[Senate Report 110-479]
[From the U.S. Government Publishing Office]
Calendar No. 1040
110th Congress Report
SENATE
2d Session 110-479
======================================================================
PREDISASTER HAZARD MITIGATION ACT OF 2008
__________
R E P O R T
of the
COMMITTEE ON
HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3175
TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT TO REAUTHORIZE THE PREDISASTER HAZARD MITIGATION
PROGRAM, TO MAKE TECHNICAL CORRECTIONS TO THAT ACT, AND FOR OTHER
PURPOSES
September 22 (legislative day, September 17), 2008.--Ordered to be
printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia
JON TESTER, Montana JOHN E. SUNUNU, New Hampshire
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Mary Beth Schultz, Counsel
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Asha A. Mathew, Minority Senior Counsel
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 1040
110th Congress Report
SENATE
2d Session 110-479
======================================================================
PREDISASTER HAZARD MITIGATION ACT OF 2008
_______
September 22 (legislative day, September 17), 2008.--Ordered to be
printed
_______
Mr. Lieberman, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 3175]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3175) to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
to reauthorize the predisaster hazard mitigation program, to
make technical corrections to that Act, and for other purposes,
having considered the same, reports favorably thereon with
amendments and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need..............................................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Estimated Cost of Legislation....................................4
VII. Changes in Existing Law Made by the Bill, as Reported............6
I. Purpose and Summary
Predisaster mitigation has proven to be a very effective
and cost-effective way to reduce the damage caused by
disasters. The purpose of this legislation is to reduce
injuries, loss of life, and property damage and destruction,
and, in the long run, save taxpayer dollars, by reauthorizing
the Predisaster Mitigation (PDM) program for five years. The
bill also requires the President to use a competitive process,
with a minimum and maximum amount of funding for each state, as
described in the legislation, to award the PDM grants.
II. Background and Need
The PDM program, which is authorized under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (``Stafford Act'') (42 U.S.C. Sec. 5133 et seq.), provides
technical and financial assistance to states, tribes,
territories, and communities for projects to mitigate the risk
of future disasters. Administered by the Federal Emergency
Management Agency (FEMA), the program is designed to reduce
injuries, loss of life, and property damage and destruction,
and thereby reduce the harmful impact of disasters on the
individuals affected and reduce the cost to government at all
levels.\1\ Funding is provided under the program both for
predisaster mitigation planning and for the implementation of
mitigation projects. Such planning can help local communities
to recognize hazards and determine priorities for reduction of
risks. Such mitigation projects may include activities like the
acquisition and relocation of structures out of the floodplain,
retrofitting buildings to better withstand storms and
earthquakes, and protective measures for gas and electric
utilities, water and sewer systems, and roads and bridges.\2\
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\1\See FEMA, FY 2008 Pre-Disaster Mitigation Program Guidance,
available at http://www.fema.gov/library/viewRecord.do?id=3029.
\2\Id.
---------------------------------------------------------------------------
This Committee believes that PDM has shown itself to be an
effective and cost-effective program for reducing loss of life,
personal injuries, damage to and destruction of property, and
disruption of communities from disasters. This assessment is
supported by recent studies. In 2007, the Congressional Budget
Office (CBO) issued a report evaluating the assistance that has
resulted, and is likely to result, from the PDM program since
it was authorized in its current form in 2000.\3\ According to
CBO, available information suggests that future losses are
reduced by about $3 (present value) for each $1 spent on
mitigation efforts supported under the program. Moreover, CBO
found that PDM-funded projects could lower the need for federal
post-disaster assistance so that the federal PDM investment
would actually save taxpayer money in terms of the federal
budget.
---------------------------------------------------------------------------
\3\U.S. Congress, CBO, ``Potential Cost Savings from the Pre-
Disaster Mitigation Program'' (September 2007), available at
www.cbo.gov/ftpdocs/86xx/doc8653/09-28-Disaster.pdf. CBO conducted this
assessment to satisfy a statutory mandate under section 209 of the
Disaster Mitigation Act of 2000, Pub. L. 106-390 (42 U.S.C. Sec. 5121
note), which is the Act that authorized the current PDM program.
---------------------------------------------------------------------------
Moreover, a 2005 report by the Multihazard Mitigation
Council shows substantial benefits and cost savings from FEMA's
hazard mitigation programs generally.\4\ Looking at a range of
FEMA programs for the mitigation of hazards,\5\ the study found
that, on average, one dollar spent by FEMA provides the nation
about $4 in future benefits. Moreover, FEMA mitigation grants
during the ten years preceding 2003 are expected to save more
than 220 lives and prevent nearly 4700 injuries over
approximately 50 years.\6\ Significantly, the study found: ``a
dollar spent from the federal treasury on FEMA mitigation
grants potentially saves it about $3.65.''
