[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Senate]
[Pages 23103-23104]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  PRE-DISASTER MITIGATION ACT OF 2009

  Mr. KERRY. Mr. President, I ask unanimous consent that the Homeland 
Security and Governmental Affairs Committee be discharged from further 
consideration of H.R. 1746 and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1746) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. KERRY. Mr. President, I ask unanimous consent that the Lieberman 
substitute amendment, which is at the desk, be agreed to; the bill, as 
amended, be read three times and passed; the motions to reconsider be 
laid upon the table; and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4916) was agreed to, as follows:

       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.

[[Page 23104]]

       (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.''.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 1746), as amended, was passed.

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