59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–322 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS 

REAUTHORIZATION 

SEPTEMBER 10, 2007.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2775] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2775) to amend the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act to authorize funding 

for emergency management performance grants, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. EMERGENCY MANAGEMENT PERFORMANCE GRANTS. 

Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding at the end the following: 

‘‘SEC. 630. EMERGENCY MANAGEMENT PERFORMANCE GRANTS. 

‘‘(a) IN GENERAL.—The Administrator of the Federal Emergency Management 

Agency shall continue implementation of an emergency management performance 

grants program (in this section referred to as the ‘program’) to carry out the provisions of this title and section 201. 

‘‘(b) FEDERAL SHARE.—Except as otherwise specifically provided by this Act, the 

Federal share of the cost of an activity carried out using funds made available under 

the program shall not exceed 50 percent. 

‘‘(c) APPORTIONMENT.—For fiscal year 2009, and each fiscal year thereafter, the 

Administrator shall apportion the amounts appropriated to carry out the program 

among the States as follows: 

‘‘(1) BASELINE AMOUNT.—The Administrator shall first apportion 0.25 percent 

of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands and 0.75 of such amounts 

to each of the remaining States. 

‘‘(2) REMAINDER.—The Administrator shall apportion the remainder of such 

amounts in the ratio that— 

‘‘(A) the population of each State; bears to 


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‘‘(B) the population of all States. 

‘‘(d) MINIMUM APPORTIONMENT.—If the total amount appropriated to carry out the 

program for a fiscal year equals or exceeds $200,000,000, no State shall receive an 

apportionment under subsection (c) for the fiscal year that is less than the amount 

that the State received in emergency management performance grants for fiscal 

year 2007. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out the program $450,000,000 for fiscal year 2009, $500,000,000 for fiscal 

year 2010, and $550,000,000 for fiscal year 2011. Such sums shall remain available 

until expended.’’. 

SEC. 2. CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS. 

Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5196c) is amended to read as follows: 

‘‘SEC. 614. CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS. 

‘‘(a) GRANTS.—The Administrator of the Federal Emergency Management Agency 

may make grants to States under this title for equipping, upgrading, and constructing State and local emergency operations centers. 

‘‘(b) FEDERAL SHARE.—Notwithstanding any other provision of this title, the Federal share of the cost of an activity carried out using amounts from grants made 

under this section shall not exceed 75 percent.’’. 

PURPOSE OF THE LEGISLATION

H.R. 2775, as amended, authorizes the Emergency Management 

Performance Grant (‘‘EMPG’’) program under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (‘‘Stafford Act’’). 

H.R. 2775 further amends the Stafford Act to allow the Federal 

Government to finance up to 75 percent of the costs of equipping, 

upgrading, and constructing state or local Emergency Operations 

Centers (‘‘EOCs’’). 

BACKGROUND AND NEED FOR LEGISLATION

The Emergency Management Performance Grant program is the 

Federal Government’s principal grant program to assist State and 

local emergency managers in preparing for all hazards. Administered by the Federal Emergency Management Agency (‘‘FEMA’’), 

this grant program has been in existence, under different names, 

since the 1950s. 

H.R. 2775 codifies the EMPG program in the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act. The Stafford Act is 

the natural and historic home for this program, as this longstanding program derives its authority from this Act. 

The EMPG program has a long, successful history of fostering 

emergency management preparedness capabilities at the state and 

local level. The program requires a non-Federal share of 50 percent, but state and local governments overmatch Federal funds by 

approximately $96 million each year. The 50-percent cost share is 

specifically designed to require state and local governments to contribute their resources to building strong emergency management 

capabilities. 

Across the nation, States face a far greater risk of experiencing 

a natural disaster or other catastrophe than suffering a terrorist 

attack. Yet, Federal spending for all-hazards preparedness, through 

the EMPG program, continues to fall far short of what the Federal 

Government spends for programs specifically targeted to terrorism. 

In FY 2006, funding for the EMPG program represented approximately 10 percent of the funding allocated to terrorism preparedness programs. 


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The EMPG program has historically relied on an indefinite authorization for appropriations in Title VI of the Stafford Act. In the 

109th Congress, Congress authorized appropriations of $375 million for the EMPG program for FY 2008 (P.L. 109–295). H.R. 2775 

codifies the EMPG program as an amendment to the Stafford Act, 

and authorizes a total of $1.5 billion for the program for fiscal 

years 2009 through 2011. 

The Committee has received strong support for H.R. 2775 from 

State and local emergency managers. In a June 25, 2007 letter to 

Chairman Oberstar and Subcommittee Chairwoman Norton, the 

National Emergency Management Association, representing State 

emergency management officials, stated that the bill would 

strengthen state and local emergency management programs by 

maintaining the program’s traditional historical legislative authority, the Stafford Act. The International Association of Emergency 

Managers, representing city and county emergency management officials, also submitted a letter expressing support for the authorization of the EMPG program under the Stafford Act, citing the importance of maintaining the link between the EMPG program and 

other phases of emergency management, including response, recovery, and mitigation. 

