[House Report 108-151]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-151
======================================================================
TORNADO SHELTERS ACT
_______
June 12, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oxley, from the Committee on Financial Services, submitted the
following
R E P O R T
[To accompany H.R. 23]
[Including cost estimate of the Congressional Budget Office]
The Committee on Financial Services, to whom was referred the
bill (H.R. 23) to amend the Housing and Community Development
Act of 1974 to authorize communities to use community
development block grant funds for construction of tornado-safe
shelters in manufactured home parks, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
Performance Goals and Objectives................................. 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Cost Estimate........................ 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Amendment
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 ``Tornado Shelters Act''.
SEC. 2. CDBG ELIGIBLE ACTIVITIES.
Section 105(a) of the Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (23) the following new
paragraph:
``(24) the construction or improvement of tornado-safe
shelters for residents of manufactured housing, and the
provision of assistance (including loans and grants) to
nonprofit and for-profit entities (including owners of
manufactured housing parks) for such construction or
improvement, except that--
``(A) a shelter assisted with amounts provided
pursuant to this paragraph may be located only in a
neighborhood (including a manufactured housing park)
that--
``(i) contains not less than 20 manufactured
housing units that are within such proximity to
the shelter that the shelter is available to
the residents of such units in the event of a
tornado;
``(ii) consists predominantly of persons of
low and moderate income; and
``(iii) is located within a State in which a
tornado has occurred during the fiscal year for
which the amounts to be used under this
paragraph were made available or any of the 3
preceding fiscal years, as determined by the
Secretary after consultation with the Director
of the Federal Emergency Management Agency;
``(B) such a shelter shall comply with standards for
construction and safety as the Secretary, after
consultation with the Director of the Federal Emergency
Management Agency, shall provide to ensure protection
from tornadoes;
``(C) such a shelter shall be of a size sufficient to
accommodate, at a single time, all occupants of
manufactured housing units located within the
neighborhood in which the shelter is located; and
``(D) amounts may not be used for a shelter as
provided under this paragraph unless there is located,
within the neighborhood in which the shelter is located
(or, in the case of a shelter located in a manufactured
housing park, within 1,500 feet of such park), a
warning siren that is operated in accordance with such
local, regional, or national disaster warning programs
or systems as the Secretary, after consultation with
the Director of the Federal Emergency Management
Agency, considers appropriate to ensure adequate notice
of occupants of manufactured housing located in such
neighborhood or park of a tornado; and''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise made available for grants under
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.), there is authorized to be appropriated for assistance
only for activities pursuant to section 105(a)(24) of such Act
$5,000,000 for fiscal year 2004.
Purpose and Summary
H.R. 23, the Tornado Shelters Act, will authorize
communities to use Community Development Block Grant (CDBG)
funds for construction of tornado-safe shelters in manufactured
home parks.
Background and Need for Legislation
Every year, an average of 800 tornadoes sweep across the
United States, resulting in 80 deaths, more than 1,500
injuries, and millions of dollars in property damage. One of
nature's most powerful and violent storms, large tornadoes
often record wind speeds in excess of 250 miles per hour.
Despite rapid advances in tornado warning technologies,
residents of manufactured housing communities often do not have
adequate access to proper shelter. Prior to this legislation,
federal monies were not available for tornado shelter
construction within or around manufactured housing communities.
The bill amends section 105 of the Housing and Community
Development Act of 1974 by authorizing communities to use CDBG
monies to construct or improve tornado-safe shelters located in
manufactured housing parks.
The Community Development Block Grant (CDBG) program is
generally recognized as the primary vehicle for targeted
community development of cities, counties and rural areas to
principally benefit low- and moderate-income persons. Grantees
may use the funds for housing activities, economic development,
public facilities (such as day care centers or health centers),
public improvements (such as street repairs), public services
(such as social programs for elderly, youth or abused), urban
renewal, or planning and administration.
Shelters built under the auspices of this bill must be
located in a neighborhood (including a manufactured housing
park) that has twenty or more manufactured housing units,
populated by persons of predominantly low- to moderate-income,
and located in an area where a tornado occurred within the
current or three (3) previous fiscal years. Each constructed
shelter must comply with the Department of Housing and Urban
Development's (HUD's) standards for construction and safety,
and it must be of sufficient size to accommodate all residents
of the manufactured housing park at one time.
The bill further stipulates that an operational warning
siren, which ensures adequate notice of a tornado, must be
located within a neighborhood where the shelter is located or
within 1,500 feet of a manufactured housing park. The final
provision authorizes $5 million in appropriations for FY 2004.
The House considered similar legislation in the 107th
Congress (H.R. 247) which was agreed to by a record vote of 401
yeas and 6 nays. The Senate took no action on the legislation
in the 107th Congress.
Hearings
There were no hearings held on this legislation in the
108th Congress.
Committee Consideration
On May 7, 2003, the Subcommittee on Housing and Community
Opportunity met in open session and approved H.R. 23 for full
Committee consideration as amended, by a voice vote.
