[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2583 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2583

 To authorize the Secretary of Housing and Urban Development to carry 
   out a Community Resilience Grant Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2017

   Mr. Scott of Virginia (for himself, Mr. Richmond, Mr. Crist, Ms. 
 Norton, Mrs. Watson Coleman, Mr. Connolly, and Mr. Beyer) introduced 
 the following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Housing and Urban Development to carry 
   out a Community Resilience Grant Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Up Infrastructure and 
Limiting Disasters through Resilience Act of 2017'' or the ``BUILD 
Resilience Act of 2017''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a unit of general local government;
                    (C) an Indian tribe; or
                    (D) a regional entity comprised of entities 
                described in subparagraph (A), (B), or (C).
            (2) National center.--The term ``National Center'' means 
        the National Research Center for Resilience established under 
        section 4.
            (3) Resilience.--The term ``resilience'' means the ability 
        to prepare and plan for, absorb, recover from, and more 
        successfully adapt to disasters, chronic stresses, and acute 
        shocks, including any hurricane, tornado, storm, high water, 
        recurrent flooding, wind-driven water, tidal wave, tsunami, 
        earthquake, volcanic eruption, fire, landslide, mudslide, 
        snowstorm, or drought.
            (4) Resilience grant.--The term ``resilience grant'' means 
        a grant awarded under section 3.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (6) State; unit of general local government; indian 
        tribe.--The terms ``State'', ``unit of general local 
        government'', and ``Indian tribe'' have the meanings given such 
        terms in section 102 of the Housing and Community Development 
        Act of 1974 (42 U.S.C. 5302).

SEC. 3. COMMUNITY RESILIENCE GRANT PROGRAM.

