,,ii #aagth ,,congress #ast ,session ,s4 #bdga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bf1 #bjba ,mr4 ,schatz 7for himself1 ,ms4 ,collins1 ,mr4 ,young1 ,mr4 ,leahy1 ,mr4 ,cassidy1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to establish a community disaster assistance fund for housing and community development and to authorize the ,secretary of ,housing and ,urban ,development to provide1 from the fund1 assistance through 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 ,act4 #b4 ,findings ,congress finds that-- 7#a7 following a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 the subset of communities that are most impacted and distressed as a result of the disaster face critical social1 economic1 and environmental obstacles to recovery1 including insufficient public and private resources to address disaster-related housing and community development needs for lower income households and distressed communities2 7#b7 unmet disaster recovery needs1 including housing assistance needs1 can be especially widespread among persons with extremely low1 low1 and moderate incomes2 7#c7 economic1 social1 and housing hardships that affect communities before disasters are exacerbated during crises and can delay and complicate long-term recovery1 especially after catastrophic major disasters2 7#d7 ,states1 units of local government1 and ,indian ,tribes within the most impacted and distressed areas resulting from major disasters benefit from flexibility to design programs that meet local needs1 but face inadequate financial1 technical1 and staffing capacity to plan and carry out sustained recovery1 restoration1 and mitigation activities2 7#e7 the speed and effectiveness considerations of long-term recovery from catastrophic major disasters is improved by predictable investments that support disaster relief1 long-term recovery1 restoration of housing and infrastructure1 and economic revitalization1 primarily for the benefit of low- and moderate-income persons2 7#f7 undertaking activities that mitigate the effects of future natural disasters and extreme weather and increase the stock of affordable housing1 including affordable rental housing1 as part of long-term recovery can significantly reduce future fiscal and social costs1 especially within high-risk areas1 and can help to address outstanding housing and community development needs by creating jobs and providing other economic and social benefits within communities that further promote recovery and resilience2 and 7#g7 the general welfare and security of the nation and the health and living standards of its people require targeted resources to support ,state and local governments in carrying out their responsibilities in disaster recovery and mitigation through interim and long-term housing and community development activities that primarily benefit persons of low and moderate income4 #c4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,housing and ,urban ,development4 7#b7 ,fund ,the term ,fund means the ,long-,term ,disaster ,recovery ,fund established under section #e4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #d4 ,duties of the ,department of ,housing and ,urban ,development 7a7 ,in general ,the offices and officers of the ,department shall be responsible for-- 7#a7 leading and coordinating the disaster-related responsibilities of the ,department under the ,national ,response ,framework1 the ,national ,disaster ,recovery ,framework1 and the ,national ,mitigation ,framework2 7#b7 coordinating and administering programs1 policies1 and activities of the ,department related to disaster relief1 long-term recovery1 resiliency1 and mitigation1 including disaster recovery assistance under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq472 7#c7 supporting disaster-impacted communities as those communities specifically assess1 plan for1 and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced1 especially among vulnerable populations and extremely low-1 low-1 and moderate-income households2 7#d7 collaborating with the ,federal ,emergency ,management ,agency1 the ,small ,business ,administration1 and across the ,department to align disaster-related regulations and policies1 including incorporation of consensus-based codes and standards and insurance purchase requirements1 and ensuring coordination and reducing duplication among other ,federal disaster recovery programs2 7#e7 promoting best practices in mitigation and land use planning1 including consideration of traditional1 natural1 and nature-based infrastructure alternatives2 7#f7 coordinating technical assistance1 including mitigation1 resiliency1 and recovery training and information on all relevant legal and regulatory requirements1 to entities that receive disaster recovery assistance under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 that demonstrate capacity constraints2 and 7#g7 supporting ,state1 ,tribal1 and local governments in developing1 coordinating1 and maintaining their capacity for disaster resilience and recovery1 and developing pre-disaster recovery and hazard mitigation plans1 in coordination with the ,federal ,emergency ,management ,agency and other ,federal agencies4 7b7 ,establishment of the ,office of ,disaster ,management and ,resiliency ,section #d of the ,department of ,housing and ,urban ,development ,act 7#db ,u4,s4,c4 #cecc7 is amended by adding at the end the following3 7i7 ,office of ,disaster ,management and ,resiliency 7#a7 ,establishment ,there is established1 in the ,office of the ,secretary1 the ,office of ,disaster ,management and ,resiliency4 7#b7 ,duties ,the ,office of ,disaster ,management and ,resiliency shall-- 