On May 21, 2003, the Committee on Financial Services met in
open session and ordered H.R. 23 reported to the House with a
favorable recommendation, with an amendment, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. No
record votes were taken in conjunction with the consideration
of this legislation. A motion by Mr. Oxley to report the bill
to the House with a favorable recommendation was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings that are
reflected in this report.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The Department of Housing and Urban Development will use
the authority granted by this legislation to continue its
commitment to preserving America's towns and cities as vibrant
hubs of commerce by making communities better and safe places
to live, work and raise a family. By authorizing the use of
CDBG funds for the construction of tornado-safe shelters, the
legislation will enhance HUD's ability to support and
strengthen its core programs by ensuring that grantees have
even greater flexibility to address locally determined
priorities and maintain long-term prosperity.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of budget authority, entitlement authority, or
tax expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 28, 2003.
Hon. Michael G. Oxley,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 23, the Tornado
Shelters Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lanette J.
Walker.
Sincerely,
Barry B. Anderson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 23--Tornado Shelters Act
H.R. 23 would authorize the Department of Housing and Urban
Development to make block grants to communities for the
construction of tornado-safe shelters at manufactured housing
parks. The bill would authorize the appropriation of $5 million
in fiscal year 2004 for the construction and maintenance cost
of such shelters. CBO estimates that implementing H.R. 23 would
cost $5 million over the five-year period, assuming
appropriation of the specified amount. Enacting H.R. 23 would
not affect direct spending or revenues.
H.R. 23 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no cost on state, local, or tribal governments.
The CBO staff contact for this estimate is Lanette J.
Walker. This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional Authority of Congress to enact this legislation
is provided by Article 1, section 8, clause 1 (relating to the
defense and general welfare of the United States), and clause 3
(relating to the power to regulate foreign and interstate
commerce).
Applicability to 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.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides the short title of the bill, the
``Tornado Shelters Act''.
Section 2. CDBG eligible activities
The bill amends Section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) to allow the
construction or improvement of tornado-safe shelters and the
provision of assistance as an eligible CDBG activity, subject
to the following conditions:
First, the shelter may only be located in a manufactured
housing park that contains no less than 20 manufactured housing
units; consists predominantly of persons of low and moderate
income; and is located in a state where the HUD Secretary, in
consultation with the Director of FEMA, determines a tornado
has occurred during the current or previous three fiscal years.
Second, the shelter must comply with construction and
safety standards that ensure protection from tornadoes as
provided by the Secretary, in consultation with the Director of
FEMA.
Third, the shelter must be large enough to accommodate all
occupants of the manufactured housing park at the same time.
Finally, an operational tornado siren must be located in the
neighborhood where the shelter is located or, if the shelter is
located in a manufactured housing park, within 1,500 feet of
such park. The siren must be operated in accordance with local,
regional or national disaster warning programs that the HUD
Secretary, in consultation with the Director of FEMA, considers
appropriate to ensure adequate notice of a tornado.
Section 3. Authorization of appropriations
This section authorizes $5 million for FY 2004.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 105 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
ELIGIBLE ACTIVITIES
Sec. 105. (a) Activities assisted under this title may
include only--
(1) * * *
* * * * * * *
(22) provision of assistance to public and private
organizations, agencies, and other entities (including
nonprofit and for-profit entities) to enable such
entities to facilitate economic development by--
(A) * * *
* * * * * * *
(C) providing general support (such as peer
support programs and counseling) to owners of
microenterprises and persons developing
microenterprises; [and]
(23) activities necessary to make essential repairs
and to pay operating expenses necessary to maintain the
habitability of housing units acquired through tax
foreclosure proceedings in order to prevent abandonment
and deterioration of such housing in primarily low- and
moderate-income neighborhoods[.];
(24) the construction or improvement of tornado-safe
shelters for residents of manufactured housing, and the
provision of assistance (including loans and grants) to
nonprofit and for-profit entities (including owners of
manufactured housing parks) for such construction or
improvement, except that--
(A) a shelter assisted with amounts provided
pursuant to this paragraph may be located only
in a neighborhood (including a manufactured
housing park) that--
(i) contains not less than 20
manufactured housing units that are
within such proximity to the shelter
that the shelter is available to the
residents of such units in the event of
a tornado;
(ii) consists predominantly of
persons of low and moderate income; and
(iii) is located within a State in
which a tornado has occurred during the
fiscal year for which the amounts to be
used under this paragraph were made
available or any of the 3 preceding
fiscal years, as determined by the
Secretary after consultation with the
Director of the Federal Emergency
Management Agency;
(B) such a shelter shall comply with
standards for construction and safety as the
Secretary, after consultation with the Director
of the Federal Emergency Management Agency,
shall provide to ensure protection from
tornadoes;
(C) such a shelter shall be of a size
sufficient to accommodate, at a single time,
all occupants of manufactured housing units
located within the neighborhood in which the
shelter is located; and
(D) amounts may not be used for a shelter as
provided under this paragraph unless there is
located, within the neighborhood in which the
shelter is located (or, in the case of a
shelter located in a manufactured housing park,
within 1,500 feet of such park), a warning
siren that is operated in accordance with such
local, regional, or national disaster warning
programs or systems as the Secretary, after
consultation with the Director of the Federal
Emergency Management Agency, considers
appropriate to ensure adequate notice of
occupants of manufactured housing located in
such neighborhood or park of a tornado; and
* * * * * * *