    (a) Authority.--The Secretary of Housing and Urban Development 
shall carry out a Community Resilience Grant Program under this section 
to provide assistance to communities for increasing resilience to 
chronic stresses and acute shocks, including improving long-term 
resilience of infrastructure and housing.
    (b) Grantees.--Grant amounts shall be awarded on a competitive 
basis, as provided under section 102 of the Department of Housing and 
Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible 
entities, within whose boundaries or jurisdictions are located any area 
for which a major disaster was declared pursuant to section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170), during the 5-year period ending upon the date on which 
the eligible entity submits an application for such a grant.
    (c) Eligible Activities.--
            (1) In general.--Amounts from a resilience grant may be 
        used only for activities authorized under either section 105 or 
        108 of the Housing and Community Development Act of 1974 (42 
        U.S.C. 5305, 5308), but not including activities under 
        paragraphs (9) and (10) of such section 105(a).
            (2) Consultation.--The Secretary shall consult with the 
        Administrator of the Federal Emergency Management Agency, the 
        Chief of Engineers and Commanding General of the United States 
        Army Corps of Engineers, the Administrator of the Environmental 
        Protection Agency, and the Secretary of Transportation before 
        awarding a resilience grant to ensure that there is no 
        duplication of assistance with respect to activities carried 
        out with amounts provided from a resilience grant.
    (d) Matching Requirement.--
            (1) In general.--The Secretary shall require each recipient 
        of a resilience grant to supplement the amounts of the grant 
        with an amount of funds from non-Federal sources that is not 
        less than 50 percent of the amount of the resilience grant.
            (2) Form of non-federal share.--Supplemental funds provided 
        under paragraph (1) may include any non-monetary, in-kind 
        contributions in connection with activities carried out under 
        the plan approved under subsection (e) for the grant recipient.
    (e) Application; Selection; Selection Criteria; Plans.--
            (1) Applications.--
                    (A) Requirement.--The Secretary shall provide for 
                eligible entities to submit applications for resilience 
                grants.
                    (B) Plans for use of grant funds.--The Secretary 
                shall require each application for a resilience grant 
                to include a plan detailing the proposed use of all 
                grant funds, including how the use of such funds will 
                address long-term resilience of infrastructure and 
                housing.
            (2) Review and selection; criteria for selection.--
                    (A) Competition.--Resilience grants shall be 
                awarded on a competitive basis and the Secretary shall 
                establish and utilize a transparent, reliable, and 
                valid system for reviewing and evaluating applications 
                for resilience grants, in accordance with section 102 
                of the Department of Housing and Urban Development 
                Reform Act of 1989 (42 U.S.C. 3545).
                    (B) Criteria.--The Secretary shall establish, by 
                notice, and utilize criteria for selecting applications 
                to be funded under this section, which shall--
                            (i) be based primarily on a determination 
                        of greatest need, as such term is defined by 
                        the Secretary;
                            (ii) provide due consideration to other 
                        enumerated factors, including the ability of 
                        the plan for use of grant funds required under 
                        paragraph (1)(B) to increase an applicant's 
                        resilience, and the capacity of the applicant 
                        to successfully implement the activities 
                        described in such plan;
                            (iii) provide that the Secretary shall 
                        consider that an application that includes a 
                        plan for use of grant funds that consists of a 
                        resilience or mitigation plan previously 
                        approved by another Federal agency, including a 
                        hazard mitigation plan developed under section 
                        322 of the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 5165), 
                        shall be sufficient for purposes of paragraph 
                        (1)(B) if, together with such plan, the 
                        applicant includes a detailed description 
                        regarding use of all grant funds provided under 
                        this section;
                            (iv) give consideration to the need for 
                        resilience grants to be awarded to eligible 
                        entities in each region of the United States; 
                        and
                            (v) give consideration to applicants whose 
                        plans submitted under paragraph (1)(B) propose 
                        innovative approaches to increasing community 
                        resilience to extreme weather, including 
                        increasing long-term resilience of 
                        infrastructure and housing and economic 
                        resilience.
    (f) Administration; Treatment as CDBG Funds.--Except as otherwise 
provided by this Act, amounts appropriated, revenues generated, or 
amounts otherwise made available to eligible entities under this 
section shall be treated as though such funds were community 
development block grant funds under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
    (g) Environmental Reviews.--
            (1) Assumption of responsibilities.--
                    (A) In general.--In order to ensure that the 
                policies of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), and other provisions of 
                law which further the purposes of such Act (as 
                specified in regulations issued by the Secretary) are 
                most effectively implemented in connection with the 
                expenditure of funds under this section, and to assure 
                to the public undiminished protection of the 
                environment, the Secretary, in lieu of the 
                environmental protection procedures otherwise 
                applicable, may under regulations provide for the 
                release of funds for particular projects to recipients 
                of resilience grants who assume all of the 
                responsibilities for environmental review, 
                decisionmaking, and action pursuant to such Act, and 
                such other provisions of law as the regulations of the 
                Secretary specify, that would apply to the Secretary 
                were the Secretary to undertake such projects as 
                Federal projects.
                    (B) Consultation.--The Secretary shall issue 
                regulations to carry out this paragraph only after 
                consultation with the Council on Environmental Quality.
            (2) Submission of certification.--
                    (A) In general.--The Secretary shall approve the 
                release of funds for projects subject to the procedures 
                authorized by this subsection only if, at least 15 days 
                prior to such approval and prior to any commitment of 
                funds to such projects other than for purposes 
                authorized by section 105(a)(12) of the Housing and 
                Community Development Act of 1974 (42 U.S.C. 
                5305(a)(12)), or for environmental studies, the 
                recipient of a resilience grant has submitted to the 
                Secretary a request for such release accompanied by a 
                certification which meets the requirements of paragraph 
                (3).
                    (B) Satisfaction of environmental laws.--The 
                Secretary's approval of any such certification shall be 
                deemed to satisfy the Secretary's responsibilities 
                under the National Environmental Policy Act of 1969 and 
                such other provisions of law as the regulations of the 
                Secretary specify insofar as those responsibilities 
                relate to the releases of funds for projects to be 
                carried out pursuant thereto which are covered by such 
                certification.
            (3) Requirements of certification.--A certification under 
        the procedures authorized by this subsection shall--
                    (A) be in a form acceptable to the Secretary;
                    (B) be executed by the chief executive officer or 
                other officer of the recipient of a resilience grant 
                who is qualified under regulations of the Secretary;
                    (C) specify that the recipient of the resilience 
                grant has fully carried out its responsibilities as 
                described under paragraph (1) of this subsection; and
                    (D) specify that the certifying officer--
                            (i) consents to assume the status of a 
                        responsible Federal official under the National 
                        Environmental Policy Act of 1969 and each 
                        provision of law specified in regulations 
                        issued by the Secretary insofar as the 
                        provisions of such Act or other such provision 
                        of law apply pursuant to paragraph (1) of this 
                        subsection; and
                            (ii) is authorized and consents on behalf 
                        of the recipient of the resilience grant and 
                        the certifying office to accept the 
                        jurisdiction of the Federal courts for the 
                        purpose of enforcement of his responsibilities 
                        as such an official.
            (4) Grants to states.--In the case of a resilience grant 
        made to a State--
                    (A) the State shall perform those actions of the 
                Secretary described in paragraph (2); and
                    (B) the performance of such actions shall be deemed 
                to satisfy the Secretary's responsibilities referred to 
                in subparagraph (B) of such paragraph.
            (5) Implementation.--The Secretary shall implement this 
        subsection in a manner consistent with the implementation of 
        section 104(g) of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5304(g)).

