House Report 110-322 - EMERGENCY MANAGEMENT PERFORMANCE GRANTS REAUTHORIZATION

[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.

* * * * * * *