U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–479 

Calendar No. 1040 

PREDISASTER HAZARD MITIGATION ACT OF 

2008 

R E P O R T 

OF THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 3175 

TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND 

EMERGENCY ASSISTANCE ACT TO REAUTHORIZE THE PREDISASTER HAZARD MITIGATION PROGRAM, TO MAKE TECHNICAL 

CORRECTIONS TO THAT ACT, AND FOR OTHER PURPOSES 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008.—Ordered to be 

printed 


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(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 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

MARY BETH SCHULTZ, Counsel 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

ASHA A. MATHEW, Minority Senior Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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Calendar No. 1040 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–479 

PREDISASTER HAZARD MITIGATION ACT OF 2008 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 3175] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 3175) to amend the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act to reauthorize the predisaster hazard mitigation program, to make technical 

corrections to that Act, and for other purposes, having considered 

the same, reports favorably thereon with amendments and recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need ................................................................................... 2 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Estimated Cost of Legislation ....................................................................... 4 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 6 

I. PURPOSE AND SUMMARY

Predisaster mitigation has proven to be a very effective and costeffective way to reduce the damage caused by disasters. The purpose of this legislation is to reduce injuries, loss of life, and property damage and destruction, and, in the long run, save taxpayer 

dollars, by reauthorizing the Predisaster Mitigation (PDM) program for five years. The bill also requires the President to use a 

competitive process, with a minimum and maximum amount of 

funding for each state, as described in the legislation, to award the 

PDM grants. 


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1See FEMA, FY 2008 Pre-Disaster Mitigation Program Guidance, available at http:// 

www.fema.gov/library/viewRecord.do?id=3029. 2 Id. 

3 U.S. Congress, CBO, ‘‘Potential Cost Savings from the Pre-Disaster Mitigation Program’’ 

(September 2007), available at www.cbo.gov/ftpdocs/86xx/doc8653/09–28–Disaster.pdf. CBO conducted this assessment to satisfy a statutory mandate under section 209 of the Disaster Mitigation Act of 2000, Pub. L. 106–390 (42 U.S.C. § 5121 note), which is the Act that authorized the 

current PDM program. 4Multihazard Mitigation Council of the National Institute of Building Sciences, ‘‘Natural Hazard Mitigation Saves: An Independent Study to Assess the Future Savings from Mitigation Activities’’ (2005) available at www.nibs.org/MMC/MitigationSavingsReport/naturallhazardl mitigationlsaves.htm. 5The study looked at three major mitigation grant programs at FEMA: the Hazard Mitigation 

Grant Program (which assists in long-term hazard mitigation measures following presidentially 

declared hazards); Project Impact, (which supported pre-disaster mitigation programs from 1997 

to 2001); and the Flood Mitigation Assistance Program (which funds measures to reduce the risk 

of flood damage to structures insurable under the National Flood Insurance Program). 

II. BACKGROUND AND NEED

The PDM program, which is authorized under section 203 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(‘‘Stafford Act’’) (42 U.S.C. § 5133 et seq.), provides technical and financial assistance to states, tribes, territories, and communities for 

projects to mitigate the risk of future disasters. Administered by 

the Federal Emergency Management Agency (FEMA), the program 

is designed to reduce injuries, loss of life, and property damage and 

destruction, and thereby reduce the harmful impact of disasters on 

the individuals affected and reduce the cost to government at all 

levels.1 Funding is provided under the program both for predisaster 

mitigation planning and for the implementation of mitigation 

projects. Such planning can help local communities to recognize 

hazards and determine priorities for reduction of risks. Such mitigation projects may include activities like the acquisition and relocation of structures out of the floodplain, retrofitting buildings to 

better withstand storms and earthquakes, and protective measures 

for gas and electric utilities, water and sewer systems, and roads 

and bridges.2

This Committee believes that PDM has shown itself to be an effective and cost-effective program for reducing loss of life, personal 

injuries, damage to and destruction of property, and disruption of 

communities from disasters. This assessment is supported by recent studies. In 2007, the Congressional Budget Office (CBO) 

issued a report evaluating the assistance that has resulted, and is 

likely to result, from the PDM program since it was authorized in 

its current form in 2000.3 According to CBO, available information 

suggests that future losses are reduced by about $3 (present value) 

for each $1 spent on mitigation efforts supported under the program. Moreover, CBO found that PDM-funded projects could lower 

the need for federal post-disaster assistance so that the federal 

PDM investment would actually save taxpayer money in terms of 

the federal budget. 