SUMMARY OF THE LEGISLATION

Section 1. Emergency Management Performance Grants 

Subsection (a) codifies the EMPG program in the Stafford Act. 

The EMPG program currently relies on the authority of the Stafford Act. 

Subsection (b) specifies that the Federal share of the cost of an 

activity carried out using funds made available under the EMPG 

program shall not exceed 50 percent, consistent with current program implementation. 

Subsection (c) apportions 0.75 percent of the funds appropriated 

to EMPG to each state, the District of Columbia, and Puerto Rico; 

and 0.25 percent to other territories. The balance of the program 

funds are distributed on the basis of population. This funding distribution formula is consistent with FEMA’s current practice in administering the program. 

Subsection (d) assures that no State will receive in any fiscal 

year less than the State received in fiscal year 2007, provided that 

the total appropriation for the EMPG program in that fiscal year 

equals or exceeds $200 million, the amount appropriated for the 

program in FY 2007. 

Subsection (e) authorizes a total of $1.5 billion for fiscal years 

2009 through 2011 for the Administrator of FEMA to continue to 

implement the EMPG program. 

Section 2. Construction of Emergency Operations Centers 

Section 2 amends section 614 of the Stafford Act, concerning the 

Federal share for construction of Emergency Operations Centers. 

Section 2 allows the Federal Government to finance up to 75 percent of the costs of equipping, upgrading, and constructing State or 

local EOCs. While equipping, upgrading, and constructing EOCs 

are eligible activities under the EMPG program, section 2 applies 

the Federal cost share to the EMPG program and any other proVerDate Aug 31 2005 05:43 Sep 12, 2007 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR322.XXX HR322

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gram authorized under Title VI of the Stafford Act that provides 

grants for construction of EOCs. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 110th Congress, the Subcommittee on Economic Development, Public Buildings, and Emergency Management has held several hearings on FEMA, including a hearing on April 26, 2007, on 

‘‘FEMA’s Preparedness and Response to All Hazards’’. The EMPG 

program was discussed at length at that hearing by both Members 

of Congress and witnesses. 

On June 19, 2007, Chairman James L. Oberstar introduced H.R. 

2775, a bill to amend the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act to authorize funding for emergency 

management performance grants, and for other purposes. 

On June 28, 2007, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2775. The Committee adopted an amendment in the nature of a substitute to the 

bill by voice vote. The amendment made three changes to H.R. 

2775. The amendment added a provision to guarantee that no State 

will receive less EMPG funds, in any year, than the State received 

in fiscal year 2007, provided that the total appropriation for the 

EMPG program in that fiscal year equals or exceeds $200 million, 

the amount appropriated for the program in FY 2007. The amendment also increased the authorization of appropriations for fiscal 

year 2009 from $400 million to $450 million and clarified that the 

Federal cost share for emergency operations centers applies to 

grants made to States for state or local EOCs. The Committee ordered the bill, as amended, reported favorably to the House by 

voice vote. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with any amendment offered to H.R. 

2775 or with ordering H.R. 2775 reported. A motion to order H.R. 

2775, as amended, reported favorably to the House was agreed to 

by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 


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COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to authorize the Emergency 

Management Performance Grants program and to allow the Federal Government to pay for up to 75 percent of the construction of 

state or local EOCs. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2775 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 11, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, U.S. 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2775, a bill to amend the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act to 

authorize funding for emergency management performance grants, 

and for other purposes. 

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

to provide them. The CBO staff contacts are Daniel Hoople (for federal costs) and Melissa Merrill (for the state and local impact). 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 2775—A bill to amend the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act to authorize funding for emergency management performance grants, and for other purposes 

Summary: H.R. 2775 would authorize the appropriation of $1.5 

billion over the 2009–2011 period for the Federal Emergency Management Agency (FEMA) to make grants to states and territories 

for emergency management. The legislation also would codify a 75 

percent maximum federal share for grants made to states and localities for the equipment, construction, and renovation of Emergency Operations Centers. This cost share limitation was made 

permanent by the Congress in 2003 (see Public Law 108–7), but 

was not changed in FEMA’s statutory authority. 

CBO estimates that implementing H.R. 2775 would cost about 

$1.3 billion over the 2009–2012 period, assuming the appropriation 

of the specified amounts. Enacting the legislation would have no effect on direct spending or revenues. 


