Senate Report 111-215 - PREDISASTER HAZARD MITIGATION ACT OF 2010

[Senate Report 111-215]
[From the U.S. Government Publishing Office]

111th Congress Report
SENATE
2d Session 111-215
_______________________________________________________________________

Calendar No. 440

PREDISASTER HAZARD MITIGATION

ACT OF 2010

__________

R E P O R T

of the

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

to accompany

S. 3249

TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT TO REAUTHORIZE THE PREDISASTER HAZARD MITIGATION PROGRAM
AND FOR OTHER PURPOSES

June 23, 2010.--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 TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada
JON TESTER, Montana LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
EDWARD E. KAUFMAN, Delaware

Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Mary Beth Schultz, Counsel
Elyse F. Greenwald, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Adam J. Killian, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk

C O N T E N T S

----------
Page
I. Purpose and Summary..............................................1
II. Background and Need for Legislation..............................1
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............5

Calendar No. 440
111th Congress Report
SENATE
2d Session 111-215

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

PREDISASTER HAZARD MITIGATION ACT OF 2010

_______

June 23, 2010.--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. 3249]

The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3249) to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
to reauthorize the predisaster hazard mitigation program and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.

I. Purpose and Summary

The Federal Emergency Management Agency's (FEMA's)
Predisaster Mitigation (PDM) program offers state, local and
tribal governments technical and financial assistance to
implement predisaster hazard mitigation measures that will
reduce injuries, loss of life and property damage in the event
of a disaster. The purpose of this legislation is to enable
FEMA to continue this important work by reauthorizing the PDM
program for five years. The bill also authorizes a process for
awarding PDM grants, one which is competitive, but operates in
the context of statutory minimum and maximum per-state funding
amounts.

II. Background and Need for Legislation

The PDM program provides technical and financial assistance
to state, local and tribal governments for projects to mitigate
the risk from future disasters. Administered by FEMA, the PDM
program seeks to reduce injuries, loss of life and property
damage and destruction, and thereby lessen the harmful impact
of disasters on the individuals affected and decrease the cost
to government at all levels.\1\ The PDM program offers funding
for both predisaster mitigation planning and the implementation
of mitigation projects. Planning assistance helps local
communities recognize hazards and determine priorities for risk
reduction. Assistance for mitigation projects enables
communities to, among other things, acquire and relocate
structures outside of floodplains, retrofit buildings to better
withstand storms and earthquakes and implement protective
measures for gas and electric utilities, water and sewer
systems, and roads and bridges.\2\
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\1\The program is authorized under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (``Stafford
Act'') (42 U.S.C. Sec. Sec. 5133, et seq.). For a discussion of the
program, see FEMA, FY 2009 Pre-Disaster Mitigation Program Guidance,
available at http://www.fema.gov/library/viewRecord.do?id=3029.
\2\Id.
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The PDM program has been successful and cost-effective.
Funding from PDM has successfully reduced loss of life,
personal injuries, damage to and destruction of property and
disruption of communities from disasters. By doing so, it has
saved the federal taxpayer from spending significant sums on
disaster recovery and relief that would have been otherwise
incurred had the community not successfully applied mitigation
techniques. A 2007 Congressional Budget Office (CBO) report,
for example, found that the PDM program reduced future losses
by roughly three dollars (measured in 2007 dollars) for each
dollar spent on PDM-funded 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.\3\
---------------------------------------------------------------------------
\3\``Potential Cost Savings from the Pre-Disaster Mitigation
Program'' (September 2007) p. VII, 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, P.L. 106-390 (42 U.S.C. Sec. 5121 note), which
is the Act that authorized the current PDM program.
---------------------------------------------------------------------------
A 2005 report by the Multihazard Mitigation Council\4\ also
showed substantial benefits and cost savings from FEMA's hazard
mitigation programs generally.\5\ Looking at a range of FEMA
mitigation programs,\6\ the study found that, on average, one
dollar spent by FEMA on predisaster mitigation provided the
nation with roughly four dollars in future benefits. Moreover,
the report projected that FEMA mitigation grants awarded
between 1993 and 2003 would save more than 220 lives and
prevent nearly 4,700 injuries over approximately 50 years.\7\
Significantly, the study found that ``a dollar spent from the
federal treasury on FEMA mitigation grants potentially saves it
about $3.65.''\8\
---------------------------------------------------------------------------
\4\The Multihazard Mitigation Council is a council of the National
Institute of Building Sciences, which is a non-profit organization
authorized by the U.S. Congress in 1974. The National Institute of
Building Sciences is a public/private partnership with a mission to
serve the public interest by supporting advances in building science
and technology to improve the built environment.
\5\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 http://www.nibs.org/client/assets/files/mmc/
Part1_final.pdf. The Council conducted this assessment for FEMA, which
was required to fund an independent study to assess the future savings
from various types of mitigation activities. This was required in the
Senate Appropriations Committee Report for the Departments of Veterans
Affairs and Housing Development, and Independent Agencies
Appropriations Bill for FY 2000 (Senate Report 106-161).
\6\The study looked at three major mitigation programs at FEMA: the
Hazard Mitigation Grant Program (which assists in long-term hazard
mitigation measures following presidentially declared disasters);
Project Impact (which supported predisaster 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).
\7\Multihazard Mitigation Council, supra note 5, at iii.
\8\Multihazard Mitigation Council, supra note 5, at 6.
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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, 2010. In order to enable this highly
valuable program to continue saving lives, property and
taxpayer dollars, S. 3249 would remove the sunset provision and
authorize annual appropriations through fiscal year (FY) 2015.
The bill requires grant applicants to compete for program
funding, although it sets a minimum and maximum amount of
funding for each state. The Committee disapproves of the
earmarking of PDM program money in recent Homeland Security
Appropriations legislation and believes that awarding funds
competitively is far more likely to ensure assistance for the
highest-priority and most cost-effective mitigation projects.
To emphasize that point, the Committee adopted an amendment
specifying that no PDM program funds could be used to carry out
congressionally directed spending, as defined by rule XLIV of
the Standing Rules of the Senate.
Also, given the substantial taxpayer savings generated by
competitively awarded PDM grants, the Committee authorized
additional funding for the program over recently appropriated
levels; the bill authorizes appropriations for FY 2011 at $180
million, FY 2012 at $190 million, and $200 million for each
year from FY 2013 through FY 2015.

III. Legislative History

Chairman Lieberman and Ranking Minority Member Collins
introduced S. 3249 on April 22, 2010. The bill was referred to
the Homeland Security and Governmental Affairs Committee.
On April 28, 2010, the Committee considered S. 3249. The
Committee adopted by voice vote one amendment offered by
Senator Coburn. The amendment prohibited funds available to the
PDM program from going to congressionally directed spending as
defined by rule XLIV of the Standing Rules of the Senate. In
addition, it required a report to Congress if any funds are
awarded through the PDM program using non-competitive
procedures. The Committee then ordered the bill, as amended,
favorably reported by a voice vote. The Senators present for
the voice votes were Senators Lieberman, Akaka, Carper, Pryor,
Tester, Kaufman, Collins, Coburn, McCain, and Graham.

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 2010.''

Section 2. Predisaster hazard mitigation

Subsection (a) amends section 203(f) of the Stafford Act
(42 U.S.C. Sec. 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 one percent 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 percent 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. Sec. 5133(m)) to repeal the provision sunsetting the
PDM program as of September 30, 2010. It also authorizes
appropriations of $180 million for fiscal year 2011, $190
million for fiscal year 2012, and $200 million for fiscal years
2013 through 2015.
Subsection (c) 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, P.L. 109-295.

Section 3. Prohibition on earmarks

This section amends section 203 of the Stafford Act (42
U.S.C. Sec. 5133) to create a new paragraph (n), which
prohibits the use of PDM program funds for congressionally
directed spending and requires the FEMA Administrator to submit
a report to Congress should any grant be awarded using non-
competitive procedures.

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

May 11, 2010.
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. 3249, the
Predisaster Hazard Mitigation Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf.
Enclosure.

S. 3249--Predisaster Hazard Mitigation Act of 2010

Summary: S. 3249 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 earthquake zones. CBO estimates
that implementing this legislation would cost $630 million over
the 2011-2015 period and $340 million in later years, assuming
appropriation of the specified amounts. Enacting S. 3249 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures would not apply.
S. 3249 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. 3249 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--
------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................ 180 190 200 200 200 970
Estimated Outlays.................................. 18 73 149 192 198 630
----------------------------------------------------------------------------------------------------------------

Basis of estimate: Under current law, FEMA is authorized,
through 2010, to provide grants and technical assistance to
states and localities to implement measures that prevent and
mitigate damages in areas frequented by natural disasters. This
legislation would extend this authority through 2015 and
authorize the appropriation of $970 million over the 2011-2015
period. The authorization level for 2011 would be an increase
of $80 million over the 2010 appropriation level of $100
million (see Public Law 111-83). CBO's estimate of outlays is
based on historical spending patterns for such programs.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 3249
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, those governments would benefit from $630 million in
grants over the 2011-2015 period for predisaster mitigation
activities. Any costs to those governments, including matching
funds, would be incurred voluntarily.
Previous CBO estimate: On April 16, 2009, CBO transmitted a
cost estimate for H.R. 1746, the Pre-Disaster Mitigation Act of
2009, as ordered reported by the House Committee on
Transportation and Infrastructure. The bills are similar;
however, S. 3249 would authorize the appropriation of $130
million less over the 2011-2012 period for predisaster
mitigation grants. Additionally, S. 3249 would authorize the
predisaster mitigation grant program through 2015, while H.R.
1746 would authorize it through 2012.
Estimate prepared by: Federal Costs: Daniel Hoople; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Sam Wice.
Estimate approved by: Theresa Gullo, Deputy 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

TITLE II. DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

SEC. 5133. PREDISASTER HAZARD MITIGATION.

(a) * * *

* * * * * * *

[(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).]
(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; or
(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, 2010.] (m) Authorization
of Appropriations.--There are authorized to be appropriated to
carry out this section--
(1) $180,000,000 for fiscal year 2011;
(2) $190,000,000 for fiscal year 2012;
(3) $200,000,000 for fiscal year 2013;
(4) $200,000,000 for fiscal year 2014; and
(5) $200,000,000 for fiscal year 2015.
(n) Prohibition on Earmarks.
(1) In general.--None of the funds appropriated or
otherwise made available to carry out this section may
be used for congressionally directed spending, as
defined under rule XLIV of the Standing Rules of the
Senate.
(2) Report to congress.--If grants are awarded under
this section using procedures other than competitive
procedures, the Administrator of the Federal Emergency
Management Agency shall submit to Congress a report
explaining why competitive procedures were not used.

SEC. 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.
(c) * * *

* * * * * * *

TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

* * * * * * *

SEC. 5144. EMERENCY SUPPORT AND RESPONSE TEAMS.

(a) * * *
(b) Emergency Response Teams.--
(1) Establishment.--In carrying out subsection (a),
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 646(a) of the
Post-Katrina Emergency Management Reform Act of 2006,
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 652(a) of the Post-
Katrina Emergency Management Reform Act of 2006.

* * * * * * *

SEC. 5165D. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

(a) * * *

* * * * * * *

(3) conduct such other activities as the [Director]
Administrator of the Federal Emergency Management
Agency considers appropriate.

TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

* * * * * * *

SEC. 5170C. HAZARD MITIGATION.

(a) * * *
(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 the date of enactment of this
subsection, 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) * * *

* * * * * * *

SEC. 5172. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED 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.).
(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
(42 U.S.C. 4001 et seq.).
(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 the date of the enactment of the Disaster
Relief and Emergency Assistance Amendments of 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) * * *

* * * * * * *

(3) Expert panel.--
(A) Establishment.--Not later than 18 months
after the date of the enactment of this
paragraph, 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) * * *

* * * * * * *

TITLE VI--EMERGENCY PREPAREDNESS

* * * * * * *

SEC. 5195A. DEFINITIONS.

(a) Definitions.--For purposes of this title 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) * * *

* * * * * * *

[(7) Director.--The term ``Director'' means the
Director of the Federal Emergency Management Agency.]
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.

* * * * * * *

SEC. 5195B. ADMINISTRATION OF TITLE.

This title shall be carried out by the [Director]
Administrator of the Federal Emergency Management Agency.

Subtitle A--Powers and Duties

SEC. 5196. DETAILED FUNCTIONS OF ADMINISTRATION.

(a) In General.--In order to carry out the policy described
in section 601, 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 [Director]
Administrator 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) Finanacial 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 [Director] Administrator 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 the Act of March 3, 1931 (commonly
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), 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 2 of the Act of
June 13, 1934 (40 U.S.C. 276(c)).
(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 (40 U.S.C. 471 et seq.). 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.

SEC. 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.

SEC. 5196B. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.

(a) General Authority.--To further assist in carrying out
the purposes of this title, the [Director] Administrator may
make financial contributions to the States (including
interstate emergency preparedness authorities established
pursuant to section 611(h)) 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) * * *

* * * * * * *

(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) * * *

* * * * * * *

(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 title, 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), 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.

* * * * * * *

SEC. 5196F. DISASTER RELATED INFORMATION SERVICES.

(a) In General.--Consistent with section 308(a) of this
title, the [Director] Administrator of Federal Emergency
Management Agency shall--
(1) * * *

* * * * * * *

(b) Group Size.--For purposes of subsection (a), the
[Director] Administrator of Federal Emergency Management Agency
shall define the size of a population group.

Subtitle B--General Provisions

SEC. 5197. ADMINISTRATIVE AUTHORITY.

(a) In General.--For the purpose of carrying out the powers
and duties assigned to the [Director] Administrator under this
title, 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 title.
(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 title.
(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 title 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, United States Code.
(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 title and
perform any of the powers and duties provided by this title.
The [Director] Administrator may perform any of the powers and
duties provided by this title 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 title 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 title (or from funds
otherwise available for the purposes of this title 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) * * *

SEC. 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] Administrator of the Federal
Emergency Management Agency. 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]
Administrator of the Federal Emergency Management Agency for
any other reason considers it to be advisable, such
investigation shall be discontinued and a report thereon shall
be referred to the [Director] Administrator of the Federal
Emergency Management Agency for evaluation in writing.
Thereafter, the [Director] Administrator of the Federal
Emergency Management Agency 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] Administrator of the Federal Emergency Management
Agency for action.
(d) * * *

SEC. 5197B. USE OF EXISTING FACILITIES.

In performing duties under this title, 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 title.

SEC. 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 title,
accompanied by such recommendations as the [Director]
Administrator considers appropriate.

* * * * * * *

SEC. 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.
(f) * * *

* * * * * * *