Moreover, a 2005 report by the Multihazard Mitigation Council 

shows substantial benefits and cost savings from FEMA’s hazard 

mitigation programs generally.4 Looking at a range of FEMA programs for the mitigation of hazards,5 the study found that, on average, one dollar spent by FEMA provides the nation about $4 in future benefits. Moreover, FEMA mitigation grants during the ten 

years preceding 2003 are expected to save more than 220 lives and 


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6Multihazard Mitigation Council of the National Institute of Building Sciences, ‘‘Natural Hazard Mitigation Saves: An Independent Study to Assess the Future Savings from Mitigation Activities’’ at iii. 

prevent nearly 4700 injuries over approximately 50 years.6 Significantly, the study found: ‘‘a dollar spent from the federal treasury 

on FEMA mitigation grants potentially saves it about $3.65.’’ 

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, 2008. In order to enable this highly valuable program 

to continue saving lives, property, and taxpayer dollars, S. 3175 

will remove the sunset provision and will authorize annual appropriations through fiscal year 2013. 

As amended by the Committee, the bill will reauthorize the program as a competitive program with a minimum and maximum 

amount of funding for each state. The Committee disapproves of 

the earmarking of PDM program money that has been included in 

recent Homeland Security Appropriations legislation, and believes 

that the competitive award of funds is far more likely to ensure 

that the highest-priority and most cost-effective mitigation projects 

are supported. Also, given the substantial taxpayer savings generated by competitively awarded PDM grants, the Committee has 

authorized additional funding for the program; the bill as amended 

by the Committee authorizes appropriations for fiscal years 2009, 

2010, 2011, 2012, and 2013 of $210 million, $220 million, $230 million, $240 million, and $250 million, respectively. 

Additionally, the bill was amended by the Committee to specify 

that a state may not use more than 25% of the financial assistance 

made available to the state under the PDM program in a fiscal 

year for eligible flood control projects. 

III. LEGISLATIVE HISTORY

S. 3175 was introduced by Senator Joseph Lieberman and Senator Susan Collins on June 20, 2008 and was referred to the Homeland Security and Governmental Affairs Committee. Senator Daniel Akaka joined as a cosponsor at a later date. 

On June 25, 2008, the Committee considered S. 3175. The Committee adopted two amendments, both offered by Senator Pryor. 

The first amendment provided that a state may not use more than 

25% of the financial assistance made available to a state under the 

PDM program in a fiscal year for eligible flood control projects. The 

second amendment increased the levels of authorized appropriations for fiscal years 2009 through 2013 above the levels in the bill 

as introduced. The Committee approved the amendments and ordered the bill favorably reported to the full Senate by voice votes. 

The Senators present for the voice votes were Senators Lieberman, 

Akaka, Carper, Pryor, McCaskill, Collins, Coleman, Coburn, and 

Sununu. Senator Coburn asked that his vote be recorded as nay for 

each of these votes. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section of the bill states that the short title of the Act is the 

‘‘Predisaster Hazard Mitigation Act of 2008.’’ 


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Section 2. Predisaster hazard mitigation 

Subsection (a) amends section 203(f) of the Stafford Act (42 

U.S.C. 5133(f)) to require the President to award PDM grants by 

a competitive process, but to ensure that the amount of financial 

assistance made available to a state for a fiscal year does not fall 

below the lesser of $575,000 or the amount that is equal to 1% of 

the total funds appropriated to carry out section 203. Additionally, 

the subsection requires that the amount of financial assistance 

available to a state may not exceed 15% of the total funds appropriated to carry out section 203 for the fiscal year. 

Subsection (b) amends section 203(m) of the Stafford Act (42 

U.S.C. 5133(m)) to repeal the provision sunsetting the PDM program as of September 30, 2008, and to authorize appropriations of 

$210 million, $220 million, $230 million, $240 million, and $250 

million for the fiscal years 2009 through 2013, respectively. 

Section 3. Technical and conforming amendments 

This section makes technical and conforming amendments to the 

Stafford Act to change the term ‘‘Director’’ of FEMA to ‘‘Administrator’’ of FEMA, in accordance with the Post-Katrina Emergency 

Management Reform Act of 2006, Pub. L. 109–295. 

Section 4. Program eligibility 

This section adds a new section 203(e)(2) to the Stafford Act (42 

U.S.C. 5133(e)(2)), providing that a state may not use more than 

25% of the financial assistance made available to a state under the 

PDM program in a fiscal year for flood control projects. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirement of paragraph 11(b)(1) of rule XXVI 

of the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and has determined that the bill 

would have no regulatory impact. Moreover, CBO states that the 

bill contains no intergovernmental or private sector mandates as 

defined in the Unfunded Mandates Reform Act and would impose 

no costs on state, local, or tribal governments. 

