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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-193
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DISASTER ASSISTANCE SUPPORT FOR COMMUNITIES AND HOMEOWNERS ACT OF 2017
_______
June 26, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1684]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1684) to direct the Administrator
of the Federal Emergency Management Agency to provide technical
assistance to common interest communities regarding eligibility
for disaster assistance, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Legislative History and Consideration............................ 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 5
Performance Goals and Objectives................................. 6
Advisory of Earmarks............................................. 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Mandate Statement........................................ 6
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 7
Applicability of Legislative Branch.............................. 7
Section-by-Section Analysis of Legislation....................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Assistance Support for
Communities and Homeowners Act of 2017''.
SEC. 2. TECHNICAL ASSISTANCE AND RECOMMENDATIONS.
(a) Technical Assistance.--The Administrator of the Federal Emergency
Management Agency shall provide technical assistance to a common
interest community that provides essential services of a governmental
nature on actions that a common interest community may take in order to
be eligible to receive reimbursement from a grantee that receives funds
from the Agency for certain activities performed after an event that
results in a disaster declaration.
(b) Recommendations.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a legislative proposal on how to provide eligibility for
disaster assistance with respect to common areas of condominiums and
housing cooperatives.
PURPOSE OF LEGISLATION
H.R. 1684, as amended, directs the Administrator of the
Federal Emergency Management Agency (FEMA) to provide technical
assistance to common interest communities regarding eligibility
for disaster assistance, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Federal Emergency Management Agency: History
FEMA was established in 1979 by Executive Order 12148 by
President Jimmy Carter in response to a number of massive
disasters in the 1960's and 1970's. As a result of states
trying to manage these disasters, the National Governors
Association and others made a proposal to streamline and cut
the number of agencies states were required to work with
following a disaster. Prior to the creation of FEMA, the
federal government's emergency response mechanisms were
scattered among many agencies throughout government. The
creation of FEMA helped to centralize these authorities and the
coordination of the federal government's response to a
disaster. The Disaster Relief Act of 1974 (P.L. 93-288), which
constituted the statutory authority for most federal disaster
response activities, especially of FEMA, was later amended by
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act) (P.L. 100-707).
Following more than two decades as an independent agency,
the Homeland Security Act of 2002 (P.L. 107-296) created the
Department of Homeland Security (DHS), placed FEMA within DHS,
and FEMA's functions were dispersed among various offices and
directorates within DHS. In 2006, following Hurricanes Katrina
and Rita and the intensive Congressional investigations and
oversight, Congress enacted the Post-Katrina Emergency
Management Reform Act of 2006 (PKEMRA) (P.L. 109-295), which
addresses key response roles and authorities and put FEMA back
together again within DHS. PKEMRA authorized the National
Preparedness System and FEMA for the first time in legislation.
Most recently, Congress enacted the Sandy Recovery Improvement
Act (SRIA) (P.L. 113-2), on January 29, 2013, in the wake of
Hurricane Sandy's impact to the East Coast. SRIA provided
additional authorities to expedite and streamline Hurricane
Sandy recovery efforts, reduce costs, and improve the
effectiveness of several disaster assistance programs
authorized by the Stafford Act.
The declaration process
All emergency and major disaster declarations are made
solely at the discretion of the President of the United States.
Section 401\1\ of the Stafford Act states in part that: ``All
requests for a declaration by the President that a major
disaster exists shall be made by the Governor of the affected
state.''. When the President declares a major disaster or
emergency, the official declaration triggers certain federal
response authorities and financial disaster assistance. In
particular, when a declaration is made, FEMA provides direct
support and financial assistance to states and local
governments and individuals as authorized under the Stafford
Act.
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\1\42 U.S.C. Sec. 5170.
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Types of disaster assistance
Once a disaster declaration is made, FEMA, as authorized
under the Stafford Act, can provide two types of assistance:
Individual Assistance and Public Assistance.
Individual Assistance is provided to individuals and
families who have sustained losses due to disasters. These
grants help pay for temporary housing; emergency home repairs;
uninsured and underinsured personal property losses; and
medical, dental, and funeral expenses caused by the disaster,
along with other serious disaster-related expenses.
Public Assistance is available to fund the repair,
restoration, reconstruction, or replacement of a public
facility or infrastructure damaged or destroyed by a disaster.
Although these funds are awarded to government entities and
nonprofits, the Public Assistance program is intended to
benefit everyone--neighborhoods, cities, counties, states, and
tribes. Public Assistance dollars help clean up communities
affected by disaster-related debris, repair the roads and
bridges people use every day getting to work and school, put
utilities and water systems back in order, repair hospitals and
emergency services, rebuild schools and universities, and
restore playground equipment in public parks.
Technical assistance and recommendations
H.R. 1684 addresses long-standing eligibility issues for
FEMA assistance, specifically for common interest communities.
Common interest communities are individually-owned housing
units with shared common areas, such as housing cooperatives,
condominium associations, and community associations. Shared
common areas can include stairwells, elevators, entrances, as
well as roads and waterways.
