,,ii #aafth ,,congress #ast ,session ,s4 #bgif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #f1 #bjai,mr4 ,tillis 7for himself and ,mr4 ,burr7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to expedite disaster assistance to ,states1 insular areas1 units of general local government1 and ,indian tribes under a community development block grant disaster recovery program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ensuring ,disaster ,recovery for ,local ,communities ,act of #bjai4 #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-- 7#a7 in section #ajd7;b7 7#db ,u4,s4,c4 #ecjd7;b771 by inserting or #abc after #ajf each place that term appears2 and 7#b7 by adding at the end the following3 #abc4 ,,cdbg-,disaster recovery assistance 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 a ,state2 7#b7 an insular area2 7#c7 a unit of general local government2 and 7#d7 an ,indian tribe4 7b7 ,authority2 use 7#a7 ,in general ,the ,secretary shall provide assistance under this section to eligible entities 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 7#b7 ,other assistance ,the ,secretary may provide an appropriate amount of assistance to eligible entities outside an area described in paragraph 7#a7 that receives displaced residents due to a major disaster declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 for the purpose of carrying out eligible activities to provide housing to and meet other disaster recovery needs of those displaced residents4 7#c7 ,consideration ,in carrying out eligible activities with assistance provided under this section1 a grantee shall prioritize activities that address housing recovery needs and how to better recover from and withstand future disasters1 prolong the life of housing and infrastructure1 use cost-effective means of preventing harm to people and property1 incorporate protective features1 redundancies1 energy savings1 and other measures that will assure the continuation of critical services during future disasters4 7c7 ,timing 7#a7 ,deadlines for allocation of amounts ,except as provided in paragraph 7#b71 after the enactment of an appropriations ,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 enactment of that ,act2 and 7,b7 all remaining unallocated funds to be awarded 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 until sufficient information has been made available to the ,secretary to determine unmet recovery needs and make allocations in accordance with those deadlines4 7#c7 ,development of common application ,the ,secretary1 the ,administrator of the ,federal ,emergency ,management ,agency1 the ,administrator of the ,small ,business ,administration1 and the heads of other appropriate agencies shall develop a common form-- 7,a7 for the purpose of applying for individual disaster assistance from the ,department of ,housing and ,urban ,development1 the ,federal ,emergency ,management ,agency1 or the ,small ,business ,administration2 and 7,b7 that can be used and shared by all agencies providing individual disaster assistance and by the grantees and subgrantees as necessary4 7d7 ,plan for use of assistance 7#a7 ,requirement ,not later than #abj days after the allocation pursuant to subsection 7c77#a77;,b7 of the funds made available by an appropriations ,act for assistance under this section1 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 for each proposed use of funds1 including eligibility limits on income and geography1 and a description of how the use of such funds will-- 7i7 address unmet needs relating to disaster relief1 resiliency1 long-term recovery and restoration of infrastructure and housing1 and mitigation and economic revitalization in the most impacted and distressed areas2 and 7ii7 provide assistance to impacted households experiencing homelessness or at risk of homelessness2 7,b7 identification of officials and offices responsible for administering such funds and identifying and recovering duplicative 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 to provide case management services to disaster-impacted residents in identifying1 understanding1 and accessing available ,federal assistance4 7#b7 ,public consultation ,in developing the plan required under paragraph 7#a71 a grantee shall1 at a minimum-- 7,a7 consult with affected residents1 stakeholders1 local governments1 and public housing authorities to assess needs2 7,b7 publish the plan in accordance with the requirements set forth by the ,secretary1 including a requirement to prominently post the plan on the website of the grantee for not less than #ad days2 7,c7 ensure equal access for individuals with disabilities and individuals with limited ,english proficiency2 and 7,d7 publish the plan in a manner that affords residents1 affected local governments1 and other interested parties a reasonable opportunity to examine the contents of the plan and provide feedback4 7#c7 ,approval ,the ,secretary shall1 by regulation1 specify criteria for the approval of a plan submitted under paragraph 7#a71 including approval of substantial amendments to the plan4 7#d7 ,disapproval ,the ,secretary shall disapprove a plan or substantial amendment to a plan submitted under paragraph 7#a7 if a plan or substantial amendment does not meet the approval criteria4 7#e7 ,resubmission ,the ,secretary shall permit a grantee to revise and resubmit a plan that the ,secretary disapproves under paragraph 7#d74 7#f7 ,timing ,the ,secretary shall approve or disapprove a plan submitted under paragraph 7#a7 not later than #ij days after the date on which the plan is submitted to the ,secretary4 7e7 ,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 amounts made available under this section provide the broadest benefit possible to eligible families and individuals that are approved for assistance2 7,c7 adequate procedures to-- 7i7 ensure timely expenditure of funds2 and 7ii7 detect and prevent waste1 fraud1 and abuse of funds2 and 7,d7 adequate procedures 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 any resulting contract1 agreement1 or other disposition of requests for qualification of assistance or for procurement with such funds4 7#b7 ,requirement ,the procedures described in paragraph 7#a77;,d7 shall ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section shall not be made publicly available4 7#c7 ,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 paragraph 7#a74 7f7 ,use of funds 7#a7 ,administrative costs ,an eligible entity receiving a grant under this section-- 7,a7 may use not more than #e percent of the amount of grant funds received for administrative costs2 and 7,b7 shall document the use of funds for the purpose described in subparagraph 7,a7 in accordance with such requirements as the ,secretary shall establish4 7#b7 ,,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 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-- 7i7 shall be transferred to the account for ,program ,office ,salaries and ,expenses--,community ,planning and ,development for the ,department of ,housing and ,urban ,development2 7ii7 shall remain available until expended2 and 7iii7 may be used for such administrative costs for administering any funds appropriated to the ,department of ,housing and ,urban ,development 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#c7 ,inspector general ,of any funds made available for use in accordance with paragraph 7#b77;,a71 #aj percent shall be transferred to the ,office of the ,inspector ,general of the ,department of ,housing and ,urban ,development for necessary costs of audits1 reviews1 oversight1 evaluation1 and investigations relating to amounts made available for use under this section4 7#d7 ,capacity building ,of any funds made available for use under this section1 #b percent may be made available for capacity building and technical assistance to support grantees and subgrantees receiving funds under this section4 7g7 ,procurement processes and procedures for grantees 7#a7 ,grantee 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 grantee shall-- 7,a7 follow the procurement processes and procedures of the grantee1 but only if the ,secretary makes a determination that those 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 grantee are that the 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 and 7,e7 ensure that all purchase orders and contracts include any clauses required by statute or implementing regulation4 7#c7 ,noncompliance ,in the case of a grantee for which the ,secretary finds pursuant to paragraph 7#a77;,a7 that the procurement processes and procedures of the grantee do not comply with paragraph 7#b71 the ,secretary shall-- 7,a7 provide the grantee with specific written notice of the elements of noncompliance and the changes necessary to those processes and procedures to provide for compliance2 7,b7 provide the grantee a reasonable period of time to come into compliance2 and 7,c7 during the period of time described in subparagraph 7,b71 allow the grantee 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 grantee1 but only if the ,secretary periodically affirmatively determines that the grantee is making a good faith effort to effectuate compliance with the requirements of paragraph 7#b74 7h7 ,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 #ajf4 7i7 ,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 those funds 7except for requirements related to fair housing1 nondiscrimination1 labor standards1 flood risk management1 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 the 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 #ae-;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 is required to be used for activities that benefit persons of low- and moderate-income to less than #gj percent of the total allocation1 unless the ,secretary specifically finds that there is compelling need to further reduce the percentage requirement and that funds are not necessary to address the housing needs of low- and moderate-income residents4 7#d7 ,prohibition ,the ,secretary may not waive any provision of this section pursuant to the authority under paragraph 7#a74 7j7 ,environmental review 7#a7 ,adoption ,notwithstanding subsection 7k77#a71 recipients of funds provided under this section that use the 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 #eagj;a1 #eagj;b1 #eagj;c1 #eagb1 #eagc1 #eagd7;c77#d71 #eahi;f1 #eaib7 may adopt1 without review or public comment1 any environmental review1 approval1 or permit performed by a ,federal agency1 and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review1 approval1 or permit under section #ajd7;g77#a74 7#b7 ,release of funds ,notwithstanding section #ajd7;g77#b71 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 approval1 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 7k7 ,pre-,certification for units of general local government 7#a7 ,in general ,the ,secretary may 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 subsection1 a unit of general local government shall demonstrate to the satisfaction of the ,secretary the capacity to comply with the requirements of this section4 7#c7 ,approval of plans 7,a7 ,expedited approval processes ,the ,secretary shall establish and maintain processes for expediting approval of plans for units of general local government that are pre-certified under this subsection4 7,b7 ,effect of pre-certification ,pre-certification pursuant to this subsection shall not-- 7i7 establish any entitlement to1 or priority or preference for1 allocation of funds made available under this section2 or 7ii7 exempt any grantee from complying with any of the requirements under1 or established pursuant to1 subsection 7c7 or 7d74 7#d7 ,duration ,pre-certification under the program under this subsection shall be effective for a term of #e years4 7l7 ,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 the grant2 7,b7 recapture of funds from the grantee or repayment of funds by the grantee2 or 7,c7 the expiration of the #aj-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;,c7 shall be extended by not more than #c years if the ,secretary waives this requirement and submits a written justification for the waiver to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate that specifies the period of that extension4 7m7 ,thresholds and reporting for disaster relief 7#a7 ,definition of covered grantee ,in this subsection1 the term covered grantee means a grantee under this title that receives funds