[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.