II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strategic Acquisition 

5 and Floodplain Efficiency Reform Act’’ or the ‘‘SAFER 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Housing and Urban De3 velopment. 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means a private entity with the consent of the 

6 local government— 

7 (A) in which a project to be carried out by 

8 the entity under the Program is located; or 

9 (B) that is otherwise affected by a project 

10 to be carried out by the entity under the Pro11 gram. 

12 (3) PROGRAM.—The term ‘‘Program’’ means 

13 the pilot program established under section 3. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Housing and Urban Development. 

16 SEC. 3. PILOT PROGRAM. 

17 (a) IN GENERAL.—The Secretary shall establish a 

18 pilot program to evaluate the cost effectiveness and project 

19 delivery efficiency of allowing eligible entities to carry out 

20 pre-disaster mitigation activities, such as property acquisi21 tion and relocations, under the Community Development 

22 Block Grant Disaster Recovery program authorized under 

23 title I of the Housing and Community Development Act 

24 of 1974 (42 U.S.C. 5301 et seq.). 

25 (b) PURPOSES.—The purposes of the Program are— 


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1 (1) to identify cost-saving project delivery alter2 natives that accelerate the pre-disaster mitigation 

3 activities of the Department through the Community 

4 Development Block Grant Disaster Recovery pro5 gram authorized under title I of the Housing and 

6 Community Development Act of 1974 (42 U.S.C. 

7 5301 et seq.); and 

8 (2) to evaluate the technical, financial, and or9 ganizational benefits of allowing eligible entities to 

10 carry out and manage pre-disaster mitigation 

11 projects. 

12 (c) SUBSEQUENT APPROPRIATIONS.—Any activity 

13 undertaken under the Program is authorized only to the 

14 extent specifically provided for in subsequent appropria15 tions Acts. 

16 (d) ADMINISTRATION.—In carrying out the Program, 

17 the Secretary shall— 

18 (1) identify for inclusion in the Program not 

19 fewer than 5 pre-disaster mitigation projects; 

20 (2) in consultation with the eligible entity asso21 ciated with each project identified under paragraph 

22 (1), develop a detailed project management plan for 

23 the project that outlines the scope, estimated Fed24 eral direct and indirect cost estimates, financing, 

25 budget, and other resource requirements, including 


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1 any data the eligible entity deems necessary to exe2 cute the project; 

3 (3) at the request of the eligible entity associ4 ated with each project identified under paragraph 

5 (1), enter into a project partnership agreement with 

6 the eligible entity under which the eligible entity is 

7 provided full project management control for the fi8 nancing and execution (or any combination thereof) 

9 of the project, in accordance with plans approved by 

10 the Secretary; 

11 (4) following execution of a project partnership 

12 agreement under paragraph (3), issue payment, in 

13 accordance with subsection (h), to the relevant eligi14 ble entity for that work; and 

15 (5) regularly monitor and audit each project 

16 carried out under the Program to ensure that— 

17 (A) all activities related to the project are 

18 carried out in compliance with plans approved 

19 by the Secretary; and 

20 (B) activity delivery costs are reasonable. 

21 (e) SELECTION CRITERIA.—In identifying projects 

22 under subsection (d)(1), the Secretary shall consider the 

23 extent to which the project— 


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1 (1) reduces future damages from natural disas2 ters such as hurricanes and extraordinary rainfall 

3 events; 

4 (2) reduces the number of severe repetitive loss 

5 and repetitive loss properties; 

6 (3) reduces risk to life and property; 

7 (4) provides opportunities to restore lost func8 tions and values of floodplains; 

9 (5) promotes opportunities to improve social 

10 and environmental justice; and 

11 (6) accelerates property acquisitions and reloca12 tions to reduce future risk. 

13 (f) DETAILED PROJECT SCHEDULE.—Not later than 

14 180 days after entering into a project partnership agree15 ment under subsection (d)(3), an eligible entity, to the 

16 maximum extent practicable, shall submit to the Secretary 

17 a detailed project schedule for the relevant project, based 

18 on estimated Federal funding levels, that specifies dead19 lines for each milestone with respect to the project, includ20 ing— 

21 (1) negotiation of buyout contracts; and 

22 (2) the acquisition of contracted buyout prop23 erties, resulting in the fee simple transfer of title to 

24 the State in which the project is carried out or a 

25 designee of the State. 