---------------------------------------------------------------------------
\4\Multihazard Mitigation Council of the National Institute of
Building Sciences, ``Natural Hazard Mitigation Saves: An Independent
Study to Assess the Future Savings from Mitigation Activities'' (2005)
available at www.nibs.org/MMC/MitigationSavingsReport/natural_hazard_
mitigation_saves.htm.
\5\The study looked at three major mitigation grant programs at
FEMA: the Hazard Mitigation Grant Program (which assists in long-term
hazard mitigation measures following presidentially declared hazards);
Project Impact, (which supported pre-disaster mitigation programs from
1997 to 2001); and the Flood Mitigation Assistance Program (which funds
measures to reduce the risk of flood damage to structures insurable
under the National Flood Insurance Program).
\6\Multihazard Mitigation Council of the National Institute of
Building Sciences, ``Natural Hazard Mitigation Saves: An Independent
Study to Assess the Future Savings from Mitigation Activities'' at iii.
---------------------------------------------------------------------------
Under section 203(m) of the Stafford Act (42 U.S.C.
Sec. 5133(m)), the authority to provide PDM assistance will
terminate on September 30, 2008. In order to enable this highly
valuable program to continue saving lives, property, and
taxpayer dollars, S. 3175 will remove the sunset provision and
will authorize annual appropriations through fiscal year 2013.
As amended by the Committee, the bill will reauthorize the
program as a competitive program with a minimum and maximum
amount of funding for each state. The Committee disapproves of
the earmarking of PDM program money that has been included in
recent Homeland Security Appropriations legislation, and
believes that the competitive award of funds is far more likely
to ensure that the highest-priority and most cost-effective
mitigation projects are supported. Also, given the substantial
taxpayer savings generated by competitively awarded PDM grants,
the Committee has authorized additional funding for the
program; the bill as amended by the Committee authorizes
appropriations for fiscal years 2009, 2010, 2011, 2012, and
2013 of $210 million, $220 million, $230 million, $240 million,
and $250 million, respectively.
Additionally, the bill was amended by the Committee to
specify that a state may not use more than 25% of the financial
assistance made available to the state under the PDM program in
a fiscal year for eligible flood control projects.
III. Legislative History
S. 3175 was introduced by Senator Joseph Lieberman and
Senator Susan Collins on June 20, 2008 and was referred to the
Homeland Security and Governmental Affairs Committee. Senator
Daniel Akaka joined as a cosponsor at a later date.
On June 25, 2008, the Committee considered S. 3175. The
Committee adopted two amendments, both offered by Senator
Pryor. The first amendment provided that a state may not use
more than 25% of the financial assistance made available to a
state under the PDM program in a fiscal year for eligible flood
control projects. The second amendment increased the levels of
authorized appropriations for fiscal years 2009 through 2013
above the levels in the bill as introduced. The Committee
approved the amendments and ordered the bill favorably reported
to the full Senate by voice votes. The Senators present for the
voice votes were Senators Lieberman, Akaka, Carper, Pryor,
McCaskill, Collins, Coleman, Coburn, and Sununu. Senator Coburn
asked that his vote be recorded as nay for each of these votes.
IV. Section-by-Section Analysis
Section 1. Short title
This section of the bill states that the short title of the
Act is the ``Predisaster Hazard Mitigation Act of 2008.''
Section 2. Predisaster hazard mitigation
Subsection (a) amends section 203(f) of the Stafford Act
(42 U.S.C. 5133(f)) to require the President to award PDM
grants by a competitive process, but to ensure that the amount
of financial assistance made available to a state for a fiscal
year does not fall below the lesser of $575,000 or the amount
that is equal to 1% of the total funds appropriated to carry
out section 203. Additionally, the subsection requires that the
amount of financial assistance available to a state may not
exceed 15% of the total funds appropriated to carry out section
203 for the fiscal year.
Subsection (b) amends section 203(m) of the Stafford Act
(42 U.S.C. 5133(m)) to repeal the provision sunsetting the PDM
program as of September 30, 2008, and to authorize
appropriations of $210 million, $220 million, $230 million,
$240 million, and $250 million for the fiscal years 2009
through 2013, respectively.
