II 

117TH CONGRESS 

1ST SESSION S. 2471 

To establish a community disaster assistance fund for housing and community 

development and to authorize the Secretary of Housing and Urban Development to provide, from the fund, assistance through a community development block grant disaster recovery program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2021 

Mr. SCHATZ (for himself, Ms. COLLINS, Mr. YOUNG, Mr. LEAHY, Mr. CASSIDY, and Mr. WYDEN) introduced the following bill; which was read 

twice and referred to the Committee on Banking, Housing, 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 provide, 

from the fund, assistance through a community development block grant disaster recovery program, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reforming Disaster 

5 Recovery Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) following a major disaster declared by the 

4 President under section 401 of the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5170), the subset of communities that 

7 are most impacted and distressed as a result of the 

8 disaster face critical social, economic, and environ9 mental obstacles to recovery, including insufficient 

10 public and private resources to address disaster-re11 lated housing and community development needs for 

12 lower income households and distressed commu13 nities; 

14 (2) unmet disaster recovery needs, including 

15 housing assistance needs, can be especially wide16 spread among persons with extremely low, low, and 

17 moderate incomes; 

18 (3) economic, social, and housing hardships 

19 that affect communities before disasters are exacer20 bated during crises and can delay and complicate 

21 long-term recovery, especially after catastrophic 

22 major disasters; 

23 (4) States, units of local government, and In24 dian Tribes within the most impacted and distressed 

25 areas resulting from major disasters benefit from 

26 flexibility to design programs that meet local needs, 


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1 but face inadequate financial, technical, and staffing 

2 capacity to plan and carry out sustained recovery, 

3 restoration, and mitigation activities; 

4 (5) the speed and effectiveness considerations of 

5 long-term recovery from catastrophic major disasters 

6 is improved by predictable investments that support 

7 disaster relief, long-term recovery, restoration of 

8 housing and infrastructure, and economic revitaliza9 tion, primarily for the benefit of low- and moderate10 income persons; 

11 (6) undertaking activities that mitigate the ef12 fects of future natural disasters and extreme weath13 er and increase the stock of affordable housing, in14 cluding affordable rental housing, as part of long15 term recovery can significantly reduce future fiscal 

16 and social costs, especially within high-risk areas, 

17 and can help to address outstanding housing and 

18 community development needs by creating jobs and 

19 providing other economic and social benefits within 

20 communities that further promote recovery and resil21 ience; and 

22 (7) the general welfare and security of the na23 tion and the health and living standards of its people 

24 require targeted resources to support State and local 

25 governments in carrying out their responsibilities in 


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1 disaster recovery and mitigation through interim and 

2 long-term housing and community development ac3 tivities that primarily benefit persons of low and 

4 moderate income. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

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

8 means the Department of Housing and Urban De9 velopment. 

10 (2) FUND.—The term ‘‘Fund’’ means the 

11 Long-Term Disaster Recovery Fund established 

12 under section 5. 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Housing and Urban Development. 

15 SEC. 4. DUTIES OF THE DEPARTMENT OF HOUSING AND 

16 URBAN DEVELOPMENT. 

17 (a) IN GENERAL.—The offices and officers of the De18 partment shall be responsible for— 

19 (1) leading and coordinating the disaster-re20 lated responsibilities of the Department under the 

21 National Response Framework, the National Dis22 aster Recovery Framework, and the National Mitiga23 tion Framework; 

24 (2) coordinating and administering programs, 

25 policies, and activities of the Department related to 


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1 disaster relief, long-term recovery, resiliency, and 

2 mitigation, including disaster recovery assistance 

3 under title I of the Housing and Community Devel4 opment Act of 1974 (42 U.S.C. 5301 et seq.); 

5 (3) supporting disaster-impacted communities 

6 as those communities specifically assess, plan for, 

7 and address the housing stock and housing needs in 

8 the transition from emergency shelters and interim 

9 housing to permanent housing of those displaced, es10 pecially among vulnerable populations and extremely 

11 low-, low-, and moderate-income households; 

12 (4) collaborating with the Federal Emergency 

13 Management Agency, the Small Business Adminis14 tration, and across the Department to align disaster15 related regulations and policies, including incorpora16 tion of consensus-based codes and standards and in17 surance purchase requirements, and ensuring coordi18 nation and reducing duplication among other Fed19 eral disaster recovery programs; 

20 (5) promoting best practices in mitigation and 

21 land use planning, including consideration of tradi22 tional, natural, and nature-based infrastructure al23 ternatives; 

24 (6) coordinating technical assistance, including 

25 mitigation, resiliency, and recovery training and inVerDate Sep 11 2014 23:06 Aug 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2471.IS S2471

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1 formation on all relevant legal and regulatory re2 quirements, to entities that receive disaster recovery 

3 assistance under title I of the Housing and Commu4 nity Development Act of 1974 (42 U.S.C. 5301 et 

5 seq.) that demonstrate capacity constraints; and 

6 (7) supporting State, Tribal, and local govern7 ments in developing, coordinating, and maintaining 

8 their capacity for disaster resilience and recovery, 

9 and developing pre-disaster recovery and hazard 

10 mitigation plans, in coordination with the Federal 

11 Emergency Management Agency and other Federal 

12 agencies. 

13 (b) ESTABLISHMENT OF THE OFFICE OF DISASTER

14 MANAGEMENT AND RESILIENCY.—Section 4 of the De15 partment of Housing and Urban Development Act (42 

16 U.S.C. 3533) is amended by adding at the end the fol17 lowing: 

18 ‘‘(i) OFFICE OF DISASTER MANAGEMENT AND RE19 SILIENCY.— 

20 ‘‘(1) ESTABLISHMENT.—There is established, 

21 in the Office of the Secretary, the Office of Disaster 

22 Management and Resiliency. 

23 ‘‘(2) DUTIES.—The Office of Disaster Manage24 ment and Resiliency shall— 


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1 ‘‘(A) be responsible for oversight and co2 ordination of all departmental disaster pre3 paredness and response responsibilities; and 

4 ‘‘(B) coordinate with the Federal Emer5 gency Management Agency, the Small Business 

6 Administration, and the Office of Community 

7 Planning and Development and other offices of 

8 the Department in supporting recovery and re9 silience activities to provide a comprehensive 

10 approach in working with communities.’’. 

11 SEC. 5. LONG-TERM DISASTER RECOVERY FUND. 

12 (a) ESTABLISHMENT.—There is established in the 

13 Treasury of the United States an account to be known 

14 as the Long-Term Disaster Recovery Fund. 

15 (b) DEPOSITS, TRANSFERS, AND CREDIT.— 

16 (1) IN GENERAL.—The Fund shall consist of 

17 amounts appropriated, transferred, and credited to 

18 the Fund. 

19 (2) TRANSFERS.—The following may be trans20 ferred to the Fund: 

21 (A) Amounts made available through sec22 tion 106(c)(4) of the Housing and Community 

23 Development Act of 1974 (42 U.S.C. 

24 5306(c)(4)) as a result of actions taken under 

25 section 104(e), 111, or 123(j) of such Act. 