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H.R. 2775 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 H.R. 2775 is shown in the following table. The cost 

of this legislation falls within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

Emergency Management Performance Grants Spending 

Under Current Law: 

Budget Authority/Authorization Level 1 .................... 200 375 0 0 0 0 

Estimated Outlays ................................................... 125 230 170 58 38 0 

Proposed Changes: 

Authorization Level .................................................. 0 0 450 500 550 0 

Estimated Outlays ................................................... 0 0 180 380 465 315 

Emergency Management Performance Grants Spending 

Under H.R. 2775: 

Budget Authority/Authorization Level ...................... 200 275 450 500 550 0 

Estimated Outlays ................................................... 125 230 350 400 465 315 

1 The 2007 level is the amount appropriated for that year for emergency management performance grants. The 2008 level is the amount 

authorized to be appropriated for that year by Public Law 109–295. 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted during this Congress and that the authorized 

amounts will be appropriated for each fiscal year beginning with 

2009. 

H.R. 2775 would authorize the appropriation of $1.5 billion over 

the 2009–2011 period for FEMA’s Emergency Management Performance Grant (EMPG) program. The Congress appropriated $200 

million for the EMPG program in 2007, and authorized the appropriation of $375 million in 2008 (see Public Law 109–295). Funds 

authorized by the bill would be allocated to states and territories 

based on relative population for planning, staff, equipment, public 

education, training, and other emergency management activities. 

Based on the historical expenditure pattern for EMPG, CBO estimates that implementing this provision would cost $1.3 billion over 

the 2009–2012 period, subject to the appropriation of the specified 

amounts. 

Intergovernmental and private-sector impact: H.R. 2775 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. Assuming appropriation of the authorized amounts, state 

governments would receive $1.3 billion over the 2009–2012 period 

for emergency management projects. Any costs to those governments could be incurred voluntarily as a condition of receiving federal aid. 

Estimate prepared by: Federal costs: Daniel Hoople; Impact on 

state, local, and tribal governments: Melissa Merrell; Impact on the 

private sector: Paige Piper/Bach. 

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

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 2775 does not contain any congressional earVerDate Aug 31 2005 05:43 Sep 12, 2007 Jkt 059006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR322.XXX HR322

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marks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of 

Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 2775, as amended, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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): 

ROBERT T. STAFFORD DISASTER RELIEF AND 

EMERGENCY ASSISTANCE ACT 

* * * * * * * 


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TITLE VI—EMERGENCY PREPAREDNESS 

* * * * * * * 

Subtitle A—Powers and Duties 

* * * * * * * 

øSEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF EMERGENCY OPERATING CENTERS. 

Notwithstanding any other provision of this title, funds appropriated to carry out this title may not be used for the purpose of 

constructing emergency operating centers (or similar facilities) in 

any State unless such State matches in an equal amount the 

amount made available to such State under this title for such purpose.¿ 

SEC. 614. CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS. 

(a) GRANTS.—The Administrator of the Federal Emergency Management Agency may make grants to States under this title for 

equipping, upgrading, and constructing State and local emergency 

operations centers. 

(b) FEDERAL SHARE.—Notwithstanding any other provision of this 

title, the Federal share of the cost of an activity carried out using 

amounts from grants made under this section shall not exceed 75 

percent. 

* * * * * * * 

Subtitle B—General Provisions 

* * * * * * * 

SEC. 630. EMERGENCY MANAGEMENT PERFORMANCE GRANTS. 

(a) IN GENERAL.—The Administrator of the Federal Emergency 

Management Agency shall continue implementation of an emergency 

management performance grants program (in this section referred to 

as the ‘‘program’’) to carry out the provisions of this title and section 

201. 

(b) FEDERAL SHARE.—Except as otherwise specifically provided by 

this Act, the Federal share of the cost of an activity carried out 

using funds made available under the program shall not exceed 50 

percent. 

(c) APPORTIONMENT.—For fiscal year 2009, and each fiscal year 

thereafter, the Administrator shall apportion the amounts appropriated to carry out the program among the States as follows: 

(1) BASELINE AMOUNT.—The Administrator shall first apportion 0.25 percent of such amounts to each of American Samoa, 

the Commonwealth of the Northern Mariana Islands, Guam, 

and the Virgin Islands and 0.75 of such amounts to each of the 

remaining States. 

(2) REMAINDER.—The Administrator shall apportion the remainder of such amounts in the ratio that—

(A) the population of each State; bears to 

(B) the population of all States. 


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(d) MINIMUM APPORTIONMENT.—If the total amount appropriated 

to carry out the program for a fiscal year equals or exceeds 

$200,000,000, no State shall receive an apportionment under subsection (c) for the fiscal year that is less than the amount that the 

State received in emergency management performance grants for fiscal year 2007. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out the program $450,000,000 for fiscal 

year 2009, $500,000,000 for fiscal year 2010, and $550,000,000 for 

fiscal year 2011. Such sums shall remain available until expended. 

* * * * * * * 

Æ 


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