SEC. 2. FINDINGS. 
Congress finds that— 
(1) mitigation planning is the foundation for 
saving lives, protecting residential and commercial 
properties, and developing disaster resistant commu-
nities; 
(2) recent studies of the performance of build-
ing 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 re-
sulting from major disasters; 
(3) modern building codes govern all aspects of 
construction and are designed to ensure that single- 
family residential dwellings and commercial struc-
tures are protected from natural disasters; 
(4) the people of the United States rely on ac-
tive enforcement of modern building codes for assur-
ance 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 prop-
erty; 
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(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 de-
sign professionals, suppliers, and builders, and can 
contribute to the durability of residential and com-
mercial structures; 
(7) under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Federal Emergency Management Agen-
cy provides Federal assistance to States for mitiga-
tion 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 en-
forcement of State building codes as a disaster miti-
gation strategy under the auspices of a comprehen-
sive disaster loss reduction plan. 
SEC. 3. PURPOSES. 
The purposes of this Act are to— 
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(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 re-
duce the need for public disaster aid; 
(2) provide incentives for the adoption and ac-
tive enforcement of State building codes; 
(3) encourage States to continue their key re-
sponsibility to coordinate all State and local activi-
ties relating to hazard evaluation and mitigation, as 
specified in section 201.3(c) of title 44, Code of Fed-
eral Regulations, through the adoption and active 
enforcement of State building codes; and 
(4) encourage States to require that local gov-
ernments use a current version of a nationally appli-
cable model building code that address natural haz-
ards 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 Regula-
tions. 
SEC. 4. ADDITIONAL MITIGATION ASSISTANCE. 
(a) IN GENERAL.—Section 404 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
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(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 declara-
tion 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 max-
imum 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 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 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 
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‘‘(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, 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. 
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