HR 2873 SC
ments of air, such as a tornado, but does not include
a hurricane.
‘‘(38) The term ‘windstorm-prone State’ means
a State determined by the Director pursuant to sec-
tion 701 to have an exposure to the windstorm
peril.’’.
SEC. 4. DISASTER ASSISTANCE AMENDMENTS.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) is
amended as follows:
(a) In section 404 (42 U.S.C. 7170c), add ‘‘(a) HAZ-
ARD MITIGATION GRANTS.—’’ following the section head-
ing and add the following new subsections at the end:
‘‘(b) HAZARD MITIGATION INITIATIVES.—Consistent
with this title and other existing Federal law, the Director
shall develop programs to carry out the following multi-
hazard mitigation and emergency management initia-
tives—
‘‘(1) the development of model building codes
and other hazard mitigation measures for cata-
strophic natural disasters, such as hurricanes, wind-
storms, earthquakes, volcanic-eruptions, or floods,
which are based on both preventing personal injuries
and mitigating property damage;
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‘‘(2) adequate training and licensing of archi-
tects, engineers building inspectors, building code
enforcement personnel, planners, and similar profes-
sionals to ensure proper compliance with hazard
mitigation standards;
‘‘(3) expanded research to strengthen building
codes and promote development of cost-effective
building technologies and related hazard mitigation
measures;
‘‘(4) the transfer of hazard mitigation tech-
nology to States, local communities, and other per-
sons, such as private building contractors, respon-
sible for the implementation and enforcement of
hazard mitigation measures;
‘‘(5) aid for Federal, State, and local emergency
response operations following natural disasters which
could include the acquisition of additional facilities,
equipment, and personnel as well as resources for
training and public assistance; and
‘‘(6) education to enhance public awareness of
the risk of and hazards from natural disasters and
ways to mitigate the personal, physical, and eco-
nomic losses.
‘‘(c) FEDERAL REGULATIONS.—Within 18 months of
the date of enactment of the Natural Disaster Protection
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Act of 1993, the Director, in coordination with other Fed-
eral agencies, shall issue final multi-hazard mitigation reg-
ulations necessary to carry out the hazard mitigation ac-
tivities described in subsection (b). Such regulations shall
be issued pursuant to the provisions of subchapter II of
charter 5 of title 5, United States Code.’’.
(b) In section 405 (42 U.S.C. 5171), add the follow-
ing new subsection at the end:
‘‘(d) FEDERALLY-CONNECTED BUILDINGS.—All new
buildings owned or leased by any Federal agency or receiv-
ing Federal assistance shall meet the newest edition of the
relevant building code requirements, including relevant
building and housing codes and performance building
standards. Within 18 months of the date of enactment of
the Natural Disaster Protection Act of 1993, the Director,
in coordination with other Federal agencies, shall issue
final regulations necessary to carry out this subsection,
pursuant to the provisions of subchapter II of chapter 5
of title 5, United States Code.’’.
(c) In section 406 (42 U.S.C. 5172), add the follow-
ing new subsection at the end:
‘‘(g) MITIGATION NON-COMPLIANCE PENALTY.—No
public assistance disaster funds under this section shall
be provided to any local community which has failed, with-
in 5 years from the date of enactment of the Natural Dis-
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aster Protection Act of 1993, to comply with the multi-
hazard building and safety codes described in section
702(a) and the flood performance standards described in
section 702(b).’’.
(d) In section 407 (42 U.S.C. 5173), add the follow-
ing new subsection at the end:
‘‘(e) MITIGATION NON-COMPLIANCE PENALTY.—No
public assistance disaster funds under this section shall
be provided to any local community which has failed, with-
in 5 years from the date of enactment of the Natural Dis-
aster Protection Act of 1993, to comply with the multi-
hazard building and safety codes described in section
702(a) and the flood performance standards described in
section 702(b).’’.
SEC. 5. MULTI-HAZARD MITIGATION PROGRAM.
The Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) is amended
by adding at the end the following new title:
TITLE VII—MULTI-HAZARD MITIGATION
PROGRAM
‘‘SEC. 701. IDENTIFICATION AND DESIGNATION OF DISAS-
TER-PRONE STATES.
