[House Report 110-322]
[From the U.S. Government Publishing Office]




110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-322

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



 
        EMERGENCY MANAGEMENT PERFORMANCE GRANTS REAUTHORIZATION

                                _______
                                

 September 10, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2775]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2775) to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to 
authorize funding for emergency management performance grants, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

  Subtitle B of title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding 
at the end the following:

``SEC. 630. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

  ``(a) In General.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program (in this section referred to as 
the `program') to carry out the provisions of this title and section 
201.
  ``(b) Federal Share.--Except as otherwise specifically provided by 
this Act, the Federal share of the cost of an activity carried out 
using funds made available under the program shall not exceed 50 
percent.
  ``(c) Apportionment.--For fiscal year 2009, and each fiscal year 
thereafter, the Administrator shall apportion the amounts appropriated 
to carry out the program among the States as follows:
          ``(1) Baseline amount.--The Administrator shall first 
        apportion 0.25 percent of such amounts to each of American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        and the Virgin Islands and 0.75 of such amounts to each of the 
        remaining States.
          ``(2) Remainder.--The Administrator shall apportion the 
        remainder of such amounts in the ratio that--
                  ``(A) the population of each State; bears to
                  ``(B) the population of all States.
  ``(d) Minimum Apportionment.--If the total amount appropriated to 
carry out the program for a fiscal year equals or exceeds $200,000,000, 
no State shall receive an apportionment under subsection (c) for the 
fiscal year that is less than the amount that the State received in 
emergency management performance grants for fiscal year 2007.
  ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program $450,000,000 for fiscal year 
2009, $500,000,000 for fiscal year 2010, and $550,000,000 for fiscal 
year 2011. Such sums shall remain available until expended.''.

SEC. 2. CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.

  Section 614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c) is amended to read as follows:

``SEC. 614. CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.

  ``(a) Grants.--The Administrator of the Federal Emergency Management 
Agency may make grants to States under this title for equipping, 
upgrading, and constructing State and local emergency operations 
centers.
  ``(b) Federal Share.--Notwithstanding any other provision of this 
title, the Federal share of the cost of an activity carried out using 
amounts from grants made under this section shall not exceed 75 
percent.''.

                       Purpose of the Legislation

    H.R. 2775, as amended, authorizes the Emergency Management 
Performance Grant (``EMPG'') program under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(``Stafford Act''). H.R. 2775 further amends the Stafford Act 
to allow the Federal Government to finance up to 75 percent of 
the costs of equipping, upgrading, and constructing state or 
local Emergency Operations Centers (``EOCs'').

                  Background and Need for Legislation

    The Emergency Management Performance Grant program is the 
Federal Government's principal grant program to assist State 
and local emergency managers in preparing for all hazards. 
Administered by the Federal Emergency Management Agency 
(``FEMA''), this grant program has been in existence, under 
different names, since the 1950s.
    H.R. 2775 codifies the EMPG program in the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act. The 
Stafford Act is the natural and historic home for this program, 
as this longstanding program derives its authority from this 
Act.
    The EMPG program has a long, successful history of 
fostering emergency management preparedness capabilities at the 
state and local level. The program requires a non-Federal share 
of 50 percent, but state and local governments overmatch 
Federal funds by approximately $96 million each year. The 50-
percent cost share is specifically designed to require state 
and local governments to contribute their resources to building 
strong emergency management capabilities.
    Across the nation, States face a far greater risk of 
experiencing a natural disaster or other catastrophe than 
suffering a terrorist attack. Yet, Federal spending for all-
hazards preparedness, through the EMPG program, continues to 
fall far short of what the Federal Government spends for 
programs specifically targeted to terrorism. In FY 2006, 
funding for the EMPG program represented approximately 10 
percent of the funding allocated to terrorism preparedness 
programs.
    The EMPG program has historically relied on an indefinite 
authorization for appropriations in Title VI of the Stafford 
Act. In the 109th Congress, Congress authorized appropriations 
of $375 million for the EMPG program for FY 2008 (P.L. 109-
295). H.R. 2775 codifies the EMPG program as an amendment to 
the Stafford Act, and authorizes a total of $1.5 billion for 
the program for fiscal years 2009 through 2011.
    The Committee has received strong support for H.R. 2775 
from State and local emergency managers. In a June 25, 2007 
letter to Chairman Oberstar and Subcommittee Chairwoman Norton, 
the National Emergency Management Association, representing 
State emergency management officials, stated that the bill 
would strengthen state and local emergency management programs 
by maintaining the program's traditional historical legislative 
authority, the Stafford Act. The International Association of 
Emergency Managers, representing city and county emergency 
management officials, also submitted a letter expressing 
support for the authorization of the EMPG program under the 
Stafford Act, citing the importance of maintaining the link 
between the EMPG program and other phases of emergency 
management, including response, recovery, and mitigation.

