[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1746 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                     December 20, 2010.
    Resolved, That the bill from the House of Representatives (H.R. 
1746) entitled ``An Act to amend the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act to reauthorize the pre-disaster mitigation 
program of the Federal Emergency Management Agency.'', do pass with the 
following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Predisaster Hazard Mitigation Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The predisaster hazard mitigation program has been 
        successful and cost-effective. Funding from the predisaster 
        hazard mitigation program has successfully reduced loss of 
        life, personal injuries, damage to and destruction of property, 
        and disruption of communities from disasters.
            (2) The predisaster hazard mitigation program has saved 
        Federal taxpayers from spending significant sums on disaster 
        recovery and relief that would have been otherwise incurred had 
        communities not successfully applied mitigation techniques.
            (3) A 2007 Congressional Budget Office report found that 
        the predisaster hazard mitigation program reduced losses by 
        roughly $3 (measured in 2007 dollars) for each dollar invested 
        in mitigation efforts funded under the predisaster hazard 
        mitigation program. Moreover, the Congressional Budget Office 
        found that projects funded under the predisaster hazard 
        mitigation program could lower the need for post-disaster 
        assistance from the Federal Government so that the predisaster 
        hazard mitigation investment by the Federal Government would 
        actually save taxpayer funds.
            (4) A 2005 report by the Multihazard Mitigation Council 
        showed substantial benefits and cost savings from the hazard 
        mitigation programs of the Federal Emergency Management Agency 
        generally. Looking at a range of hazard mitigation programs of 
        the Federal Emergency Management Agency, the study found that, 
        on average, $1 invested by the Federal Emergency Management 
        Agency in hazard mitigation provided the Nation with roughly $4 
        in benefits. Moreover, the report projected that the mitigation 
        grants awarded between 1993 and 2003 would save more than 220 
        lives and prevent nearly 4,700 injuries over approximately 50 
        years.
            (5) Given the substantial savings generated from the 
        predisaster hazard mitigation program in the years following 
        the provision of assistance under the program, increasing funds 
        appropriated for the program would be a wise investment.

SEC. 3. 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; 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.''.
    (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) $180,000,000 for fiscal year 2011;
            ``(2) $200,000,000 for fiscal year 2012; and
            ``(3) $200,000,000 for fiscal year 2013.''.
    (c) Technical Corrections to References.--The Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
is amended--
            (1) in section 602(a) (42 U.S.C. 5195a(a)), by striking 
        paragraph (7) and inserting the following:
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''; 
        and
            (2) by striking ``Director'' each place it appears and 
        inserting ``Administrator'', except--
                    (A) in section 622 (42 U.S.C. 5197a)--
                            (i) in the second and fourth places it 
                        appears in subsection (c); and
                            (ii) in subsection (d); and
                    (B) in section 626(b) (42 U.S.C. 5197e(b)).

SEC. 4. PROHIBITION ON EARMARKS.

    Section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) is amended by adding at the end the 
following:
    ``(n) Prohibition on Earmarks.--
            ``(1) Definition.--In this subsection, the term 
        `congressionally directed spending' means a statutory provision 
        or report language included primarily at the request of a 
        Senator or a Member, Delegate or Resident Commissioner of the 
        House of Representatives providing, authorizing, or 
        recommending a specific amount of discretionary budget 
        authority, credit authority, or other spending authority for a 
        contract, loan, loan guarantee, grant, loan authority, or other 
        expenditure with or to an entity, or targeted to a specific 
        State, locality, or Congressional district, other than through 
        a statutory or administrative formula-driven or competitive 
        award process.
            ``(2) Prohibition.--None of the funds appropriated or 
        otherwise made available to carry out this section may be used 
        for congressionally directed spending.
            ``(3) Certification to congress.--The Administrator of the 
        Federal Emergency Management Agency shall submit to Congress a 
        certification regarding whether all financial assistance under 
        this section was awarded in accordance with this section.''.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                               H.R. 1746

_______________________________________________________________________

                               AMENDMENT