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1 (B) Any unobligated balances available 

2 until expended remaining or subsequently re3 captured from amounts appropriated for any 

4 disaster and related purposes under the heading 

5 ‘‘Community Development Fund’’ in any Act 

6 prior to the establishment of the Fund. 

7 (3) USE OF TRANSFERRED AMOUNTS.— 

8 Amounts transferred to the Fund shall be used for 

9 the eligible uses described in subsection (c). 

10 (c) ELIGIBLE USES OF FUND.— 

11 (1) IN GENERAL.—Amounts in the Fund shall 

12 be available— 

13 (A) to provide assistance in the form of 

14 grants under section 123 of the Housing and 

15 Community Development Act of 1974, as added 

16 by section 6; and 

17 (B) for activities of the Department that 

18 support the provision of such assistance, includ19 ing necessary salaries and expenses, informa20 tion technology, capacity building and technical 

21 assistance (including assistance related to pre22 disaster planning), and readiness and other pre23 disaster planning activities that are not readily 

24 attributable to a single major disaster. 


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1 (2) SET ASIDE.—Of each amount appropriated 

2 for or transferred to the Fund, 2 percent shall be 

3 made available for activities described in paragraph 

4 (1)(B), which shall be in addition to other amounts 

5 made available for those activities. 

6 (3) TRANSFER OF FUNDS.—Amounts made 

7 available for use in accordance with paragraph (2)— 

8 (A) may be transferred to the account 

9 under the heading for ‘‘Program Offices—Com10 munity Planning and Development’’, or any 

11 successor account, for the Department to carry 

12 out activities described in paragraph (1)(B); 

13 and 

14 (B) may be used for the activities de15 scribed in paragraph (1)(B) and for the admin16 istrative costs of administering any funds ap17 propriated to the Department under the head18 ing ‘‘Community Planning and Development— 

19 Community Development Fund’’ for any major 

20 disaster declared under section 401 of the Rob21 ert T. Stafford Disaster Relief and Emergency 

22 Assistance Act (42 U.S.C. 5170) in any Act be23 fore the establishment of the Fund. 

24 (d) INTERCHANGEABILITY OF PRIOR ADMINISTRA25 TIVE AMOUNTS.—Any amounts appropriated in any Act 


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1 prior to the establishment of the Fund and transferred 

2 to the account under the heading ‘‘Program Offices Sala3 ries and Expenses—Community Planning and Develop4 ment’’, or any predecessor account, for the Department 

5 for the costs of administering funds appropriated to the 

6 Department under the heading ‘‘Community Planning and 

7 Development—Community Development Fund’’ for any 

8 major disaster declared under section 401 of the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5170) shall be available for the costs of admin11 istering any such funds provided by any prior or future 

12 Act, notwithstanding the purposes for which those 

13 amounts were appropriated and in addition to any amount 

14 provided for the same purposes in other appropriations 

15 Acts. 

16 (e) AVAILABILITY OF AMOUNTS.—Amounts appro17 priated, transferred and credited to the Fund shall remain 

18 available until expended. 

19 (f) FORMULA ALLOCATION.—Use of amounts in the 

20 Fund for grants shall be made by formula allocation in 

21 accordance with the requirements of section 123(a) of the 

22 Housing and Community Development Act of 1974, as 

23 added by section 6. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Fund such sums 


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1 as may be necessary to respond to current or future major 

2 disasters declared under section 401 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5179) for grants under section 123 of the 

5 Housing and Community Development Act of 1974, as 

6 added by section 6. 

7 SEC. 6. ESTABLISHMENT OF CDBG DISASTER RECOVERY 

8 PROGRAM. 

9 Title I of the Housing and Community Development 

10 Act of 1974 (42 U.S.C. 5301 et seq.) is amended— 

11 (1) in section 102(a) (42 U.S.C. 5302(a))— 

12 (A) in paragraph (20)— 

13 (i) by redesignating subparagraph (B) 

14 as subparagraph (C); 

15 (ii) in subparagraph (C), as so redes16 ignated, by inserting ‘‘or (B)’’ after ‘‘sub17 paragraph (A)’’; and 

18 (iii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) The term ‘persons of extremely low 

21 income’ means families and individuals whose 

22 income levels do not exceed household income 

23 levels determined by the Secretary under sec24 tion 3(b)(2) of the United States Housing Act 

25 of 1937 (42 U.S.C. 1437a(b)(2)(C)), except 


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1 that the Secretary may provide alternative defi2 nitions for the Commonwealth of Puerto Rico, 

3 Guam, the Commonwealth of the Northern 

4 Mariana Islands, the United States Virgin Is5 lands, and American Samoa.’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(25) The term ‘major disaster’ has the mean8 ing given the term in section 102 of the Robert T. 

9 Stafford Disaster Relief and Emergency Assistance 

10 Act (42 U.S.C. 5122).’’; 

11 (2) in section 106(c)(4) (42 U.S.C. 

12 5306(c)(4))— 

13 (A) in subparagraph (A)— 

14 (i) by striking ‘‘declared by the Presi15 dent under the Robert T. Stafford Disaster 

16 Relief and Emergency Assistance Act’’; 

17 (ii) inserting ‘‘States for use in non18 entitlement areas and to’’ before ‘‘metro19 politan cities’’; and 

20 (iii) inserting ‘‘major’’ after ‘‘affected 

21 by the’’; 

22 (B) in subparagraph (C)— 

23 (i) by striking ‘‘metropolitan city or’’ 

24 and inserting ‘‘State, metropolitan city, 

25 or’’; 


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1 (ii) by striking ‘‘city or county’’ and 

2 inserting ‘‘State, city, or county’’; and 

3 (iii) by inserting ‘‘major’’ before ‘‘dis4 aster’’; 

5 (C) in subparagraph (D), by striking ‘‘met6 ropolitan cities and’’ and inserting ‘‘States, 

7 metropolitan cities, and’’; 

8 (D) in subparagraph (F)— 

9 (i) by striking ‘‘metropolitan city or’’ 

10 and inserting ‘‘State, metropolitan city, 

11 or’’; and 

12 (ii) by inserting ‘‘major’’ before ‘‘dis13 aster’’; and 

14 (E) in subparagraph (G), by striking ‘‘met15 ropolitan city or’’ and inserting ‘‘State, metro16 politan city, or’’; and 

17 (3) in section 122 (42 U.S.C. 5321), by striking 

18 ‘‘disaster under title IV of the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act’’ and 

20 inserting ‘‘major disaster’’; and 

21 (4) by adding at the end the following: 

22 ‘‘SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DIS23 ASTER RECOVERY PROGRAM. 

24 ‘‘(a) AUTHORIZATION, FORMULA, AND ALLOCA25 TION.— 


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1 ‘‘(1) AUTHORIZATION.—The Secretary is au2 thorized to make community development block 

3 grant disaster recovery grants from the Long-Term 

4 Disaster Recovery Fund established under section 5 

5 of the Reforming Disaster Recovery Act (hereinafter 

6 referred to as the ‘Fund’) for necessary expenses for 

7 activities authorized under subsection (f)(1) related 

8 to disaster relief, long-term recovery, restoration of 

9 housing and infrastructure, economic revitalization, 

10 and mitigation in the most impacted and distressed 

11 areas resulting from a catastrophic major disaster. 

