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[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.

[[Page 124 STAT. 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. <<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

[[Page 124 STAT. 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.

                                  <all>
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