7,a7 be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities2 and 7,b7 coordinate with the ,federal ,emergency ,management ,agency1 the ,small ,business ,administration1 and the ,office of ,community ,planning and ,development and other offices of the ,department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities4 4 #e4 ,long-,term ,disaster ,recovery ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states an account to be known as the ,long-,term ,disaster ,recovery ,fund4 7b7 ,deposits1 transfers1 and credit 7#a7 ,in general ,the ,fund shall consist of amounts appropriated1 transferred1 and credited to the ,fund4 7#b7 ,transfers ,the following may be transferred to the ,fund3 7,a7 ,amounts made available through section #ajf7;c77#d7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;c77#d77 as a result of actions taken under section #ajd7;e71 #aaa1 or #abc7;j7 of such ,act4 7,b7 ,any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading ,community ,development ,fund in any ,act prior to the establishment of the ,fund4 7#c7 ,use of transferred amounts ,amounts transferred to the ,fund shall be used for the eligible uses described in subsection 7c74 7c7 ,eligible uses of fund 7#a7 ,in general ,amounts in the ,fund shall be available-- 7,a7 to provide assistance in the form of grants under section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by section #f2 and 7,b7 for activities of the ,department that support the provision of such assistance1 including necessary salaries and expenses1 information technology1 capacity building and technical assistance 7including assistance related to pre-disaster planning71 and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster4 7#b7 ,set aside ,of each amount appropriated for or transferred to the ,fund1 #b percent shall be made available for activities described in paragraph 7#a77;,b71 which shall be in addition to other amounts made available for those activities4 7#c7 ,transfer of funds ,amounts made available for use in accordance with paragraph 7#b7-- 7,a7 may be transferred to the account under the heading for ,program ,offices--,community ,planning and ,development1 or any successor account1 for the ,department to carry out activities described in paragraph 7#a77;,b72 and 7,b7 may be used for the activities described in paragraph 7#a77;,b7 and for the administrative costs of administering any funds appropriated to the ,department under the heading ,community ,planning and ,development--,community ,development ,fund for any major disaster declared under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 in any ,act before the establishment of the ,fund4 7d7 ,interchangeability of prior administrative amounts ,any amounts appropriated in any ,act prior to the establishment of the ,fund and transferred to the account under the heading ,program ,offices ,salaries and ,expenses--,community ,planning and ,development1 or any predecessor account1 for the ,department for the costs of administering funds appropriated to the ,department under the heading ,community ,planning and ,development--,community ,development ,fund for any major disaster declared under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 shall be available for the costs of administering any such funds provided by any prior or future ,act1 notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations ,acts4 7e7 ,availability of amounts ,amounts appropriated1 transferred and credited to the ,fund shall remain available until expended4 7f7 ,formula allocation ,use of amounts in the ,fund for grants shall be made by formula allocation in accordance with the requirements of section #abc7;a7 of the ,housing and ,community ,development ,act of #aigd1 as added by section #f4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,fund such sums as may be necessary to respond to current or future major disasters declared under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagi7 for grants under section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by section #f4 #f4 ,establishment of ,,cdbg disaster recovery program ,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 #ajb7;a7 7#db ,u4,s4,c4 #ecjb7;a77-- 7,a7 in paragraph 7#bj7-- 7i7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7ii7 in subparagraph 7,c71 as so redesignated1 by inserting or 7,b7 after subparagraph 7,a72 and 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 ,the term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the ,secretary under section #c7;b77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#b77;,c771 except that the ,secretary may provide alternative definitions for the ,commonwealth of ,puerto ,rico1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 and ,american ,samoa4 2 and 7,b7 by adding at the end the following3 7#be7 ,the term major disaster has the meaning given the term in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 2 7#b7 in section #ajf7;c77#d7 7#db ,u4,s4,c4 #ecjf7;c77#d77-- 7,a7 in subparagraph 7,a7-- 7i7 by striking declared by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 7ii7 inserting ,states for use in nonentitlement areas and to before metropolitan cities2 and 7iii7 inserting major after affected by the2 7,b7 in subparagraph 7,c7-- 7i7 by striking metropolitan city or and inserting ,state1 metropolitan city1 or2 7ii7 by striking city or county and inserting ,state1 city1 or county2 and 7iii7 by inserting major before disaster2 7,c7 in subparagraph 7,d71 by striking metropolitan cities and and inserting ,states1 metropolitan cities1 and2 7,d7 in subparagraph 7,f7-- 7i7 by striking metropolitan city or and inserting ,state1 metropolitan city1 or2 and 7ii7 by inserting major before disaster2 and 7,e7 in subparagraph 7,g71 by striking metropolitan city or and inserting ,state1 metropolitan city1 or2 and 7#c7 in section #abb 7#db ,u4,s4,c4 #ecba71 by striking disaster under title ,,iv of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act and inserting major disaster2 and 7#d7 by adding at the end the following3 #abc4 ,community development block grant disaster recovery program 7a7 ,authorization1 formula1 and allocation 7#a7 ,authorization ,the ,secretary is authorized to make community development block grant disaster recovery grants from the ,long-,term ,disaster ,recovery ,fund established under section #e of the ,reforming ,disaster ,recovery ,act 7hereinafter referred to as the ,fund7 for necessary expenses for activities authorized under subsection 7f77#a7 related to disaster relief1 long-term recovery1 restoration of housing and infrastructure1 economic revitalization1 and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster4 7#b7 ,grant awards ,grants shall be awarded under this section to ,states1 units of general local government1 and ,indian tribes based on capacity and the concentration of damage1 as determined by the ,secretary1 to support the efficient and effective administration of funds4 7#c7 ,section #ajf allocations ,grants under this section shall not be considered relevant to the formula allocations made pursuant to section #ajf4 7#d7 ,federal register notice 7,a7 ,in general ,not later than #cj days after the date of enactment of this section1 the ,secretary shall issue a notice in the ,federal ,register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing1 economic revitalization1 and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster4 7,b7 ,public comment ,in the notice issued under subparagraph 7,a71 the ,secretary shall solicit public comments on-- 7i7 the methodologies described in subparagraph 7,a7 and seek alternative methods for formula allocation within a similar total amount of funding2 7ii7 the impact of formula methodologies on rural areas and ,tribal areas2 7iii7 adjustments to improve targeting to the most serious needs2 7iv7 objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds2 and 7v7 research and data to inform an additional amount to be provided for mitigation depending on type of disaster1 which shall be no more than #cj percent of the total estimate of unmet needs4 7#e7 ,regulations 7,a7 ,in general ,the ,secretary shall1 by regulation1 establish a formula to allocate assistance from the ,fund to the most impacted and distressed areas resulting from a catastrophic major disaster4 7,b7 ,formula requirements ,the formula established under subparagraph 7,a7 shall-- 7i7 set forth criteria to determine that a major disaster is catastrophic1 which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual1 ,state1 ,tribal1 and local resources could not reasonably be expected to address without additional ,federal assistance1 or other nationally encompassing data that the ,secretary determines are adequate to assess relative impact and distress across geographic areas2 7ii7 include a methodology for identifying most impacted and distressed areas1 which shall consider unmet serious needs related to housing1 economic revitalization1 and infrastructure2 7iii7 include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to #cj percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area1 primarily for the benefit of low- and moderate-income persons1 with particular focus on activities that reduce repetitive loss of property and critical infrastructure2 and 7iv7 establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data4 7,c7 ,minimum allocation threshold ,the ,secretary shall1 by regulation1 establish a minimum allocation threshold4 7,d7 ,interim allocation ,until such time that the ,secretary issues final regulations under this paragraph1 the ,secretary shall-- 7i7 allocate assistance from the ,fund using the formula allocation methodology published in accordance with paragraph 7#d72 and 7ii7 include an additional amount for mitigation equal to #ae percent of the total estimate of unmet need4 7#f7 ,allocation of funds 7,a7 ,in general ,the ,secretary shall-- 7i7 except as provided in clause 7ii71 not later than #ij days after the ,president declares a major disaster1 use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula in paragraph 7#d7 or 7#e71 unless data is insufficient to make this determination2 and 7ii7 if the best available data is insufficient to make the determination required under clause 7i7 within the #ij-;day period described in that clause1 the ,secretary shall determine whether the major disaster qualifies when sufficient data becomes available1 but in no case shall the ,secretary make the determination later than #abj days after the declaration of the major disaster4 7,b7 ,announcement of allocation ,if amounts are available in the ,fund at the time the ,secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula in paragraph 7#d7 or 7#e71 the ,secretary shall immediately announce an allocation for a grant under this section4 7,c7 ,additional amounts ,if additional amounts are appropriated to the ,fund after amounts are allocated under subparagraph 7,b71 the ,secretary shall announce an allocation or additional allocation 7if a prior allocation under subparagraph 7,b7 was less than the formula calculation7 within #ae days of any such appropriation4 7#g7 ,preliminary funding 7,a7 ,in general ,to speed recovery1 the ,secretary is authorized to allocate and award preliminary grants from the ,fund before making a determination under paragraph 