U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 108th Congress 

2d Session 

REPORT

2004

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 


congress.#13
(II) 

COMMITTEE ON GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

ARLEN SPECTER, Pennsylvania 

ROBERT F. BENNETT, Utah 

PETER G. FITZGERALD, Illinois 

JOHN E. SUNUNU, New Hampshire 

RICHARD C. SHELBY, Alabama 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

RICHARD J. DURBIN, Illinois 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

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 

2 

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. 

3 

1The United States Conference of Mayors, Hunger and Homelessness Survey, pp. i-iii, December 2003. 

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. 

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, 

4 

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. 

5 

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. 

6 

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. 

ø(5) The Council of Jewish Federations, Inc.¿ 

(5) United Jewish Communities. 

* * * * * * * 

SEC. 11346. PROGRAM GUIDELINES. 

ø(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. 

øThere 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.¿ 

7 

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. 

Æ