[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1224

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2017

   Mr. Kaine introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 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.

    In this Act:
            (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 
        those 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 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.--The Secretary shall award grants under this section 
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), 
to eligible entities within whose boundaries or jurisdictions are 
located any area for which a major disaster was declared under section 
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170) during the 5-year period ending on 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 section 105 or 108 of 
        the Housing and Community Development Act of 1974 (42 U.S.C. 
        5305 and 5308), except for activities under paragraph (9) or 
        (10) of subsection (a) of such section 105.
            (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 Secretary of Transportation, and 
        the Administrator of the Environmental Protection Agency 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 those funds will 
                address long-term resilience of infrastructure and 
                housing.
            (2) Review and selection; criteria for selection.--
                    (A) Competition.--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 that term is defined by 
                        the Secretary;
                            (ii) provide due consideration to other 
                        enumerated factors, including--
                                    (I) the ability of the plan for use 
                                of grant funds required under paragraph 
                                (1)(B) to increase an applicant's 
                                resilience; and
                                    (II) the capacity of the applicant 
                                to successfully implement the 
                                activities described in that plan;
                            (iii) require the Secretary to consider 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 mitigation plan 
                        approved under section 322 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165), to be 
                        sufficient for purposes of paragraph (1)(B) if, 
                        together with the plan, the applicant includes 
                        a detailed description of the 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 those funds were community 
development block grant funds made available 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 any other provisions 
                of law that further the purposes of that 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 by regulation provide for the release 
                of funds for particular projects to recipients of 
                resilience grants that assume all of the 
                responsibilities for environmental review, 
                decisionmaking, and action pursuant to that Act, and 
                any other provisions of law that the regulations of the 
                Secretary specify, that would apply to the Secretary 
                were the Secretary to undertake those 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 under this subsection only if, not later 
                than 15 days before the approval and before any 
                commitment of funds to those projects other than for 
                purposes authorized under 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 that meets the requirements under 
                paragraph (3).
                    (B) Satisfaction of environmental laws.--If the 
                Secretary approves a certification described in 
                subparagraph (A), that approval shall be deemed to 
                satisfy the responsibilities of the Secretary under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and any other provisions of law that the 
                regulations of the Secretary specify, insofar as those 
                responsibilities relate to the releases of funds for 
                projects to be carried out pursuant to those releases 
                that are covered by the 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 
                that 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 (42 U.S.C. 
                        4321 et seq.) and each provision of law 
                        specified in regulations issued by the 
                        Secretary insofar as the provisions of that Act 
                        or other such provisions 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 the officer's 
                        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 the actions of the 
                Secretary described in paragraph (2); and
                    (B) the performance of those actions shall be 
                deemed to satisfy the Secretary's responsibilities 
                referred to in subparagraph (B) of that 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 under 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 using resilience 
        grants;
            (2) coordinate with any other relevant centers or entities 
        of 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 using 
        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--
            (1) collect information from the National Center regarding 
        its activities and research; and
            (2) develop, manage, and regularly update a public website 
        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, 
        which shall each serve as regional research partners with 
        recipients of resilience grants that are located in the same 
        geographic region as the institution, in collaboration with the 
        National Center.
            (2) Support services.--A Regional Center for Resilience 
        receiving grants under this section shall use the 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 using resilience 
                grants;
                    (B) provide technical assistance to prospective 
                applicants for, and recipients of, resilience grants; 
                and
                    (C) collaborate and share information with the 
                National Center.

SEC. 5. ANNUAL PROGRAMS REPORT.

    The Secretary shall annually submit to Congress, and make publicly 
available, a report on the programs carried out under this Act, which 
shall evaluate the performance of those programs using the program 
performance metrics established under Executive Order 13576 (76 Fed. 
Reg. 35297; relating to delivering an efficient, effective, and 
accountable government) 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 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Comptroller General shall 
submit to 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 to carry out this Act 
for a 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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