Section 3. Technical and conforming amendments
This section makes technical and conforming amendments to
the Stafford Act to change the term ``Director'' of FEMA to
``Administrator'' of FEMA, in accordance with the Post-Katrina
Emergency Management Reform Act of 2006, Pub. L. 109-295.
Section 4. Program eligibility
This section adds a new section 203(e)(2) to the Stafford
Act (42 U.S.C. 5133(e)(2)), providing that a state may not use
more than 25% of the financial assistance made available to a
state under the PDM program in a fiscal year for flood control
projects.
V. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and has
determined that the bill would have no regulatory impact.
Moreover, CBO states that the bill 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.
VI. Estimated Cost of Legislation
July 7, 2008.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3175, the
Predisaster Hazard Mitigation Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Daniel
Hoople and Jeffrey LaFave.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 3175--Predisaster Hazard Mitigation Act of 2008
Summary: S. 3175 would authorize appropriations to the
Federal Emergency Management Agency (FEMA) for grants to states
and localities for predisaster mitigation programs such as
constructing levies, relocating homes from flood-prone areas,
and retrofitting buildings in areas prone to earthquakes. CBO
estimates that implementing S. 3175 would cost $735 million
over the 2009-2013 period and $415 million after 2013, assuming
appropriation of the specified amounts. Enacting S. 3175 would
not affect direct spending or revenues.
S. 3175 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. 3175 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 210 220 230 240 250 1,150
Estimated Outlays....................................... 21 85 173 223 233 735
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Under current law, FEMA is authorized
through 2008 to provide grants to states and localities to help
prevent damage in areas frequented by disasters. S. 3175 would
extend this authority through fiscal year 2013 and authorize
appropriations totaling $1.15 billion, which CBO estimates
would cost $735 million over the 2009-2013 period and $415
million after 2013. This estimate of spending is based on
historical spending patterns for such grants.
Intergovernmental and private-sector impact: S. 3175
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Assuming appropriation of authorized
amounts, state and local governments would benefit from $735
million in grants over the 2009-2013 period for mitigation
activities. Any costs to such governments, including matching
funds, would be incurred voluntarily.
Previous CBO estimate: On June 5, 2008, CBO transmitted a
cost estimate for H.R. 6109, the Predisaster Mitigation Act of
2008, as ordered reported by the House Committee on
Transportation and Infrastructure on May 22, 2008. The bill is
similar to S. 3175, but the Senate legislation would authorize
annual appropriations over the 2009-2013 period while H.R. 6109
would authorize appropriations only through 2011. As a result,
CBO estimates that the cost of implementing S. 3175 would
exceed the cost of H.R. 6109 by $35 million over the 2009-2013
period and by $365 million after 2013.
Estimate prepared by: Federal Costs: Daniel Hoople and
Jeffrey LaFave; Impact on State, Local, and Tribal Governments:
Melissa Merrell; Impact on the Private Sector: Paige Piper/
Bach.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following 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):
Title 42--The Public Health and Welfare
Chapter 68--Disaster Relief
Subchapter II. Disaster Preparedness and Mitigation Assistance
SEC. 5133. PREDISASTER HAZARD MITIGATION.
(a) * * *
* * * * * * *
(e) Uses of Technical and Financial Assistance.--
(1) * * *
* * * * * * *
(2) Flood control projects.--
(A) In general.--A State may use not more
than 25 percent of the financial assistance
under this section made available to the State
in a fiscal year (including any such financial
assistance made available to local governments
of the State) for flood control projects.
(B) Definition.--In this paragraph, the term
`flood control project'--
(i) means--
(I) a project relating to the
construction, demolition,
repair, or improvement of a
dam, dike, levee, floodwall,
seawall, groin, jetty, or
breakwater;
(II) a waterway
channelization; or
(III) an erosion project
relating to beach nourishment
or renourishment; and
(ii) does not include any project the
maintenance of which is the
responsibility of a Federal department
or agency, including the Corps of
Engineers.
[2](3) Dissemination
* * * * * * *
[(f) Allocation of Funds.--The amount of financial
assistance made available to a State (including amounts made
available to local governments of the State) under this section
for a fiscal year--
(1) shall be not less than the lesser of--
(A) $500,000; or
(B) the amount that is equal to 1.0 percent
of the total funds appropriated to carry out
this section for the fiscal year;
(2) shall not exceed 15 percent of the total funds
described in paragraph (1)(B); and
(3) shall be subject to the criteria specified in
subsection (g) of this section.]
``(f) Allocation of Funds.--
``(1) In general.--The President shall award
financial assistance under this section on a
competitive basis and in accordance with the criteria
in subsection (g).
