Sec. 1234. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION
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## SEC. 1234 NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION ###
(a)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 Infrastructure” 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 and implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act 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”; and #####
(B)by adding at the end the following: > > #### “(3) Redistribution of unobligated amounts > > The President may— > > > ##### “(A) > > withdraw amounts of financial assistance made available to a State (including amounts made available to local governments of a State) under this subsection 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 in the fiscal year following a fiscal year in which amounts were withdrawn under subparagraph (A), add the amounts to any other amounts available to be awarded on a competitive basis pursuant to paragraph (1).” > ; ####
(4)in subsection (g)— #####
(A)by inserting “provide financial assistance only in States that have received a major disaster declaration in the previous 7 years, or to any Indian tribal government located partially or entirely within the boundaries of such States, and” after “the President shall”; #####
(B)in paragraph
(9)by striking “and” at the end; #####
(C)by redesignating paragraph
(10)as paragraph (12); and #####
(D)by adding after paragraph
(9)the following: > > #### “(10) > > the extent to which the State, local, Indian tribal, or territorial government has facilitated the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards, including amendments made by State, local, Indian tribal, or territorial governments during the adoption process that incorporate the latest hazard-resistant designs and establish criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act 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 Assistance > > > #### “(1) In general > > The President may set aside from the Disaster Relief Fund, with respect to each major disaster, an amount equal to 6 percent of the estimated aggregate amount of the grants to be made pursuant to sections 403, 406, 407, 408, 410, 416, and 428 for the major disaster in order to provide technical and financial assistance under this section and such set aside shall be deemed to be related to activities carried out pursuant to major disasters under this Act. > > > #### “(2) Estimated aggregate amount > > Not later than 180 days after each major disaster declaration pursuant to this Act, the estimated aggregate amount of grants for purposes of paragraph
(1)shall be determined by the President and such estimated amount need not be reduced, increased, or changed due to variations in estimates. > > > #### “(3) No reduction in amounts > > The amount set aside pursuant to paragraph
(1)shall not reduce the amounts otherwise made available for sections 403, 404, 406, 407, 408, 410, 416, and 428 under this Act.” > ; and ####
(6)by striking subsections
(j)and (m); ####
(7)by redesignating subsections (k), (l), and
(n)as subsections (j), (k), and (l), respectively and ####
(8)by adding at the end the following: > > ### “(m) Latest Published Editions > > For purposes of subsections (e)(1)(B)(iv) and (g)(10), the term ‘latest published editions’ means, with respect to relevant consensus-based codes, specifications, and standards, the 2 most recently published editions.” > . ###
(b)Applicability **[**[42 U.S.C. 5133 note](/us/usc/t42/s5133)**]** The amendments made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) by paragraphs
(3)and
(5)of subsection
(a)shall apply to funds appropriated on or after the date of enactment of this Act. ###
(c)Sense of Congress It is the sense of Congress that— ####
(1)all funding expended from the National Public Infrastructure Predisaster Mitigation Assistance created by Section 203(i)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as added by this section, shall not be considered part of FEMA’s regular appropriations for non-Stafford activities, also known as the Federal Emergency Management Agency’s Disaster Relief Fund base; and ####
(2)the President should have the funds related to the National Public Infrastructure Predisaster Mitigation Assistance created by Section 203(i)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as added by this section, identified in and allocated from the Federal Emergency Management Agency’s Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). ###
(d)Sunset **[**[42 U.S.C. 5133 note](/us/usc/t42/s5133)**]** On the date that is 5 years after the date of enactment of this Act, section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended by striking subsection (m), as added by subsection (a)(8) of this section.
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