I 
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 Infra-
structure 
A BILL 
To improve disaster mitigation programs, 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 ‘‘National Mitigation 
Investment Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) mitigation planning is the foundation for 
saving lives, protecting residential and commercial 
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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; 
(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-
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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— 
(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 
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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. ENHANCED MITIGATION ASSISTANCE. 
(a) ADDITIONAL MITIGATION ASSISTANCE.—Section 
404 of the Robert T. Stafford Disaster Relief and Emer-
gency 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 declara-
tion of a major disaster, the affected State has in 
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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) 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 sub-
section, the following 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-
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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 
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— 
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‘‘(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. 
‘‘(g) USE
OF ASSISTANCE.—Recipients of hazard 
mitigation assistance provided under this section and sec-
tion 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, in-
cluding enhancements to both built and natural envi-
ronments based on future flood probabilities; 
‘‘(2) maintenance of existing surge protection 
infrastructure; 
‘‘(3) waterfront resilience, including creation of 
bulkheads, dune enhancement, beach re-nourish-
ment, living seawalls and seashores and levees; 
‘‘(4) voluntary acquisition of repeatedly flooded 
properties; 
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‘‘(5) flood water diversion, removal, treatment, 
and storage infrastructure projects; 
‘‘(6) flood water distribution along street infra-
structure systems, including canal streets, absorbent 
streets, floodable parks, and underground cisterns; 
and 
‘‘(7) enhanced infrastructure for increasing re-
silience of the freshwater supply to salt water intru-
sion.’’. 
(b) PREDISASTER HAZARD MITIGATION.— 
(1) USES OF TECHNICAL AND FINANCIAL AS-
SISTANCE.—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 build-
ing department and carry out enforcement 
activities to implement a State building 
code approved under section 404(f).’’. 
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(2) CRITERIA FOR ASSISTANCE AWARDS.—Sec-
tion 203(g) of such Act (42 U.S.C. 5133(g)) is 
amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (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 com-
mence, through the National Advisory Council, a com-
prehensive study related to disaster costs and losses (re-
ferred to in the subsection as the ‘‘Study’’). 
(b) ADDITIONAL MEMBERSHIP.—For the purposes of 
the study, as soon as practicable after the date of enact-
ment of this section, the Administrator shall appoint addi-
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tional 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 con-
struction and building industry. 
(4) Individuals nominated by national organiza-
tions 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 Adminis-
trator considers appropriate. 
(c) CONSULTATION WITH NONMEMBERS.—The Na-
tional Advisory Council shall consult with other relevant 
agencies and groups that are not represented on the Na-
tional Advisory Council to consider research, data, find-
ings, recommendations, innovative technologies and devel-
opments, including— 
(1) entities engaged in federally funded re-
search; and 
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(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 Advi-
sory 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 trib-
al) since the enactment of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), to the extent data 
is available. 
(B) CONTRIBUTING
FACTORS.—Contrib-
uting 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 con-
tributing to the trends. 
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(B) DISASTER ASSISTANCE.—Disaster as-
sistance available from all Federal sources, in-
cluding descriptions of programs, eligibility and 
authorities, where assistance has been used geo-
graphically, how quickly the funds are used, 
how that assistance is coordinated among the 
various agencies and departments, and rec-
ommendations for ways to improve the effec-
tiveness 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 ap-
propriate roles for each level of government, the pri-
vate sector and individuals. 
(4) REDUCTION OF COSTS AND LOSSES.— 
(A) MECHANISMS
AND
INCENTIVES.— 
Mechanisms and incentives, including tax incen-
tives, to promote disaster cost reduction, miti-
gation, and recovery, including cost data, pro-
jections for the return on investment, and 
measures of effectiveness. 
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(B) IDENTIFICATION
OF
CHALLENGES.— 
Identify fundamental legal, societal, geographic 
and technological challenges to implementation. 
(5) LEGISLATIVE PROPOSALS.—Legislative pro-
posals for implementing the recommendations in the 
report compiled pursuant to the requirement in sec-
tion 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 en-
actment of this section, the National Advisory Coun-
cil shall submit a report containing the data, anal-
ysis, and recommendations developed under sub-
section (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 sec-
tion publically available on the Agency’s website. 
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SEC. 6. ENHANCED MITIGATION INCENTIVES PILOT PRO-
GRAM. 
(a) USE OF BUILDING CODES.—The Administrator 
of the Federal Emergency Management Agency shall es-
tablish 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 recog-
nized model building codes, State building codes, and re-
lated 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 annu-
ally thereafter; 
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(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 sec-
tion, 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 Adminis-
trator 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; 
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(B) recommendations on any permanent 
changes to the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act; and 
(C) a progress evaluation in meeting the 
goals described in subsection (b). 
(e) TERMINATION.—The authorities under this sec-
tion shall terminate on December 31, 2021. 
Æ 
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