[Senate Report 108-308]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
2d Session 108-308
_______________________________________________________________________
Calendar No. 636
EMERGENCY FOOD AND SHELTER ACT OF 2004
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
to accompany
S. 2249
TO AMEND THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT TO PROVIDE FOR
EMERGENCY FOOD AND SHELTER
July 15, 2004.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Chief Counsel
Tim Raducha-Grace, Professional Staff Member
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Kevin J. Landy, Minority Counsel
Amy B. Newhouse, Chief Clerk
Calendar No. 636
108th Congress
SENATE
Report
2d Session 108-308
======================================================================
EMERGENCY FOOD AND SHELTER ACT OF 2004
_______
July 15, 2004.--Ordered to be printed
_______
Ms. Collins, from the Committee on Governmental Affairs, submitted the
following
REPORT
[To accompany S. 2249]
The Committee on Governmental Affairs, to whom was referred
the bill (S. 2249) to amend the Stewart B. McKinney Homeless
Assistance Act to provide for emergency food and shelter,
having considered the same reports favorably thereon and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................1
III. Legislative History..............................................3
IV. Section-by-Section...............................................4
V. Evaluation of Regulatory Impact..................................4
VI. CBO Cost Estimate................................................4
VII. Changes to Existing Law..........................................6
I. Purpose and Summary
The Senate Governmental Affairs Committee (the Committee)
approved S.2249, the Emergency Food and Shelter Act of 2004, on
June 2, 2004. This legislation would reauthorize appropriations
for the Federal Emergency Management Agencies's (FEMA)
Emergency Food and Shelter Program (EFSP) at $160 million in
fiscal year 2005, $170 million in fiscal year 2006, and $180
million for fiscal year 2007.
II. Background
In March 1983, Congress first provided funds for the
Emergency Food and Shelter National Board Program (Public Law
98-8). The legislation provided $50 million for emergency food
and shelter to FEMA for allocation by a National Board between
March 1983 and March 1984. Because the need for these emergency
food and shelter services continued, Congress continued to
provide funding through the mid 1980s.
In July 1987, Congress enacted the Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77) in response to the
increasing number of homeless individuals and their families.
The McKinney Act formally authorized a number of assistance
programs including EFSP to provide shelter and support services
to the homeless. The Governmental Affairs Committee was granted
jurisdiction over three of these programs--the Interagency
Council on the Homeless, the FEMA Emergency Food and Shelter
program, and the Title V Surplus Real and Personal Property
program. S. 2249 would reauthorize one of these programs, the
Emergency Food and Shelter Program.
The Emergency Food and Shelter Program is governed by a
National Board, which is chaired by FEMA and includes
representatives of the United Way of America, the Salvation
Army, the National Council of Churches of Christ in the U.S.A.,
Catholic Charities U.S.A., the Council of Jewish Federations
Inc. and the American Red Cross. The National Board is guided
by five operating principles: speedy administration and
funding, award to areas of greatest need, local decision-
making, public/private sector cooperation, and minimum but
accountable reporting. EFSP provides monies for the purchase of
food and shelter to supplement and extend current available
resources in order to meet emergency needs.
By all accounts, EFSP has been very effective in bringing
together many non-profit groups at the local level. Any area
designated by the National Board to receive funds has its own
local board. The structure of the local board mirrors that of
the National Board. Local boards oversee Local Recipient
Organizations. EFSP funds are distributed on a formula basis to
emergency shelters, soup kitchens, and other nonprofit groups
in counties in every state. The volunteer participation by
these charitable organizations has kept administrative costs to
less than three percent of the total program, making even more
funds directly available for communities. Each non-profit
organization essentially raises its own separate funds for
administration.
Once local boards in counties and municipalities across
America receive the funding, these local organizations decide
how to address the emergency food and shelter needs of their
residents. Because the local boards are composed of individuals
and members of organizations who live and work in the
communities they serve, they can best decide how to meet the
needs of those who are at risk of becoming homeless within
those communities.
Depending on the decisions of the local boards, program
funds are used to provide food, in the form of served meals or
groceries; lodging in a mass shelter or hotel; one month's rent
or mortgage payment; one month's utility bill; minimal repairs
to allow a shelter or soup kitchen to function; or equipment
necessary to feed or shelter people, up to a $300 limit per
item. The diversity in how communities spend their funds
highlights the importance of allowing local boards to allocate
these resources in a manner tailored to local needs.
