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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Supporting Mitigation Activities and
Resiliency Targets for Rebuilding Act'' or the ''SMART Rebuilding
Act''.

SEC. 2. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND
REPLACEMENT OF DAMAGED FACILITIES.

Section 406(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting
after paragraph (2) the following:
''(3) Increased federal share.--
''(A) Incentive measures.--The President may
provide incentives to a State or Tribal government to
invest in measures that increase readiness for, and
resilience from, a major disaster by recognizing such
investments through a sliding scale that increases the
minimum Federal share to not more than 85 percent. Such
measures may include--
''(i) the adoption of a mitigation plan
approved under section 322;
''(ii) investments in disaster relief,
insurance, and emergency management programs;
''(iii) encouraging the adoption and
enforcement of nationally recognized design
standards that establish minimum acceptable
criteria for the design, construction, and
maintenance of eligible facilities for the
purpose of protecting the health, safety, and
general welfare of the buildings' users against
disasters;
''(iv) facilitating participation in the
community rating system; and
''(v) funding mitigation projects or
granting tax incentives for projects that
reduce risk.
''(B) Comprehensive guidance.--Not later than 1
year after the date of enactment of this paragraph, the
President, acting through the Administrator, shall
issue comprehensive guidance to States and Tribal
governments regarding the measures and investments that
will be recognized for the purpose of increasing the
Federal share under this section.
''(C) Report.--One year after the issuance of the
guidance required by subparagraph (B), the
Administrator shall submit 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
regarding the analysis of the Federal cost shares paid
under this section.''.

SEC. 3. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.

Section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ''Public'' after ''the
National'';
(2) in subsection (e)(1)(B)--
(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 carry out
enforcement activities to implement nationally
recognized design standards that establish
minimum acceptable criteria for the design,
construction, and maintenance of eligible
facilities for the purpose of protecting the
health, safety, and general welfare of the
buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ''for mitigation
activities that are cost effective'' after
''competitive basis'';
(B) by adding at the end the following:
''(3) Redistribution of unobligated amounts.--The President
shall--
''(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under paragraph (2)
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
''(B) in the subsequent fiscal year, add the funds
to the financial assistance available to be awarded on
a competitive basis referred to in paragraph (1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ''and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(12); and
(C) by adding after paragraph (9) the following:
''(10) the extent to which the State or local government
has facilitated the adoption and enforcement of nationally
recognized design standards that establish criteria for the
design, construction, and maintenance of eligible facilities
for the purpose of protecting the health, safety, and general
welfare of the buildings' users against disasters;
''(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
''(i) National Public Infrastructure Predisaster Mitigation Fund.--
''(1) Establishment.--The President may establish in the
Treasury of the United States a separate account called the
National Public Infrastructure Predisaster Mitigation Fund (in
this section referred to as the 'Predisaster Mitigation Fund'),
which shall be used exclusively to carry out this section, with
amounts in such account to be available until expended unless
otherwise provided.
''(2) Transfers to predisaster mitigation fund.--
''(A) In general.--There shall be deposited in the
Predisaster Mitigation Fund with respect to each
disaster declared on or after August 1, 2017, an
additional amount equal to 6 percent of the estimated
aggregate amount of grants to be made pursuant to
section 406.
''(B) Estimated aggregate amount.--Not later than
180 days after each major disaster declaration, the
estimated aggregate amount of grants to be deposited in
such Fund shall be determined and need not be reduced,
increased, or changed due to variations in
estimates.''; and
(6) by striking subsection (m).

SEC. 4. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.

Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
(1) by striking ''and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ''; and''; and
(3) by adding at the end the following:
''(D) base and overtime wages for extra hires to
facilitate the implementation and enforcement of
adopted building codes for a period of not more than
180 days after the major disaster is declared.''.

SEC. 5. ADDITIONAL MITIGATION ACTIVITIES.

(a) Hazard Mitigation Clarification.--Section 404(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking the first sentence and inserting the
following: ''The President may contribute not more than 75 percent of
the cost of hazard mitigation measures which the President has
determined are cost-effective and which substantially reduce the risk
of, or increase resilience to, future damage, hardship, loss, or
suffering in any area affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A))
is amended--
(1) in the matter preceding clause (i), by inserting after
''section'' the following: ''for disasters declared on or after
August 1, 2017, or disasters where a cost estimate has not yet
been finalized for a project'';
(2) in clause (i), by striking ''and'';
(3) in clause (ii)--
(A) by striking ''codes, specifications, and
standards'' and inserting ''the latest nationally
recognized design codes, specifications and standards
that establish minimum acceptable criteria for the
design, construction, and maintenance of facilities for
the purposes of protecting the health, safety, and
general welfare of a facility's users against
disasters'';
(B) by striking ''applicable at the time at which
the disaster occurred''; and
(C) by striking the period at the end and inserting
''; and''; and
(4) by adding at the end the following:
''(iii) in a manner that allows the
facility to meet the definition of resilient
developed pursuant this subsection.''.
(c) New Rules.--Section 406(e) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) is amended by
adding at the end the following:
''(5) New rules.--
''(A) In general.--Not later than 18 months after
the date of enactment of this paragraph, the President,
acting through the Administrator of the Federal
Emergency Management Agency, shall issue a final
rulemaking that defines the terms 'resilient' and
'resiliency' for purposes of this subsection.
''(B) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator
shall issue any necessary guidance related to the
rulemaking.
''(C) Report.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall submit to Congress a report summarizing the
regulations and guidance issued pursuant to this
paragraph.''.
Supporting Mitigation Activities and Resiliency Targets for Rebuilding Act or the SMART Rebuilding Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide incentives to invest in measures that increase readiness for, and resilience from, a major disaster. The Federal Emergency Management Agency (FEMA) must issue comprehensive guidance on measures and investments that will be recognized for the purpose of increasing the federal share of disaster assistance. The bill authorizes the President to: (1) establish a National Public Infrastructure Predisaster Mitigation Fund which may be used for activities to implement design standards to protect the welfare of buildings' users against disasters, and (2) contribute to state and local governments for their associated expenses which shall include base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared. The President may contribute up to 75% of the cost of hazard mitigation measures determined to be cost-effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster.