U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

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 


mstockstill on DSKH9S0YB1PROD with HEARINGScongress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

EDWARD E. KAUFMAN, Delaware 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

(III) 

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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

mstockstill on DSKH9S0YB1PROD with HEARINGS

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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

2 

1The program is authorized under section 203 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (‘‘Stafford Act’’) (42 U.S.C. §§ 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. 

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. § 5121 note), which is the Act that authorized the current PDM program. 4The 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. 5Multihazard 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/Part1lfinal.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). 6The 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). 7Multihazard Mitigation Council, supra note 5, at iii. 

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

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

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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

3 

8Multihazard Mitigation Council, supra note 5, at 6. 

that ‘‘a dollar spent from the federal treasury on FEMA mitigation 

grants potentially saves it about $3.65.’’ 8

Under section 203(m) of the Stafford Act (42 U.S.C. § 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. § 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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

4 

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. § 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. 

§ 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 spendmstockstill on DSKH9S0YB1PROD with HEARINGS

5 

ing 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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

6 

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) * * * 

* * * * * * * 

ø(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— 

ø(1) shall be not less than the lesser of— 

ø(A) $500,000; or 

ø(B) the amount that is equal to 1.0 percent of the total 

funds appropriated to carry out this section for the fiscal 

year; 

ø(2) shall not exceed 15 percent of the total funds described 

in paragraph (1)(B); and 

ø(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) * * * 

* * * * * * * 

ø(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. 

mstockstill on DSKH9S0YB1PROD with HEARINGS

7 

(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 øDirector¿ 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 øDirector¿ Administrator of the 

Federal Emergency Management Agency, shall establish— 

(A) * * * 

* * * * * * * 

(2) TARGET CAPABILITY LEVEL.—The øDirector¿ 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 øDirector¿ 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 øDirector¿ 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) * * * 

* * * * * * * 

mstockstill on DSKH9S0YB1PROD with HEARINGS

8 

(c) DUTIES.—The Small State and Rural Advocate shall— 

(1) * * * 

* * * * * * * 

(3) conduct such other activities as the øDirector¿ 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 

øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ Adminmstockstill on DSKH9S0YB1PROD with HEARINGS

9 

istrator 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ 

Administrator to be necessary to an emergency preparedness 

mstockstill on DSKH9S0YB1PROD with HEARINGS

10 

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) * * * 

* * * * * * * 

ø(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 øDirector¿ 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 øDirector¿ Administrator shall have the authorities provided in this section. 

(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.—The 

øDirector¿ 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 øDirector¿ 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 RESPONSIBIL- ITIES.—With the approval of the President, the øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator may study and develop emergency preparedness measures designed to afford adequate protection of life and property, including— 

(1) * * * 

* * * * * * * 

(f) TRAINING PROGRAMS.—(1) The øDirector¿ Administrator 

may— 

mstockstill on DSKH9S0YB1PROD with HEARINGS

11 

(A) * * * 

* * * * * * * 

(2) The terms prescribed by the øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator may publicly disseminate 

appropriate emergency preparedness information by all appropriate 

means. 

(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The øDirector¿ 

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 øDirector¿ Administrator may— 

(A) * * * 

* * * * * * * 

(i) MATERIALS AND FACILITIES.—(1) The øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 

øDirector¿ Administrator shall prescribe. 

(j) FINANACIAL CONTRIBUTIONS.—(1) The øDirector¿ Administrator may make financial contributions, on the basis of programs 

or projects approved by the øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator may make financial contributions, on the basis of programs or projects approved by the øDirector¿ Administrator, to the States and local authorities for animal 

emergency preparedness purposes, including the procurement, conmstockstill on DSKH9S0YB1PROD with HEARINGS

12 

struction, 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 øDirector¿ 

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 øDirector¿ 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 øDirector¿ 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 øDirector¿ 

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 øDirector¿ 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 øDirector¿ Administrator. The øDirector¿ 

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 øDirector¿ 

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 øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator necessary for the use 

of such facility for emergency preparedness purposes. 