‘‘(a) INITIAL IDENTIFICATION.—The Director, con-
sistent with existing Federal law, shall identify States
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which are prone to damages from the following natural
disaster perils—
‘‘(1) hurricanes;
‘‘(2) windstorms;
‘‘(3) earthquakes;
‘‘(4) volcanic eruptions; and
‘‘(5) flooding.
‘‘(b) DESIGNATION BY PERIL.—The Director shall
designate all States identified pursuant to subsection (a)
as disaster-prone States, and separately designate States
as hurricane-prone, windstorm-prone, earthquake-prone,
volcanic eruption-prone, or flood-prone, as appropriate,
within 1 year of the date of the enactment of the Natural
Disaster Protection Act of 1993. The Director shall cause
a listing of such States to be published in the Federal Reg-
ister and in widely circulated local newspapers in the ap-
plicable States before the expiration of such 1-year period.
‘‘(c) FINAL NOTIFICATION.—The designation for
each State under subsection (b) shall become final for the
purposes of this Act 6 months after such designations are
published in the Federal Register. The Director shall
notify the chief executive officer of each such State des-
ignated, in writing, before the expiration of such 6-month
period.
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‘‘(d) ONGOING DESIGNATION AND NOTIFICATION.—
Based upon any additional hurricane, windstorm, seismic,
volcanic, or flood information that from time-to-time be-
comes available, the Director may designate States (not
designated under subsection (b)) having an exposure to
hurricane, windstorm, earthquake, volcanic eruption, or
flood perils. Any such States shall be designated pursuant
to the terms of subsection (b) and notified pursuant to
terms of subsection (c).
‘‘(e) APPEAL.—Any State aggrieved by a final deter-
mination as a disaster-prone State, pursuant to sub-
sections (c) or (d), may, after exhausting administrative
remedies, appeal such determination to any United States
district court for a district located within the State, not
more than 60 days after receipt of notice of such deter-
mination. The scope of review by the court shall be as pro-
vided under chapter 7 of title 5, United States Code. Dur-
ing the pendency of any such litigation, all determinations
of the Director shall be effective and final for the purposes
of this title unless stayed by the court for good cause
shown.
‘‘SEC. 702. BUILDING AND SAFETY STANDARDS.
‘‘(a) 
MULTI-HAZARD
BUILDING
AND
SAFETY
CODES.—At a minimum, each State designated as a hurri-
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cane-prone State, a windstorm-prone State, or an earth-
quake-prone State shall either—
‘‘(1) for all new and substantially modified
building construction in that State, adopt the rel-
evant natural disaster hazard mitigation portions of
the newest edition of the National Building Code,
the Standard Building Code, or the Uniform Build-
ing Code and other relevant building and housing
codes and standards, including the national consen-
sus safety codes of the National Fire Protection As-
sociation (specifically the National Electrical Code,
the National Fuel Gas Code, the Flammable and
Combustible Liquids Code, and the Standard for the
Storage and Handling of Liquified Petroleum
Gases); or
‘‘(2) certify that the State’s local communities
have adopted and are enforcing building codes which
meet or exceed the minimum natural disaster hazard
mitigation portions of any of the 3 model building
codes and other building and housing codes and
standards described in paragraph (1) for all new and
substantially modified building construction in that
State.
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‘‘(b) FLOOD PERFORMANCE STANDARDS.—At a min-
imum, each State designated as a flood-prone State shall
either—
‘‘(1) adopt the relevant flood minimum per-
formance standards, flood-proofing, and other flood
protection measures authorized pursuant to the Na-
tional Flood Insurance Act of 1968, as amended (42
U.S.C. 4001 et seq.), which minimize flood damage
for new and substantially modified building con-
struction located in flood-prone local communities; or
‘‘(2) certify that all the State’s flood-prone local
communities have adopted and are enforcing the
minimum performance standards described in para-
graph (1) for new and substantially modified build-
ing construction.
‘‘SEC. 703. STATE MITIGATION PLANS.
‘‘(a) GENERAL AUTHORITY.—Each State designated
as a disaster-prone State shall either—
‘‘(1) develop a mitigation plan which establishes
the State’s plan with accompanying schedules for
improving the State’s ability to reduce the hazards
of future natural disasters, such as hurricanes,
windstorms, 
earthquakes, 
volcanic-eruptions, 
or
floods; or
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‘‘(2) designate an existing mitigation plan
which includes the processes described in subsection
(b).
‘‘(b) CONTENT
OF STATE MITIGATION PLANS.—
Each State mitigation plan shall include, at a minimum,
a process for—
‘‘(1) verifying compliance with the multi-hazard
building and safety codes described in section 702(a)
and the flood performance standards described in
section 702(b) to ensure these building standards
are being enforced;
‘‘(2) identifying, consistent with the National
Flood Insurance Act, as amended (42 U.S.C. 4001
et seq.), the areas within the State which have some
risk from the hazards of natural disasters, including
hurricanes, windstorms, earthquakes, volcanic erup-
tions, and floods, and further categorizing at-risk
areas based on the degree of risk;
‘‘(3) establishing priorities by risk and location
of which types of structures, including State build-
ings, lifelines, and critical facilities, may be in need
of hazard mitigation;
‘‘(4) identifying which hazard mitigation meas-
ures, such as building codes, non-structural mitiga-
tion, and retrofitting, for each of the natural disas-
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ter perils that are most cost-effective and most likely
to prevent personal injury and reduce property
losses;
‘‘(5) improving the emergency response to natu-
ral disasters, which shall include capabilities for fire
fighting, search and rescue, and the provision of
shelters, communications, and medical relief;
‘‘(6) expediting the rebuilding of lifelines and
the recovery by individuals and the State’s business
and commercial sector;
‘‘(7) encouraging the development of local com-
munity-based hazard mitigation plans;
‘‘(8) achieving compliance with and enforcement
of the Federal multi-hazard mitigation standards or
requirements set forth in regulations promulgated by
the Director pursuant to this Act; and
‘‘(9) developing standards and guidelines for
the safe staffing, operations, and regular training of
first responders for disaster emergency mitigation.
‘‘(c) SUBMISSION OF STATE MITIGATION PLANS TO
FEMA.—Within 2 years of being designated disaster-
prone pursuant to section 701, each disaster-prone State
shall submit its completed mitigation plan to the Director.
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‘‘SEC. 704. COMPLIANCE BY STATES.
‘‘(a) DEFINITION OF COMPLIANCE STATE.—A disas-
ter-prone State shall be considered a compliance State for
purposes of this title, if within 5 years of the date of enact-
ment of the Natural Disaster Protection Act of 1993, the
State is certified under subsection (b)(3) as a compliance
State and, where appropriate, if its compliance status has
been renewed pursuant to the terms of subsection (b)(4).
‘‘(b) DETERMINATION OF COMPLIANCE.—
‘‘(1) STATE SUBMISSION OF CERTIFICATION.—
Within 3 years of being designated disaster-prone
pursuant to section 701, each disaster-prone State
shall submit a certification to the Director stating
whether the State has—
‘‘(A) substantially complied with, and is
substantially enforcing, the multi-hazard build-
ing codes provisions of section 702(a) and the
flood performance standards of section 702(b);
and
‘‘(B) started implementing its mitigation
plan, including the specific processes described
in section 703(b).
‘‘(2) REVIEW BY DIRECTOR.—The Director
shall review each certification submitted under para-
graph (1) to determine whether it is an accurate
manifestation of the submitting State’s substantial
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compliance with, and enforcement of, the hazard
mitigation measures described in sections 702 and
703.
‘‘(3) COMPLIANCE
DETERMINATION.—If the
Director determines that the State certification is
substantially accurate and the State has substan-
tially adopted and is substantially enforcing and car-
rying out the applicable hazard mitigation measures
described in sections 702 and 703, the Director shall
promptly certify the State as a compliance State for
purposes of subsection (a). If the Director deter-
mines that the State certification is substantially in-
accurate, the Director shall promptly return the cer-
tification submission to the State with suggested
changes for obtaining certification as a compliance
State.
‘‘(4) COMPLIANCE
RENEWAL.—The Director
shall review the compliance with, and enforcement
of, the applicable hazard mitigation measures by
each compliance State meeting the requirements of
subsection (a) not less than once every 2 years and
shall renew compliance certificates under the terms
of paragraph (3) as appropriate.
‘‘(5) REGULATIONS.—The Director shall issue
final regulations not later than 18 months after the