``(2) Minimum and maximum amounts.--In providing
financial assistance under this section, the President
shall ensure that the amount of financial assistance
made available to a State (including amounts made
available to local governments of the State) for a
fiscal year--
``(A) is not less than the lesser of--
``(i) $575,000; and
``(ii) the amount that is equal to 1
percent of the total funds appropriated
to carry out this section for the
fiscal year; and
``(B) does not exceed the amount that is
equal to 15 percent of the total funds
appropriated to carry out this section for the
fiscal year.''.
(g) * * *
* * * * * * *
[(m) Termination of Authority.--The authority provided by
this section terminates September 30, 2008.]
``(m) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $210,000,000 for fiscal year 2009;
``(2) $220,000,000 for fiscal year 2010;
``(3) $230,000,000 for fiscal year 2011;
``(4) $240,000,000 for fiscal year 2012; and
``(5) $250,000,000 for fiscal year 2013.''.
SECTION 5134. INTERAGENCY TASK FORCE.
(a) * * *
(b) Chairperson.--The [Director] Administrator of the
Federal Emergency Management Agency shall serve as the
chairperson of the task force.
SECTION 5144(B). EMERGENCY SUPPORT AND RESPONSE TEAMS.
(b) Emergency Response Teams.--
(1) Establishment.--In carrying out subsection (a) of
this section, the President, acting through the
[Director] Administrator of the Federal Emergency
Management Agency, shall establish--
(A) * * *
* * * * * * *
(2) Target capability level.--The [Director]
Administrator shall ensure that specific target
capability levels, as defined pursuant to the
guidelines established under section 746(a) of Title 6,
are established for Federal emergency response teams.
(3) Personnel.--The President, acting through the
[Director] Administrator, shall ensure that the Federal
emergency response teams consist of adequate numbers of
properly planned, organized, equipped, trained, and
exercised personnel to achieve the established target
capability levels. Each emergency response team shall
work in coordination with State and local officials and
onsite personnel associated with a particular incident.
(4) Readiness reporting.--The [Director]
Administrator shall evaluate team readiness on a
regular basis and report team readiness levels in the
report required under section 752(a) of Title 6.
SECTION 5165D(C)(3). DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(c) Duties.--The Small State and Rural Advocate shall--
(1) * * *
* * * * * * *
(3) conduct such other activities as the [Director]
Administrator of the Federal Emergency Management
Agency considers appropriate.
SECTION 5170C(B). HAZARD MITIGATION.
(b) Property Acquisition and Relocation Assistance.--
(1) General authority.--In providing hazard
mitigation assistance under this section in connection
with flooding, the [Director] Administrator of the
Federal Emergency Management Agency may provide
property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
(2) Terms and conditions.--An acquisition or
relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
(A) * * *
(B) on or after December 3, 1993, the
applicant for the assistance enters into an
agreement with the [Director] Administrator
that provides assurances that--
(i) * * *
(ii) no new structure will be erected
on property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program other
than--
(I) * * *
(II) * * *
(III) a structure that the
[Director] Administrator
approves in writing before the
commencement of the
construction of the structure;
and
(iii) * * *
* * * * * * *
SECTION 5172. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED
FACILITIES.
(a) * * *
* * * * * * *
(c) Large In-Lieu Contributions.--
(1) For public facilities.--
(A) * * *
* * * * * * *
(C) Limitations.--Funds made available to a
State or local government under this paragraph
may not be used for--
(i) * * *
(ii) any uninsured public facility
located in a special flood hazard area
identified by the [Director]
Administrator of the Federal Emergency
Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(D) Redesignated (c).--
(2) For private nonprofit facilities.--
(A) * * *
* * * * * * *
(C) Limitations.--Funds made available to a
person under this paragraph may not be used
for--
(i) * * *
(ii) any uninsured private nonprofit
facility located in a special flood
hazard area identified by the
[Director] Administrator of the Federal
Emergency Management Agency under the
National Flood Insurance Act of 1968.
(d) Flood Insurance.--
(1) Reduction of federal assistance.--If a public
facility or private nonprofit facility located in a
special flood hazard area identified for more than 1
year by the [Director] Administrator pursuant to the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.) is damaged or destroyed, after the 180th day
following November 23, 1988, by flooding in a major
disaster and such facility is not covered on the date
of such flooding by flood insurance, the Federal
assistance which would otherwise be available under
this section with respect to repair, restoration,
reconstruction, and replacement of such facility and
associated expenses shall be reduced in accordance with
paragraph (2).
