    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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.

    [[Page 3864]]

    (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

    [[Page 3865]]

    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:
    ---------------------------------------------------------------------------

    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.