VI. ESTIMATED COST OF LEGISLATION

JULY 7, 2008. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 3175, the Predisaster Hazard Mitigation Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Daniel Hoople and Jeffrey LaFave. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 


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S. 3175—Predisaster Hazard Mitigation Act of 2008 

Summary: S. 3175 would authorize appropriations to the Federal 

Emergency Management Agency (FEMA) for grants to states and 

localities for predisaster mitigation programs such as constructing 

levies, relocating homes from flood-prone areas, and retrofitting 

buildings in areas prone to earthquakes. CBO estimates that implementing S. 3175 would cost $735 million over the 2009–2013 period and $415 million after 2013, assuming appropriation of the 

specified amounts. Enacting S. 3175 would not affect direct spending or revenues. 

S. 3175 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 3175 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 210 220 230 240 250 1,150 

Estimated Outlays ........................................................................ 21 85 173 223 233 735 

Basis of estimate: Under current law, FEMA is authorized 

through 2008 to provide grants to states and localities to help prevent damage in areas frequented by disasters. S. 3175 would extend this authority through fiscal year 2013 and authorize appropriations totaling $1.15 billion, which CBO estimates would cost 

$735 million over the 2009–2013 period and $415 million after 

2013. This estimate of spending is based on historical spending patterns for such grants. 

Intergovernmental and private-sector impact: S. 3175 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Assuming appropriation of authorized amounts, state and local governments would benefit from $735 million in grants over the 2009– 

2013 period for mitigation activities. Any costs to such governments, including matching funds, would be incurred voluntarily. 

Previous CBO estimate: On June 5, 2008, CBO transmitted a 

cost estimate for H.R. 6109, the Predisaster Mitigation Act of 2008, 

as ordered reported by the House Committee on Transportation 

and Infrastructure on May 22, 2008. The bill is similar to S. 3175, 

but the Senate legislation would authorize annual appropriations 

over the 2009–2013 period while H.R. 6109 would authorize appropriations only through 2011. As a result, CBO estimates that the 

cost of implementing S. 3175 would exceed the cost of H.R. 6109 

by $35 million over the 2009–2013 period and by $365 million after 

2013. 

Estimate prepared by: Federal Costs: Daniel Hoople and Jeffrey 

LaFave; Impact on State, Local, and Tribal Governments: Melissa 

Merrell; Impact on the Private Sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 


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VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows: (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman): 

Title 42—The Public Health and Welfare 

Chapter 68—Disaster Relief 

Subchapter II. Disaster Preparedness and Mitigation 

Assistance 

SEC. 5133. PREDISASTER HAZARD MITIGATION. 

(a) * * * 

* * * * * * * 

(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.— 

(1) * * * 

* * * * * * * 

(2) FLOOD CONTROL PROJECTS.— 

(A) IN GENERAL.—A State may use not more than 25 percent of the financial assistance under this section made 

available to the State in a fiscal year (including any such 

financial assistance made available to local governments of 

the State) for flood control projects. 

(B) DEFINITION.—In this paragraph, the term ‘flood control project’— 

(i) means— 

(I) a project relating to the construction, demolition, repair, or improvement of a dam, dike, levee, 

floodwall, seawall, groin, jetty, or breakwater; 

(II) a waterway channelization; or 

(III) an erosion project relating to beach nourishment or renourishment; and 

(ii) does not include any project the maintenance of 

which is the responsibility of a Federal department or 

agency, including the Corps of Engineers. 

ø2¿(3) Dissemination 

* * * * * * * 

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— 

(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 


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(3) shall be subject to the criteria specified in subsection (g) 

of this section.¿ 

‘‘(f) ALLOCATION OF FUNDS.— ‘‘(1) IN GENERAL.—The President shall award financial assistance under this section on a competitive basis and in accordance with the criteria in subsection (g). 

‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In providing financial assistance under this section, the President shall ensure 

that the amount of financial assistance made available to a 

State (including amounts made available to local governments 

of the State) for a fiscal year— 

‘‘(A) is not less than the lesser of— ‘‘(i) $575,000; and 

‘‘(ii) the amount that is equal to 1 percent of the total 

funds appropriated to carry out this section for the fiscal year; and 

‘‘(B) does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section 

for the fiscal year.’’. 