from an appropriations ,act to carry out the purposes of this section to address the damage in an area for which the ,president has declared a major disaster under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 7#b7 ,setting thresholds ,the ,secretary shall establish and make publicly available spending thresholds that a covered grantee shall be required-- 7,a7 to meet on the date that is #f months after the date on which funds have been obligated by the covered grantee2 and 7,b7 to meet every #f months thereafter until all funds have been expended by the covered grantee4 7#c7 ,failure to meet thresholds 7,a7 ,in general ,a covered grantee that fails to meet the spending thresholds established under paragraph 7#b7 shall submit to the ,secretary1 the appropriate committees of ,congress1 and each member of ,congress who represents a district or ,state of the covered grantee a written report identifying technical capacity1 funding1 or other ,federal or ,state impediments affecting the ability of the covered grantee to meet the spending thresholds4 7,b7 ,publication ,not later than #cj days after the date on which the ,secretary receives a report under subparagraph 7,a71 the ,secretary shall make the report publicly available on the website of the ,department of ,housing and ,urban ,development4 7n7 ,subgrantee eligibility 7#a7 ,in general ,upon request1 the ,secretary may allow counties1 municipalities1 ,indian tribes1 or other local subdivisions with a demonstrated record of administering funds under this title to become a subgrantee of the covered grantee4 7#b7 ,capacity building ,a county1 municipality1 ,indian tribe1 or other local subdivision lacking a demonstrated record of administrating funds under this title may request technical assistance and training1 including by detailing a sufficient number of employees from the ,department of ,housing and ,urban ,development1 from the ,secretary to work directly with the subgrantee in order to become an eligible subgrantee for purposes of paragraph 7#a74 7#c7 ,transfer of plan ,a subgrantee described in paragraph 7#a7 may transfer and adopt a community development plan described in section #ajd7m7 that has been previously approved by the ,secretary4 7#d7 ,technical assistance ,upon request of a subgrantee described in paragraph 7#a71 the ,secretary may provide additional technical assistance to the subgrantee to assist the subgrantee in administering and expediting the delivery of funds1 including by detailing an employee of the ,department of ,housing and ,urban ,development to work with the subgrantee4 7#e7 ,notice ,a subgrantee described in paragraph 7#a7 shall notify the covered grantee of its intent to become a subgrantee4 7#f7 ,assuming duties of subgrantee ,if a subgrantee described in paragraph 7#a7 fails to expend funds in a reasonable timeframe1 the ,secretary or the covered grantee may assume the duties of the subgrantee to administer recovery funding1 provided that the subgrantee is given adequate notice and an opportunity to remedy the slow expenditure of funds4 7#g7 ,community recovery support systems 7,a7 ,in general ,at the request of any covered grantee or any subgrantee described in paragraph 7#a71 the ,secretary shall designate and deploy community recovery support teams to provide the technical assistance and capacity building described in paragraph 7#b74 7,b7 ,composition ,each community recovery support team deployed under subparagraph 7,a7 shall consist of employees of the regional offices of the ,department of ,housing and ,urban ,development with expertise in disaster relief assistance provided under this title4 7,c7 ,training ,the ,secretary may provide additional employee training as needed to fulfill the requirements of this paragraph4 7#h7 ,regulations ,the ,secretary shall promulgate regulations to carry out this subsection4 #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 7#a7 ,in general ,there are authorized to be appropriated to the ,fund such sums as may be necessary to carry out the activities authorized under this ,act1 to remain available until expended1 except that not more than #ej1jjj1jjj is authorized to be appropriated for the first fiscal year beginning after the date that is #a year after the date of enactment of this section1 and each fiscal year thereafter4 7#b7 ,transfer ,amounts made available through section #ajf7;c77#d7 by actions taken under section #ajd7;e7 or #aaa may be transferred to the ,fund1 to remain available until expended4 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 ,proposed rules ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall issue proposed rules 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 section1 and shall provide a #ij-;day period for submission of public comments on those proposed rules4 7#b7 ,final rules ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall issue final 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 #c4 ,,gao report ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the hazard mitigation grant program authorized under section #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7 7in this section referred to as the program71 which shall include-- 7#a7 an assessment of the utilization of the program for acquisition of flood-prone properties for hazard mitigation1 including an analysis of the average length of time between the initial disaster and completion of the property acquisition2 7#b7 an assessment of the ability of the program to reduce exposure of ,federal funds in future natural disasters2 7#c7 an assessment of how funds are tracked and monitored by the ,federal ,emergency ,management ,agency2 7#d7 recommendations on how to streamline the program to enhance resilience1 expedite delivery of funds to program recipients1 and increase transparency and accountability of the program2 and 7#e7 an assessment of the potential to leverage private industry expertise in expediting property acquisitions4 #d4 ,hazard mitigation grant program application approvals ,section #djd7;c77#c7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7c77#c77 is amended by inserting not later than #fj days after the date on which the application is submitted before the period at the end4