[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5177 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5177

    To improve disaster mitigation programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2016

   Mr. Curbelo of Florida (for himself and Mr. Sires) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To improve disaster mitigation programs, 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 ``National Mitigation Investment 
Act''.

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 
        every day;
            (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. ENHANCED MITIGATION ASSISTANCE.

    (a) Additional Mitigation Assistance.--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:
    ``(f) 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 an approved State 
        building code, 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 submit its State 
        building code to the President for approval.
            ``(3) Approval.--The President shall approve a State 
        building code submitted under paragraph (2) if the President 
        determines that the building code--
                    ``(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.
            ``(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) 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.
            ``(6) Definitions.--For purposes of 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.
    ``(g) Use of Assistance.--Recipients of hazard mitigation 
assistance provided under this section and section 203 may use the 
assistance to conduct activities to help reduce the risk of future 
damage, hardship, loss, or suffering in any area affected by a flood, 
including--
            ``(1) adaptation of existing infrastructures, including 
        enhancements to both built and natural environments based on 
        future flood probabilities;
            ``(2) maintenance of existing surge protection 
        infrastructure;
            ``(3) waterfront resilience, including creation of 
        bulkheads, dune enhancement, beach re-nourishment, living 
        seawalls and seashores and levees;
            ``(4) voluntary acquisition of repeatedly flooded 
        properties;
            ``(5) flood water diversion, removal, treatment, and 
        storage infrastructure projects;
            ``(6) flood water distribution along street infrastructure 
        systems, including canal streets, absorbent streets, floodable 
        parks, and underground cisterns; and
            ``(7) enhanced infrastructure for increasing resilience of 
        the freshwater supply to salt water intrusion.''.
    (b) Predisaster Hazard Mitigation.--
            (1) Uses of technical and financial assistance.--Section 
        203(e)(1)(B) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended--
                    (A) by striking ``or'' at the end of clause (ii);
                    (B) by striking the period at the end of clause 
                (iii) and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iv) to establish and operate a building 
                        department and carry out enforcement activities 
                        to implement a State building code approved 
                        under section 404(f).''.
            (2) Criteria for assistance awards.--Section 203(g) of such 
        Act (42 U.S.C. 5133(g)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (9);
                    (B) by redesignating paragraph (10) as paragraph 
                (11); and
                    (C) by inserting after paragraph (9) the following:
            ``(10) the extent to which the State or local government is 
        carrying out activities to implement a State building code 
        approved under section 404(f); and''.