                       Summary of the Legislation


Section 1. Emergency Management Performance Grants

    Subsection (a) codifies the EMPG program in the Stafford 
Act. The EMPG program currently relies on the authority of the 
Stafford Act.
    Subsection (b) specifies that the Federal share of the cost 
of an activity carried out using funds made available under the 
EMPG program shall not exceed 50 percent, consistent with 
current program implementation.
    Subsection (c) apportions 0.75 percent of the funds 
appropriated to EMPG to each state, the District of Columbia, 
and Puerto Rico; and 0.25 percent to other territories. The 
balance of the program funds are distributed on the basis of 
population. This funding distribution formula is consistent 
with FEMA's current practice in administering the program.
    Subsection (d) assures that no State will receive in any 
fiscal year less than the State received in fiscal year 2007, 
provided that the total appropriation for the EMPG program in 
that fiscal year equals or exceeds $200 million, the amount 
appropriated for the program in FY 2007.
    Subsection (e) authorizes a total of $1.5 billion for 
fiscal years 2009 through 2011 for the Administrator of FEMA to 
continue to implement the EMPG program.

Section 2. Construction of Emergency Operations Centers

    Section 2 amends section 614 of the Stafford Act, 
concerning the Federal share for construction of Emergency 
Operations Centers. Section 2 allows the Federal Government to 
finance up to 75 percent of the costs of equipping, upgrading, 
and constructing State or local EOCs. While equipping, 
upgrading, and constructing EOCs are eligible activities under 
the EMPG program, section 2 applies the Federal cost share to 
the EMPG program and any other program authorized under Title 
VI of the Stafford Act that provides grants for construction of 
EOCs.

            Legislative History and Committee Consideration

    In the 110th Congress, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management has 
held several hearings on FEMA, including a hearing on April 26, 
2007, on ``FEMA's Preparedness and Response to All Hazards''. 
The EMPG program was discussed at length at that hearing by 
both Members of Congress and witnesses.
    On June 19, 2007, Chairman James L. Oberstar introduced 
H.R. 2775, a bill to amend the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act to authorize funding for 
emergency management performance grants, and for other 
purposes.
    On June 28, 2007, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2775. The 
Committee adopted an amendment in the nature of a substitute to 
the bill by voice vote. The amendment made three changes to 
H.R. 2775. The amendment added a provision to guarantee that no 
State will receive less EMPG funds, in any year, than the State 
received in fiscal year 2007, provided that the total 
appropriation for the EMPG program in that fiscal year equals 
or exceeds $200 million, the amount appropriated for the 
program in FY 2007. The amendment also increased the 
authorization of appropriations for fiscal year 2009 from $400 
million to $450 million and clarified that the Federal cost 
share for emergency operations centers applies to grants made 
to States for state or local EOCs. The Committee ordered the 
bill, as amended, reported favorably to the House by voice 
vote.

                              Record 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 recorded votes taken in connection with any amendment 
offered to H.R. 2775 or with ordering H.R. 2775 reported. A 
motion to order H.R. 2775, 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.

                          Cost of Legislation

    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.

                    Compliance with House Rule XIII

    1. With respect to the requirement 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, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize the Emergency Management Performance Grants program 
and to allow the Federal Government to pay for up to 75 percent 
of the construction of state or local EOCs.
    3. 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. 2775 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, U.S. House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2775, a bill to 
amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to authorize funding for emergency management 
performance grants, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Daniel 
Hoople (for federal costs) and Melissa Merrill (for the state 
and local impact).
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

H.R. 2775--A bill to amend the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act to authorize funding for emergency 
        management performance grants, and for other purposes

