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 in-
creased 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 build-
ing code; 
‘‘(B) has been adopted by the State within 
6 years of the most recent version of the na-
tionally recognized model building code; and 
‘‘(C) uses the nationally recognized model 
building code as a minimum standard. 
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‘‘(4) PERIODIC UPDATES.—The President, act-
ing through the Administrator, shall set appropriate 
standards, by regulation, for the periodic update, re-
submittal, and approval of a State building code ap-
proved by the President in accordance with para-
graph (3) that are consistent with similar require-
ments related to mitigation planning under section 
322. 
‘‘(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) ACTIVELY
ENFORCING.—The term 
‘actively enforcing’ means effective jurisdic-
tional execution of all phases of a State building 
code in the process of examination and approval 
of construction plans, specifications, and tech-
nical data and the inspection of new construc-
tion or renovation. 
‘‘(B) NATIONALLY
RECOGNIZED
MODEL 
BUILDING CODE.—The term ‘nationally recog-
nized model building code’ means a building 
code for residential and commercial construc-
tion and construction materials that— 
‘‘(i) has been developed and published 
by a code organization in an open con-
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sensus type forum with input from na-
tional experts; and 
‘‘(ii) is based on national structural 
design standards that establish minimum 
acceptable criteria for the design, construc-
tion, and maintenance of residential and 
commercial buildings for the purpose of 
protecting the health, safety, and general 
welfare of the building’s users against nat-
ural disasters. 
‘‘(C) STATE BUILDING CODE.—The term 
‘State building code’ means requirements and 
associated standards for residential and com-
mercial 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 applica-
ble to single-family and 2-family residential 
structures; and 
‘‘(ii) to construction-related activities 
of engineers, architects, designers, and 
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commercial building contractors applicable 
to the structural safety, design, and con-
struction 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.’’. 
SEC. 5. PREDISASTER HAZARD MITIGATION. 
(a) USES OF TECHNICAL AND FINANCIAL ASSIST-
ANCE.—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— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by striking the period at the end of clause 
(iii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(iv) to establish and operate a build-
ing department and carry out enforcement 
activities to implement a State building 
code approved under section 404(d).’’. 
(b) CRITERIA FOR ASSISTANCE AWARDS.—Section 
203(g) of such Act (42 U.S.C. 5133(g)) is amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(9); 
(2) by redesignating paragraph (10) as para-
graph (11); and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) the extent to which the State or local 
government is carrying out activities to implement a 
State building code approved under section 404(d) 
and’’. 
Æ 
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