[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1746 Enrolled Bill (ENR)]
H.R.1746
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.