Many common interest communities, such as community
associations, provide essential services of a governmental
nature, such as trash collection and maintaining roads and
waterways. After a disaster declaration is made, however,
common interest communities may be denied FEMA disaster
assistance for performing these essential services. Often,
these common interest communities may have been eligible for
FEMA assistance if they had entered into agreements with their
local governments before the disaster occurred. Unfortunately,
many common interest communities are not aware of this
requirement. H.R. 1684, as amended, directs FEMA to provide
technical assistance to common interest communities on actions
that may be taken in advance to be eligible to receive
reimbursement from FEMA for certain actions taken after a
disaster declaration is made.
After Hurricane Sandy struck the New York City metropolitan
area, an ambiguity was exposed in FEMA's disaster assistance
programs. Specifically, shared common areas are often owned by
the condominium or cooperative association yet are essential to
the use of the individual housing units. Because the Stafford
Act does not include a definition of condominiums or
cooperative associations, this ambiguity has led to significant
confusion about their eligibility for assistance and made it
nearly impossible for residents of condominiums and housing
cooperatives to make the common areas of their buildings
habitable after a disaster.
Language was included in House Report 114-215, which
accompanies the Fiscal Year 2016 DHS Appropriations Act (P.L.
114-113), directing FEMA to update its May 2014 report
regarding the program implications surrounding Stafford Act
changes that would authorize FEMA to provide federal assistance
directly to housing cooperatives and condominium associations.
In their May 24, 2016, response, FEMA failed to provide
Congress with the options for statutory changes to the Stafford
Act that would be required to make housing cooperatives,
condominium associations, and community associations eligible
for disaster assistance. H.R. 1684, as amended, directs FEMA to
provide the necessary statutory changes to make housing
cooperatives and condominium associations eligible for disaster
assistance. FEMA's response should also discuss necessary
administrative or regulatory changes and guidance or internal
recommendations the agency would have to make to address the
gap.
HEARINGS
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held the following hearings and
roundtable discussions on subjects related to matters contained
in H.R. 1684, as amended, during the 114th and 115th Congress:
``Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery'' held on January 27, 2015. The purpose of
the hearing was to launch an assessment of the rising costs of
disasters, the cost effectiveness of disaster assistance,
strategies to reduce disaster losses, and the appropriate roles
of government and the private sector, and to consider reforms
to save lives through improved alerts and warning systems and
search and rescue.
``What is Driving the Increasing Costs and Rising Losses
from Disasters?'' held on March 18, 2015. The purpose of the
roundtable was to examine and discuss data related to disaster
costs, the trends observed over time, and the projections for
the future given the policies in place today.
``The State of Pennsylvania and FEMA Region III are Leaders
in Mitigating Disaster Costs and Losses'' held on May 28, 2015.
The purpose of the roundtable was to examine disaster costs and
losses, focus on hazards impacting Pennsylvania and the region,
and identify best practices for mitigating and avoiding
disaster impacts.
``Federal Disaster Assistance: Roles, Programs and
Coordination'' held on June 17, 2015. The purpose of the
roundtable was to examine and discuss federal disaster
assistance programs, the requirements and effectiveness of
those programs, and coordination among various agencies and
stakeholders.
``Controlling the Rising Cost of Federal Responses to
Disaster'' held on May 12, 2016. The purpose of the hearing was
to begin exploring potential solutions and the principles that
should be driving solutions to lower the overall costs of
disasters and to help avoid devastating losses.
``Building a 21st Century Infrastructure for America:
Mitigating Damage and Recovering Quickly from Disasters'' held
on April 27, 2017. The purpose of the hearing was to examine
how to protect infrastructure against future disaster damage,
how to lower the overall disaster costs, and to identify
challenges facing FEMA in responding to, recovering from, and
mitigating against disasters, both natural and manmade.
LEGISLATIVE HISTORY AND CONSIDERATION
On March 22, 2017, Congressman Jerrold Nadler (D-NY)
introduced H.R. 1684, a bill to direct the Administrator of the
Federal Emergency Management Agency to provide technical
assistance to common interest communities regarding eligibility
for disaster assistance, and for other purposes.
On May 24, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1684. The
Committee adopted one amendment by voice vote--an amendment
offered by Congressman Jerrold Nadler (D-NY). The Committee
ordered the bill, as amended, reported favorably to the House
by voice vote with a quorum present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 1684, as amended, or ordering the
measure reported. A motion to order H.R. 1684, as amended,
reported favorably to the House was agreed to by voice vote
with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES AND CONGRESSIONAL BUDGET
OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to ensure
that the Administrator of FEMA provides technical assistance to
common interest communities regarding eligibility for disaster
assistance, and for other purposes.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1684, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 1684, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
FEDERAL MANDATE STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act (Public Law 104-4) was not made
available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1684, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1: Short title
Section 1 designates the short title as the ``Disaster
Assistance Support for Communities and Homeowners Act of
2017''.
Section 2: Technical assistance and recommendations
Section 2 directs the Administrator of FEMA to provide
technical assistance to a common interest community that
provides essential services of a governmental nature on actions
that the common interest community may take in order to be
eligible to receive reimbursement from a grantee that receives
funds from FEMA for certain activities performed after an event
that results in a disaster declaration.
Section 2 also requires the Administrator of FEMA to submit
to Congress a legislative proposal on how to provide
eligibility for disaster assistance with respect to common
areas of condominiums and housing cooperatives.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1684, as amended, makes no changes in existing law.