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1 (g) SOURCE OF FUNDS.—Following execution of a 

2 project partnership agreement under subsection (d)(3), 

3 and subject to milestones established in that agreement, 

4 payments to eligible entities may be made from— 

5 (1) amounts appropriated in response to a 

6 major disaster declaration under section 401 of the 

7 Robert T. Stafford Disaster Relief and Emergency 

8 Assistance Act (42 U.S.C. 5170); and 

9 (2) other amounts appropriated to the Sec10 retary, subject to the condition that the total 

11 amount transferred to the eligible entity may not ex12 ceed the estimate of the Federal cost of the pre-dis13 aster mitigation project. 

14 (h) PAYMENT.— 

15 (1) IN GENERAL.—Upon meeting the milestones 

16 established in the project partnership agreement 

17 with an eligible entity under subsection (d)(3), pay18 ment to the eligible entity shall be made to cover 

19 documented— 

20 (A) administrative costs; 

21 (B) operational costs; 

22 (C) other related direct costs, including ac23 quisition buyout contracting costs; and 

24 (D) other related indirect costs, including 

25 debt expenses. 


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1 (2) ESCROW ACCOUNT.—Upon initiation of ac2 quisition buyout closings, the Secretary shall fund a 

3 project-specific escrow account administered by the 

4 eligible entity to purchase contracted acquisition 

5 buyouts. 

6 (i) SAVINGS.—Upon completion of a project under 

7 the Program by an eligible entity, if any savings based 

8 on the estimated Federal direct and indirect cost estimates 

9 are realized by the participation of the eligible entity, the 

10 savings shall be equally divided between— 

11 (1) the Secretary; and 

12 (2) the eligible entity as a return on investment. 

13 (j) IDENTIFICATION OF IMPEDIMENTS.— 

14 (1) IN GENERAL.—The Secretary shall— 

15 (A) except as provided in paragraph (2), 

16 identify any procedural requirements under the 

17 authority of the Secretary that impede greater 

18 use of public-private partnerships and private 

19 investment in pre-disaster mitigation projects; 

20 (B) develop and implement, on a project21 by-project basis, procedures and approaches 

22 that— 

23 (i) address such impediments; and 

24 (ii) protect the public interest and any 

25 public or private investment in pre-disaster 


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1 mitigation projects that involve public-pri2 vate partnerships or private investment in 

3 pre-disaster mitigation projects; and 

4 (iii) not later than 1 year after the 

5 date of enactment of this section, issue 

6 rules to carry out the procedures and ap7 proaches developed under this subpara8 graph. 

9 (2) RULE OF CONSTRUCTION.—Nothing in this 

10 section shall be construed to allow the Secretary to 

11 waive any requirement under— 

12 (A) sections 3141 through 3148 and sec13 tions 3701 through 3708 of title 40, United 

14 States Code; 

15 (B) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); or 

17 (C) any other provision of Federal law. 

18 (k) PUBLIC BENEFIT ASSESSMENTS.— 

19 (1) IN GENERAL.—Before entering into a 

20 project partnership agreement with an eligible entity 

21 under subsection (d)(3), the Secretary shall conduct 

22 an assessment of whether, and provide justification 

23 in writing to Congress that, the proposed agreement 

24 provides better public and financial benefits than a 


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1 similar transaction using traditional public funding, 

2 financing, or administration. 

3 (2) REQUIREMENTS.—An assessment under 

4 paragraph (1) shall— 

5 (A) be completed in a period of not more 

6 than 90 days; 

7 (B) take into consideration any supporting 

8 materials and data submitted by the relevant el9 igible entity and other stakeholders; and 

10 (C) determine whether the proposed 

11 project partnership agreement is in the public 

12 interest by determining whether the agreement 

13 will provide public and financial benefits, in14 cluding accelerated or expedited project deliv15 ery, residual risk reduction, and savings for tax16 payers. 

17 (l) APPLICABILITY OF FEDERAL LAW.—Any provi18 sion of Federal law that would apply to the Secretary if 

19 the Secretary were carrying out a project shall apply to 

20 an eligible entity carrying out a project under the Pro21 gram. 

22 (m) COST SHARE.—Nothing in this section shall be 

23 construed to affect any cost-sharing requirement under 

24 Federal law that is applicable to a project carried out 

25 under the Program. 


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1 (n) REPORT.—Not later than 3 years after the date 

2 of enactment of this Act, the Secretary shall submit to 

3 Congress and make publicly available a report describing 

4 the results of the Program, including any recommenda5 tions of the Secretary concerning whether the Program or 

6 any component of the Program should be implemented 

7 across the United States. 

8 (o) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary 

10 $250,000,000 to carry out the Program, which shall re11 main available until expended. 

Æ 


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