,i #aaeth ,,congress #ast ,session ,h4 ,r4 #deeg ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjag,mrs4 ,wagner introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to authorize the ,secretary of ,housing and ,urban ,development to provide disaster assistance to ,states and units of general government under a community development block grant disaster recovery program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reforming ,disaster ,recovery ,act of #bjag4 #b4 ,community development block grant disaster recovery program 7a7 ,in general ,title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 is amended by adding at the end the following new section3 #abc4 ,,cdbg-,disaster recovery assistance 7a7 ,authority2 use ,the ,secretary may provide assistance under this section to ,states and units of general local government for necessary expenses for activities authorized under this title related to disaster relief1 long-term recovery1 restoration of infrastructure and housing1 and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7b7 ,direct assistance ,assistance shall be awarded directly to ,states and units of general local government at the discretion of the ,secretary4 7c7 ,plan for use of assistance 7#a7 ,requirement ,before obligating any funds made available under this section1 a grantee shall submit a plan to the ,secretary for approval detailing the proposed use of all funds1 which shall include-- 7,a7 criteria for eligibility and how the use of such funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas2 7,b7 identification of officials and offices responsible for identifying and recovering duplicate benefits2 and 7,c7 an agreement to share data with ,federal agencies and other providers of disaster relief4 7#b7 ,approval2 disapproval ,the ,secretary shall1 by regulations issued under section #b7;b7 of the ,reforming ,disaster ,recovery ,act of #bjag1 specify criteria for approval of plans under paragraph 7#a71 and1 if the ,secretary determines that a plan does not meet such criteria1 the ,secretary shall disapprove the plan4 7d7 ,timing 7#a7 ,deadline for allocation of amounts ,within #fj days after the enactment of an ,act making funds available for assistance under this section1 the ,secretary shall allocate to grantees all funds provided for assistance under this section based on the best available data4 7#b7 ,coordination with ,,sba assistance ,the ,secretary may not allocate any amounts made available for assistance under this section for1 or provide any grant amounts to1 any ,state or unit of general local government that does not provide such assurances as the ,secretary may require that such ,state or unit of general local government has required its grantees of assistance received under this section to apply to the ,small ,business ,administration for disaster loan programs administered by such ,administration for which such grantee is eligible4 ,the ,secretary shall consult with the ,administrator of the ,small ,business ,administration in carrying out this paragraph4 7e7 ,financial controls 7#a7 ,certification ,as a condition of making any grant1 the ,secretary shall certify in advance that the grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section #cab of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaee71 to ensure timely expenditure of funds1 to maintain comprehensive websites regarding all disaster recovery activities assisted with such funds1 and to detect and prevent waste1 fraud1 and abuse of funds4 7#b7 ,review of performance ,in exercising the ,secretary's obligation and responsibility to review a grantees's performance1 the maximum feasible deference standard under section #egj4dhj7;c7 of the ,secretary's regulations 7#bd ,c4,f4,r4 #egj4dhj7;c77 shall not apply to a grantee's interpretation of the statutory and regulatory requirements4 7f7 ,use of funds 7#a7 ,grantee and subgrantee administrative costs ,a ,state or unit of general local government receiving a grant under this section1 and a grantee or subgrantee of such a ,state or unit of general local government1 may use not more than #e percent of the amount of grant funds received for administrative costs4 7#b7 ,limitation on use ,amounts from a grant under this section may not be used for activities reimbursable by1 or for which funds are made available by1 the ,federal ,emergency ,management ,agency1 the ,army ,corps of ,engineers1 or the ,small ,business ,administration4 7#c7 ,,hud administrative costs ,of any funds made available for use under this section1 #e percent may be used1 in aggregate1 by the ,secretary for necessary costs1 including information technology costs1 of administering and overseeing the obligation and expenditure of amounts made available for use under this section4 7#d7 ,inspector general ,of any funds made available for use under this section1 #j4e percent shall be transferred to the ,office of the ,inspector ,general for necessary costs of audits1 reviews1 oversight1 evaluation1 and investigations relating to amounts made available for use under this section4 7#e7 ,independent monitors ,the ,secretary shall require each grantee and subgrantee that receives #aj1jjj1jjj or more1 in the aggregate1 of assistance made available under this section to maintain an independent party to monitor compliance with