[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3694 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3694

     To amend the Robert T. Stafford Disaster Relief and Emergency 
   Assistance Act to enhance existing programs providing mitigation 
 assistance by encouraging States to adopt and actively enforce State 
                building codes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2012

 Mr. Menendez introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
   Assistance Act to enhance existing programs providing mitigation 
 assistance by encouraging States to adopt and actively enforce State 
                building codes, and for other purposes.

    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 ``Safe Building Code Incentive Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mitigation planning is the foundation for saving lives, 
        protecting residential and commercial properties, and 
        developing disaster resistant communities;
            (2) recent studies of the performance of building 
        structures during disasters have demonstrated that the adoption 
        and active enforcement of State building codes have greatly 
        reduced residential and commercial property damage and personal 
        injury resulting from major disasters;
            (3) modern building codes govern all aspects of 
        construction and are designed to ensure that single-family 
        residential dwellings and commercial structures are protected 
        from natural disasters;
            (4) the people of the United States rely on active 
        enforcement of modern building codes for assurance that minimum 
        standards for reducing personal injuries and property damages 
        have been met in the buildings they live in, work in, and visit 
        everyday;
            (5) active enforcement of building codes plays an 
        increasingly important role in public safety and loss 
        prevention of residential and commercial property;
            (6) active enforcement of building codes based on 
        nationally recognized models reduces the need for public 
        disaster aid, creates sustainable communities, promotes a level 
        and consistent playing field for design professionals, 
        suppliers, and builders, and can contribute to the durability 
        of residential and commercial structures;
            (7) under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal 
        Emergency Management Agency provides Federal assistance to 
        States for mitigation efforts;
            (8) it is beneficial and appropriate to expand Federal 
        mitigation assistance to encourage States to take a 
        comprehensive and integrated approach to disaster loss 
        reduction; and
            (9) it is beneficial to the Federal Government and 
        appropriate that Federal mitigation assistance be used to 
        encourage the adoption and active enforcement of State building 
        codes as a disaster mitigation strategy under the auspices of a 
        comprehensive disaster loss reduction plan.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) substantially mitigate the occurrence of loss to 
        residential and commercial property, reduce and minimize damage 
        when losses to residential and commercial property occur, 
        improve the quality and value of residential and commercial 
        property, and reduce the need for public disaster aid;
            (2) provide incentives for the adoption and active 
        enforcement of State building codes;
            (3) encourage States to continue their key responsibility 
        to coordinate all State and local activities relating to hazard 
        evaluation and mitigation, as specified in section 201.3(c) of 
        title 44, Code of Federal Regulations, through the adoption and 
        active enforcement of State building codes; and
            (4) encourage States to require that local governments use 
        a current version of a nationally applicable model building 
        code that address natural hazards as a basis for design and 
        construction of State-sponsored mitigation projects described 
        in section 201.5(b)(4)(iv) of title 44, Code of Federal 
        Regulations.

SEC. 4. ADDITIONAL MITIGATION ASSISTANCE.

    (a) In General.--Section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
adding at the end the following:
    ``(d) Additional Mitigation Assistance.--
            ``(1) In general.--If, at the time of a declaration of a 
        major disaster, the affected State has in effect and is 
        actively enforcing throughout the State a State building code 
        that satisfies the conditions in paragraph (2), the President 
        may increase the maximum total of contributions under this 
        section for the major disaster, as specified in subsection (a) 
        and section 322(e), by an amount equal to 4 percent of the 
        estimated aggregate amount of grants to be made (less any 
        associated administrative costs) under this Act with respect to 
        the major disaster.
            ``(2) Submission.--To be eligible for an increased Federal 
        share under paragraph (1), a State shall certify to the 
        President that the State has a building code that--
                    ``(A) is consistent with the most recent version of 
                a nationally recognized model building code;
                    ``(B) has been adopted by the State within 6 years 
                of the most recent version of the nationally recognized 
                model building code; and
                    ``(C) uses the nationally recognized model building 
                code as a minimum standard.
            ``(3) Approval.--The President shall approve the additional 
        assistance under this section, if the President determines that 
        the certification of the State provided under paragraph (2) is 
        sufficient and is submitted not later than 90 days after the 
        date of a declared disaster.
            ``(4) Periodic updates.--The President, acting through the 
        Administrator, shall set appropriate standards, by regulation, 
        for the periodic update, resubmittal, and approval of a State 
        building code approved by the President in accordance with 
        paragraph (3) that are consistent with similar requirements 
        related to mitigation planning under section 322.
            ``(5) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Actively enforcing.--The term `actively 
                enforcing' means effective jurisdictional execution of 
                all phases of a State building code in the process of 
                examination and approval of construction plans, 
                specifications, and technical data and the inspection 
                of new construction or renovation.
                    ``(B) Nationally recognized model building code.--
                The term `nationally recognized model building code' 
                means a building code for residential and commercial 
                construction and construction materials that--
                            ``(i) has been developed and published by a 
                        code organization in an open consensus type 
                        forum with input from national experts; and
                            ``(ii) is based on national structural 
                        design standards that establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of residential 
                        and commercial buildings for the purpose of 
                        protecting the health, safety, and general 
                        welfare of the building's users against natural 
                        disasters.
                    ``(C) State building code.--The term `State 
                building code' means requirements and associated 
                standards for residential and commercial construction 
                and construction materials that are implemented on a 
                statewide basis by ordinance, resolution, law, housing 
                or building code, or zoning ordinance. At a minimum, 
                such requirements and associated standards shall 
                apply--
                            ``(i) to construction-related activities of 
                        residential building contractors applicable to 
                        single-family and 2-family residential 
                        structures; and
                            ``(ii) to construction-related activities 
                        of engineers, architects, designers, and 
                        commercial building contractors applicable to 
                        the structural safety, design, and construction 
                        of commercial, industrial, and multifamily 
                        structures.
            ``(6) Regulations.--Not later than 180 days after the date 
        of enactment of this subsection, the President, acting through 
        the Administrator of the Federal Emergency Management Agency, 
        shall issue such regulations as may be necessary to carry out 
        this subsection.''.
    (b) Applicability.--Section 404(d) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, as added by this section, 
shall apply to major disasters declared on or after October 24, 2012. 
Major disasters declared during the period beginning on October 24, 
2012 and ending on the date of enactment of this Act, shall have 90 
days from date of enactment of this Act to submit the certification 
required under 404(d)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as added by this Act.
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