[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4764 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4764

To require the Secretary of Housing and Urban Development to establish 
a pilot program for public-private partnerships for disaster mitigation 
                   projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2020

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Housing and Urban Development to establish 
a pilot program for public-private partnerships for disaster mitigation 
                   projects, 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 ``Strategic Acquisition and Floodplain 
Efficiency Reform Act'' or the ``SAFER Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        private entity with the consent of the local government--
                    (A) in which a project to be carried out by the 
                entity under the Program is located; or
                    (B) that is otherwise affected by a project to be 
                carried out by the entity under the Program.
            (3) Program.--The term ``Program'' means the pilot program 
        established under section 3.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 3. PILOT PROGRAM.

    (a) In General.--The Secretary shall establish a pilot program to 
evaluate the cost effectiveness and project delivery efficiency of 
allowing eligible entities to carry out pre-disaster mitigation 
activities, such as property acquisition and relocations, under the 
Community Development Block Grant Disaster Recovery program authorized 
under title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.).
    (b) Purposes.--The purposes of the Program are--
            (1) to identify cost-saving project delivery alternatives 
        that accelerate the pre-disaster mitigation activities of the 
        Department through the Community Development Block Grant 
        Disaster Recovery program authorized under title I of the 
        Housing and Community Development Act of 1974 (42 U.S.C. 5301 
        et seq.); and
            (2) to evaluate the technical, financial, and 
        organizational benefits of allowing eligible entities to carry 
        out and manage pre-disaster mitigation projects.
    (c) Subsequent Appropriations.--Any activity undertaken under the 
Program is authorized only to the extent specifically provided for in 
subsequent appropriations Acts.
    (d) Administration.--In carrying out the Program, the Secretary 
shall--
            (1) identify for inclusion in the Program not fewer than 5 
        pre-disaster mitigation projects;
            (2) in consultation with the eligible entity associated 
        with each project identified under paragraph (1), develop a 
        detailed project management plan for the project that outlines 
        the scope, estimated Federal direct and indirect cost 
        estimates, financing, budget, and other resource requirements, 
        including any data the eligible entity deems necessary to 
        execute the project;
            (3) at the request of the eligible entity associated with 
        each project identified under paragraph (1), enter into a 
        project partnership agreement with the eligible entity under 
        which the eligible entity is provided full project management 
        control for the financing and execution (or any combination 
        thereof) of the project, in accordance with plans approved by 
        the Secretary;
            (4) following execution of a project partnership agreement 
        under paragraph (3), issue payment, in accordance with 
        subsection (h), to the relevant eligible entity for that work; 
        and
            (5) regularly monitor and audit each project carried out 
        under the Program to ensure that--
                    (A) all activities related to the project are 
                carried out in compliance with plans approved by the 
                Secretary; and
                    (B) activity delivery costs are reasonable.
    (e) Selection Criteria.--In identifying projects under subsection 
(d)(1), the Secretary shall consider the extent to which the project--
            (1) reduces future damages from natural disasters such as 
        hurricanes and extraordinary rainfall events;
            (2) reduces the number of severe repetitive loss and 
        repetitive loss properties;
            (3) reduces risk to life and property;
            (4) provides opportunities to restore lost functions and 
        values of floodplains;
            (5) promotes opportunities to improve social and 
        environmental justice; and
            (6) accelerates property acquisitions and relocations to 
        reduce future risk.
    (f) Detailed Project Schedule.--Not later than 180 days after 
entering into a project partnership agreement under subsection (d)(3), 
an eligible entity, to the maximum extent practicable, shall submit to 
the Secretary a detailed project schedule for the relevant project, 
based on estimated Federal funding levels, that specifies deadlines for 
each milestone with respect to the project, including--
            (1) negotiation of buyout contracts; and
            (2) the acquisition of contracted buyout properties, 
        resulting in the fee simple transfer of title to the State in 
        which the project is carried out or a designee of the State.
    (g) Source of Funds.--Following execution of a project partnership 
agreement under subsection (d)(3), and subject to milestones 
established in that agreement, payments to eligible entities may be 
made from--
            (1) amounts appropriated in response to a major disaster 
        declaration under section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); 
        and
            (2) other amounts appropriated to the Secretary, subject to 
        the condition that the total amount transferred to the eligible 
        entity may not exceed the estimate of the Federal cost of the 
        pre-disaster mitigation project.
    (h) Payment.--
            (1) In general.--Upon meeting the milestones established in 
        the project partnership agreement with an eligible entity under 
        subsection (d)(3), payment to the eligible entity shall be made 
        to cover documented--
                    (A) administrative costs;
                    (B) operational costs;
                    (C) other related direct costs, including 
                acquisition buyout contracting costs; and
                    (D) other related indirect costs, including debt 
                expenses.
            (2) Escrow account.--Upon initiation of acquisition buyout 
        closings, the Secretary shall fund a project-specific escrow 
        account administered by the eligible entity to purchase 
        contracted acquisition buyouts.
    (i) Savings.--Upon completion of a project under the Program by an 
eligible entity, if any savings based on the estimated Federal direct 
and indirect cost estimates are realized by the participation of the 
eligible entity, the savings shall be equally divided between--
            (1) the Secretary; and
            (2) the eligible entity as a return on investment.
    (j) Identification of Impediments.--
            (1) In general.--The Secretary shall--
                    (A) except as provided in paragraph (2), identify 
                any procedural requirements under the authority of the 
                Secretary that impede greater use of public-private 
                partnerships and private investment in pre-disaster 
                mitigation projects;
                    (B) develop and implement, on a project-by-project 
                basis, procedures and approaches that--
                            (i) address such impediments; and
                            (ii) protect the public interest and any 
                        public or private investment in pre-disaster 
                        mitigation projects that involve public-private 
                        partnerships or private investment in pre-
                        disaster mitigation projects; and
                            (iii) not later than 1 year after the date 
                        of enactment of this section, issue rules to 
                        carry out the procedures and approaches 
                        developed under this subparagraph.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to allow the Secretary to waive any requirement 
        under--
                    (A) sections 3141 through 3148 and sections 3701 
                through 3708 of title 40, United States Code;
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (C) any other provision of Federal law.
    (k) Public Benefit Assessments.--
            (1) In general.--Before entering into a project partnership 
        agreement with an eligible entity under subsection (d)(3), the 
        Secretary shall conduct an assessment of whether, and provide 
        justification in writing to Congress that, the proposed 
        agreement provides better public and financial benefits than a 
        similar transaction using traditional public funding, 
        financing, or administration.
            (2) Requirements.--An assessment under paragraph (1) 
        shall--
                    (A) be completed in a period of not more than 90 
                days;
                    (B) take into consideration any supporting 
                materials and data submitted by the relevant eligible 
                entity and other stakeholders; and
                    (C) determine whether the proposed project 
                partnership agreement is in the public interest by 
                determining whether the agreement will provide public 
                and financial benefits, including accelerated or 
                expedited project delivery, residual risk reduction, 
                and savings for taxpayers.
    (l) Applicability of Federal Law.--Any provision of Federal law 
that would apply to the Secretary if the Secretary were carrying out a 
project shall apply to an eligible entity carrying out a project under 
the Program.
    (m) Cost Share.--Nothing in this section shall be construed to 
affect any cost-sharing requirement under Federal law that is 
applicable to a project carried out under the Program.
    (n) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to Congress and make publicly 
available a report describing the results of the Program, including any 
recommendations of the Secretary concerning whether the Program or any 
component of the Program should be implemented across the United 
States.
    (o) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $250,000,000 to carry out the Program, 
which shall remain available until expended.
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