(2) * * *
* * * * * * *
(e) Eligible Cost.--
(1) * * *
(2) * * *
(3) Expert panel.--
(A) Establishment.--Not later than 18 months
after October 30, 2000, the President, acting
through the [Director] Administrator of the
Federal Emergency Management Agency, shall
establish an expert panel, which shall include
representatives from the construction industry
and State and local government.
(B) * * *
* * * * * * *
SECTION 5195A(A). DEFINITIONS.
(a) Definitions.--For purposes of this subchapter only:
(1) * * *
* * * * * * *
(4) Organizational Equipment.--The term
``organizational equipment'' means equipment determined
by the [Director] Administrator to be necessary to an
emergency preparedness organization, as distinguished
from personal equipment, and of such a type or nature
as to require it to be financed in whole or in part by
the Federal Government. Such term does not include
those items which the local community normally uses in
combating local disasters, except when required in
unusual quantities dictated by the requirements of the
emergency preparedness plans.
(5) * * *
(6) * * *
[(7) Director.--The term Director means the
Administrator of the Federal Emergency Management
Agency.]
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
* * * * * * *
Sec. 5195b. Administration of subchapter.
This subchapter shall be carried out by the [Director]
Administrator of the Federal Emergency Management Agency.
SECTION 5196. DETAILED FUNCTIONS OF ADMINISTRATION.
(a) In General.--In order to carry out the policy described
in section 5195 of this title, the [Director] Administrator
shall have the authorities provided in this section.
(b) Federal Emergency Response Plans and Programs.--The
[Director] Administrator may prepare Federal response plans and
programs for the emergency preparedness of the United States
and sponsor and direct such plans and programs. To prepare such
plans and programs and coordinate such plans and programs with
State efforts, the [Director] Administrator may request such
reports on State plans and operations for emergency
preparedness as may be necessary to keep the President,
Congress, and the States advised of the status of emergency
preparedness in the United States.
(c) Delegation of Emergency Preparedness
Responsibilities.--With the approval of the President, the
[Director] Administrator may delegate to other departments and
agencies of the Federal Government appropriate emergency
preparedness responsibilities and review and coordinate the
emergency preparedness activities of the departments and
agencies with each other and with the activities of the States
and neighboring countries.
(d) Communications and Warnings.--The Administrator
[Director] may make appropriate provision for necessary
emergency preparedness communications and for dissemination of
warnings to the civilian population of a hazard.
(e) Emergency Preparedness Measures.--The [Director]
Administrator may study and develop emergency preparedness
measures designed to afford adequate protection of life and
property, including--
(1) * * *
* * * * * * *
(f) Training Programs.--
(1) The [Director] Administrator may--
(A) * * *
* * * * * * *
(2) The terms prescribed by the [Director]
Administrator for the payment of travel expenses and
per diem allowances authorized by this subsection shall
include a provision that such payment shall not exceed
one-half of the total cost of such expenses.
(3) The [Director] Administrator may lease real
property required for the purpose of carrying out this
subsection, but may not acquire fee title to property
unless specifically authorized by law.
(g) Public Dissemination of Emergency Preparedness
Information.--The [Director] Administrator may publicly
disseminate appropriate emergency preparedness information by
all appropriate means.
(h) Emergency Preparedness Compacts.--
(1) The [Director] Administrator shall establish a
program supporting the development of emergency
preparedness compacts for acts of terrorism, disasters,
and emergencies throughout the Nation, by--
(A) * * *
* * * * * * *
(2) The [Director] Administrator may--
(A) * * *
* * * * * * *
(i) Materials and Facilities.--
(1) The [Director] Administrator may procure by
condemnation or otherwise, construct, lease, transport,
store, maintain, renovate or distribute materials and
facilities for emergency preparedness, with the right
to take immediate possession thereof.
(2) * * *
(3) The [Director] Administrator may lease real
property required for the purpose of carrying out the
provisions of this subsection, but shall not acquire
fee title to property unless specifically authorized by
law.
(4) The [Director] Administrator may procure and
maintain under this subsection radiological, chemical,
bacteriological, and biological agent monitoring and
decontamination devices and distribute such devices by
loan or grant to the States for emergency preparedness
purposes, under such terms and conditions as the
[Director] Administrator shall prescribe.
(j) Financial contributions.--
(1) The [Director] Administrator may make financial
contributions, on the basis of programs or projects
approved by the [Director] Administrator, to the States
for emergency preparedness purposes, including the
procurement, construction, leasing, or renovating of
materials and facilities. Such contributions shall be
made on such terms or conditions as the Administrator
[Director] shall prescribe, including the method of
purchase, the quantity, quality, or specifications of
the materials or facilities, and such other factors or
care or treatment to assure the uniformity,
availability, and good condition of such materials or
facilities.
