[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\
---------------------------------------------------------------------------
    \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.

                                  
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