12 ‘‘(2) GRANT AWARDS.—Grants shall be awarded 

13 under this section to States, units of general local 

14 government, and Indian tribes based on capacity and 

15 the concentration of damage, as determined by the 

16 Secretary, to support the efficient and effective ad17 ministration of funds. 

18 ‘‘(3) SECTION 106 ALLOCATIONS.—Grants 

19 under this section shall not be considered relevant to 

20 the formula allocations made pursuant to section 

21 106. 

22 ‘‘(4) FEDERAL REGISTER NOTICE.— 

23 ‘‘(A) IN GENERAL.—Not later than 30 

24 days after the date of enactment of this section, 

25 the Secretary shall issue a notice in the Federal 


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1 Register containing the latest formula allocation 

2 methodologies used to determine the total esti3 mate of unmet needs related to housing, eco4 nomic revitalization, and infrastructure in the 

5 most impacted and distressed areas resulting 

6 from a catastrophic major disaster. 

7 ‘‘(B) PUBLIC COMMENT.—In the notice 

8 issued under subparagraph (A), the Secretary 

9 shall solicit public comments on— 

10 ‘‘(i) the methodologies described in 

11 subparagraph (A) and seek alternative 

12 methods for formula allocation within a 

13 similar total amount of funding; 

14 ‘‘(ii) the impact of formula methodolo15 gies on rural areas and Tribal areas; 

16 ‘‘(iii) adjustments to improve tar17 geting to the most serious needs; 

18 ‘‘(iv) objective criteria for grantee ca19 pacity and concentration of damage to in20 form grantee determinations and minimum 

21 allocation thresholds; and 

22 ‘‘(v) research and data to inform an 

23 additional amount to be provided for miti24 gation depending on type of disaster, which 


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1 shall be no more than 30 percent of the 

2 total estimate of unmet needs. 

3 ‘‘(5) REGULATIONS.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall, 

5 by regulation, establish a formula to allocate as6 sistance from the Fund to the most impacted 

7 and distressed areas resulting from a cata8 strophic major disaster. 

9 ‘‘(B) FORMULA REQUIREMENTS.—The for10 mula established under subparagraph (A) 

11 shall— 

12 ‘‘(i) set forth criteria to determine 

13 that a major disaster is catastrophic, which 

14 criteria shall consider the presence of a 

15 high concentration of damaged housing or 

16 businesses that individual, State, Tribal, 

17 and local resources could not reasonably be 

18 expected to address without additional 

19 Federal assistance, or other nationally en20 compassing data that the Secretary deter21 mines are adequate to assess relative im22 pact and distress across geographic areas; 

23 ‘‘(ii) include a methodology for identi24 fying most impacted and distressed areas, 

25 which shall consider unmet serious needs 


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1 related to housing, economic revitalization, 

2 and infrastructure; 

3 ‘‘(iii) include an allocation calculation 

4 that considers the unmet serious needs re5 sulting from the catastrophic major dis6 aster and an additional amount up to 30 

7 percent for activities to reduce risks of loss 

8 resulting from other natural disasters in 

9 the most impacted and distressed area, pri10 marily for the benefit of low- and mod11 erate-income persons, with particular focus 

12 on activities that reduce repetitive loss of 

13 property and critical infrastructure; and 

14 ‘‘(iv) establish objective criteria for 

15 periodic review and updates to the formula 

16 to reflect changes in available science and 

17 data. 

18 ‘‘(C) MINIMUM ALLOCATION THRESH19 OLD.—The Secretary shall, by regulation, es20 tablish a minimum allocation threshold. 

21 ‘‘(D) INTERIM ALLOCATION.—Until such 

22 time that the Secretary issues final regulations 

23 under this paragraph, the Secretary shall— 

24 ‘‘(i) allocate assistance from the Fund 

25 using the formula allocation methodology 


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1 published in accordance with paragraph 

2 (4); and 

3 ‘‘(ii) include an additional amount for 

4 mitigation equal to 15 percent of the total 

5 estimate of unmet need. 

6 ‘‘(6) ALLOCATION OF FUNDS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall— 

8 ‘‘(i) except as provided in clause (ii), 

9 not later than 90 days after the President 

10 declares a major disaster, use best avail11 able data to determine whether the major 

12 disaster is catastrophic and qualifies for 

13 assistance under the formula in paragraph 

14 (4) or (5), unless data is insufficient to 

15 make this determination; and 

16 ‘‘(ii) if the best available data is insuf17 ficient to make the determination required 

18 under clause (i) within the 90-day period 

19 described in that clause, the Secretary 

20 shall determine whether the major disaster 

21 qualifies when sufficient data becomes 

22 available, but in no case shall the Sec23 retary make the determination later than 

24 120 days after the declaration of the major 

25 disaster. 


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1 ‘‘(B) ANNOUNCEMENT OF ALLOCATION.— 

2 If amounts are available in the Fund at the 

3 time the Secretary determines that the major 

4 disaster is catastrophic and qualifies for assist5 ance under the formula in paragraph (4) or (5), 

6 the Secretary shall immediately announce an al7 location for a grant under this section. 

8 ‘‘(C) ADDITIONAL AMOUNTS.—If addi9 tional amounts are appropriated to the Fund 

10 after amounts are allocated under subpara11 graph (B), the Secretary shall announce an al12 location or additional allocation (if a prior allo13 cation under subparagraph (B) was less than 

14 the formula calculation) within 15 days of any 

15 such appropriation. 

16 ‘‘(7) PRELIMINARY FUNDING.— 

17 ‘‘(A) IN GENERAL.—To speed recovery, the 

18 Secretary is authorized to allocate and award 

19 preliminary grants from the Fund before mak20 ing a determination under paragraph (6) if the 

21 Secretary projects, based on a preliminary as22 sessment of impact and distress, that a major 

23 disaster is catastrophic and would likely qualify 

24 for funding under the formula in paragraph (4) 

25 or (5). 


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1 ‘‘(B) AMOUNT.— 

2 ‘‘(i) MAXIMUM.—The Secretary may 

3 award preliminary funding under subpara4 graph (A) in an amount that is not more 

5 than $5,000,000. 

6 ‘‘(ii) SLIDING SCALE.—The Secretary 

7 shall, by regulation, establish a sliding 

8 scale for preliminary funding awarded 

9 under subparagraph (A) based on the size 

10 of the preliminary assessment of impact 

11 and distress. 

12 ‘‘(C) USE OF FUNDS.—The uses of pre13 liminary funding awarded under subparagraph 

14 (A) shall be limited to eligible activities that— 

15 ‘‘(i) in the determination of the Sec16 retary, will support faster recovery, im17 prove the ability of the grantee to assess 

18 unmet recovery needs, plan for the preven19 tion of improper payments, and reduce 

20 fraud, waste, and abuse; and 

21 ‘‘(ii) may include evaluating the in22 terim housing, permanent housing, and 

23 supportive service needs of the disaster im24 pacted community, with special attention 

25 to vulnerable populations, such as homeless 


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1 and low- to moderate-income households, 

2 to inform the grantee action plan required 

3 under subsection (c). 

