II Calendar No. 1040 110th CONGRESS 2d Session S. 3175 [Report No. 110–479] IN THE SENATE OF THE UNITED STATES June 20 (legislative day, June 19), 2008 Mr. Lieberman (for himself, Ms. Collins, and Mr. Akaka) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs September 22 (legislative day, September 17), 2008 Reported by Mr. Lieberman, with amendments Omit the part struck through and insert the part printed in italic A BILL 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.

1.

Short title

This Act may be cited as the Predisaster Hazard Mitigation Act of 2008.

2.

Predisaster hazard mitigation

(a)

Allocation of funds

Section 203(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is amended to read as follows: (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. . (b)

Authorization of appropriations

Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended to read as follows: (m)

Authorization of appropriations

There are authorized to be appropriated to carry out this section— (1)$160,000,000 for fiscal year 2009; (2)$170,000,000 for fiscal year 2010; (3)$180,000,000 for fiscal year 2011; (4)$190,000,000 for fiscal year 2012; and (5)$200,000,000 for fiscal year 2013. (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. .

3.

Technical and conforming amendments

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended— (1)in section 204(b) (42 U.S.C. 5134(b)), by striking Director and inserting Administrator; (2)in section 303(b) (42 U.S.C. 5144(b)), by striking Director each place it appears and inserting Administrator; (3)in section 326(c)(3) (42 U.S.C. 5165d(c)(3)), by striking Director and inserting Administrator; (4)in section 404(b) (42 U.S.C. 5170c(b)), by striking Director each place it appears and inserting Administrator; (5)in section 406 (42 U.S.C. 5172), by striking Director each place it appears and inserting Administrator; (6)in section 602(a) (42 U.S.C. 5195a(a))— (A)in paragraph (4), by striking Director and inserting Administrator; and (B)by striking paragraph (7) and inserting the following: (7)

Administrator

The term Administrator means the Administrator of the Federal Emergency Management Agency. ; (7)in sections 603 through 613 (42 U.S.C. 5195b et seq.), by striking Director each place it appears and inserting Administrator; (8)in sections 616 and 621 (42 U.S.C. 5196f and 5197), by striking Director each place it appears and inserting Administrator; (9)in section 622 (42 U.S.C. 5197a)— (A)in subsection (a), by striking Director each place it appears and inserting Administrator; (B)in subsection (b), by striking Director and inserting Administrator; and (C)in subsection (c)— (i)by striking Director the first place it appears and inserting Administrator; and (ii)by striking Director of the Federal Emergency Management Agency each place it appears and inserting Administrator; (10)in sections 623 and 624 (42 U.S.C. 5197b and 5197c), by striking Director each place it appears and inserting Administrator; and (11)in section 629 (42 U.S.C. 5197h), by striking Director each place it appears and inserting Administrator.

4.

Program eligibility

Section 203(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)) is amended— (1)by redesignating paragraph (2) as paragraph (3); and (2)by inserting after paragraph (1) the following: (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. .

September 22 (legislative day, September 17), 2008 Reported with amendments