this section and the regulations issued to carry out this section and any applicable ,state laws1 regulations1 and requirements4 ,the costs of providing such an independent monitor shall be considered administrative costs for purposes of this section4 7g7 ,administration ,in administering any amounts made available for assistance under this section1 the ,secretary-- 7#a7 may not allow a grantee to use any such amounts for any purpose other than the purpose originally approved by the ,secretary in the plan submitted under subsection 7c77#a7 to the ,secretary for use of such amounts1 including by any change to the grant agreement2 7#b7 shall require each grantee to notify the ,secretary in writing1 immediately upon completion of all activities identified in the grantee's plan for use of such amounts that was approved by the ,secretary in connection with such grant1 that all such activities have been completed2 7#c7 shall not make the full amount allocated for a grantee available to such grantee in a single grant1 but shall make such amount available through drawdowns from an account established on behalf of the grantee by the ,secretary2 7#d7 shall require each grantee to administer grant funds in accordance with all applicable laws and regulations2 and 7#e7 shall prohibit a grantee from delegating1 by contract or otherwise1 the responsibility for administering grant funds4 7h7 ,subgrantees 7#a7 ,applicability of grantee standards and procedures ,the ,secretary shall apply to subgrantees of grantees of assistance under this section the same standards and procedures for contracting1 procurement1 and oversight that apply to such grantees4 7#b7 ,training for grant management ,the ,secretary shall-- 7,a7 require each grantee to provide training to all subgrantees regarding requirements for grant management1 including eligibility standards1 financial management1 procurement and recordkeeping2 and 7,b7 require each subgrantee to certify1 upon execution of the subgrant agreement1 that the subgrantee has received such training4 7i7 ,procurement 7#a7 ,standards and procedures ,notwithstanding section #bjj4cag of title #b1 ,code of ,federal ,regulations 7#b ,c4,f4,r4 #bjj4cag71 each ,state or unit of general government that receives a grant under this section shall adopt and comply with sections #bjj4cah through #bjj4cbf of title #b1 ,code of ,federal ,regulations 7#b ,c4,f4,r4 #bjj4cah-bjj4cbf71 and each such ,state or unit of general government shall require subgrantees to comply with such sections4 7#b7 ,cost_/price analysis ,in procurement of products and services using amounts from a grant under this section1 including through modification of a contract1 the ,secretary shall require each ,state and unit of general government receiving a grant under this section to perform a cost or price analysis1 which shall involve conducting an independent cost estimate before any bids or proposals are received4 7#c7 ,technical assistance ,the ,secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees1 in contracting or procuring these funds1 to incorporate performance requirements and penalties into any such contracts or agreements4 7j7 ,treatment of ,,cdbg allocations ,amounts made available for use under this section shall not be considered relevant to the non-disaster formula allocations made pursuant to section #ajf 7#db ,u4,s4,c4 #ecjf74 7k7 ,waivers 7#a7 ,authority ,subject to the other provisions of this section1 in administering amounts made available for use under this section1 the ,secretary may waive1 or specify alternative requirements for1 any provision of any statute or regulation that the ,secretary administers in connection with the obligation by the ,secretary or the use by the recipient of such funds 7except for requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment7 if the ,secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of this title4 7#b7 ,notice and publication ,any waiver of or alternative requirement pursuant to paragraph 7#a7 shall not take effect before the expiration of the #cj-;day period beginning upon the later of-- 7,a7 the provision of written notification of such waiver or alternative requirement to the ,congress2 or 7,b7 the publication of notice in the ,federal ,register of such waiver or alternative requirement4 7#c7 ,low- and moderate-income use ,a waiver pursuant to paragraph 7#a7 may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than #ej percent1 unless the ,secretary specifically finds that there is compelling need to further reduce the percentage requirement4 7#d7 ,prohibition ,the ,secretary may not waive any provision of this section pursuant to the authority under paragraph 7#a74 7l7 ,environmental review 7#a7 ,adoption ,notwithstanding subsection 7l77#a71 recipients of funds provided under this heading that use such funds to supplement ,federal assistance provided under section #djb1 #djc1 #djd1 #djf1 #djg1 or #ejb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 may adopt1 without review or public comment1 any environmental review1 approval1 or permit performed by a ,federal agency1 and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review1 approval1 or permit under section #ajd7;g77#a7 of this ,act 7#db ,u4,s4,c4 #ecjd7;g77#a774 7#b7 ,release of funds ,notwithstanding section #ajd7;g77#b7 of