4 ‘‘(D) CONSIDERATION OF FUNDING.—Pre5 liminary funding awarded under subparagraph 

6 (A)— 

7 ‘‘(i) is not subject to the certification 

8 requirements of paragraph (h)(1); and 

9 ‘‘(ii) shall not be considered when cal10 culating the amount of the grant used for 

11 administrative costs, technical assistance, 

12 and planning activities that are subject to 

13 the requirements under subsection (f)(2). 

14 ‘‘(E) WAIVER.—To expedite the use of 

15 preliminary funding for activities described in 

16 this paragraph, the Secretary may waive re17 quirements of this section in accordance with 

18 subsection (i). 

19 ‘‘(F) AMENDED AWARD.— 

20 ‘‘(i) IN GENERAL.—An award for pre21 liminary funding under subparagraph (A) 

22 may be amended to add any subsequent 

23 amount awarded because of a determina24 tion by the Secretary that a major disaster 


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1 is catastrophic and qualifies for assistance 

2 under the formula. 

3 ‘‘(ii) APPLICABILITY.—Notwith4 standing subparagraph (D), amounts pro5 vided by an amendment under clause (i) 

6 are subject to the requirements under sub7 sections (h)(1) and (f)(1) and other re8 quirements on grant funds under this sec9 tion. 

10 ‘‘(G) TECHNICAL ASSISTANCE.—Concur11 rent with the allocation of any preliminary 

12 funding awarded under this paragraph, the Sec13 retary shall assign or provide technical assist14 ance to the recipient of the grant. 

15 ‘‘(b) INTERCHANGEABILITY.—The Secretary— 

16 ‘‘(1) is authorized to approve the use of grants 

17 under this section to be used interchangeably and 

18 without limitation for the same activities in the most 

19 impacted and distressed areas resulting from a dec20 laration of another catastrophic major disaster that 

21 qualifies for assistance under the formula estab22 lished under paragraph (4) or (5) of subsection (a); 

23 and 


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1 ‘‘(2) shall establish requirements to expedite the 

2 use of grants under this section for the purpose de3 scribed in paragraph (1). 

4 ‘‘(c) GRANTEE PLANS.— 

5 ‘‘(1) REQUIREMENT.—Not later than 90 days 

6 after the date on which the Secretary announces a 

7 grant allocation under this section, unless an exten8 sion is granted by the Secretary, the grantee shall 

9 submit to the Secretary a plan for approval describ10 ing— 

11 ‘‘(A) the activities the grantee will carry 

12 out with the grant under this section; 

13 ‘‘(B) the criteria of the grantee for award14 ing assistance and selecting activities; 

15 ‘‘(C) how the use of the grant under this 

16 section will address disaster relief, long-term re17 covery, restoration of housing and infrastruc18 ture, economic revitalization, and mitigation in 

19 the most impacted and distressed areas; 

20 ‘‘(D) how the use of the grant funds for 

21 mitigation is consistent with hazard mitigation 

22 plans submitted to the Federal Emergency 

23 Management Agency under section 322 of the 

24 Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5165); 


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1 ‘‘(E) the estimated amount proposed to be 

2 used for activities that will benefit persons of 

3 low and moderate income; 

4 ‘‘(F) how the use of grant funds will repair 

5 and replace existing housing stock for vulner6 able populations, including low- to moderate-in7 come households; 

8 ‘‘(G) how the grantee will address the pri9 orities described in paragraph (5); 

10 ‘‘(H) how uses of funds are proportional to 

11 unmet needs, as required under paragraph (5); 

12 ‘‘(I) for State grantees that plan to dis13 tribute grant amounts to units of general local 

14 government, a description of the method of dis15 tribution; and 

16 ‘‘(J) such other information as may be de17 termined by the Secretary in regulation. 

18 ‘‘(2) PUBLIC CONSULTATION.—To permit pub19 lic examination and appraisal of the plan described 

20 in paragraph (1), to enhance the public account21 ability of grantees, and to facilitate coordination of 

22 activities with different levels of government, when 

23 developing the plan or substantial amendments pro24 posed to the plan required under paragraph (1), a 

25 grantee shall— 


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1 ‘‘(A) publish the plan before adoption; 

2 ‘‘(B) provide citizens, affected units of 

3 general local government, and other interested 

4 parties with reasonable notice of, and oppor5 tunity to comment on, the plan, with a public 

6 comment period of not less than 14 days; 

7 ‘‘(C) consider comments received before 

8 submission to the Secretary; 

9 ‘‘(D) follow a citizen participation plan for 

10 disaster assistance adopted by the grantee that, 

11 at a minimum, provides for participation of 

12 residents of the most impacted and distressed 

13 area affected by the major disaster that re14 sulted in the grant under this section and other 

15 considerations established by the Secretary; and 

16 ‘‘(E) undertake any consultation with in17 terested parties as may be determined by the 

18 Secretary in regulation. 

19 ‘‘(3) APPROVAL.—The Secretary shall— 

20 ‘‘(A) by regulation, specify criteria for the 

21 approval, partial approval, or disapproval of a 

22 plan submitted under paragraph (1), including 

23 approval of substantial amendments to the 

24 plan; 


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1 ‘‘(B) review a plan submitted under para2 graph (1) upon receipt of the plan; 

3 ‘‘(C) allow a grantee to revise and resub4 mit a plan or substantial amendment to a plan 

5 under paragraph (1) that the Secretary dis6 approves; 

7 ‘‘(D) by regulation, specify criteria for 

8 when the grantee shall be required to provide 

9 the required revisions to a disapproved plan or 

10 substantial amendment under paragraph (1) for 

11 public comment prior to resubmission of the 

12 plan or substantial amendment to the Sec13 retary; and 

14 ‘‘(E) approve, partially approve, or dis15 approve a plan or substantial amendment under 

16 paragraph (1) not later than 60 days after the 

17 date on which the plan or substantial amend18 ment is received by the Secretary. 

19 ‘‘(4) LOW- AND MODERATE-INCOME OVERALL

20 BENEFIT.— 

21 ‘‘(A) USE OF FUNDS.—Not less than 70 

22 percent of a grant made under this section shall 

23 be used for activities that benefit persons of low 

24 and moderate income unless the Secretary— 

25 ‘‘(i) specifically finds that— 


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1 ‘‘(I) there is compelling need to 

2 reduce the percentage for the grant; 

3 and 

4 ‘‘(II) the housing needs of low5 and moderate-income residents have 

6 been addressed; and 

7 ‘‘(ii) issues a waiver and alternative 

8 requirements pursuant to subsection (i) to 

9 lower the percentage. 

