,,ii #aafth ,,congress #b;d ,session ,s4 #dgfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj 7legislative day1 ,september #bi71 #bjbj,mr4 ,tillis introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 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 projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strategic ,acquisition and ,floodplain ,efficiency ,reform ,act or the ,,safer ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,housing and ,urban ,development4 7#b7 ,eligible entity ,the term eligible entity means a private entity with the consent of the local government-- 7,a7 in which a project to be carried out by the entity under the ,program is located2 or 7,b7 that is otherwise affected by a project to be carried out by the entity under the ,program4 7#c7 ,program ,the term ,program means the pilot program established under section #c4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #c4 ,pilot program 7a7 ,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 activities1 such as property acquisition and relocations1 under the ,community ,development ,block ,grant ,disaster ,recovery program authorized under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7b7 ,purposes ,the purposes of the ,program are-- 7#a7 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 #aigd 7#db ,u4,s4,c4 #ecja et seq472 and 7#b7 to evaluate the technical1 financial1 and organizational benefits of allowing eligible entities to carry out and manage pre-disaster mitigation projects4 7c7 ,subsequent appropriations ,any activity undertaken under the ,program is authorized only to the extent specifically provided for in subsequent appropriations ,acts4 7d7 ,administration ,in carrying out the ,program1 the ,secretary shall-- 7#a7 identify for inclusion in the ,program not fewer than #e pre-disaster mitigation projects2 7#b7 in consultation with the eligible entity associated with each project identified under paragraph 7#a71 develop a detailed project management plan for the project that outlines the scope1 estimated ,federal direct and indirect cost estimates1 financing1 budget1 and other resource requirements1 including any data the eligible entity deems necessary to execute the project2 7#c7 at the request of the eligible entity associated with each project identified under paragraph 7#a71 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 7or any combination thereof7 of the project1 in accordance with plans approved by the ,secretary2 7#d7 following execution of a project partnership agreement under paragraph 7#c71 issue payment1 in accordance with subsection 7h71 to the relevant eligible entity for that work2 and 7#e7 regularly monitor and audit each project carried out under the ,program to ensure that-- 7,a7 all activities related to the project are carried out in compliance with plans approved by the ,secretary2 and 7,b7 activity delivery costs are reasonable4 7e7 ,selection criteria ,in identifying projects under subsection 7d77#a71 the ,secretary shall consider the extent to which the project-- 7#a7 reduces future damages from natural disasters such as hurricanes and extraordinary rainfall events2 7#b7 reduces the number of severe repetitive loss and repetitive loss properties2 7#c7 reduces risk to life and property2 7#d7 provides opportunities to restore lost functions and values of floodplains2 7#e7 promotes opportunities to improve social and environmental justice2 and 7#f7 accelerates property acquisitions and relocations to reduce future risk4 7f7 ,detailed project schedule ,not later than #ahj days after entering into a project partnership agreement under subsection 7d77#c71 an eligible entity1 to the maximum extent practicable1 shall submit to the ,secretary a detailed project schedule for the relevant project1 based on estimated ,federal funding levels1 that specifies deadlines for each milestone with respect to the project1 including-- 7#a7 negotiation of buyout contracts2 and 7#b7 the acquisition of contracted buyout properties1 resulting in the fee simple transfer of title to the ,state in which the project is carried out or a designee of the ,state4 7g7 ,source of funds ,following execution of a project partnership agreement under subsection 7d77#c71 and subject to milestones established in that agreement1 payments to eligible entities may be made from-- 7#a7 amounts appropriated in response to a major disaster declaration under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 and 7#b7 other amounts appropriated to the ,secretary1 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 project4 7h7 ,payment 7#a7 ,in general ,upon meeting the milestones established in the project partnership agreement with an eligible entity under subsection 7d77#c71 payment to the eligible entity shall be made to cover documented-- 7,a7 administrative costs2 7,b7 operational costs2 7,c7 other related direct costs1 including acquisition buyout contracting costs2 and 7,d7 other related indirect costs1 including debt expenses4 7#b7 ,escrow account ,upon initiation of acquisition buyout closings1 the ,secretary shall fund a project-specific escrow account administered by the eligible entity to purchase contracted acquisition buyouts4 7i7 ,savings ,upon completion of a project under the ,program by an eligible entity1 if any savings based on the estimated ,federal direct and indirect cost estimates are realized by the participation of the eligible entity1 the savings shall be equally divided between-- 7#a7 the ,secretary2 and 7#b7 the eligible entity as a return on investment4 7j7 ,identification of impediments 7#a7 ,in general ,the ,secretary shall-- 7,a7 except as provided in paragraph 7#b71 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 projects2 7,b7 develop and implement1 on a project-by-project basis1 procedures and approaches that-- 7i7 address such impediments2 and 7ii7 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 projects2 and 7iii7 not later than #a year after the date of enactment of this section1 issue rules to carry out the procedures and approaches developed under this subparagraph4 7#b7 ,rule of construction ,nothing in this section shall be construed to allow the ,secretary to waive any requirement under-- 7,a7 sections #cada through #cadh and sections #cgja through #cgjh of title #dj1 ,united ,states ,code2 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,c7 any other provision of ,federal law4 7k7 ,public benefit assessments 7#a7 ,in general ,before entering into a project partnership agreement with an eligible entity under subsection 7d77#c71 the ,secretary shall conduct an assessment of whether1 and provide justification in writing to ,congress that1 the proposed agreement provides better public and financial benefits than a similar transaction using traditional public funding1 financing1 or administration4 7#b7 ,requirements ,an assessment under paragraph 7#a7 shall-- 7,a7 be completed in a period of not more than #ij days2 7,b7 take into consideration any supporting materials and data submitted by the relevant eligible entity and other stakeholders2 and 7,c7 determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits1 including accelerated or expedited project delivery1 residual risk reduction1 and savings for taxpayers4 7l7 ,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 ,program4 7m7 ,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 ,program4 7n7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and make publicly available a report describing the results of the ,program1 including any recommendations of the ,secretary concerning whether the ,program or any component of the ,program should be implemented across the ,united ,states4 7o7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #bej1jjj1jjj to carry out the ,program1 which shall remain available until expended4