(2) The [Director] Administrator may make financial
contributions, on the basis of programs or projects
approved by the [Director] Administrator, to the States
and local authorities for animal emergency preparedness
purposes, including the procurement, construction,
leasing, or renovating of emergency shelter facilities
and materials that will accommodate people with pets
and service animals.
(3) * * *
(4) The amounts authorized to be contributed by the
[Director] Administrator to each State for
organizational equipment shall be equally matched by
such State from any source it determines is consistent
with its laws.
(5) Financial contributions to the States for
shelters and other protective facilities shall be
determined by taking the amount of funds appropriated
or available to the [Director] Administrator for such
facilities in each fiscal year and apportioning such
funds among the States in the ratio which the urban
population of the critical target areas (as determined
by the [Director] Administrator in each State, at the
time of the determination), bears to the total urban
population of the critical target areas of all of the
States.
(6) The amounts authorized to be contributed by the
[Director] Administrator to each State for such
shelters and protective facilities shall be equally
matched by such State from any source it determines is
consistent with its laws and, if not matched within a
reasonable time, the [Director] Administrator may
reallocate such amounts to other States under the
formula described in paragraph (4). The value of any
land contributed by any State or political subdivision
thereof shall be excluded from the computation of the
State share under this subsection.
(7) The amounts paid to any State under this
subsection shall be expended solely in carrying out the
purposes set forth herein and in accordance with State
emergency preparedness programs or projects approved by
the [Director] Administrator. The [Director]
Administrator shall make no contribution toward the
cost of any program or project for the procurement,
construction, or leasing of any facility which (A) is
intended for use, in whole or in part, for any purpose
other than emergency preparedness, and (B) is of such
kind that upon completion it will, in the judgment of
the [Director] Administrator, be capable of producing
sufficient revenue to provide reasonable assurance of
the retirement or repayment of such cost; except that
(subject to the preceding provisions of this
subsection) the [Director] Administrator may make a
contribution to any State toward that portion of the
cost of the construction, reconstruction, or
enlargement of any facility which the [Director]
Administrator determines to be directly attributable to
the incorporation in such facility of any feature of
construction or design not necessary for the principal
intended purpose thereof but which is, in the judgment
of the [Director] Administrator necessary for the use
of such facility for emergency preparedness purposes.
(8) The [Director] Administrator shall submit to
Congress a report, at least annually, regarding all
contributions made pursuant to this subsection.
(9) All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed with the assistance of any
contribution of Federal funds made by the [Director]
Administrator under this subsection shall be paid wages
at rates not less than those prevailing on similar
construction in the locality as determined by the
Secretary of Labor in accordance with sections 3141-
3144, 3146, and 3147 of Title 40, and every such
employee shall receive compensation at a rate not less
than one and \1/2\ times the basic rate of pay of the
employee for all hours worked in any workweek in excess
of eight hours in any workday or 40 hours in the
workweek, as the case may be. The [Director]
Administrator shall make no contribution of Federal
funds without first obtaining adequate assurance that
these labor standards will be maintained upon the
construction work. The Secretary of Labor shall have,
with respect to the labor standards specified in this
subsection, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.)
and section 3145 of Title 40.
(k) Sale or Disposal of Certain Materials and Facilities.--
The [Director] Administrator may arrange for the sale or
disposal of materials and facilities found by the [Director]
Administrator to be unnecessary or unsuitable for emergency
preparedness purposes in the same manner as provided for excess
property under the Federal Property and Administrative Services
Act of 1949. Any funds received as proceeds from the sale or
other disposition of such materials and facilities shall be
deposited into the Treasury as miscellaneous receipts.
SECTION 5196A. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING
COUNTRIES.
The [Director] Administrator shall give all practicable
assistance to States in arranging, through the Department of
State, mutual emergency preparedness aid between the States and
neighboring countries.
SECTION 5196B. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.
(a) General Authority.--To further assist in carrying out
the purposes of this subchapter, the Director [Administrator]
may make financial contributions to the States (including
interstate emergency preparedness authorities established
pursuant to section 5196(h) of this title) for necessary and
essential State and local emergency preparedness personnel and
administrative expenses, on the basis of approved plans (which
shall be consistent with the Federal emergency response plans
for emergency preparedness) for the emergency preparedness of
the States. The financial contributions to the States under
this section may not exceed one-half of the total cost of such
necessary and essential State and local emergency preparedness
personnel and administrative expenses.