(8) The øDirector¿ 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 

øDirector¿ 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 

mstockstill on DSKH9S0YB1PROD with HEARINGS

13 

with the Act of March 3, 1931 (commonly known as the DavisBacon 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 øDirector¿ 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 øDirector¿ Administrator may arrange for the sale or disposal 

of materials and facilities found by the øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ 

Administrator; 

(4) * * * 

(5) provide that the State shall make such reports in such 

form and content as the øDirector¿ Administrator may require; 

mstockstill on DSKH9S0YB1PROD with HEARINGS

14 

(6) make available to duly authorized representatives of the 

øDirector¿ 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 øDirector¿ Administrator shall 

establish such other terms and conditions as the øDirector¿ Administrator considers necessary and proper to carry out this section. 

(e) * * * 

(f) ALLOCATION OF FUNDS.—For each fiscal year concerned, the 

øDirector¿ 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 øDirector¿ Administrator shall prescribe. The øDirector¿ 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 PREPARED- NESS OPERATIONAL PLANS.—In approving standards for State and 

local emergency preparedness operational plans pursuant to subsection (b)(3), the øDirector¿ 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 øDirector¿ Administrator notifies the States of the allocations under 

this section, the øDirector¿ Administrator may reallocate such 

funds, or portions thereof, among the other States in such amounts 

as, in the judgment of the øDirector¿ Administrator, will best assure the adequate development of the emergency preparedness capability of the United States. 

(i) ANNUAL REPORTS.—The øDirector¿ 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 

øDirector¿ Administrator of Federal Emergency Management 

Agency shall— 

(1) * * * 

* * * * * * * 

(b) GROUP SIZE.—For purposes of subsection (a), the øDirector¿ 

Administrator of Federal Emergency Management Agency shall define the size of a population group. 

mstockstill on DSKH9S0YB1PROD with HEARINGS

15 

Subtitle B—General Provisions 

SEC. 5197. ADMINISTRATIVE AUTHORITY. 

(a) IN GENERAL.—For the purpose of carrying out the powers and 

duties assigned to the øDirector¿ Administrator under this title, 

the øDirector¿ Administrator may exercise the administrative authorities provided under this section. 

(b) ADVISORY PERSONNEL.—(1) The øDirector¿ 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 øDirector¿ 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 øDirector¿ 

Administrator. 

(c) SERVICES OF OTHER AGENCY PERSONNEL AND VOLUNTEERS.— 

The øDirector¿ Administrator may— 

(1) * * * 

* * * * * * * 

(d) GIFTS.—Notwithstanding any other provision of law, the øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator may purchase such 

printing, binding, and blank-book work from public, commercial, or 

private printing establishments or binderies as the øDirector¿ 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 øDirector¿ 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 øDirector¿ 

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 øDirector¿ 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 øDirector¿ 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 

øDirector¿ Administrator may notify such State or person that further payments will not be made to the State or person from appromstockstill on DSKH9S0YB1PROD with HEARINGS

16 

priations 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 øDirector¿ Administrator is satisfied that there will no longer be any 

such failure. 

(2) Until so satisfied, the øDirector¿ 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 øDirector¿ Administrator shall establish such security requirements and safeguards, including restrictions with respect to access to information and property as the øDirector¿ 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 øDirector¿ Administrator. 

(c) NATIONAL SECURITY POSITIONS.—No employee of the Federal 

Emergency Management Agency shall occupy any position determined by the øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ 

Administrator of the Federal Emergency Management Agency for 

evaluation in writing. Thereafter, the øDirector¿ 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 øDirector¿ Administrator of the Federal Emergency Management Agency for action. 

(d) * * * 

mstockstill on DSKH9S0YB1PROD with HEARINGS

17 

SEC. 5197b. USE OF EXISTING FACILITIES. 

In performing duties under this title, the øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator considers appropriate. 

* * * * * * * 

SEC. 5197h. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION 

PROGRAM. 

(a) IN GENERAL.—The øDirector¿ 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 øDirector¿ 

Administrator at such time, in such manner, and accompanied by 

such information as the øDirector¿ Administrator may reasonably 

require. The øDirector¿ Administrator shall establish a procedure 

by which to accept such applications. 

(f) * * * 

* * * * * * * 

Æ 

mstockstill on DSKH9S0YB1PROD with HEARINGS