text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Safe Building Code Incentive Act of 
  2012''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) mitigation planning is the foundation for saving lives, 
          protecting residential and commercial properties, and 
          developing disaster resistant communities;
              (2) recent studies of the performance of building 
          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 resulting from major disasters;
              (3) modern building codes govern all aspects of 
          construction and are designed to ensure that single-family 
          residential dwellings and commercial structures are protected 
          from natural disasters;
              (4) the people of the United States rely on active 
          enforcement of modern building codes for assurance 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 property;
              (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 design professionals, 
          suppliers, and builders, and can contribute to the durability 
          of residential and commercial structures;
              (7) under the Robert T. Stafford Disaster Relief and 
          Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal 
          Emergency Management Agency provides Federal assistance to 
          States for mitigation 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 enforcement of State building 
          codes as a disaster mitigation strategy under the auspices of a 
          comprehensive 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 value of residential and commercial 
          property, and reduce the need for public disaster aid;
              (2) provide incentives for the adoption and active 
          enforcement of State building codes;
              (3) encourage States to continue their key responsibility 
          to coordinate all State and local activities relating to hazard 
          evaluation and mitigation, as specified in section 201.3(c) of 
          title 44, Code of Federal Regulations, through the adoption and 
          active enforcement of State building codes; and
              (4) encourage States to require that local governments use 
          a current version of a nationally applicable model building 
          code that address natural hazards 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 
          Regulations.
  
  SEC. 4. ADDITIONAL MITIGATION ASSISTANCE.
  
      (a) In General.--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:
      ``(d) Additional Mitigation Assistance.--
              ``(1) In general.--If, at the time of a declaration 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 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 increased 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 building code;
                      ``(B) has been adopted by the State within 6 years 
                  of the most recent version of the nationally recognized 
                  model building code; and
                      ``(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, acting through the 
          Administrator, shall set appropriate standards, by regulation, 
          for the periodic update, resubmittal, and approval of a State 
          building code approved by the President in accordance with 
          paragraph (3) that are consistent with similar requirements 
          related to mitigation planning under section 322.
              ``(5) Definitions.--In this subsection, the following 
          definitions apply:
                      ``(A) Actively enforcing.--The term `actively 
                  enforcing' means effective jurisdictional execution of 
                  all phases of a State building code in the process of 
                  examination and approval of construction plans, 
                  specifications, and technical data and the inspection 
                  of new construction or renovation.
                      ``(B) Nationally recognized model building code.--
                  The term `nationally recognized model building code' 
                  means a building code for residential and commercial 
                  construction and construction materials that--
                              ``(i) has been developed and published by a 
                          code organization in an open consensus type 
                          forum with input from national experts; and
                              ``(ii) is based on national structural 
                          design standards that establish minimum 
                          acceptable criteria for the design, 
                          construction, and maintenance of residential 
                          and commercial buildings for the purpose of 
                          protecting the health, safety, and general 
                          welfare of the building's users against natural 
                          disasters.
                      ``(C) State building code.--The term `State 
                  building code' means requirements and associated 
                  standards for residential and commercial 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 applicable 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 construction 
                          of commercial, industrial, and multifamily 
                          structures.
              ``(6) 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.''.
      (b) Applicability.--Section 404(d) of the Robert T. Stafford 
  Disaster Relief and Emergency Assistance Act, as added by this section, 
  shall apply to major disasters declared on or after October 24, 2012. 
  Major disasters declared during the period beginning on October 24, 
  2012 and ending on the date of enactment of this Act, shall have 90 
  days from date of enactment of this Act to submit the certification 
  required under 404(d)(2) of the Robert T. Stafford Disaster Relief and 
  Emergency Assistance Act, as added by this Act.
target: Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster.
  
  Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act.
  
  Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment.
feat_title: A bill 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.