10 ‘‘(B) REGULATIONS.—The Secretary shall, 

11 by regulation, establish protocols consistent 

12 with the findings of section 2 of the Reforming 

13 Disaster Recovery Act to prioritize the use of 

14 funds by a grantee under this section to meet 

15 the needs of low- and moderate-income persons 

16 and businesses serving primarily persons of low 

17 and moderate income. 

18 ‘‘(5) PRIORITIZATION.—The grantee shall 

19 prioritize activities that— 

20 ‘‘(A) assist persons with extremely low, 

21 low, and moderate incomes and other vulnerable 

22 populations to better recover from and with23 stand future disasters, emphasizing those with 

24 the most severe needs; 


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1 ‘‘(B) address affordable housing, including 

2 affordable rental housing, needs arising from a 

3 disaster or those needs present prior to a dis4 aster; 

5 ‘‘(C) prolong the life of housing and infra6 structure; 

7 ‘‘(D) use cost-effective means of preventing 

8 harm to people and property and incorporate 

9 protective features, redundancies, energy sav10 ings; and 

11 ‘‘(E) other measures that will assure the 

12 continuation of critical services during future 

13 disasters. 

14 ‘‘(6) PROPORTIONAL ALLOCATION.— 

15 ‘‘(A) IN GENERAL.—A grantee under this 

16 section shall allocate grant funds proportional 

17 to unmet needs between housing activities, eco18 nomic revitalization, and infrastructure, unless 

19 the Secretary— 

20 ‘‘(i) specifically finds that— 

21 ‘‘(I) there is a compelling need 

22 for a disproportional allocation among 

23 those unmet needs; and 

24 ‘‘(II) the disproportional alloca25 tion described in subclause (I) is not 


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1 inconsistent with the requirements 

2 under paragraph (4); and 

3 ‘‘(ii) issues a waiver and alternative 

4 requirement pursuant to subsection (i) to 

5 allow for the disproportional allocation de6 scribed in clause (i)(I). 

7 ‘‘(B) HOUSING ACTIVITIES.—With respect 

8 to housing activities described in subparagraph 

9 (A)(i), grantees should address proportional 

10 needs between homeowners and renters, includ11 ing low-income households in public housing 

12 and federally subsidized housing. 

13 ‘‘(7) DISASTER RISK MITIGATION.— 

14 ‘‘(A) DEFINITION.—In this paragraph, the 

15 term ‘hazard-prone areas’— 

16 ‘‘(i) means areas identified by the 

17 Secretary, in consultation with the Admin18 istrator of the Federal Emergency Man19 agement Agency, at risk from natural haz20 ards that threaten property damage or 

21 health, safety, and welfare, such as floods, 

22 wildfires (including Wildland-Urban Inter23 face areas), earthquakes, lava inundation, 

24 tornados, and high winds; and 


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1 ‘‘(ii) includes areas having special 

2 flood hazards as identified under the Flood 

3 Disaster Protection Act of 1973 (42 

4 U.S.C. 4002 et seq.) or the National Flood 

5 Insurance Act of 1968 (42 U.S.C. 4001 et 

6 seq.). 

7 ‘‘(B) HAZARD-PRONE AREAS.—The Sec8 retary, in consultation with the Administrator 

9 of the Federal Emergency Management Agency, 

10 shall establish minimum construction standards, 

11 insurance purchase requirements, and other re12 quirements for the use of grant funds in haz13 ard-prone areas. 

14 ‘‘(C) SPECIAL FLOOD HAZARDS.—For the 

15 areas described in subparagraph (A)(ii), the in16 surance purchase requirements established 

17 under subparagraph (B) shall meet or exceed 

18 the requirements under section 102(a) of the 

19 Flood Disaster Protection Act of 1973 (42 

20 U.S.C. 4012a(a)). 

21 ‘‘(D) CONSIDERATION OF FUTURE

22 RISKS.—The Secretary may consider future 

23 risks to protecting property and health, safety, 

24 and general welfare, and the likelihood of those 

25 risks, when making the determination of or 


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1 modification to hazard-prone areas under this 

2 paragraph. 

3 ‘‘(8) RELOCATION.— 

4 ‘‘(A) IN GENERAL.—The Uniform Reloca5 tion Assistance and Real Property Acquisition 

6 Policies Act of 1970 (42 U.S.C. 4601 et seq.) 

7 shall apply to activities assisted under this sec8 tion to the extent determined by the Secretary 

9 in regulation, or as provided in waivers and al10 ternative requirements authorized in accordance 

11 with subsection (i). 

12 ‘‘(B) POLICY.—Each grantee under this 

13 section shall establish a relocation assistance 

14 policy that— 

15 ‘‘(i) minimizes displacement and de16 scribes the benefits available to persons 

17 displaced as a direct result of acquisition, 

18 rehabilitation, or demolition in connection 

19 with an activity that is assisted by a grant 

20 under this section; and 

21 ‘‘(ii) includes any appeal rights or 

22 other requirements that the Secretary es23 tablishes by regulation. 


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1 ‘‘(d) CERTIFICATIONS.—Any grant under this section 

2 shall be made only if the grantee certifies to the satisfac3 tion of the Secretary that— 

4 ‘‘(1) the grantee is in full compliance with the 

5 requirements under subsection (c)(2); 

6 ‘‘(2) for grants other than grants to Indian 

7 tribes, the grant will be conducted and administered 

8 in conformity with the Civil Rights Act of 1964 (42 

9 U.S.C. 2000a et seq.) and the Fair Housing Act (42 

10 U.S.C. 3601 et seq.); 

11 ‘‘(3) the projected use of funds has been devel12 oped so as to give maximum feasible priority to ac13 tivities that will benefit extremely low-, low-, and 

14 moderate-income families and activities described in 

15 subsection (c)(5), and may also include activities 

16 that are designed to aid in the prevention or elimi17 nation of slum and blight to support disaster recov18 ery, meet other community development needs hav19 ing a particular urgency because existing conditions 

20 pose a serious and immediate threat to the health or 

21 welfare of the community where other financial re22 sources are not available to meet such needs, and al23 leviate future threats to human populations, critical 

24 natural resources, and property that an analysis of 


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1 hazards shows are likely to result from natural dis2 asters in the future; 

3 ‘‘(4) the grant funds shall principally benefit 

4 persons of low and moderate income as described in 

5 subsection (c)(4); 

6 ‘‘(5) for grants other than grants to Indian 

7 tribes, within 24 months of receiving a grant or at 

8 the time of its 3- or 5-year update, whichever is 

9 sooner, the grantee will review and make modifica10 tions to its non-disaster housing and community de11 velopment plans and strategies required by sub12 sections (c) and (m) of section 104 to reflect the dis13 aster recovery needs identified by the grantee and 

14 consistency with the plan under subsection (c)(1); 

15 ‘‘(6) the grantee will not attempt to recover any 

16 capital costs of public improvements assisted in 

17 whole or part under this section by assessing any 

18 amount against properties owned and occupied by 

19 persons of low and moderate income, including any 

20 fee charged or assessment made as a condition of 

21 obtaining access to such public improvements, un22 less— 

23 ‘‘(A) funds received under this section are 

24 used to pay the proportion of such fee or as25 sessment that relates to the capital costs of 


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1 such public improvements that are financed 

2 from revenue sources other than under this 

3 chapter; or 

4 ‘‘(B) for purposes of assessing any amount 

5 against properties owned and occupied by per6 sons of moderate income, the grantee certifies 

7 to the Secretary that the grantee lacks suffi8 cient funds received under this section to com9 ply with the requirements of subparagraph (A); 

10 ‘‘(7) the grantee will comply with the other pro11 visions of this title that apply to assistance under 

12 this section and with other applicable laws; 

13 ‘‘(8) the grantee will follow a relocation assist14 ance policy that includes any minimum requirements 

15 identified by the Secretary; and 

16 ‘‘(9) the grantee will adhere to construction 

17 standards, insurance purchase requirements, and 

18 other requirements for development in hazard-prone 

19 areas described in subsection (c)(7). 