Communities in Maine's Cumberland and Franklin Counties,
for example, have used most of these funds to supplement the
efforts of local soup kitchens, Meals-on-Wheels programs, and
food pantries. The Wayside Soup Kitchen in Portland, Maine uses
this funding to supplement its efforts to provide three
separate food assistance programs to those in need. Communities
in northern Maine's Aroostook County chose to use more than 30
percent of their 2003 funding to address emergency shelter and
housing needs.
Local boards in Connecticut also distributed EFSP funds to
a variety of organizations serving many needs across the state.
A significant portion of the state's funding went to address
the needs of Connecticut's urban poor. Recipient non-profits in
Bridgeport used the funds to help pay for food pantries,
homeless shelters, and to cover emergency rent payments. In
Hartford, most of the funding was directed to shelters, and in
New Haven the money was allocated broadly across categories. In
comparison, many of Connecticut's smaller towns used the funds
primarily for food and rent assistance.
The Emergency Food and Shelter Program helps individuals
maintain their dignity during difficult times. It also prevents
dependency by providing emergency services to individuals and
families on a limited basis so that they can remain self-
sufficient. Few other programs focus on preventing
homelessness. A 1999 General Accounting Office report titled
``Homelessness: Coordination and Evaluation of Programs are
essential'' (GAO-RCED-99-49) concluded, for example, ``in most
areas of the United States, the Emergency Food and Shelter
Program is the only source of funding for the prevention of
homelessness.''
While EFSP was originally intended to the meet emergency
food and shelter needs of the early 1980s, the emergency has
persisted. According to a U.S. Conference of Mayors study,
``Hunger and Homelessness in America's Cities,'' \1\ requests
for emergency food assistance and emergency shelter each
increased by an average of 19 percent during 2002. Of those
emergency food requests, the study estimated that 16 percent
went unmet. The study also found that 48 percent of the people
requesting emergency food and shelter were members of
families--children and their parents.
---------------------------------------------------------------------------
\1\ The United States Conference of Mayors, Hunger and Homelessness
Survey, pp. i-iii, December 2003.
---------------------------------------------------------------------------
Because of this ongoing need, the Committee approved the
re-authorization of EFSP to enable communities nationwide to
provide services to help individuals who are at risk of
becoming homeless or going hungry due to an emergency or
economic disaster.
III. Legislative History
S. 2249 was introduced on March 29, 2004 by Senator Susan
Collins and Senator Joseph Lieberman and was referred to the
Committee on Governmental Affairs. Additional co-sponsors
include Senator Daniel Akaka, Senator Carl Levin, Senator Mark
Dayton, Senator Richard Durbin, Senator George Voinovich,
Senator Frank Lautenberg, and Senator Norm Coleman. The Senate
Governmental Affairs Committee met on June 2, 2004 and by voice
vote approved S. 2249 without amendment. Senators present:
Voinovich, Bennett, Fitzgerald, Lieberman, Levin, Akaka,
Carper, Lautenberg, and Collins.
IV. Section-by-Section
Section 1 states the title of S. 2249 as the ``Emergency
Food and Shelter Act of 2004.''
Section 2 would amend Section 322 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11352) to authorize
$160 million in fiscal year 2005, $170 million in fiscal year
2006, and $180 million in fiscal year 2007 for carrying out the
Emergency Food and Shelter Program.
Section 3 would amend Section 301 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11331(b)) to make a
technical change to the membership of the National Board that
governs EFSP. Specifically, it would replace Council of Jewish
Federation with United Jewish Communities. This change reflects
the merger of the Council of Jewish Federation, United Israel
Appeal, and United Jewish Appeal.
Section 4 would amend Section 316(a) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11346(a)) to make a
technical change to the membership of the local board.
Specifically, Section 4 would direct the National Board to
issue guidelines requiring each local board to include in their
membership not less than one homeless individual, former
homeless individual, homeless advocate, or recipient of food or
shelter services, except that such guidelines may waive such
requirement for any board unable to meet such requirement if
the board otherwise consults with homeless individuals, former
homeless individuals, homeless advocates, or recipients of food
or shelter services.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. CBO states that
there are no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and no costs on
State, local, or tribal governments. The legislation contains
no other regulatory impact.
VI. CBO Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 14, 2004.
Hon. Susan M. Collins,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2249, a bill to
amend the Stewart B. McKinney Homeless Assistance Act to
provide for emergency food and shelter.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kathleen
FitzGerald.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 2249--A bill to amend the Stewart B. McKinney Homeless Assistance
Act to provide for emergency food and shelter
Summary: S. 2249 would authorize appropriations for the
Emergency Food and Shelter Program. The bill also would change
the name of one of the organizations on the national board of
the program and provide for the inclusion of homeless advocates
or food and shelter recipients on local boards.
The bill would authorize the appropriation of $510 million
over the 2005-2007 period. CBO estimates that appropriation of
those amounts would result in outlays of $510 million over that
same period. Enacting S. 2249 would not affect direct spending
or revenues.
S. 2249 contains no intergovernmental or private-sector
mandates as defined in the unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2249 is shown in the following table.
The costs of this legislation fall within budget function 600
(income security).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Emergency food and shelter spending under current law:
Budget authority \1\.................................. 152 0 0 0 0 0
Estimated outlays..................................... 152 0 0 0 0 0
Proposed changes:
Authorization level................................... 0 160 170 180 0 0
Estimated outlays..................................... 0 160 170 180 0 0
Emergency food and shelter spending under S. 2249:
Authorization level \1\............................... 152 160 170 180 0 0
Estimated outlays..................................... 152 160 170 180 0 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year for the program.
Basis of estimate: Section 2 would authorize the
appropriation of $160 million for fiscal year 2005, $170
million for 2006, and $180 million for 2007 for the Emergency
Food and Shelter Program. The authorization of appropriations
for this program expired in 1994 but it has continued to
receive funding through annual appropriation acts. In 2004,
$152 million was appropriated for this program. CBO estimates
that implementing this bill would result in $510 million in
outlays over the 2005-2007 period. Over the past several years,
all funds appropriated for this program have been spent in the
year that they were provided.
Intergovernmental and private-sector impact: S. 2249
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Kathleen FitzGerald.
Impact on State, Local, and Tribal Governments: Leo Lex. Impact
on the Private Sector: Samuel Kina.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VII. Changes to Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing laws made by
S. 2249 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no changes is proposed is
shown in roman):
UNITED STATES CODE
TITLE 42--PUBLIC HEALTH AND WELFARE
CHAPTER 119--HOUSING ASSISTANCE
Subchapter III--Federal Emergency Management Food and Shelter Program
SECTION 1. SHORT TITLE.
* * * * * * *
SUBCHAPTER III--FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER PROGRAM
SEC. 11331(B). MEMBERS.
[(5) The Council of Jewish Federations, Inc.]
(5) United Jewish Communities.
* * * * * * *
SEC. 11346. PROGRAM GUIDELINES.
[(6) guidelines requiring each private nonprofit
organization and local government carrying out a local
emergency food and shelter program with amounts provided under
this part to provide for the participation of not less than 1
homeless individual or former homeless individual on the board
of directors or other equivalent policy making entity of the
organization or governmental agency to the extent that such
entity considers and makes policies and decisions regarding the
local program of the organization or locality; except that such
guidelines may grant waivers to applicants unable to meet such
requirement if the organization or government agrees to
otherwise consult with homeless or formerly homeless
individuals in considering and making such policies and
decisions.]
(6) guidelines requiring each local board to include in
their membership not less than 1 homeless individual, former
homeless individual, homeless advocate, or recipient of food or
shelter services, except that such guidelines may waive such
requirement for any board unable to meet such requirement if
the board otherwise consults with homeless individuals, former
homeless individuals, homeless advocates, or recipients of food
or shelter services.
* * * * * * *
SEC. 11352. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subchapter $180,000,000 for fiscal year 1993 and $187,560,000
for fiscal year 1994.]
There are authorized to be appropriated to carry out this
title $160,000,000 for fiscal year 2005, $170,000,000 for
fiscal year 2006, and $180,000,000 for fiscal year 2007.