SEC. 4. NATIONAL RESEARCH CENTER FOR RESILIENCE.

    (a) Establishment.--The Secretary, acting through the Office of 
Policy Development and Research, shall--
            (1) select, on a competitive basis, a single nonprofit 
        organization having a national reputation for expertise in 
        resilience research and capacity building to develop a National 
        Research Center for Resilience; and
            (2) subject only to the availability of amounts provided in 
        appropriation Acts, make annual grants of amounts made 
        available pursuant to section 7(b)(1) for the establishment and 
        operation of the National Center.
    (b) Activities.--The National Center shall--
            (1) collaborate with institutions of higher education as 
        partners to create a best practices sharing network to support 
        the programs and activities carried out with resilience grants;
            (2) coordinate with any other relevant centers and entities 
        throughout the Federal Government on efforts relating to 
        improving community resilience:
            (3) collect and disseminate research and other information 
        about evidence-based and promising practices related to 
        resilience to inform the efforts of research partners and to 
        support the programs and activities carried out with resilience 
        grants;
            (4) increase the public's knowledge and understanding of 
        effective practices to improve regional and community 
        resilience throughout the United States; and
            (5) make grants under subsection (d) for Regional Centers 
        for Resilience.
    (c) Dissemination of Proven Practices.--The Secretary shall collect 
information from the National Center regarding its activities and 
research and shall develop, manage, and regularly update an online site 
to disseminate proven practices for improving community resilience.
    (d) Grants for Regional Centers for Resilience.--
            (1) Grant program.--The National Center shall carry out a 
        program to make grants to institutions of higher education, or 
        other non-profit organizations, having a national reputation to 
        establish a Regional Center for Resilience in each of the 10 
        regions of the Department of Housing and Urban Development, as 
        that shall serve as regional research partners with recipients 
        of resilience grants that are located in the same geographic 
        region as such institution, in collaboration with the National 
        Center.
            (2) Support services.--A Regional Center for Resilience 
        receiving a grant under this section shall use such grant 
        amounts to--
                    (A) provide research support to recipients of 
                resilience grants, including support services for data 
                collection, general research, and analysis to assess 
                the progress of activities carried out with resilience 
                grants;
                    (B) provide technical assistance to prospective 
                applicants for, and recipients of, resilience grants; 
                and
                    (C) collaborate with and share information with the 
                National Center.

SEC. 5. ANNUAL PROGRAMS REPORT.

    The Secretary shall annually submit to the Congress, and make 
publicly available, a report on the programs carried out under this 
Act, which shall evaluate the performance of such programs using the 
program performance metrics established under Executive Order 13576 (76 
Fed. Reg. 35297), or any subsequent replacement executive order.

SEC. 6. GAO REPORTS.

    (a) Access to Information.--The Comptroller General of the United 
States shall have access to all information regarding and generated by 
the programs carried out under this Act.
    (b) Reports.--Not later than the expiration of the 2-year period 
beginning on the date of the enactment of this Act, and every two years 
thereafter, the Comptroller General shall submit to the Congress a 
report analyzing and assessing the performance of the programs carried 
out under this Act.

SEC. 7. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $1,000,000,000 for each of fiscal 
years 2018 through 2022.
    (b) Allocation.--Of any amounts appropriated for each such fiscal 
year--
            (1) 1.0 percent shall be available for grants under section 
        4;
            (2) 0.1 percent shall be available to the Office of 
        Community Planning and Development for necessary costs, 
        including information technology costs and salaries and 
        expenses, of administering and overseeing funds made available 
        for grants under sections 3 and 4; and
            (3) the remainder shall be available for resilience grants 
        under section 3.
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