(b) Plan Requirements.--A plan submitted under this section
shall--
(1) * * *
(2) * * *
(3) provide for the development of State and local
emergency preparedness operational plans, including a
catastrophic incident annex, pursuant to standards
approved by the [Director] Administrator;
(4) * * *
(5) provide that the State shall make such reports in
such form and content as the [Director] Administrator
may require;
(6) make available to duly authorized representatives
of the [Director] Administrator and the Comptroller
General, books, records, and papers necessary to
conduct audits for the purposes of this section; and
(7) * * *
(c) Catastrophic Incident Annex.--
(1) * * *
* * * * * * *
(d) Terms and Conditions.--The [Director] Administrator
shall establish such other terms and conditions as the
[Director] Administrator considers necessary and proper to
carry out this section.
(e) * * *
(f) Allocation of Funds.--For each fiscal year concerned,
the [Director] Administrator shall allocate to each State, in
accordance with regulations and the total sum appropriated
under this subchapter, amounts to be made available to the
States for the purposes of this section. Regulations governing
allocations to the States under this subsection shall give due
regard to (1) the criticality of the areas which may be
affected by hazards with respect to the development of the
total emergency preparedness readiness of the United States,
(2) the relative state of development of emergency preparedness
readiness of the State, (3) population, and (4) such other
factors as the [Director] Administrator shall prescribe. The
[Director] Administrator may reallocate the excess of any
allocation not used by a State in a plan submitted under this
section. Amounts paid to any State or political subdivision
under this section shall be expended solely for the purposes
set forth in this section.
(g) Standards for State and Local Emergency Preparedness
Operational Plans.--In approving standards for State and local
emergency preparedness operational plans pursuant to subsection
(b)(3) of this section, the [Director] Administrator shall
ensure that such plans take into account the needs of
individuals with household pets and service animals prior to,
during, and following a major disaster or emergency.
(h) Submission of Plan.--If a State fails to submit a plan
for approval as required by this section within 60 days after
the [Director] Administrator notifies the States of the
allocations under this section, the [Director] Administrator
may reallocate such funds, or portions thereof, among the other
States in such amounts as, in the judgment of the [Director]
Administrator, will best assure the adequate development of the
emergency preparedness capability of the United States.
(i) Annual Reports.--The [Director] Administrator shall
report annually to the Congress all contributions made pursuant
to this section.
SECTION 5196F. DISASTER RELATED INFORMATION SERVICES.
(a) In General.--Consistent with section 5151(a) of this
title, the [Director] Administrator of Federal Emergency
Management Agency shall--
(1) * * *
* * * * * * *
(b) Group Size.--For purposes of subsection (a) of this
section, the [Director] Administrator of Federal Emergency
Management Agency shall define the size of a population group.
SECTION 5197. ADMINISTRATIVE AUTHORITY.
(a) In General.--For the purpose of carrying out the powers
and duties assigned to the [Director] Administrator under this
subchapter, the [Director] Administrator may exercise the
administrative authorities provided under this section.
(b) Advisory Personnel.--
(1) The [Director] Administrator may employ not more
than 100 part-time or temporary advisory personnel
(including not to exceed 25 subjects of the United
Kingdom or citizens of Canada) as the [Director]
Administrator considers to be necessary in carrying out
the provisions of this subchapter.
(2) Persons holding other offices or positions under
the United States for which they receive compensation,
while serving as advisory personnel, shall receive no
additional compensation for such service. Other part-
time or temporary advisory personnel so employed may
serve without compensation or may receive compensation
at a rate not to exceed $180 for each day of service,
plus authorized subsistence and travel, as determined
by the [Director] Administrator.
(c) Services of Other Agency Personnel and Volunteers.--The
[Director] Administrator may--
(1) * * *
* * * * * * *
(d) Gifts.--Notwithstanding any other provision of law, the
[Director] Administrator may accept gifts of supplies,
equipment, and facilities and may use or distribute such gifts
for emergency preparedness purposes in accordance with the
provisions of this subchapter.
(e) Reimbursement.--The [Director] Administrator may
reimburse any Federal agency for any of its expenditures or for
compensation of its personnel and use or consumption of its
materials and facilities under this subchapter to the extent
funds are available.
(f) Printing.--The [Director] Administrator may purchase
such printing, binding, and blank-book work from public,
commercial, or private printing establishments or binderies as
the [Director] Administrator considers necessary upon orders
placed by the Public Printer or upon waivers issued in
accordance with section 504 of Title 44.