this ,act 7#db ,u4,s4,c4 #ecjd7;g77#b771 the ,secretary may1 upon receipt of a request for release of funds and certification1 immediately approve the release of funds for an activity or project assisted with amounts made available for use under this section if the recipient has adopted an environmental review1 approval or permit under paragraph 7#a7 or the activity or project is categorically excluded from review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7m7 ,deposit of unused amounts in ,fund 7#a7 ,in general ,except as provided in paragraph 7#c71 if any amounts made available for assistance under this section remain unobligated upon the earlier of-- 7,a7 the date that the grantee of such amounts notifies the ,secretary1 pursuant to subsection 7g77#b7 of this section1 that the grantee has completed all activities identified in the grantee's plan for use of such amounts that was approved by the ,secretary in connection with such grant2 or 7,b7 the expiration of the #e-year period beginning upon the enactment of the ,act making such amounts available1 as such period may be extended pursuant to paragraph 7#b71 upon such date or expiration1 as applicable1 the ,secretary shall transfer such unobligated amounts to the ,secretary of the ,treasury and the ,secretary of the ,treasury shall cover any such amounts into the ,community ,development ,block ,grant ,disaster ,recovery ,reserve ,fund established under section #abd4 7#b7 ,extension of period for use of funds ,the period under paragraph 7#a77;,b7-- 7,a7 shall be extended by #b years if1 before the expiration of such #e-year period1 the ,secretary causes to be published in the ,federal ,register notification that such #b-year extension is necessary to allow the grantee to complete all activities identified in the grantee's plan for use of such amounts that was approved by the ,secretary in connection with such grant2 and 7,b7 as extended pursuant to subparagraph 7,a71 may be extended for an additional period not to exceed #c years if1 before the expiration of such #b-year period under subparagraph 7,a71 the ,director of the ,office of ,management and ,budget1 upon a request by the ,secretary1 causes to be published in the ,federal ,register notification that such additional extension period is necessary to allow the grantee to complete all such activities4 7#c7 ,exemption for amounts for ,,hud ,,ig ,paragraphs 7#a7 and 7#b7 shall not apply to amounts made available to the ,inspector ,general of the ,department of ,housing and ,urban ,development4 #abd4 ,community ,development ,block ,grant ,disaster ,recovery ,reserve ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states an account to be known as the ,community ,development ,block ,grant ,disaster ,recovery ,reserve ,fund 7in this section referred to as the ,fund74 7b7 ,amounts ,the ,fund shall consist of any amounts appropriated to or credited to the ,fund1 including amounts credited to the ,fund pursuant to section #abc7n74 7c7 ,use ,amounts in the ,fund shall be available only for providing assistance under section #abc1 but only to the extent provided in advance in appropriations ,acts4 4 7b7 ,regulations 7#a7 ,in general ,not later than the expiration of the #ab-month period beginning on the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall issue regulations to carry out sections #abc and #abd of the ,housing and ,community ,development ,act of #aigd1 as added by the amendment made by subsection 7a7 of this section4 7#b7 ,interim regulations 7,a7 ,applicability of ,,cdbg entitlement community regulations ,until the regulations issued pursuant to paragraph 7#a7 take effect1 the ,secretary of ,housing and ,urban ,development shall require each ,state grantee of assistance from community development block grant disaster recovery funds to comply with the requirements under part #egj of the ,secretary's regulations 7#bd ,c4,f4,r4 #egj7 applicable to entitlement communities4 7,b7 ,waiver ,the authority under section #abc7k7 of the ,housing and ,community ,development ,act of #aigd 7relating to waiver of1 and alternative requirements for provisions of statutes and regulations71 as added by the amendment made by subsection 7a7 of this section1 shall not apply with respect to the requirement under subparagraph 7,a7 of this paragraph1 except that the ,secretary may use such authority with respect to regulations specified in subparagraph 7,a7 7only to the extent of the applicability of such regulations pursuant to subparagraph 7,a771 on a case-by-case and disaster-by-disaster basis4 7#c7 ,definition ,for purposes of this subsection1 the term community development block grant disaster recovery funds means any amounts made available in any fiscal year-- 7,a7 for assistance under section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by the amendment made by subsection 7a7 of this section2 or 7,b7 under the account entitled ,department of ,housing and ,urban ,development--,community ,planning and ,development--,community ,development ,fund for activities authorized under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 related to disaster relief1 long-term recovery1 restoration of infrastructure and housing1 or economic revitalization in areas affected by a major disaster declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474