 1 percent chance of being flooded in any given 

10 year; 

11 (10) the term ‘‘floodway’’ means that portion of 

12 the flood plain which— 

13 (A) provides for the discharge of the base 

14 flood so the cumulative increase in water sur15 face elevation is no more than 12 inches; and 

16 (B) is effective in carrying flow, within 

17 which this carrying capacity shall be preserved 

18 and where the flood hazard is generally highest; 

19 and 

20 (11) the term ‘‘manufactured home’’ has the 

21 same meaning as in section 603 of the Manufac22 tured Home Construction and Safety Standards Act 

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

24 SEC. 3. EMERGENCY HOUSING FOR VICTIMS. 

25 (a) USE OF MANUFACTURED HOMES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), and notwithstanding any other provision 

3 of law (including section 9.13 of title 44, Code of 

4 Federal Regulations (or any corresponding similar 

5 regulation or ruling)), upon receiving a request 

6 from, or on behalf of, a covered individual, the Di7 rector shall place a covered manufactured home— 

8 (A) in a floodway or costal high hazard 

9 area; 

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

11 home up to the base flood level; or 

12 (C) in a flood plain, without complying 

13 with— 

14 (i) the decision-making process re15 quired under section 9.6 of title 44, Code 

16 of Federal Regulations (or any cor17 responding similar regulation or ruling); 

18 and 

19 (ii) the mitigation requirements under 

20 section 9.11 of title 44, Code of Federal 

21 Regulations (or any corresponding similar 

22 regulation or ruling). 

23 (2) EVACUATION PLANS.—The Director may 

24 not make an authorized placement, unless the Direc25 tor has received an evacuation plan from State or 


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1 local government officials that includes the area in 

2 which the covered placement will be made. 

3 (3) TYPES OF USE.—Any authorized placement 

4 shall be used to house covered individuals. 

5 (4) PROMOTIONAL MATERIALS.—The Director 

6 shall make appropriate changes to any promotional 

7 materials to reflect, and otherwise publicize, the au8 thorization in this subsection. 

9 (5) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection shall be construed to prohibit any other 

11 lawful use of a covered manufactured home. 

12 (b) LIABILITY.— 

13 (1) IN GENERAL.—If the Director makes an au14 thorized placement, a covered civil action relating to 

15 the covered manufactured home involved in such au16 thorized placement may not be brought in any Fed17 eral or State court. 

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

19 person to whom the Director provides a covered 

20 manufactured home as part of an authorized place21 ment with written notice of— 

22 (A) the potential risks associated with such 

23 placement; and 


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1 (B) the limitations on liability under para2 graph (1). 

Æ 


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