29–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–712 

COMMUNITY SHELTER PROTECTION ACT OF 2011 

DECEMBER 20, 2012.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MICA, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2919] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2919) to eliminate the reimbursement 

requirement for certain tornado shelters constructed with Federal 

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 ................................................................................................................... 2 

Legislative History and Consideration .................................................................. 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 4 

Advisory of Earmarks .............................................................................................. 4 

Federal Mandate Statement ................................................................................... 4 

Preemption Clarification ......................................................................................... 4 

Advisory Committee Statement .............................................................................. 5 

Applicability of Legislative Branch ........................................................................ 5 

Section by Section Analysis of Legislation ............................................................ 5 

Changes in Existing Law made by the Bill, as Reported ..................................... 5 

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 ‘‘Community Shelter Protection Act of 2011’’. 


tjames on DSK6SPTVN1PROD with 
2 

SEC. 2. NO REIMBURSEMENT REQUIRED FOR COVERED TORNADO SHELTER FACILITIES. 

(a) IN GENERAL.—Notwithstanding any other provision of law, the Federal Emergency Management Agency (FEMA) may not require an educational institution to 

reimburse FEMA for the market value of a covered temporary tornado shelter facility. 

(b) DEFINITIONS.—In this section, the following definitions apply: 

(1) COVERED TEMPORARY TORNADO SHELTER FACILITY.—The term ‘‘covered 

temporary tornado shelter facility’’ means a structure— 

(A) designed to provide children protection from a tornado; and 

(B) constructed or acquired with Federal financial assistance. 

(2) EDUCATIONAL INSTITUTION.—The term ‘‘educational institution’’ means any 

elementary school or any secondary school provided FEMA assistance pursuant 

to section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b). 

PURPOSE OF LEGISLATION

H.R. 2919 would eliminate the reimbursement requirement for 

certain tornado shelters constructed with Federal assistance, and 

for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2919, the Community Shelter Protection Act of 2011, would 

eliminate the reimbursement requirement for certain tornado shelters constructed with Federal assistance, and for other purposes. 

This bill addresses a problem with the Federal Emergency Management Agency (FEMA) policy concerning temporary tornado shelters for schools that were severely damaged by tornados earlier this 

year. Under current FEMA regulations, elementary and secondary 

schools are required to pay FEMA the fair market value of a covered temporary tornado shelter facility when the facility is no 

longer needed for its temporary purpose or pay to have it disposed. 

This legislation would prevent FEMA from requiring an educational institution Public Assistance applicant to reimburse FEMA 

for these shelters. This legislation fixes the current policy that 

forces cash-strapped schools to choose between purchasing a lifesaving shelter or having it removed or demolished, putting the 

safety of children at risk, while wasting taxpayer funds to tear 

down a functioning shelter that taxpayers have already paid to 

erect. 

HEARINGS

No hearings were held on H.R. 2919. 

LEGISLATIVE HISTORY AND CONSIDERATION

On September 14, 2011, Congressman Spencer Bachus, introduced H.R. 2919, the Community Shelter Protection Act of 2011. 

H.R. 2919 has eight co-sponsors. 

On October 13, 2011, the Committee on Transportation and Infrastructure met in open session, and ordered the bill reported favorably to the House by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII 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 record votes 


tjames on DSK6SPTVN1PROD with 
3 

taken in connection with consideration of H.R. 2919, or ordering 

the bill reported. A motion to order H.R. 2919 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

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement 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 received the 

enclosed cost estimate for H.R. 2919 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 31, 2011. 

Hon. JOHN L. MICA, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2919, a bill to eliminate 

the reimbursement requirement for certain tornado shelters constructed with federal assistance, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2919—A bill to eliminate the reimbursement requirement for 

certain tornado shelters constructed with federal assistance, 

and for other purposes 

H.R. 2919 would allow elementary and secondary schools to retain temporary tornado shelters constructed using federal funds 

without reimbursing the Federal Emergency Management Agency 

(FEMA). Enacting this legislation would affect direct spending; 

therefore, pay-as-you-go procedures would apply. However, CBO estimates that the net effects would be insignificant for each year. 

Under current law, schools receiving federal disaster assistance 

may construct a temporary tornado shelter when a pre-existing 

shelter has been damaged. Once the temporary shelter is no longer 

in use, the property may be transferred back to the federal government for disposal or retained by the school for sale or use. If the 


tjames on DSK6SPTVN1PROD with 
4 

shelter is retained by the school, FEMA must be reimbursed in an 

amount equal to the sale proceeds or market value, multiplied by 

the federal share of construction costs (typically 75 percent). 

H.R. 2919 would allow schools to retain a temporary tornado 

shelter without reimbursing FEMA, thereby decreasing receipts to 

the federal government (recorded as an increase in direct spending). Based on information from FEMA, CBO estimates those receipts will be insignificant over the next 10 years. Under current 

law, proceeds from the disposal of temporary shelters are available 

to provide future disaster assistance without further appropriation 

action. Thus, a decrease in receipts from property disposal also 

would reduce direct spending by an equivalent amount, resulting 

in no net impact on the budget. 

Because this legislation would reduce amounts available to 

FEMA for disaster relief, additional appropriations to FEMA may 

be necessary in the future. CBO estimates the cost of any additional appropriations under this bill would be insignificant in each 

year. 

H.R. 2919 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Daniel Hoople. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

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 eliminate the reimbursement 

requirement for certain tornado shelters constructed with Federal 

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 includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

FEDERAL MANDATE 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’’ 

(P.L. 104–4). 

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. 2919 does not preempt any state, local, or tribal law. 


tjames on DSK6SPTVN1PROD with 
5 

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 (P.L. 104–1). 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Short title 

This section establishes the short title as the Community Shelter 

Protection Act of 2011. 

Section 2. No reimbursement required for covered tornado shelter 

facilities 

This section prohibits FEMA from requiring an educational institution Public Assistance applicant to reimburse FEMA for the market value of a covered temporary tornado shelter facility when the 

facility is no longer needed for its temporary purpose. This section 

also establishes definitions for a ‘‘Covered Temporary Tornado 

Shelter’’ and ‘‘Educational Institution.’’ 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 2919 makes no changes in existing law. 

Æ 


tjames on DSK6SPTVN1PROD with