(g) * * * 

* * * * * * * 

ø(m) TERMINATION OF AUTHORITY.—The authority provided by 

this section terminates September 30, 2008.¿ 

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

‘‘(1) $210,000,000 for fiscal year 2009; 

‘‘(2) $220,000,000 for fiscal year 2010; 

‘‘(3) $230,000,000 for fiscal year 2011; 

‘‘(4) $240,000,000 for fiscal year 2012; and 

‘‘(5) $250,000,000 for fiscal year 2013.’’. 

SECTION 5134. INTERAGENCY TASK FORCE. 

(a) * * * 

(b) CHAIRPERSON.—The øDirector¿ Administrator of the Federal 

Emergency Management Agency shall serve as the chairperson of 

the task force. 

SECTION 5144(b). EMERGENCY SUPPORT AND RESPONSE TEAMS. 

(b) EMERGENCY RESPONSE TEAMS.— 

(1) ESTABLISHMENT.—In carrying out subsection (a) of this 

section, the President, acting through the 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 

746(a) of Title 6, 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 emerVerDate Aug 31 2005 22:03 Sep 28, 2008 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR479.XXX SR479

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gency 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 

752(a) of Title 6. 

SECTION 5165d(c)(3). DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. 

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

(1) * * * 

* * * * * * * 

(3) conduct such other activities as the øDirector¿ Administrator of the Federal Emergency Management Agency considers appropriate. 

SECTION 5170c(b). HAZARD MITIGATION. 

(b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.— 

(1) GENERAL AUTHORITY.—In providing hazard mitigation assistance under this section in connection with flooding, the 

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 December 3, 1993, 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) * * * 

* * * * * * * 

SECTION 5172. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES. 

(a) * * * 

* * * * * * * 

(c) LARGE IN-LIEU CONTRIBUTIONS.— 

(1) FOR PUBLIC FACILITIES.— 

(A) * * * 

* * * * * * * 


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(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¿ Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 

U.S.C. 4001 et seq.). 

(D) REDESIGNATED (C).— 

(2) FOR PRIVATE NONPROFIT FACILITIES.— (A) * * * 

* * * * * * * 

(C) LIMITATIONS.—Funds made available to a person 

under this paragraph may not be used for— 

(i) * * * 

(ii) any uninsured private nonprofit facility located 

in a special flood hazard area identified by the øDirector¿ Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act 

of 1968. 

(d) FLOOD INSURANCE.— 

(1) REDUCTION OF FEDERAL ASSISTANCE.—If a public facility 

or private nonprofit facility located in a special flood hazard 

area identified for more than 1 year by the 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 November 23, 1988, by flooding in a major 

disaster and such facility is not covered on the date of such 

flooding by flood insurance, the Federal assistance which 

would otherwise be available under this section with respect to 

repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in accordance 

with paragraph (2). 

(2) * * * 

* * * * * * * 

(e) ELIGIBLE COST.— (1) * * * 

(2) * * * 

(3) EXPERT PANEL.— (A) ESTABLISHMENT.—Not later than 18 months after 

October 30, 2000, the President, acting through the 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) * * * 

* * * * * * * 

SECTION 5195a(a). DEFINITIONS. 

(a) DEFINITIONS.—For purposes of this subchapter only: 

(1) * * * 

* * * * * * * 


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(4) ORGANIZATIONAL EQUIPMENT.—The term ‘‘organizational 

equipment’’ means equipment determined by the øDirector¿ 

Administrator to be necessary to an emergency preparedness 

organization, as distinguished from personal equipment, and of 

such a type or nature as to require it to be financed in whole 

or in part by the Federal Government. Such term does not include those items which the local community normally uses in 

combating local disasters, except when required in unusual 

quantities dictated by the requirements of the emergency preparedness plans. 

(5) * * * 

(6) * * * 

ø(7) DIRECTOR.—The term Director means the Administrator 

of the Federal Emergency Management Agency.¿ 

(7) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Federal Emergency Management Agency. 

* * * * * * * 

§ 5195b. Administration of subchapter. 

This subchapter shall be carried out by the øDirector¿ Administrator of the Federal Emergency Management Agency. 

SECTION 5196. DETAILED FUNCTIONS OF ADMINISTRATION. 

(a) IN GENERAL.—In order to carry out the policy described in 

section 5195 of this title, the 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 RESPONSIBILITIES.—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 Administrator øDirector¿ 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— 


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(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) FINANCIAL 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 

Administrator øDirector¿ 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 


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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, 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 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. 


