In the Senate of the United States, 

December 20, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 1746) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Predisaster Hazard 

3 Mitigation Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The predisaster hazard mitigation program 

7 has been successful and cost-effective. Funding from 

8 the predisaster hazard mitigation program has suc9 cessfully reduced loss of life, personal injuries, damage 
2 

† HR 1746 EAS 

1 to and destruction of property, and disruption of 

2 communities from disasters. 

3 (2) The predisaster hazard mitigation program 

4 has saved Federal taxpayers from spending signifi5 cant sums on disaster recovery and relief that would 

6 have been otherwise incurred had communities not 

7 successfully applied mitigation techniques. 

8 (3) A 2007 Congressional Budget Office report 

9 found that the predisaster hazard mitigation program 

10 reduced losses by roughly $3 (measured in 2007 dol11 lars) for each dollar invested in mitigation efforts 

12 funded under the predisaster hazard mitigation pro13 gram. Moreover, the Congressional Budget Office 

14 found that projects funded under the predisaster haz15 ard mitigation program could lower the need for post16 disaster assistance from the Federal Government so 

17 that the predisaster hazard mitigation investment by 

18 the Federal Government would actually save taxpayer 

19 funds. 

20 (4) A 2005 report by the Multihazard Mitigation 

21 Council showed substantial benefits and cost savings 

22 from the hazard mitigation programs of the Federal 

23 Emergency Management Agency generally. Looking at 

24 a range of hazard mitigation programs of the Federal 

25 Emergency Management Agency, the study found 
3 

† HR 1746 EAS 

1 that, on average, $1 invested by the Federal Emer2 gency Management Agency in hazard mitigation pro3 vided the Nation with roughly $4 in benefits. More4 over, the report projected that the mitigation grants 

5 awarded between 1993 and 2003 would save more 

6 than 220 lives and prevent nearly 4,700 injuries over 

7 approximately 50 years. 

8 (5) Given the substantial savings generated from 

9 the predisaster hazard mitigation program in the 

10 years following the provision of assistance under the 

11 program, increasing funds appropriated for the pro12 gram would be a wise investment. 

13 SEC. 3. PREDISASTER HAZARD MITIGATION. 

14 (a) ALLOCATION OF FUNDS.—Section 203(f) of the 

15 Robert T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5133(f)) is amended to read as follows: 

17 ‘‘(f) ALLOCATION OF FUNDS.— 

18 ‘‘(1) IN GENERAL.—The President shall award 

19 financial assistance under this section on a competi20 tive basis and in accordance with the criteria in sub21 section (g). 

22 ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In 

23 providing financial assistance under this section, the 

24 President shall ensure that the amount of financial 

25 assistance made available to a State (including 
4 

† HR 1746 EAS 

1 amounts made available to local governments of the 

2 State) for a fiscal year— 

3 ‘‘(A) is not less than the lesser of— 

4 ‘‘(i) $575,000; or 

5 ‘‘(ii) the amount that is equal to 1 per6 cent of the total funds appropriated to carry 

7 out this section for the fiscal year; and 

8 ‘‘(B) does not exceed the amount that is 

9 equal to 15 percent of the total funds appro10 priated to carry out this section for the fiscal 

11 year.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 203(m) of the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5133(m)) is amended to 

15 read as follows: 

16 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this sec18 tion— 

19 ‘‘(1) $180,000,000 for fiscal year 2011; 

20 ‘‘(2) $200,000,000 for fiscal year 2012; and 

21 ‘‘(3) $200,000,000 for fiscal year 2013.’’. 

22 (c) TECHNICAL CORRECTIONS TO REFERENCES.—The 

23 Robert T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5121 et seq.) is amended— 
5 

† HR 1746 EAS 

1 (1) in section 602(a) (42 U.S.C. 5195a(a)), by 

2 striking paragraph (7) and inserting the following: 

3 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis4 trator’ means the Administrator of the Federal Emer5 gency Management Agency.’’; and 

6 (2) by striking ‘‘Director’’ each place it appears 

7 and inserting ‘‘Administrator’’, except— 

8 (A) in section 622 (42 U.S.C. 5197a)— 

9 (i) in the second and fourth places it 

10 appears in subsection (c); and 

11 (ii) in subsection (d); and 

12 (B) in section 626(b) (42 U.S.C. 5197e(b)). 

13 SEC. 4. PROHIBITION ON EARMARKS. 

14 Section 203 of the Robert T. Stafford Disaster Relief 

15 and Emergency Assistance Act (42 U.S.C. 5133) is amend16 ed by adding at the end the following: 

17 ‘‘(n) PROHIBITION ON EARMARKS.— 

18 ‘‘(1) DEFINITION.—In this subsection, the term 

19 ‘congressionally directed spending’ means a statutory 

20 provision or report language included primarily at 

21 the request of a Senator or a Member, Delegate or 

22 Resident Commissioner of the House of Representa23 tives providing, authorizing, or recommending a spe24 cific amount of discretionary budget authority, credit 

25 authority, or other spending authority for a contract, 
6 

† HR 1746 EAS 

1 loan, loan guarantee, grant, loan authority, or other 

2 expenditure with or to an entity, or targeted to a spe3 cific State, locality, or Congressional district, other 

4 than through a statutory or administrative formula5 driven or competitive award process. 

6 ‘‘(2) PROHIBITION.—None of the funds appro7 priated or otherwise made available to carry out this 

8 section may be used for congressionally directed 

9 spending. 

10 ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad11 ministrator of the Federal Emergency Management 

12 Agency shall submit to Congress a certification re13 garding whether all financial assistance under this 

14 section was awarded in accordance with this sec15 tion.’’. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 1746 

AMENDMENT