,,ib ,union ,calendar ,no4 #hgj #aaeth ,,congress #b;d ,session ,h4 ,r4 #deeg ,report ,no4 #aae-aajg1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjag ,mrs4 ,wagner introduced the following bill2 which was referred to the ,committee on ,financial ,services ,december #bb1 #bjah ,reported with an amendment and referred to the ,committee on ,transportation and ,infrastructure for a period ending not later than ,december #bh1 #bjah1 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause #a7r7 of rule ,x ,strike out all after the enacting clause and insert the part printed in italic ,december #bh1 #bjah;,additional sponsors3 ,mr4 ,ross1 ,ms4 ,tenney1 and ,mr4 ,al ,green of ,texas ,december #bh1 #bjah;,committee on ,transportation and ,infrastructure discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,december #e1 #bjag ,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 #bjah4 #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 ,states1 units of general local government1 and ,indian tribes for necessary expenses for activities authorized under this title related to disaster relief1 resiliency1 long-term recovery1 restoration of infrastructure and housing1 mitigation1 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 ,timing 7#a7 ,deadlines for allocation of amounts ,except as provided in paragraph 7#b71 after the enactment of an ,act making funds available for assistance under this section1 the ,secretary shall allocate for grantees1 based on the best available data-- 7,a7 not less than one-third of funds provided for assistance under this section1 within #fj days of the date of the enactment of such ,act2 and 7,b7 all remaining unallocated funds to be provided to grantees1 within #ahj days of such date of enactment4 7#b7 ,inapplicability of deadlines based on insufficient information ,the deadlines under paragraph 7#a7 for allocation of funds shall not apply in the case of funds made available for assistance under this section if ,federal ,emergency ,management ,agency has not made sufficient information available to the ,secretary regarding relevant unmet recovery to make allocations in accordance with such deadlines4 7#c7 ,disbursement of amounts ,subject to subsection 7c77#a71 the ,secretary shall provide for the disbursement of the amounts allocated for a grantee over time in accordance with obligations of the grantee1 but shall require the grantee to be in substantial compliance with the requirements of this section before each such disbursement4 7#d7 ,coordination of disaster benefits and data with other ,federal agencies 7,a7 ,coordination of data ,the ,secretary shall coordinate with other agencies to obtain data on recovery needs4 ,the ,administrator of the ,federal ,emergency ,management ,agency and the ,administrator of the ,small ,business ,administration shall share data with the ,secretary to coordinate disaster benefits4 7,b7 ,coordination with ,,fema ,the ,secretary and the ,administrator of the ,federal ,emergency ,management ,agency shall share with each other1 and make publicly available1 all data collected or analyzed during the course of a disaster recovery for which assistance is provided under this section1 including-- 7i7 all data on damage caused by the disaster2 7ii7 information on how any ,federal assistance provided in connection with the disaster is expended2 7iii7 information regarding the effect of the disaster on education1 transportation capabilities and dependence1 housing needs and displacement4 7,c7 ,prohibition and requirements regarding ,small ,business ,administration loans 7i7 ,prohibition ,funds made available for use under this section may not be used to repay ,small ,business ,administration loans4 7ii7 ,family eligibility ,any family having an income exceeding #abj percent of the area median income shall not be eligible for assistance provided from funds made available for use under this section unless 7i7 the family has applied for a ,small ,business ,administration loan for such purpose and has agreed that if such a loan is made that it will use the proceeds of such loan in lieu of assistance from funds made available for use under this section1 or 7ii7 such loans are not available at the time of application for assistance from funds made available for use under this section2 except that the ,secretary may establish income ceilings higher or lower than #abj percent of the median for the area on the basis of the ,secretary's findings that such variations are necessary because of unusually high or low family incomes4 7,d7 ,notice to ,,sba applicants ,the ,secretary shall consult and coordinate with the ,administrator of the ,small ,business ,administration as necessary to ensure that applicants for ,small ,business ,administration disaster loans are provided clear written notice regarding their potential eligibility for assistance with funds made available under this section and the affect of such ,small ,business ,administration loans on such eligibility4 7,e7 ,treatment of duplicative benefits ,in any case in which a grantee provides assistance that duplicates benefits available to a person for the same purpose from another source1 the grantee shall collect any duplicative assistance that it provides and return the amount of duplicative assistance to the grantees funds available for use under this section1 or to the ,secretary1 or be subject to remedies for noncompliance under section #aaa1 unless the ,secretary issues a public determination that it is not in the best interest of the ,federal ,government to pursue such remedies4 7,f7 ,protection of personally identifiable information ,in carrying out this paragraph1 the ,secretary shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section is not made publicly available by the ,department of ,housing and ,urban ,development or any agency with which information is shared pursuant to this paragraph4 7c7 ,plan for use of assistance 7#a7 ,requirement ,not later than #abj days after the allocation pursuant to subsection 7b77#a77;,b7 of the funds made available by an appropriations ,act for assistance under this section and before the ,secretary obligates any of such funds for a grantee1 the grantee shall submit a plan to the ,secretary for approval detailing the proposed use of all funds1 which shall include1 at a minimum-- 7,a7 criteria for eligibility and a description of how the use of such funds will address disaster relief1 resiliency1 long-term recovery and restoration of infrastructure and housing1 and mitigation and economic revitalization in the most impacted and distressed areas2 7,b7 identification of officials and offices responsible for administering such funds and identifying and recovering duplicate benefits2 7,c7 an agreement to share data with ,federal agencies and other providers of disaster relief1 which shall include information the grantee has regarding the matters described in subparagraph 7,b72 and 7,d7 a plan for ensuring compliance with the ,fair ,housing ,act1 which may include providing for partnerships with local fair housing organizations and funding set-aside for local fair housing organizations to handle complaints relating to assistance with amounts made available for use under this section4 7#b7 ,approval ,the ,secretary shall1 by regulation1 specify criteria for approval of plans under paragraph 7#a71 including approval of substantial amendments to such plans4 7#c7 ,disapproval ,the ,secretary shall disapprove a plan or substantial amendment to a plan if-- 7,a7 the ,secretary determines that a plan or substantial amendment does not meet the approval criteria2 7,b7 the ,secretary determines1 based on damage and unmet needs assessments of the ,secretary and the ,federal ,emergency ,management ,administration or such other information as may be available1 that the plan or amendment does not provide for equitable allocation of resources-- 7i7 between infrastructure and housing projects2 or 7ii7 between homeowners1 renters1 and persons experiencing homelessness2 7,c7 the ,secretary determines that the plan does not provide a credible plan for ensuring compliance with the ,fair ,housing ,act2 or 7,d7 the ,secretary determines that the plan does not prioritize the one-for-one replacement of public housing and other federally subsidized housing that provides affordable housing for the lowest income households4 7#d7 ,resubmission ,the ,secretary shall permit a grantee to revise and resubmit disapproved plans4 7#e7 ,timing ,the ,secretary shall approve or disapprove a plan not later than #abj days after submission of the plan to the ,secretary4 7d7 ,financial controls 7#a7 ,compliance system ,the ,secretary shall develop and maintain a system to ensure that each grantee has in place-- 7,a7 proficient financial controls and procurement processes2 7,b7 adequate procedures to ensure that all eligible families and individuals are approved for assistance with amounts made available under this section and that recipients are provided the full amount of assistance for which they are eligible2 7,c7 adequate procedures to prevent any duplication of benefits1 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 and to detect and prevent waste1 fraud1 and abuse of funds2 and 7,d7 adequate procedure to ensure the grantee will maintain comprehensive and publicly accessible websites that make available information regarding all disaster recovery activities assisted with such funds1 which information shall include-- 7i7 full and unredacted copies of all requests for qualification for assistance or for procurement with such funds1 however styled2 7ii7 all responses to such requests2 7iii7 the identity of any individual or entity that reviews1 evaluates1 scores1 or otherwise influences or determines the disposition of such requests2 7iv7 all reports1 however styled1 containing the reviewing individual or entity's scores1 findings2 and conclusions regarding such requests2 and 7v7 any resulting contract1 agreement1 or other disposition of such requests2 except that such procedures shall ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section shall not be made publically available4 7#b7 ,certification ,as a condition of making any grant1 the ,secretary shall certify in advance that the grantee has in place the processes and procedures required under subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7e7 ,use of funds 7#a7 ,administrative costs 7,a7 ,in general ,a ,state1 unit of general local government1 or ,indian tribe receiving a grant under this section may use not more than #aj percent of the amount of grant funds received1 or not more than such other percentage as may be established pursuant to subparagraph 7,b71 for administrative costs and shall document the use of funds for such purpose in accordance with such requirements as the ,secretary shall establish4 7,b7 ,discretion to establish sliding scale ,the ,secretary may establish a series of percentage limitations on the amount of grant funds received that may be used by a grantee for administrative costs1 but only if-- 7i7 such percentage limitations are based on the amount of grant funds received by a grantee2 