[House Report 115-193]
[From the U.S. Government Publishing Office]


115th Congress     }                                         {   Report
                           HOUSE OF REPRESENTATIVES
 1st Session       }                                         {   115-193

======================================================================



 
 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.
---------------------------------------------------------------------------
    \1\42 U.S.C. Sec. 5170.
---------------------------------------------------------------------------

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.