[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

           *       *       *       *       *       *       *


                                
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