7#f7 if the ,secretary projects1 based on a preliminary assessment of impact and distress1 that a major disaster is catastrophic and would likely qualify for funding under the formula in paragraph 7#d7 or 7#e74 7,b7 ,amount 7i7 ,maximum ,the ,secretary may award preliminary funding under subparagraph 7,a7 in an amount that is not more than #e1jjj1jjj4 7ii7 ,sliding scale ,the ,secretary shall1 by regulation1 establish a sliding scale for preliminary funding awarded under subparagraph 7,a7 based on the size of the preliminary assessment of impact and distress4 7,c7 ,use of funds ,the uses of preliminary funding awarded under subparagraph 7,a7 shall be limited to eligible activities that-- 7i7 in the determination of the ,secretary1 will support faster recovery1 improve the ability of the grantee to assess unmet recovery needs1 plan for the prevention of improper payments1 and reduce fraud1 waste1 and abuse2 and 7ii7 may include evaluating the interim housing1 permanent housing1 and supportive service needs of the disaster impacted community1 with special attention to vulnerable populations1 such as homeless and low- to moderate-income households1 to inform the grantee action plan required under subsection 7c74 7,d7 ,consideration of funding ,preliminary funding awarded under subparagraph 7,a7-- 7i7 is not subject to the certification requirements of paragraph 7h77#a72 and 7ii7 shall not be considered when calculating the amount of the grant used for administrative costs1 technical assistance1 and planning activities that are subject to the requirements under subsection 7f77#b74 7,e7 ,waiver ,to expedite the use of preliminary funding for activities described in this paragraph1 the ,secretary may waive requirements of this section in accordance with subsection 7i74 7,f7 ,amended award 7i7 ,in general ,an award for preliminary funding under subparagraph 7,a7 may be amended to add any subsequent amount awarded because of a determination by the ,secretary that a major disaster is catastrophic and qualifies for assistance under the formula4 7ii7 ,applicability ,notwithstanding subparagraph 7,d71 amounts provided by an amendment under clause 7i7 are subject to the requirements under subsections 7h77#a7 and 7f77#a7 and other requirements on grant funds under this section4 7,g7 ,technical assistance ,concurrent with the allocation of any preliminary funding awarded under this paragraph1 the ,secretary shall assign or provide technical assistance to the recipient of the grant4 7b7 ,interchangeability ,the ,secretary-- 7#a7 is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph 7#d7 or 7#e7 of subsection 7a72 and 7#b7 shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph 7#a74 7c7 ,grantee plans 7#a7 ,requirement ,not later than #ij days after the date on which the ,secretary announces a grant allocation under this section1 unless an extension is granted by the ,secretary1 the grantee shall submit to the ,secretary a plan for approval describing-- 7,a7 the activities the grantee will carry out with the grant under this section2 7,b7 the criteria of the grantee for awarding assistance and selecting activities2 7,c7 how the use of the grant under this section will address disaster relief1 long-term recovery1 restoration of housing and infrastructure1 economic revitalization1 and mitigation in the most impacted and distressed areas2 7,d7 how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the ,federal ,emergency ,management ,agency under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe72 7,e7 the estimated amount proposed to be used for activities that will benefit persons of low and moderate income2 7,f7 how the use of grant funds will repair and replace existing housing stock for vulnerable populations1 including low- to moderate-income households2 7,g7 how the grantee will address the priorities described in paragraph 7#e72 7,h7 how uses of funds are proportional to unmet needs1 as required under paragraph 7#e72 7,i7 for ,state grantees that plan to distribute grant amounts to units of general local government1 a description of the method of distribution2 and 7,j7 such other information as may be determined by the ,secretary in regulation4 7#b7 ,public consultation ,to permit public examination and appraisal of the plan described in paragraph 7#a71 to enhance the public accountability of grantees1 and to facilitate coordination of activities with different levels of government1 when developing the plan or substantial amendments proposed to the plan required under paragraph 7#a71 a grantee shall-- 7,a7 publish the plan before adoption2 7,b7 provide citizens1 affected units of general local government1 and other interested parties with reasonable notice of1 and opportunity to comment on1 the plan1 with a public comment period of not less than #ad days2 7,c7 consider comments received before submission to the ,secretary2 7,d7 follow a citizen participation plan for disaster assistance adopted by the grantee that1 at a minimum1 provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the ,secretary2 and 7,e7 undertake any consultation with interested parties as may be determined by the ,secretary in regulation4 7#c7 ,approval ,the ,secretary shall-- 7,a7 by regulation1 specify criteria for the approval1 partial approval1 or disapproval of a plan submitted under paragraph 7#a71 including approval of substantial amendments to the plan2 7,b7 review a plan submitted under paragraph 7#a7 upon receipt of the plan2 7,c7 allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph 7#a7 that the ,secretary disapproves2 7,d7 by regulation1 specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph 7#a7 for