[111th Congress Public Law 351]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 3863]]
Public Law 111-351
111th Congress
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. <<NOTE: Jan. 4, 2011 - [H.R. 1746]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Predisaster
Hazard Mitigation Act of 2010.>>
SECTION 1. <<NOTE: 42 USC 5121 note.>> SHORT TITLE.
This Act may be cited as the ``Predisaster Hazard Mitigation Act of
2010''.
SEC. 2. <<NOTE: 42 USC 5133 note.>> 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.
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(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. <<NOTE: President. Grants.>> --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) <<NOTE: Definition.>> Administrator.--The term
`Administrator' means the Administrator of the Federal Emergency
Management Agency.''; and
(2) <<NOTE: 42 USC 5134, 5144, 5165d, 5170c, 5172, 5195a,
5195b, 5196-5196b, 5196f, 5197-5197c, 5197h.>> 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
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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.''.
Approved January 4, 2011.
LEGISLATIVE HISTORY--H.R. 1746:
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HOUSE REPORTS: No. 111-83 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD:
Vol. 155 (2009):
Apr. 27, considered and passed
House.
Vol. 156 (2010):
Dec. 20, considered and passed
Senate, amended.
Dec. 21, House concurred in Senate
amendment.
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