SEC. 5. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall commence, through the National Advisory 
Council, a comprehensive study related to disaster costs and losses 
(referred to in the subsection as the ``Study'').
    (b) Additional Membership.--For the purposes of the study, as soon 
as practicable after the date of enactment of this section, the 
Administrator shall appoint additional qualified members to the 
National Advisory Council from the following:
            (1) Individuals that have the requisite technical knowledge 
        and expertise on issues related to disaster costs and losses.
            (2) Representatives of the insurance industry.
            (3) Experts in and representatives of the construction and 
        building industry.
            (4) Individuals nominated by national organizations 
        representing local governments and personnel.
            (5) Academic experts.
            (6) Vendors, developers, and manufacturers of systems, 
        facilities, equipment, and capabilities for emergency 
        management services.
            (7) Representatives of such other stakeholders and 
        interested and affected parties as the Administrator considers 
        appropriate.
    (c) Consultation With Nonmembers.--The National Advisory Council 
shall consult with other relevant agencies and groups that are not 
represented on the National Advisory Council to consider research, 
data, findings, recommendations, innovative technologies and 
developments, including--
            (1) entities engaged in federally funded research; and
            (2) academic institutions engaged in relevant work and 
        research.
    (d) Recommendations.--Not later than 120 days after the date of 
enactment of this Act, the National Advisory Council shall convene to 
evaluate the following topics and develop recommendations for reducing 
disaster costs and losses:
            (1) Disaster losses.--
                    (A) Cost trends.--Trends in disaster costs 
                including loss of life and injury, property damage to 
                individuals, the private sector, and each level of 
                government (State, local and tribal) since the 
                enactment of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et seq.), to 
                the extent data is available.
                    (B) Contributing factors.--Contributing factors 
                such as shifting demographics and aging infrastructure 
                and their impacts on the trends in disaster losses and 
                costs.
            (2) Disaster costs.--
                    (A) Trends in declarations.--Trends in disaster 
                declarations, including factors contributing to the 
                trends.
                    (B) Disaster assistance.--Disaster assistance 
                available from all Federal sources, including 
                descriptions of programs, eligibility and authorities, 
                where assistance has been used geographically, how 
                quickly the funds are used, how that assistance is 
                coordinated among the various agencies and departments, 
                and recommendations for ways to improve the 
                effectiveness and efficiency of the delivery of such 
                assistance.
                    (C) Costs.--Disaster costs borne by the private 
                sector and individuals.
            (3) Disaster roles and responsibility.--Fundamental 
        principles that should drive national disaster assistance 
        decisionmaking, including the appropriate roles for each level 
        of government, the private sector and individuals.
            (4) Reduction of costs and losses.--
                    (A) Mechanisms and incentives.--Mechanisms and 
                incentives, including tax incentives, to promote 
                disaster cost reduction, mitigation, and recovery, 
                including cost data, projections for the return on 
                investment, and measures of effectiveness.
                    (B) Identification of challenges.--Identify 
                fundamental legal, societal, geographic and 
                technological challenges to implementation.
            (5) Legislative proposals.--Legislative proposals for 
        implementing the recommendations in the report compiled 
        pursuant to the requirement in section 1111 of the Sandy 
        Recovery Improvement Act of 2013 (Public Law 113-2).
    (e) Report to Administrator and Congress.--
            (1) Not later than 1 year after the date of enactment of 
        this section, the National Advisory Council shall submit a 
        report containing the data, analysis, and recommendations 
        developed under subsection (d) to--
                    (A) the Administrator of the Federal Emergency 
                Management Agency;
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate.
            (2) Data availability.--The Administrator shall make the 
        data collected pursuant to this section publically available on 
        the Agency's website.

SEC. 6. ENHANCED MITIGATION INCENTIVES PILOT PROGRAM.

    (a) Use of Building Codes.--The Administrator of the Federal 
Emergency Management Agency shall establish and conduct a pilot program 
to award grants to State, local, and tribal governments to aid and 
encourage the adoption and active enforcement of nationally recognized 
model building codes, State building codes, and related mitigation 
measures.
    (b) Goals.--The goals of the grant program are--
            (1) reducing disaster response and recovery costs to 
        Federal, State, local, and tribal governments by--
                    (A) increasing the resilience of buildings; and
                    (B) reducing the amount of damage and loss that 
                occurs due to disasters and chronic flooding;
            (2) incentivizing communities and individuals to adopt 
        smart development and mitigation measures in advance of 
        disasters.
    (c) Minimum Requirements.--The Administrator shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, provide grant awards annually thereafter;
            (2) establish criteria for awarding grants on a competitive 
        basis based on the demonstrated need of the applicants and the 
        project's ability to accomplish the goals outline in subsection 
        (b); and
            (3) require non-Federal matching funds in an amount equal 
        to not less than 25 percent of the total amount of the grant.
    (d) Reports.--
            (1) Annual reports.--During the period in which the pilot 
        program is conducted under this section, the Administrator 
        shall submit, annually, to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, a report on the grants provided, the projects 
        undertaken, and the outcomes expected.
            (2) Final report.--Not later than 180 days after 
        termination of the pilot program, the Administrator shall 
        submit a final report to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate. The final report shall include--
                    (A) a review and evaluation of the grant awards;
                    (B) recommendations on any permanent changes to the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act; and
                    (C) a progress evaluation in meeting the goals 
                described in subsection (b).
    (e) Termination.--The authorities under this section shall 
terminate on December 31, 2021.
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