20 ‘‘(e) PERFORMANCE REVIEWS AND REPORTING.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall, on not 

22 less frequently than an annual basis, make such re23 views and audits as may be necessary or appropriate 

24 to determine whether a grantee under this section 

25 has— 


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1 ‘‘(A) carried out activities using grant 

2 funds in a timely manner; 

3 ‘‘(B) met the performance targets estab4 lished by paragraph (2); 

5 ‘‘(C) carried out activities using grant 

6 funds in accordance with the requirements of 

7 this section, the other provisions of this title 

8 that apply to assistance under this section, and 

9 other applicable laws; and 

10 ‘‘(D) a continuing capacity to carry out ac11 tivities in a timely manner. 

12 ‘‘(2) PERFORMANCE TARGETS.—The Secretary 

13 shall develop and make publicly available critical 

14 performance targets for review, which shall include 

15 spending thresholds for each year from the date on 

16 which funds are obligated by the Secretary to the 

17 grantee until such time all funds have been ex18 pended. 

19 ‘‘(3) FAILURE TO MEET TARGETS.— 

20 ‘‘(A) SUSPENSION.—If a grantee under 

21 this section fails to meet 1 or more critical per22 formance targets under paragraph (2), the Sec23 retary may temporarily suspend the grant. 

24 ‘‘(B) PERFORMANCE IMPROVEMENT

25 PLAN.—If the Secretary suspends a grant 


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1 under subparagraph (A), the Secretary shall 

2 provide to the grantee a performance improve3 ment plan with the specific requirements needed 

4 to lift the suspension within a defined time pe5 riod. 

6 ‘‘(C) REPORT.—If a grantee fails to meet 

7 the spending thresholds established under para8 graph (2), the grantee shall submit to the Sec9 retary, the appropriate committees of Congress, 

10 and each member of Congress who represents a 

11 district or State of the grantee a written report 

12 identifying technical capacity, funding, or other 

13 Federal or State impediments affecting the abil14 ity of the grantee to meet the spending thresh15 olds. 

16 ‘‘(4) COLLECTION OF INFORMATION AND RE17 PORTING.— 

18 ‘‘(A) REQUIREMENT TO REPORT.—A 

19 grantee under this section shall provide to the 

20 Secretary such information as the Secretary 

21 may determine necessary for adequate oversight 

22 of the grant program under this section. 

23 ‘‘(B) PUBLIC AVAILABILITY.—Subject to 

24 subparagraph (D), the Secretary shall make in25 formation submitted under subparagraph (A) 


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1 available to the public and to the Inspector 

2 General for the Department of Housing and 

3 Urban Development, disaggregated by income, 

4 geography, and all classes of individuals pro5 tected under section 109. 

6 ‘‘(C) SUMMARY STATUS REPORTS.—To in7 crease transparency and accountability of the 

8 grant program under this section the Secretary 

9 shall, on not less frequently than an annual 

10 basis, post on a public facing dashboard sum11 mary status reports for all active grants under 

12 this section that includes— 

13 ‘‘(i) the status of funds by activity; 

14 ‘‘(ii) the percentages of funds allo15 cated and expended to benefit low- and 

16 moderate-income communities; 

17 ‘‘(iii) performance targets, spending 

18 thresholds, and accomplishments; and 

19 ‘‘(iv) other information the Secretary 

20 determines to be relevant for transparency. 

21 ‘‘(D) CONSIDERATIONS.—In carrying out 

22 this paragraph, the Secretary— 

23 ‘‘(i) shall take such actions as may be 

24 necessary to ensure that personally identi25 fiable information regarding applicants for 


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1 assistance provided from funds made avail2 able under this section is not made publicly 

3 available; and 

4 ‘‘(ii) may make full and unredacted 

5 information available to academic institu6 tions for the purpose of researching into 

7 the equitable distribution of recovery funds 

8 and adherence to civil rights protections. 

9 ‘‘(f) ELIGIBLE ACTIVITIES.— 

10 ‘‘(1) IN GENERAL.—Activities assisted under 

11 this section— 

12 ‘‘(A) may include activities permitted 

13 under section 105 or other activities permitted 

14 by the Secretary by waiver or alternative re15 quirement pursuant to subsection (i); and 

16 ‘‘(B) shall be related to disaster relief, 

17 long-term recovery, restoration of housing and 

18 infrastructure, economic revitalization, and 

19 mitigation in the most impacted and distressed 

20 areas resulting from the major disaster for 

21 which the grant was awarded. 

22 ‘‘(2) PROHIBITION.—Grant funds under this 

23 section may not be used for costs reimbursable by, 

24 or for which funds have been made available by, the 


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1 Federal Emergency Management Agency or the 

2 United States Army Corps of Engineers. 

3 ‘‘(3) ADMINISTRATIVE COSTS, TECHNICAL AS4 SISTANCE AND PLANNING.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 establish in regulation the maximum grant 

7 amounts a grantee may use for administrative 

8 costs, technical assistance and planning activi9 ties, taking into consideration size of grant, 

10 complexity of recovery, and other factors as de11 termined by the Secretary, but not to exceed 10 

12 percent for administration and 20 percent in 

13 total. 

14 ‘‘(B) AVAILABILITY.—Amounts available 

15 for administrative costs for a grant under this 

16 section shall be available for eligible administra17 tive costs of the grantee for any grant made 

18 under this section, without regard to a par19 ticular disaster. 

20 ‘‘(4) PROGRAM INCOME.—Notwithstanding any 

21 other provision of law, any grantee under this sec22 tion may retain program income that is realized 

23 from grants made by the Secretary under this sec24 tion if the grantee agrees that the grantee will uti25 lize the program income in accordance with the reVerDate Sep 11 2014 23:06 Aug 02, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S2471.IS S2471

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1 quirements for grants under this section, except that 

2 the Secretary may— 

3 ‘‘(A) by regulation, exclude from consider4 ation as program income any amounts deter5 mined to be so small that compliance with this 

6 paragraph creates an unreasonable administra7 tive burden on the grantee; or 

8 ‘‘(B) permit the grantee to transfer re9 maining program income to the other grants of 

10 the grantee under this title upon closeout of the 

11 grant. 