public comment prior to resubmission of the plan or substantial amendment to the ,secretary2 and 7,e7 approve1 partially approve1 or disapprove a plan or substantial amendment under paragraph 7#a7 not later than #fj days after the date on which the plan or substantial amendment is received by the ,secretary4 7#d7 ,low- and moderate-income overall benefit 7,a7 ,use of funds ,not less than #gj percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the ,secretary-- 7i7 specifically finds that-- 7,i7 there is compelling need to reduce the percentage for the grant2 and 7,,ii7 the housing needs of low- and moderate-income residents have been addressed2 and 7ii7 issues a waiver and alternative requirements pursuant to subsection 7i7 to lower the percentage4 7,b7 ,regulations ,the ,secretary shall1 by regulation1 establish protocols consistent with the findings of section #b of the ,reforming ,disaster ,recovery ,act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income4 7#e7 ,prioritization ,the grantee shall prioritize activities that-- 7,a7 assist persons with extremely low1 low1 and moderate incomes and other vulnerable populations to better recover from and withstand future disasters1 emphasizing those with the most severe needs2 7,b7 address affordable housing1 including affordable rental housing1 needs arising from a disaster or those needs present prior to a disaster2 7,c7 prolong the life of housing and infrastructure2 7,d7 use cost-effective means of preventing harm to people and property and incorporate protective features1 redundancies1 energy savings2 and 7,e7 other measures that will assure the continuation of critical services during future disasters4 7#f7 ,proportional allocation 7,a7 ,in general ,a grantee under this section shall allocate grant funds proportional to unmet needs between housing activities1 economic revitalization1 and infrastructure1 unless the ,secretary-- 7i7 specifically finds that-- 7,i7 there is a compelling need for a disproportional allocation among those unmet needs2 and 7,,ii7 the disproportional allocation described in subclause 7,i7 is not inconsistent with the requirements under paragraph 7#d72 and 7ii7 issues a waiver and alternative requirement pursuant to subsection 7i7 to allow for the disproportional allocation described in clause 7i77,i74 7,b7 ,housing activities ,with respect to housing activities described in subparagraph 7,a77i71 grantees should address proportional needs between homeowners and renters1 including low-income households in public housing and federally subsidized housing4 7#g7 ,disaster risk mitigation 7,a7 ,definition ,in this paragraph1 the term hazard-prone areas-- 7i7 means areas identified by the ,secretary1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 at risk from natural hazards that threaten property damage or health1 safety1 and welfare1 such as floods1 wildfires 7including ,wildland-,urban ,interface areas71 earthquakes1 lava inundation1 tornados1 and high winds2 and 7ii7 includes areas having special flood hazards as identified under the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djjb et seq47 or the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq474 7,b7 ,hazard-prone areas ,the ,secretary1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 shall establish minimum construction standards1 insurance purchase requirements1 and other requirements for the use of grant funds in hazard-prone areas4 7,c7 ,special flood hazards ,for the areas described in subparagraph 7,a77ii71 the insurance purchase requirements established under subparagraph 7,b7 shall meet or exceed the requirements under section #ajb7;a7 of the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djab;a7a774 7,d7 ,consideration of future risks ,the ,secretary may consider future risks to protecting property and health1 safety1 and general welfare1 and the likelihood of those risks1 when making the determination of or modification to hazard-prone areas under this paragraph4 7#h7 ,relocation 7,a7 ,in general ,the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq47 shall apply to activities assisted under this section to the extent determined by the ,secretary in regulation1 or as provided in waivers and alternative requirements authorized in accordance with subsection 7i74 7,b7 ,policy ,each grantee under this section shall establish a relocation assistance policy that-- 7i7 minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition1 rehabilitation1 or demolition in connection with an activity that is assisted by a grant under this section2 and 7ii7 includes any appeal rights or other requirements that the ,secretary establishes by regulation4 7d7 ,certifications ,any grant under this section shall be made only if the grantee certifies to the satisfaction of the ,secretary that-- 7#a7 the grantee is in full compliance with the requirements under subsection 7c77#b72 7#b7 for grants other than grants to ,indian tribes1 the grant will be conducted and administered in conformity with the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq47 and the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq472 7#c7 the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-1 low-1 and moderate-income families and activities described in subsection 7c77#e71 and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery1 meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs1 and alleviate future threats to human populations1 critical natural resources1 and property that an analysis of hazards shows are likely to result from natural disasters in the future2 7#d7 the grant funds shall principally benefit persons of low and moderate income