II 

Calendar No. 1040 

110TH CONGRESS 

2D SESSION S. 3175 

[Report No. 110–479] 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to reauthorize the predisaster hazard mitigation program, to make 

technical corrections to that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20 (legislative day, JUNE 19), 2008 

Mr. LIEBERMAN (for himself, Ms. COLLINS, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LIEBERMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the predisaster hazard mitigation program, to make technical corrections 

to that Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

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

3 Mitigation Act of 2008’’. 

4 SEC. 2. PREDISASTER HAZARD MITIGATION. 

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

6 Robert T. Stafford Disaster Relief and Emergency Assist7 ance Act (42 U.S.C. 5133(f)) is amended to read as fol8 lows: 

9 ‘‘(f) ALLOCATION OF FUNDS.— 

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

11 financial assistance under this section on a competi12 tive basis and in accordance with the criteria in sub13 section (g). 

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

15 providing financial assistance under this section, the 

16 President shall ensure that the amount of financial 

17 assistance made available to a State (including 

18 amounts made available to local governments of the 

19 State) for a fiscal year— 

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

21 ‘‘(i) $575,000; and 

22 ‘‘(ii) the amount that is equal to 1 

23 percent of the total funds appropriated to 

24 carry out this section for the fiscal year; 

25 and 


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

2 equal to 15 percent of the total funds appro3 priated to carry out this section for the fiscal 

4 year.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 203(m) of the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 5133(m)) is amend8 ed to read as follows: 

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

10 are authorized to be appropriated to carry out this sec11 tion— 

12 ‘‘(1) $160,000,000 for fiscal year 2009; 

13 ‘‘(2) $170,000,000 for fiscal year 2010; 

14 ‘‘(3) $180,000,000 for fiscal year 2011; 

15 ‘‘(4) $190,000,000 for fiscal year 2012; and 

16 ‘‘(5) $200,000,000 for fiscal year 2013. 

17 ‘‘(1) $210,000,000 for fiscal year 2009; 

18 ‘‘(2) $220,000,000 for fiscal year 2010; 

19 ‘‘(3) $230,000,000 for fiscal year 2011; 

20 ‘‘(4) $240,000,000 for fiscal year 2012; and 

21 ‘‘(5) $250,000,000 for fiscal year 2013.’’. 

22 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

23 The Robert T. Stafford Disaster Relief and Emer24 gency Assistance Act (42 U.S.C. 5121 et seq.) is amend25 ed— 


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1 (1) in section 204(b) (42 U.S.C. 5134(b)), by 

2 striking ‘‘Director’’ and inserting ‘‘Administrator’’; 

3 (2) in section 303(b) (42 U.S.C. 5144(b)), by 

4 striking ‘‘Director’’ each place it appears and insert5 ing ‘‘Administrator’’; 

6 (3) in section 326(c)(3) (42 U.S.C. 

7 5165d(c)(3)), by striking ‘‘Director’’ and inserting 

8 ‘‘Administrator’’; 

9 (4) in section 404(b) (42 U.S.C. 5170c(b)), by 

10 striking ‘‘Director’’ each place it appears and insert11 ing ‘‘Administrator’’; 

12 (5) in section 406 (42 U.S.C. 5172), by striking 

13 ‘‘Director’’ each place it appears and inserting ‘‘Ad14 ministrator’’; 

15 (6) in section 602(a) (42 U.S.C. 5195a(a))— 

16 (A) in paragraph (4), by striking ‘‘Direc17 tor’’ and inserting ‘‘Administrator’’; and 

18 (B) by striking paragraph (7) and insert19 ing the following: 

20 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis21 trator’ means the Administrator of the Federal 

22 Emergency Management Agency.’’; 

23 (7) in sections 603 through 613 (42 U.S.C. 

24 5195b et seq.), by striking ‘‘Director’’ each place it 

25 appears and inserting ‘‘Administrator’’; 


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1 (8) in sections 616 and 621 (42 U.S.C. 5196f 

2 and 5197), by striking ‘‘Director’’ each place it ap3 pears and inserting ‘‘Administrator’’; 

4 (9) in section 622 (42 U.S.C. 5197a)— 

5 (A) in subsection (a), by striking ‘‘Direc6 tor’’ each place it appears and inserting ‘‘Ad7 ministrator’’; 

8 (B) in subsection (b), by striking ‘‘Direc9 tor’’ and inserting ‘‘Administrator’’; and 

10 (C) in subsection (c)— 

11 (i) by striking ‘‘Director’’ the first 

12 place it appears and inserting ‘‘Adminis13 trator’’; and 

14 (ii) by striking ‘‘Director of the Fed15 eral Emergency Management Agency’’ 

16 each place it appears and inserting ‘‘Ad17 ministrator’’; 

18 (10) in sections 623 and 624 (42 U.S.C. 5197b 

19 and 5197c), by striking ‘‘Director’’ each place it ap20 pears and inserting ‘‘Administrator’’; and 

21 (11) in section 629 (42 U.S.C. 5197h), by 

22 striking ‘‘Director’’ each place it appears and insert23 ing ‘‘Administrator’’. 


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1 SEC. 4. PROGRAM ELIGIBILITY. 

2 Section 203(e) of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5133(e)) is 

4 amended— 

5 (1) by redesignating paragraph (2) as para6 graph (3); and 

7 (2) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) FLOOD CONTROL PROJECTS.— 

10 ‘‘(A) IN GENERAL.—A State may use not 

11 more than 25 percent of the financial assistance 

12 under this section made available to the State in 

13 a fiscal year (including any such financial as14 sistance made available to local governments of 

15 the State) for flood control projects. 

16 ‘‘(B) DEFINITION.—In this paragraph, the 

17 term ‘flood control project’— 

18 ‘‘(i) means— 

19 ‘‘(I) a project relating to the con20 struction, demolition, repair, or im21 provement of a dam, dike, levee, 

22 floodwall, seawall, groin, jetty, or 

23 breakwater; 

24 ‘‘(II) a waterway channelization; 

25 or 


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1 ‘‘(III) an erosion project relating 

2 to beach nourishment or renourish3 ment; and 

4 ‘‘(ii) does not include any project the 

5 maintenance of which is the responsibility 

6 of a Federal department or agency, includ7 ing the Corps of Engineers.’’. 


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Calendar No. 1040 

110TH CONGRESS 

2D SESSION S. 3175 

[Report No. 110–479] 

A BILL 

To amend the Robert T. Stafford Disaster Relief 

purposes. technical corrections to that Act, and for other predisaster hazard mitigation program, to make and Emergency Assistance Act to reauthorize the 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 

Reported with amendments 


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