7ii7 such series provides that the percentage that may be so used is lower for grantees receiving a greater amount of grant funds and such percentage that may be so used is higher for grantees receiving a lesser amount of grant funds2 and 7iii7 in no case may a grantee so use more than #aj percent of grant funds received4 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 by-- 7,a7 the ,federal ,emergency ,management ,agency1 including under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act or the ,national ,flood ,insurance ,program2 or 7,b7 the ,army ,corps of ,engineers4 7#c7 ,,hud administrative costs 7,a7 ,limitation ,of any funds made available for use under this section by any single appropriations ,act1 the ,secretary may use #j4e percent of any such amount exceeding #a1jjj1jjj1jjj 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,b7 ,transfer of funds ,any amounts made available for use in accordance with subparagraph 7,a7 shall-- 7i7 be transferred to the account for ,program ,office ,salaries and ,expenses--,community ,planning and ,development for the ,department2 7ii7 shall remain available until expended2 and 7iii7 may be used for such administrative costs for administering any funds appropriated to the ,department for any disaster and related purposes in any prior or future ,act making funds available for use under this section1 notwithstanding the disaster for which such funds were appropriated4 7#d7 ,inspector general ,of any funds made available for use in accordance with paragraph 7#c77;,a71 #aj 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 ,capacity building ,of any funds made available for use under this section1 not more than #j4a percent or #ae1jjj1jjj1 whichever is less1 shall be made available for capacity building and technical assistance1 including assistance regarding contracting and procurement processes1 to support grantees and subgrantees receiving funds under this section4 7#f7 ,compliance with storm water protections ,the ,secretary shall provide that no funds made available under this section may be used for construction1 repair1 or rehabilitation of any infrastructure unless the infrastructure assisted complies with any minimum standards for protection from floods and stormwaters1 including the ,federal ,flood ,risk ,management ,standards of the ,federal ,emergency ,management ,agency4 7#g7 ,flood risk mitigation 7,a7 ,requirements ,subject to subparagraph 7,b71 the ,secretary shall require that any structure that is located in an area having special flood hazards and that is newly constructed1 for which substantial damage is repaired1 or that is substantially improved1 using amounts made available under this section1 shall be elevated with the lowest floor1 including the basement1 at least two feet above the base flood level4 7,b7 ,multifamily housing ,in the case of structures consisting of multifamily housing1 the ,secretary1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 shall provide for alternative forms of mitigation 7in addition to elevation7 and shall exempt from the requirement under subparagraph 7,a7 any such structure that meets the standards for such an alternative form of mitigation4 7,c7 ,definitions ,for purposes of subparagraph 7,a71 the terms area having special flood hazards1 newly constructed1 substantial damage1 substantial improvement1 and base flood level have the same meanings as under the ,flood ,disaster ,protection ,act of #aigc and the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq474 7f7 ,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 approved by the ,secretary in the plan submitted under subsection 7c77#a7 to the ,secretary for use of such amounts2 7#b7 may not permit a grantee to amend a plan to retroactively approve a beneficiary's use of funds for an eligible activity other than an activity for which the funds were originally approved in the plan2 and 7#c7 shall prohibit a grantee from delegating1 by contract or otherwise1 the responsibility for inherent government functions4 7g7 ,training for grant management for subgrantees ,the ,secretary shall require each grantee to provide ongoing training to all staff and subgrantees4 7h7 ,procurement processes and procedures for ,states 7#a7 ,state processes and procedures ,in procuring property or services to be paid for in whole or in part with amounts from a grant under this section1 a ,state shall-- 7,a7 follow its own procurement processes and procedures1 but only if the ,secretary makes a determination that such processes and procedures comply with the requirements under paragraph 7#b72 or 7,b7 comply with such processes and procedures as the ,secretary shall1 by regulation1 establish for purposes of this section4 7#b7 ,requirements ,the requirements under this paragraph with respect to the procurement processes and procedures of a ,state are that such processes and procedures shall-- 7,a7 provide for full and open competition and require cost or price analysis2 7,b7 include requirements for procurement policies and procedures for subgrantees1 based on full and open competition2 7,c7 specify methods of procurement and their applicability1 but not allow for cost-plus-a-percentage-of cost or percentage-of-construction-cost methods of procurement2 7,d7 include standards of conduct governing employees engaged in the award or administration of contracts2 7,e7 ensure that all purchase orders and contracts include any clauses required by ,federal ,statute1 ,executive ,order1 or implementing regulation4 7#c7 ,noncompliance ,in the case of a ,state for which