Compromise Reached on FEMA Overhaul and Stafford Act Revisions
Hurricane Recovery
Memo to Members: Vol 11, No. 37, September 22, 2006
On September 15, a compromise was reached on FEMA overhaul and Stafford Act revisions between the House Committees on Homeland Security and Transportation and Infrastructure and the Senate Homeland Security and Governmental Affairs Committee (see Memo, 9/18, 9/8). The compromise bill has been sent to the House and Senate Committees on Homeland Security Appropriations for inclusion in the final FY07 Homeland Security Appropriations bill, expected to be conferenced on September 25. The bill will then be brought to the floors of the House and Senate the week of September 25 for final passage.
The bill includes some of the substantial revisions to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the law governing disaster response, that were included in S. 3721, the Post Katrina Emergency Management Reform Act of 2006 introduced by Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) (see Memo, 7/28).
One such provision is the creation of a National Disaster Housing Strategy (NDHS). The Secretaries of HUD, Agriculture, Commerce, Transportation and Treasury, the Administrators of the Environmental Protection Agency and the Small Business Administration, the FEMA Administrator, state and local governments and representatives from non-governmental organizations would be required to develop a NDHS. This strategy would outline the most cost effective and efficient federal programs to best meet the short- and long-term housing needs of households after a major disaster, and would define the roles, programs and responsibilities of all entities that could provide housing assistance in the event of a disaster.
The NDHS would also outline funding issues, detail how responsibilities would be shared and consider methods to provide housing assistance where employment and services are available. Programs directed to meet the needs of low income and special needs populations would be identified and planned. Plans for promoting the repair or rehabilitation of existing rental housing, including through lease agreements or other means, must also be described in the NDHS.
The FEMA Administrator must develop and make public guidance on all types of housing assistance available after a disaster, including eligibility for such assistance, eligibility for continuation of such assistance and application procedures. The FEMA Administrator would be required to submit the NDHS to Congressional committees nine months after the bill’s enactment
The compromise bill would also: amend current law to explicitly allow disaster victims to use their cash assistance for security deposits and utility bills; eliminate ceilings within this $26,000 of assistance available, such as the cap of $5,200 for the repair of a damaged unit and $10,400 for its replacement; give FEMA the flexibility to provide modular housing units, such as Katrina Cottages, after a disaster; and create a pilot program to make better use of existing rental housing located in disaster areas as a means of providing timely and cost-effective temporary housing assistance.
The compromise bill does not include every improvement to the Stafford Act that housing advocates have sought. Most notably absent is a provision from S. 3721 that would allow pre-disaster households with good cause for living separately after a disaster, including for reasons of domestic violence, to receive separate assistance post-disaster.
NLIHC, together with 40 other national and Gulf Coast organizations, sent letters to appropriations and authorizing committees on September 19, urging members to reconsider including the shared households provision in the final bill before enactment. The letter also urges members to support, and enact with all due speed, the Stafford Act revisions as part of the FY07 Homeland Security Appropriations bill.
The letter is available at: www.nlihc.org/news/hurricanefemaoverhaulletter.pdf