(g) Rules and Regulations.--The [Director] Administrator
may prescribe such rules and regulations as may be necessary
and proper to carry out any of the provisions of this
subchapter and perform any of the powers and duties provided by
this subchapter. The [Director] Administrator may perform any
of the powers and duties provided by this subchapter through or
with the aid of such officials of the Federal Emergency
Management Agency as the [Director] Administrator may
designate.
(h) Failure To Expend Contributions Correctly.--
(1) When, after reasonable notice and opportunity for
hearing to the State or other person involved, the
[Director] Administrator finds that there is a failure
to expend funds in accordance with the regulations,
terms, and conditions established under this subchapter
for approved emergency preparedness plans, programs, or
projects, the [Director] Administrator may notify such
State or person that further payments will not be made
to the State or person from appropriations under this
subchapter (or from funds otherwise available for the
purposes of this subchapter for any approved plan,
program, or project with respect to which there is such
failure to comply) until the [Director] Administrator
is satisfied that there will no longer be any such
failure.
(2) Until so satisfied, the [Director] Administrator
shall either withhold the payment of any financial
contribution to such State or person or limit payments
to those programs or projects with respect to which
there is substantial compliance with the regulations,
terms, and conditions governing plans, programs, or
projects hereunder.
(3) * * *
SECTION 5197A. SECURITY REGULATIONS.
(a) Establishment.--The [Director] Administrator shall
establish such security requirements and safeguards, including
restrictions with respect to access to information and property
as the [Director] Administrator considers necessary.
(b) Limitations on Employee Access to Information.--No
employee of the Federal Emergency Management Agency shall be
permitted to have access to information or property with
respect to which access restrictions have been established
under this section, until it shall have been determined that no
information is contained in the files of the Federal Bureau of
Investigation or any other investigative agency of the
Government indicating that such employee is of questionable
loyalty or reliability for security purposes, or if any such
information is so disclosed, until the Federal Bureau of
Investigation shall have conducted a full field investigation
concerning such person and a report thereon shall have been
evaluated in writing by the [Director] Administrator.
(c) National Security Positions.--No employee of the
Federal Emergency Management Agency shall occupy any position
determined by the [Director] Administrator to be of critical
importance from the standpoint of national security until a
full field investigation concerning such employee shall have
been conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in
writing by the [Director of the Federal Emergency Management
Agency] Administrator. In the event such full field
investigation by the Director of the Office of Personnel
Management develops any data reflecting that such applicant for
a position of critical importance is of questionable loyalty or
reliability for security purposes, or if the [Director of the
Federal Emergency Management Agency] Administrator for any
other reason considers it to be advisable, such investigation
shall be discontinued and a report thereon shall be referred to
the [Director of the Federal Emergency Management Agency]
Administrator for evaluation in writing. Thereafter, the
[Director of the Federal Emergency Management Agency]
Administrator may refer the matter to the Federal Bureau of
Investigation for the conduct of a full field investigation by
such Bureau. The result of such latter investigation by such
Bureau shall be furnished to the [Director of the Federal
Emergency Management Agency] Administrator for action.
SECTION 5197B. USE OF EXISTING FACILITIES.
In performing duties under this subchapter, the [Director]
Administrator--
(1) * * *
* * * * * * *
(3) shall refrain from engaging in any form of
activity which would duplicate or parallel activity of
any other Federal department or agency unless the
[Director] Administrator, with the written approval of
the President, shall determine that such duplication is
necessary to accomplish the purposes of this
subchapter.
SECTION 5197C. ANNUAL REPORT TO CONGRESS.
The [Director] Administrator shall annually submit a
written report to the President and Congress covering
expenditures, contributions, work, and accomplishments of the
Federal Emergency Management Agency pursuant to this
subchapter, accompanied by such recommendations as the
[Director] Administrator considers appropriate.
SECTION 5197H. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM.
(a) In General.--The [Director] Administrator shall
establish a minority emergency preparedness demonstration
program to research and promote the capacity of minority
communities to provide data, information, and awareness
education by providing grants to or executing contracts or
cooperative agreements with eligible nonprofit organizations to
establish and conduct such programs.
(b) * * *
* * * * * * *
(e) Application and Review Procedure.--To be eligible to
receive a grant, contract, or cooperative agreement under this
section, an organization must submit an application to the
[Director] Administrator at such time, in such manner, and
accompanied by such information as the [Director] Administrator
may reasonably require. The [Director] Administrator shall
establish a procedure by which to accept such applications.