12 ‘‘(5) PROHIBITION ON USE OF ASSISTANCE FOR

13 EMPLOYMENT RELOCATION ACTIVITIES.— 

14 ‘‘(A) IN GENERAL.—Grants under this sec15 tion may not be used to assist directly in the 

16 relocation of any industrial or commercial plant, 

17 facility, or operation, from one area to another 

18 area, if the relocation is likely to result in a sig19 nificant loss of employment in the labor market 

20 area from which the relocation occurs. 

21 ‘‘(B) APPLICABILITY.—The prohibition 

22 under subparagraph (A) shall not apply to a 

23 business that was operating in the disaster-de24 clared labor market area before the incident 

25 date of the applicable disaster and has since 


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1 moved, in whole or in part, from the affected 

2 area to another State or to a labor market area 

3 within the same State to continue business. 

4 ‘‘(6) REQUIREMENTS.—Grants under this sec5 tion are subject to the requirements of this section, 

6 the other provisions of this title that apply to assist7 ance under this section, and other applicable laws, 

8 unless modified by waivers and alternative require9 ments in accordance with subsection (i). 

10 ‘‘(g) ENVIRONMENTAL REVIEW.— 

11 ‘‘(1) ADOPTION.—A recipient of funds provided 

12 under this section that uses the funds to supplement 

13 Federal assistance provided under section 402, 403, 

14 404, 406, 407, 408(c)(4), 428, or 502 of the Robert 

15 T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 

17 5173, 5174(c)(4), 5189f, 5192) may adopt, without 

18 review or public comment, any environmental review, 

19 approval, or permit performed by a Federal agency, 

20 and that adoption shall satisfy the responsibilities of 

21 the recipient with respect to the environmental re22 view, approval, or permit under section 104(g)(1). 

23 ‘‘(2) APPROVAL OF RELEASE OF FUNDS.—Not24 withstanding section 104(g)(2), the Secretary or a 

25 State may, upon receipt of a request for release of 


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1 funds and certification, immediately approve the re2 lease of funds for an activity or project to be as3 sisted under this section if the recipient has adopted 

4 an environmental review, approval, or permit under 

5 paragraph (1) or the activity or project is categori6 cally excluded from review under the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.). 

9 ‘‘(3) UNITS OF GENERAL LOCAL GOVERN10 MENT.—The provisions of section 104(g)(4) shall 

11 apply to assistance under this section that a State 

12 distributes to a unit of general local government. 

13 ‘‘(h) FINANCIAL CONTROLS AND PROCEDURES.— 

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

15 requirements and procedures to demonstrate that a 

16 grantee under this section— 

17 ‘‘(A) has adequate financial controls and 

18 procurement processes; 

19 ‘‘(B) has adequate procedures to detect 

20 and prevent fraud, waste, abuse and duplication 

21 of benefit; and 

22 ‘‘(C) maintains a comprehensive and pub23 licly accessible website. 

24 ‘‘(2) CERTIFICATION.—Before making a grant 

25 under this section, the Secretary shall certify that 


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1 the grantee has in place proficient processes and 

2 procedures to comply with the requirements devel3 oped under paragraph (1), as determined by the 

4 Secretary. 

5 ‘‘(3) COMPLIANCE BEFORE ALLOCATION.—The 

6 Secretary may permit a State, unit of general local 

7 government, or Indian tribe to demonstrate compli8 ance with the requirements for adequate financial 

9 controls developed under paragraph (1) before a dis10 aster occurs and before receiving an allocation for a 

11 grant under this section. 

12 ‘‘(4) DUPLICATION OF BENEFITS.— 

13 ‘‘(A) IN GENERAL.—Funds made available 

14 under this subsection shall be used in accord15 ance with section 312 of the Robert T. Stafford 

16 Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5155), as amended by section 1210 

18 of the Disaster Recovery Reform Act of 2018 

19 (division D of Public Law 115–254), and such 

20 rules as may be prescribed under such section 

21 312. 

22 ‘‘(B) PENALTIES.—In any case in which 

23 the use of grant funds under this section results 

24 in a prohibited duplication of benefits, the 

25 grantee shall— 


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1 ‘‘(i) apply an amount equal to the 

2 identified duplication to any allowable costs 

3 of the award consistent with actual, imme4 diate cash requirement; 

5 ‘‘(ii) remit any excess amounts to the 

6 Secretary to be credited to the obligated, 

7 undisbursed balance of the grant con8 sistent with requirements on Federal pay9 ments applicable to such grantee; and 

10 ‘‘(iii) if excess amounts under clause 

11 (ii) are identified after the period of per12 formance or after the closeout of the 

13 award, remit such amounts to the Sec14 retary to be credited to the Fund. 

15 ‘‘(C) FAILURE TO COMPLY.—A grantee 

16 that fails to comply with subparagraph (A) 

17 shall be subject to remedies for noncompliance 

18 under section 111, unless the Secretary pub19 lishes a determination in the Federal Register 

20 that it is not in the best interest of the Federal 

21 Government to pursue remedial actions. 

22 ‘‘(i) WAIVERS.— 

23 ‘‘(1) IN GENERAL.—In administering grants 

24 under this section, the Secretary may waive, or 

25 specify alternative requirements for, any provision of 


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1 any statute or regulation that the Secretary admin2 isters in connection with the obligation by the Sec3 retary or the use by the grantee of those funds (ex4 cept for requirements related to fair housing, non5 discrimination, labor standards, the environment, 

6 and the requirements of this section that do not ex7 pressly authorize modifications by waiver or alter8 native requirement), if the Secretary makes a public 

9 finding that good cause exists for the waiver or al10 ternative requirement and the waiver or alternative 

11 requirement would not be inconsistent with the find12 ings in section 2 of the Reforming Disaster Recovery 

13 Act. 

14 ‘‘(2) EFFECTIVE DATE.—A waiver or alter15 native requirement described in paragraph (1) shall 

16 not take effect before the date that is 5 days after 

17 the date of publication of the waiver or alternative 

18 requirement on the website of the Department of 

19 Housing and Urban Development or the effective 

20 date for any regulation published in the Federal 

21 Register. 

22 ‘‘(3) PUBLIC NOTIFICATION.—The Secretary 

23 shall notify the public of all waivers described in 

24 paragraph (1) in accordance with the requirements 


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1 of section 7(q)(3) of the Department of Housing and 

2 Urban Development Act (42 U.S.C. 3535(q)(3)). 

3 ‘‘(j) UNUSED AMOUNTS.— 

4 ‘‘(1) DEADLINE TO USE AMOUNTS.—A grantee 

5 under this section shall use an amount equal to the 

6 grant within 6 years beginning on the date on which 

7 the Secretary obligates the amounts to the grantee, 

8 as such period may be extended under paragraph 

9 (4). 

10 ‘‘(2) RECAPTURE.—The Secretary shall recap11 ture and credit to the Fund any amount that is un12 used by a grantee under this section upon the earlier 

13 of— 

14 ‘‘(A) the date on which the grantee notifies 

15 the Secretary that the grantee has completed all 

16 activities identified in the disaster grantee’s 

17 plan under subsection (c); or 

18 ‘‘(B) the expiration of the 6-year period 

19 described in paragraph (1), as such period may 

20 be extended under paragraph (4). 