the ,secretary finds pursuant to paragraph 7#a77;,a7 that its procurement processes and procedures do not comply with paragraph 7#b71 the ,secretary shall-- 7,a7 provide the ,state with specific written notice of the elements of noncompliance and the changes necessary to such processes and procedures to provide for compliance2 7,b7 provide the ,state a reasonable period of time to come into compliance2 and 7,c7 during such period allow the ,state to proceed with procuring property and services paid for in whole or in part with amounts from a grant under this section in compliance with the procurement processes and procedures of the ,state1 but only if the ,secretary determines the ,state is making a good faith effort to effectuate compliance with the requirements of paragraph 7#b74 7i7 ,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 of this title 7#db ,u4,s4,c4 #ecjf74 7j7 ,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 environment and except for the requirements of this section71 if the ,secretary makes a public finding 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 #e-;day period beginning upon 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 #gj 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 7k7 ,environmental review 7#a7 ,adoption ,notwithstanding subsection 7j77#a71 recipients of funds provided under this section that use such funds to supplement ,federal assistance provided under section #djb1 #djc1 #djd1 #djf1 #djg1 #djh7;c77#d71 #dbh1 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 title 7#db ,u4,s4,c4 #ecjd7;g77#a774 7#b7 ,release of funds ,notwithstanding section #ajd7;g77#b7 of this title 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 7l7 ,collection of information2 audits and oversight 7#a7 ,collection of information ,for each major disaster for which assistance is made available under this section1 the ,secretary shall collect information regarding all recovery efforts so assisted and shall make such information available to the public and to the ,inspector ,general for the ,department of ,housing and ,urban ,development1 and shall report to the ,congress regarding such efforts4 ,information collected and reported shall be disaggregated by race1 geography1 and all protected classes of individuals under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 the ,americans with ,disabilities ,act of #aiij1 the ,fair ,housing ,act1 the ,civil ,rights ,act of #aifd1 and other civil rights and nondiscrimination protections4 ,in carrying out this paragraph1 the ,secretary shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section shall not made publicly available4 7#b7 ,audits and oversight ,in conducting audits1 reviews1 oversight1 evaluation1 and investigations1 in addition to activities designed to prevent and detect waste1 fraud1 and abuse1 the ,inspector ,general shall review programs of grantees under this section for providing disaster relief and recovery assistance to ensure such programs fulfill their purposes and serve all eligible applicants for disaster relief or recovery assistance4 7m7 ,pre-certification for units of general local government 7#a7 ,in general ,the ,secretary shall carry out a program under this subsection to provide for units of general local government to pre-certify as eligible grantees for assistance under this section4 7#b7 ,requirements ,to be eligible for pre-certification under the program under this subsection a unit of general local government shall-- 7,a7 demonstrate to the satisfaction of the ,secretary compliance with the requirements of this section2 and 7,b7 have previously received assistance as a grantee or subgrantee under this section1 or with amounts made available for the ,community ,development ,block ,grant--,disaster ,recovery account1 in connection with two or more major disasters declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#c7 ,duration ,pre-certification under the program under this subsection shall be effective for a term of #aj years4 7n7 ,deposit of unused amounts in ,fund 7#a7 ,in general ,if any amounts made available for assistance under this section to grantees remain unexpended upon the earlier of-- 7,a7 the date that the grantee of such amounts notifies the ,secretary 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 #f-year period beginning upon the ,secretary obligating such amounts to the grantee1 as such period may be extended pursuant to paragraph 7#b71 the ,secretary shall transfer such unexpended amounts to the ,secretary of the ,treasury for deposit into the ,community ,development ,block ,grant ,disaster ,recovery ,reserve ,fund established under section #abd1 except that the ,secretary may1 by regulation1 permit the grantee to retain amounts needed to close out the grant4 7#b7 ,extension of period for use of funds ,the period under paragraph 7#a77;,b7 shall be extended by not more than #c years if1 before the expiration of such #f-year period1 the ,director of the ,office of ,management and ,budget1 upon a request by the ,secretary1 waives this requirement and submits a written justification for such waiver to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate that specifies the period of such extension4 #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 deposited into the ,fund1 including amounts deposited into 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 ,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 ,december #bh1 #bjah ,committee on ,transportation and ,infrastructure discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed