[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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) * * *

           *       *       *       *       *       *       *

    (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.

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) 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.).
          (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) * * *

           *       *       *       *       *       *       *


                                  
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