as described in subsection 7c77#d72 7#e7 for grants other than grants to ,indian tribes1 within #bd months of receiving a grant or at the time of its #c- or #e-year update1 whichever is sooner1 the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections 7c7 and 7m7 of section #ajd to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection 7c77#a72 7#f7 the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income1 including any fee charged or assessment made as a condition of obtaining access to such public improvements1 unless-- 7,a7 funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter2 or 7,b7 for purposes of assessing any amount against properties owned and occupied by persons of moderate income1 the grantee certifies to the ,secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph 7,a72 7#g7 the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws2 7#h7 the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the ,secretary2 and 7#i7 the grantee will adhere to construction standards1 insurance purchase requirements1 and other requirements for development in hazard-prone areas described in subsection 7c77#g74 7e7 ,performance reviews and reporting 7#a7 ,in general ,the ,secretary shall1 on not less frequently than an annual basis1 make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has-- 7,a7 carried out activities using grant funds in a timely manner2 7,b7 met the performance targets established by paragraph 7#b72 7,c7 carried out activities using grant funds in accordance with the requirements of this section1 the other provisions of this title that apply to assistance under this section1 and other applicable laws2 and 7,d7 a continuing capacity to carry out activities in a timely manner4 7#b7 ,performance targets ,the ,secretary shall develop and make publicly available critical performance targets for review1 which shall include spending thresholds for each year from the date on which funds are obligated by the ,secretary to the grantee until such time all funds have been expended4 7#c7 ,failure to meet targets 7,a7 ,suspension ,if a grantee under this section fails to meet #a or more critical performance targets under paragraph 7#b71 the ,secretary may temporarily suspend the grant4 7,b7 ,performance improvement plan ,if the ,secretary suspends a grant under subparagraph 7,a71 the ,secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period4 7,c7 ,report ,if a grantee fails to meet the spending thresholds established under paragraph 7#b71 the grantee shall submit to the ,secretary1 the appropriate committees of ,congress1 and each member of ,congress who represents a district or ,state of the grantee a written report identifying technical capacity1 funding1 or other ,federal or ,state impediments affecting the ability of the grantee to meet the spending thresholds4 7#d7 ,collection of information and reporting 7,a7 ,requirement to report ,a grantee under this section shall provide to the ,secretary such information as the ,secretary may determine necessary for adequate oversight of the grant program under this section4 7,b7 ,public availability ,subject to subparagraph 7,d71 the ,secretary shall make information submitted under subparagraph 7,a7 available to the public and to the ,inspector ,general for the ,department of ,housing and ,urban ,development1 disaggregated by income1 geography1 and all classes of individuals protected under section #aji4 7,c7 ,summary status reports ,to increase transparency and accountability of the grant program under this section the ,secretary shall1 on not less frequently than an annual basis1 post on a public facing dashboard summary status reports for all active grants under this section that includes-- 7i7 the status of funds by activity2 7ii7 the percentages of funds allocated and expended to benefit low- and moderate-income communities2 7iii7 performance targets1 spending thresholds1 and accomplishments2 and 7iv7 other information the ,secretary determines to be relevant for transparency4 7,d7 ,considerations ,in carrying out this paragraph1 the ,secretary-- 7i7 shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available2 and 7ii7 may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections4 7f7 ,eligible activities 7#a7 ,in general ,activities assisted under this section-- 7,a7 may include activities permitted under section #aje or other activities permitted by the ,secretary by waiver or alternative requirement pursuant to subsection 7i72 and 7,b7 shall be related to disaster relief1 long-term recovery1 restoration of housing and infrastructure1 economic revitalization1 and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded4 7#b7 ,prohibition ,grant funds under this section may not be used for costs reimbursable by1 or for which funds have been made available by1 the ,federal ,emergency ,management ,agency or the ,united ,states ,army ,corps of ,engineers4 7#c7 ,administrative costs1 technical assistance and planning 7,a7 ,in general ,the ,secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs1 technical assistance and planning activities1 taking into consideration size of grant1 complexity of recovery1 and other factors as determined by the ,secretary1 but not to exceed #aj percent for administration and #bj percent in total4 7,b7 ,availability ,amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section1 without regard to a particular disaster4 7#d7 ,program income ,notwithstanding any other provision of law1 any grantee under this section may retain program income that is realized from grants made by the ,secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section1 except that the ,secretary may-- 