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(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 with sections 3141–3144, 

3146, and 3147 of Title 40, and every such employee shall receive compensation at a rate not less than one and 1⁄2 times 

the basic rate of pay of the employee for all hours worked in 

any workweek in excess of eight hours in any workday or 40 

hours in the workweek, as the case may be. The 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 3145 of Title 40. 

(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. Any funds 

received as proceeds from the sale or other disposition of such materials and facilities shall be deposited into the Treasury as miscellaneous receipts. 

SECTION 5196a. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES. 

The 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. 

SECTION 5196b. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES. 

(a) GENERAL AUTHORITY.—To further assist in carrying out the 

purposes of this subchapter, the Director øAdministrator¿ may 

make financial contributions to the States (including interstate 

emergency preparedness authorities established pursuant to section 5196(h) of this title) for necessary and essential State and local 

emergency preparedness personnel and administrative expenses, on 

the basis of approved plans (which shall be consistent with the 

Federal emergency response plans for emergency preparedness) for 

the emergency preparedness of the States. The financial contributions to the States under this section may not exceed one-half of 

the total cost of such necessary and essential State and local emergency preparedness personnel and administrative expenses. 

(b) PLAN REQUIREMENTS.—A plan submitted under this section 

shall— 

(1) * * * 

(2) * * * 


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(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; 

(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) * * * 

(c) CATASTROPHIC INCIDENT ANNEX.— 

(1) * * * 

* * * * * * * 

(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 subchapter, amounts to be made available to the States for the purposes of this section. Regulations governing allocations to the 

States under this subsection shall give due regard to (1) the criticality of the areas which may be affected by hazards with respect 

to the development of the total emergency preparedness readiness 

of the United States, (2) the relative state of development of emergency preparedness readiness of the State, (3) population, and (4) 

such other factors as the 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 PREPAREDNESS OPERATIONAL PLANS.—In approving standards for State and 

local emergency preparedness operational plans pursuant to subsection (b)(3) of this section, 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. 


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SECTION 5196f. DISASTER RELATED INFORMATION SERVICES. 

(a) IN GENERAL.—Consistent with section 5151(a) of this title, 

the øDirector¿ Administrator of Federal Emergency Management 

Agency shall— 

(1) * * * 

* * * * * * * 

(b) GROUP SIZE.—For purposes of subsection (a) of this section, 

the øDirector¿ Administrator of Federal Emergency Management 

Agency shall define the size of a population group. 

SECTION 5197. ADMINISTRATIVE AUTHORITY. 

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

duties assigned to the øDirector¿ Administrator under this subchapter, 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 subchapter. 

(2) Persons holding other offices or positions under the 

United States for which they receive compensation, while serving as advisory personnel, shall receive no additional compensation for such service. Other part-time or temporary advisory personnel so employed may serve without compensation or 

may receive compensation at a rate not to exceed $180 for each 

day of service, plus authorized subsistence and travel, as determined by the 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 subchapter. 

(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 subchapter 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. 

(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 subchapter and 

perform any of the powers and duties provided by this subchapter. 

The øDirector¿ Administrator may perform any of the powers and 

duties provided by this subchapter through or with the aid of such 


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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 subchapter 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 appropriations under this 

subchapter (or from funds otherwise available for the purposes 

of this subchapter for any approved plan, program, or project 

with respect to which there is such failure to comply) until the 

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) * * * 

SECTION 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 of the 

Federal Emergency Management Agency¿ Administrator. In the 

event such full field investigation by the Director of the Office of 

Personnel Management develops any data reflecting that such applicant for a position of critical importance is of questionable loyalty or reliability for security purposes, or if the øDirector of the 

Federal Emergency Management Agency¿ Administrator for any 

other reason considers it to be advisable, such investigation shall 

be discontinued and a report thereon shall be referred to the øDiVerDate Aug 31 2005 22:03 Sep 28, 2008 Jkt 069010 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\SR479.XXX SR479

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

Federal Emergency Management Agency¿ Administrator may refer 

the matter to the Federal Bureau of Investigation for the conduct 

of a full field investigation by such Bureau. The result of such latter investigation by such Bureau shall be furnished to the øDirector of the Federal Emergency Management Agency¿ Administrator 

for action. 

SECTION 5197b. USE OF EXISTING FACILITIES. 

In performing duties under this subchapter, 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 subchapter. 

SECTION 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 subchapter, accompanied by such 

recommendations as the øDirector¿ Administrator considers appropriate. 

SECTION 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. 

Æ 


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