I 
110TH CONGRESS 
1ST SESSION H. R. 3926 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 22, 2007 
Ms. MATSUI (for herself, Mr. MARIO DIAZ-BALART of Florida, Mr. LINCOLN 
DIAZ-BALART of Florida, Mrs. NAPOLITANO, Mr. CRENSHAW, Mr. 
BLUMENAUER, Mr. BISHOP of New York, Mr. THOMPSON of California, 
and Ms. GINNY BROWN-WAITE of Florida) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture 
A BILL 
To amend the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act to enhance existing programs pro-
viding 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 Representa-
tives 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 2007’’. 
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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 everyday; 
(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. 
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: 
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‘‘(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 
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, 
at least once every 6 years, 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 
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‘‘(C) uses the nationally recognized model 
building code as a minimum standard. 
‘‘(4) 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-
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 
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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 
commercial building contractors applicable 
to the structural safety, design, and con-
struction of commercial, industrial, and 
multifamily structures. 
‘‘(5) REGULATIONS.—Not later than 180 days 
after the date of enactment of this subsection, the 
President, acting through the Administrator of the 
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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— 
(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: 
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‘‘(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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