7,a7 by regulation1 exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee2 or 7,b7 permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant4 7#e7 ,prohibition on use of assistance for employment relocation activities 7,a7 ,in general ,grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant1 facility1 or operation1 from one area to another area1 if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs4 7,b7 ,applicability ,the prohibition under subparagraph 7,a7 shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved1 in whole or in part1 from the affected area to another ,state or to a labor market area within the same ,state to continue business4 7#f7 ,requirements ,grants under this section are subject to the requirements of this section1 the other provisions of this title that apply to assistance under this section1 and other applicable laws1 unless modified by waivers and alternative requirements in accordance with subsection 7i74 7g7 ,environmental review 7#a7 ,adoption ,a recipient of funds provided under this section that uses 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 ,approval of release of funds ,notwithstanding section #ajd7;g77#b71 the ,secretary or a ,state may1 upon receipt of a request for release of funds and certification1 immediately approve the release of funds for an activity or project to be assisted 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 7#c7 ,units of general local government ,the provisions of section #ajd7;g77#d7 shall apply to assistance under this section that a ,state distributes to a unit of general local government4 7h7 ,financial controls and procedures 7#a7 ,in general ,the ,secretary shall develop requirements and procedures to demonstrate that a grantee under this section-- 7,a7 has adequate financial controls and procurement processes2 7,b7 has adequate procedures to detect and prevent fraud1 waste1 abuse and duplication of benefit2 and 7,c7 maintains a comprehensive and publicly accessible website4 7#b7 ,certification ,before making a grant under this section1 the ,secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph 7#a71 as determined by the ,secretary4 7#c7 ,compliance before allocation ,the ,secretary may permit a ,state1 unit of general local government1 or ,indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph 7#a7 before a disaster occurs and before receiving an allocation for a grant under this section4 7#d7 ,duplication of benefits 7,a7 ,in general ,funds made available under this subsection shall be used in accordance with section #cab of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaee71 as amended by section #abaj of the ,disaster ,recovery ,reform ,act of #bjah 7division ,d of ,public ,law #aae-bed71 and such rules as may be prescribed under such section #cab4 7,b7 ,penalties ,in any case in which the use of grant funds under this section results in a prohibited duplication of benefits1 the grantee shall-- 7i7 apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual1 immediate cash requirement2 7ii7 remit any excess amounts to the ,secretary to be credited to the obligated1 undisbursed balance of the grant consistent with requirements on ,federal payments applicable to such grantee2 and 7iii7 if excess amounts under clause 7ii7 are identified after the period of performance or after the closeout of the award1 remit such amounts to the ,secretary to be credited to the ,fund4 7,c7 ,failure to comply ,a grantee that fails to comply with subparagraph 7,a7 shall be subject to remedies for noncompliance under section #aaa1 unless the ,secretary publishes a determination in the ,federal ,register that it is not in the best interest of the ,federal ,government to pursue remedial actions4 7i7 ,waivers 7#a7 ,in general ,in administering grants 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 grantee of those funds 7except for requirements related to fair housing1 nondiscrimination1 labor standards1 the environment1 and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement71 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 findings in section #b of the ,reforming ,disaster ,recovery ,act4 7#b7 ,effective date ,a waiver or alternative requirement described in paragraph 7#a7 shall not take effect before the date that is #e days after the date of publication of the waiver or alternative requirement on the website of the ,department of ,housing and ,urban ,development or the effective date for any regulation published in the ,federal ,register4 7#c7 ,public notification ,the ,secretary shall notify the public of all waivers described in paragraph 7#a7 in accordance with the requirements of section #g7q77#c7 of the ,department of ,housing and ,urban ,development ,act 7#db ,u4,s4,c4 #cece7q77#c774 7j7 ,unused amounts 7#a7 ,deadline to use amounts ,a grantee under this section shall use an amount equal to the grant within #f years beginning on the date on which the ,secretary obligates the amounts to the grantee1 as such period may be extended under paragraph 7#d74 7#b7 ,recapture ,the ,secretary shall recapture and credit to the ,fund any amount that is unused by a grantee under this section upon the earlier of-- 7,a7 the date on which the grantee notifies the ,secretary that the grantee has completed all activities identified in the disaster grantee's plan under subsection 7c72 or 7,b7 the expiration of the #f-year period described in paragraph 7#a71 as such period may be extended under paragraph 7#d74 7#c7 ,retention of funds ,notwithstanding paragraph 7#a71 the ,secretary may allow a grantee under this section to retain-- 7,a7 amounts needed to close out grants2 and 7,b7 up to #aj percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning4 7#d7 ,extension of period for use of funds ,the ,secretary may extend the #f-year period described in paragraph 7#a7 by not more than #d years1 or not more than #f years for mitigation activities1 if-- 7,a7 the grantee submits to the ,secretary-- 7i7 written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated2 or 7ii7 a justification that such request is necessary due to the nature and complexity of the program and projects2 and 7,b7 the ,secretary submits a written justification for the extension to the ,committees on ,appropriations of ,senate and the ,house of ,representatives that specifies the period of that extension4 4 #g4 ,regulations 7a7 ,proposed rules ,following consultation with the ,federal ,emergency ,management ,agency1 the ,small ,business ,administration1 and other ,federal agencies1 not later than #f months after the date of enactment of this ,act1 the ,secretary shall issue proposed rules to carry out this ,act and the amendments made by this ,act and shall provide a #ij-;day period for submission of public comments on those proposed rules4 7b7 ,final rules ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue final regulations to carry out section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by section #f4 #h4 ,coordination of disaster recovery assistance1 benefits1 and data with other ,federal agencies 7a7 ,coordination of disaster recovery assistance ,in order to ensure a comprehensive approach to ,federal disaster relief1 long-term recovery1 restoration of housing and infrastructure1 economic revitalization1 and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster1 the ,secretary shall coordinate with the ,federal ,emergency ,management ,agency1 to the greatest extent practicable1 in the implementation of assistance authorized under section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by section #f4 7b7 ,data sharing agreements ,to support the coordination of data to prevent duplication of benefits with other ,federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors1 the ,department shall establish data sharing agreements that safeguard privacy with relevant ,federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries1 while using effective means of preventing harm to people and property4 7c7 ,data transfer from ,,fema and ,,sba to ,,hud ,as permitted and deemed necessary for efficient program execution1 and consistent with a computer matching agreement entered into under subsection 7f77#a71 the ,administrator of the ,federal ,emergency ,management ,agency and the ,administrator of the ,small ,business ,administration shall provide data on disaster applicants to the ,department1 including1 when necessary1 personally identifiable information1 disaster recovery needs1 and resources determined eligible for1 and amounts expended1 to the ,secretary for all major disasters declared by the ,president pursuant to section #dja of ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits4 7d7 ,data transfers from ,,hud to ,,hud grantees ,the ,secretary is authorized to provide to grantees under section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by section #f1 offices of the ,department1 technical assistance providers1 and lenders information that in the determination of the ,secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster1 including information provided to the ,secretary by the ,administrator of the ,federal ,emergency ,management ,agency1 the ,administrator of the ,small ,business ,administration1 or other ,federal agencies4 7e7 ,data transfers from ,,hud grantees to ,,hud1 ,,fema1 and ,,sba 7#a7 ,reporting ,grantees under section #abc of the ,housing and ,community ,development ,act of #aigd1 as added by section #f1 shall report information requested by the ,secretary on households1 businesses1 and other entities assisted and the type of assistance provided4 7#b7 ,sharing information ,the ,secretary shall share information collected under paragraph 7#a7 with the ,federal ,emergency ,management ,agency1 the ,small ,business ,administration1 and other ,federal agencies to support the planning and delivery of disaster recovery and mitigation assistance4 7f7 ,privacy protection ,the ,secretary may make and receive data transfers authorized under this section1 including the use and retention of that data for computer matching programs1 to inform the provision of assistance1 assess disaster recovery needs1 and prevent the duplication of benefits and other waste1 fraud1 and abuse1 provided that-- 7#a7 the ,secretary enters a computer matching agreement with the ,administrator of the ,federal ,emergency ,management ,agency1 the ,administrator of the ,small ,business ,administration1 or other ,federal agencies covering the transfer of data2 7#b7 the ,secretary publishes intent to disclose data in the ,federal ,register2 7#c7 notwithstanding paragraphs 7#a7 and 7#b71 section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd71 or any other law1 the ,secretary is authorized to share data with an entity identified in subsection 7d71 and the entity is authorized to use the data as described in this section1 if the ,secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section1 which data sharing agreement shall-- 7,a7 in the determination of the ,secretary1 include measures adequate to safeguard the privacy and personally identifiable information of individuals2 and 7,b7 include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected1 which requires consultation with the ,secretary and the head of each ,federal agency the data of which is being shared subject to the agreement4