    Summary: H.R. 2775 would authorize the appropriation of 
$1.5 billion over the 2009-2011 period for the Federal 
Emergency Management Agency (FEMA) to make grants to states and 
territories for emergency management. The legislation also 
would codify a 75 percent maximum federal share for grants made 
to states and localities for the equipment, construction, and 
renovation of Emergency Operations Centers. This cost share 
limitation was made permanent by the Congress in 2003 (see 
Public Law 108-7), but was not changed in FEMA's statutory 
authority.
    CBO estimates that implementing H.R. 2775 would cost about 
$1.3 billion over the 2009-2012 period, assuming the 
appropriation of the specified amounts. Enacting the 
legislation would have no effect on direct spending or 
revenues.
    H.R. 2775 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 H.R. 2775 is shown in the following table. 
The cost of this legislation falls within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2007      2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Emergency Management Performance Grants Spending
 Under Current Law:
    Budget Authority/Authorization Level\1\.........       200       375         0         0         0         0
    Estimated Outlays...............................       125       230       170        58        38         0
Proposed Changes:
    Authorization Level.............................         0         0       450       500       550         0
    Estimated Outlays...............................         0         0       180       380       465       315
Emergency Management Performance Grants Spending
 Under H.R. 2775:
    Budget Authority/Authorization Level............       200       275       450       500       550         0
    Estimated Outlays...............................       125       230       350       400       465       315
----------------------------------------------------------------------------------------------------------------
\1\The 2007 level is the amount appropriated for that year for emergency management performance grants. The 2008
  level is the amount authorized to be appropriated for that year by Public Law 109-295.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted during this Congress and that the 
authorized amounts will be appropriated for each fiscal year 
beginning with 2009.
    H.R. 2775 would authorize the appropriation of $1.5 billion 
over the 2009-2011 period for FEMA's Emergency Management 
Performance Grant (EMPG) program. The Congress appropriated 
$200 million for the EMPG program in 2007, and authorized the 
appropriation of $375 million in 2008 (see Public Law 109-295). 
Funds authorized by the bill would be allocated to states and 
territories based on relative population for planning, staff, 
equipment, public education, training, and other emergency 
management activities. Based on the historical expenditure 
pattern for EMPG, CBO estimates that implementing this 
provision would cost $1.3 billion over the 2009-2012 period, 
subject to the appropriation of the specified amounts.
    Intergovernmental and private-sector impact: H.R. 2775 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Assuming appropriation of the authorized 
amounts, state governments would receive $1.3 billion over the 
2009-2012 period for emergency management projects. Any costs 
to those governments could be incurred voluntarily as a 
condition of receiving federal aid.
    Estimate prepared by: Federal costs: Daniel Hoople; Impact 
on state, local, and tribal governments: Melissa Merrell; 
Impact on the private sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                     Compliance with House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2775 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates 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 (Public Law 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. 2775, 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 to the 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).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT



           *       *       *       *       *       *       *
TITLE VI--EMERGENCY PREPAREDNESS

           *       *       *       *       *       *       *


Subtitle A--Powers and Duties

           *       *       *       *       *       *       *


[SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF 
                    EMERGENCY OPERATING CENTERS.

  Notwithstanding any other provision of this title, funds 
appropriated to carry out this title may not be used for the 
purpose of constructing emergency operating centers (or similar 
facilities) in any State unless such State matches in an equal 
amount the amount made available to such State under this title 
for such purpose.]

SEC. 614. CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.

  (a) Grants.--The Administrator of the Federal Emergency 
Management Agency may make grants to States under this title 
for equipping, upgrading, and constructing State and local 
emergency operations centers.
  (b) Federal Share.--Notwithstanding any other provision of 
this title, the Federal share of the cost of an activity 
carried out using amounts from grants made under this section 
shall not exceed 75 percent.

           *       *       *       *       *       *       *


Subtitle B--General Provisions

           *       *       *       *       *       *       *


SEC. 630. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

  (a) In General.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program (in this section referred 
to as the ``program'') to carry out the provisions of this 
title and section 201.
  (b) Federal Share.--Except as otherwise specifically provided 
by this Act, the Federal share of the cost of an activity 
carried out using funds made available under the program shall 
not exceed 50 percent.
  (c) Apportionment.--For fiscal year 2009, and each fiscal 
year thereafter, the Administrator shall apportion the amounts 
appropriated to carry out the program among the States as 
follows:
          (1) Baseline amount.--The Administrator shall first 
        apportion 0.25 percent of such amounts to each of 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, and the Virgin Islands and 0.75 
        of such amounts to each of the remaining States.
          (2) Remainder.--The Administrator shall apportion the 
        remainder of such amounts in the ratio that--
                  (A) the population of each State; bears to
                  (B) the population of all States.
  (d) Minimum Apportionment.--If the total amount appropriated 
to carry out the program for a fiscal year equals or exceeds 
$200,000,000, no State shall receive an apportionment under 
subsection (c) for the fiscal year that is less than the amount 
that the State received in emergency management performance 
grants for fiscal year 2007.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the program $450,000,000 for 
fiscal year 2009, $500,000,000 for fiscal year 2010, and 
$550,000,000 for fiscal year 2011. Such sums shall remain 
available until expended.

           *       *       *       *       *       *       *


                                  