21 ‘‘(3) RETENTION OF FUNDS.—Notwithstanding 

22 paragraph (1), the Secretary may allow a grantee 

23 under this section to retain— 

24 ‘‘(A) amounts needed to close out grants; 

25 and 


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1 ‘‘(B) up to 10 percent of the remaining 

2 funds to support maintenance of the minimal 

3 capacity to launch a new program in the event 

4 of a future disaster and to support pre-disaster 

5 long-term recovery and mitigation planning. 

6 ‘‘(4) EXTENSION OF PERIOD FOR USE OF

7 FUNDS.—The Secretary may extend the 6-year pe8 riod described in paragraph (1) by not more than 4 

9 years, or not more than 6 years for mitigation activi10 ties, if— 

11 ‘‘(A) the grantee submits to the Sec12 retary— 

13 ‘‘(i) written documentation of the exi14 gent circumstances impacting the ability of 

15 the grantee to expend funds that could not 

16 be anticipated; or 

17 ‘‘(ii) a justification that such request 

18 is necessary due to the nature and com19 plexity of the program and projects; and 

20 ‘‘(B) the Secretary submits a written jus21 tification for the extension to the Committees 

22 on Appropriations of Senate and the House of 

23 Representatives that specifies the period of that 

24 extension.’’. 


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1 SEC. 7. REGULATIONS. 

2 (a) PROPOSED RULES.— Following consultation with 

3 the Federal Emergency Management Agency, the Small 

4 Business Administration, and other Federal agencies, not 

5 later than 6 months after the date of enactment of this 

6 Act, the Secretary shall issue proposed rules to carry out 

7 this Act and the amendments made by this Act and shall 

8 provide a 90-day period for submission of public comments 

9 on those proposed rules. 

10 (b) FINAL RULES.—Not later than 1 year after the 

11 date of enactment of this Act, the Secretary shall issue 

12 final regulations to carry out section 123 of the Housing 

13 and Community Development Act of 1974, as added by 

14 section 6. 

15 SEC. 8. COORDINATION OF DISASTER RECOVERY ASSIST16 ANCE, BENEFITS, AND DATA WITH OTHER 

17 FEDERAL AGENCIES. 

18 (a) COORDINATION OF DISASTER RECOVERY ASSIST19 ANCE.—In order to ensure a comprehensive approach to 

20 Federal disaster relief, long-term recovery, restoration of 

21 housing and infrastructure, economic revitalization, and 

22 mitigation in the most impacted and distressed areas re23 sulting from a catastrophic major disaster, the Secretary 

24 shall coordinate with the Federal Emergency Management 

25 Agency, to the greatest extent practicable, in the imple26 mentation of assistance authorized under section 123 of 


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1 the Housing and Community Development Act of 1974, 

2 as added by section 6. 

3 (b) DATA SHARING AGREEMENTS.—To support the 

4 coordination of data to prevent duplication of benefits with 

5 other Federal disaster recovery programs while also expe6 diting recovery and reducing burden on disaster survivors, 

7 the Department shall establish data sharing agreements 

8 that safeguard privacy with relevant Federal agencies to 

9 ensure disaster benefits effectively and efficiently reach in10 tended beneficiaries, while using effective means of pre11 venting harm to people and property. 

12 (c) DATA TRANSFER FROM FEMA AND SBA TO

13 HUD.—As permitted and deemed necessary for efficient 

14 program execution, and consistent with a computer match15 ing agreement entered into under subsection (f)(1), the 

16 Administrator of the Federal Emergency Management 

17 Agency and the Administrator of the Small Business Ad18 ministration shall provide data on disaster applicants to 

19 the Department, including, when necessary, personally 

20 identifiable information, disaster recovery needs, and re21 sources determined eligible for, and amounts expended, to 

22 the Secretary for all major disasters declared by the Presi23 dent pursuant to section 401 of Robert T. Stafford Dis24 aster Relief and Emergency Assistance Act (42 U.S.C. 


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1 5170) for the purpose of providing additional assistance 

2 to disaster survivors and prevent duplication of benefits. 

3 (d) DATA TRANSFERS FROM HUD TO HUD GRANT4 EES.—The Secretary is authorized to provide to grantees 

5 under section 123 of the Housing and Community Devel6 opment Act of 1974, as added by section 6, offices of the 

7 Department, technical assistance providers, and lenders 

8 information that in the determination of the Secretary is 

9 reasonably available and appropriate to inform the provi10 sion of assistance after a major disaster, including infor11 mation provided to the Secretary by the Administrator of 

12 the Federal Emergency Management Agency, the Admin13 istrator of the Small Business Administration, or other 

14 Federal agencies. 

15 (e) DATA TRANSFERS FROM HUD GRANTEES TO

16 HUD, FEMA, AND SBA.— 

17 (1) REPORTING.—Grantees under section 123 

18 of the Housing and Community Development Act of 

19 1974, as added by section 6, shall report informa20 tion requested by the Secretary on households, busi21 nesses, and other entities assisted and the type of 

22 assistance provided. 

23 (2) SHARING INFORMATION.—The Secretary 

24 shall share information collected under paragraph 

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1 cy, the Small Business Administration, and other 

2 Federal agencies to support the planning and deliv3 ery of disaster recovery and mitigation assistance. 

4 (f) PRIVACY PROTECTION.—The Secretary may make 

5 and receive data transfers authorized under this section, 

6 including the use and retention of that data for computer 

7 matching programs, to inform the provision of assistance, 

8 assess disaster recovery needs, and prevent the duplication 

9 of benefits and other waste, fraud, and abuse, provided 

10 that— 

11 (1) the Secretary enters a computer matching 

12 agreement with the Administrator of the Federal 

13 Emergency Management Agency, the Administrator 

14 of the Small Business Administration, or other Fed15 eral agencies covering the transfer of data; 

16 (2) the Secretary publishes intent to disclose 

17 data in the Federal Register; 

18 (3) notwithstanding paragraphs (1) and (2), 

19 section 552a of title 5, United States Code (com20 monly known as the ‘‘Privacy Act of 1974’’), or any 

21 other law, the Secretary is authorized to share data 

22 with an entity identified in subsection (d), and the 

23 entity is authorized to use the data as described in 

24 this section, if the Secretary enters a data sharing 

25 agreement with the entity before sharing or receiving 


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52 

•S 2471 IS

1 any information under transfers authorized by this 

2 section, which data sharing agreement shall— 

3 (A) in the determination of the Secretary, 

4 include measures adequate to safeguard the pri5 vacy and personally identifiable information of 

6 individuals; and 

7 (B) include provisions that describe how 

8 the personally identifiable information of an in9 dividual will be adequately safeguarded and 

10 protected, which requires consultation with the 

11 Secretary and the head of each Federal agency 

12 the data of which is being shared subject to the 

13 agreement. 

Æ 


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