175 
U.S.C. 4002 et seq.) or the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et 
seq.). 
‘‘(B) HAZARD-PRONE
AREAS.—The Sec-
retary, in consultation with the Administrator 
of the Federal Emergency Management Agency, 
shall establish minimum construction standards, 
insurance purchase requirements, and other re-
quirements for the use of grant funds in haz-
ard-prone areas. 
‘‘(C) SPECIAL FLOOD HAZARDS.— 
‘‘(i) IN GENERAL.—For the areas de-
scribed in subparagraph (A)(ii), the insur-
ance purchase requirements established 
under subparagraph (B) shall meet or ex-
ceed the requirements under section 102(a) 
of the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4012a(a)). 
‘‘(ii) TREATMENT AS FINANCIAL AS-
SISTANCE.—All grants under this section 
shall be treated as financial assistance for 
purposes of section 3(a)(3) of the Flood 
Disaster Protection Act of 1973 (42 
U.S.C. 4003(a)(3)). 
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‘‘(D) 
CONSIDERATION
OF
FUTURE 
RISKS.—The Secretary may consider future 
risks to protecting property and health, safety, 
and general welfare, and the likelihood of those 
risks, when making the determination of or 
modification to hazard-prone areas under this 
paragraph. 
‘‘(8) RELOCATION.— 
‘‘(A) IN GENERAL.—The Uniform Reloca-
tion Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4601 et seq.) 
shall apply to activities assisted under this sec-
tion to the extent determined by the Secretary 
in regulation, or as provided in waivers or alter-
native requirements authorized in accordance 
with subsection (i). 
‘‘(B) POLICY.—Each grantee under this 
section shall establish a relocation assistance 
policy that— 
‘‘(i) minimizes displacement and de-
scribes the benefits available to persons 
displaced as a direct result of acquisition, 
rehabilitation, or demolition in connection 
with an activity that is assisted by a grant 
under this section; and 
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‘‘(ii) includes any appeal rights or 
other requirements that the Secretary es-
tablishes by regulation. 
‘‘(d) CERTIFICATIONS.—Any grant under this section 
shall be made only if the grantee certifies to the satisfac-
tion of the Secretary that— 
‘‘(1) the grantee is in full compliance with the 
requirements under subsection (c)(2); 
‘‘(2) for grants other than grants to Indian 
tribes, the grant will be conducted and administered 
in conformity with the Civil Rights Act of 1964 (42 
U.S.C. 2000a et seq.) and the Fair Housing Act (42 
U.S.C. 3601 et seq.); 
‘‘(3) the projected use of funds has been devel-
oped so as to give maximum feasible priority to ac-
tivities that will benefit recipients described in sub-
section (c)(4)(A) and activities described in sub-
section (c)(5), and may also include activities that 
are designed to aid in the prevention or elimination 
of slum and blight to support disaster recovery, meet 
other community development needs having a par-
ticular urgency because existing conditions pose a 
serious and immediate threat to the health or wel-
fare of the community where other financial re-
sources are not available to meet such needs, and al-
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178 
leviate future threats to human populations, critical 
natural resources, and property that an analysis of 
hazards shows are likely to result from natural dis-
asters in the future; 
‘‘(4) the grant funds shall principally benefit 
persons of low- and moderate-income as described in 
subsection (c)(4)(A); 
‘‘(5) for grants other than grants to Indian 
tribes, within 24 months of receiving a grant or at 
the time of its 3- or 5-year update, whichever is 
sooner, the grantee will review and make modifica-
tions to its non-disaster housing and community de-
velopment plans and strategies required by sub-
sections (c) and (m) of section 104 to reflect the dis-
aster recovery needs identified by the grantee and 
consistency with the plan under subsection (c)(1); 
‘‘(6) 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 income, including any 
fee charged or assessment made as a condition of 
obtaining access to such public improvements, un-
less— 
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‘‘(A) funds received under this section are 
used to pay the proportion of such fee or as-
sessment that relates to the capital costs of 
such public improvements that are financed 
from revenue sources other than under this 
chapter; or 
‘‘(B) for purposes of assessing any amount 
against properties owned and occupied by per-
sons of moderate income, the grantee certifies 
to the Secretary that the grantee lacks suffi-
cient funds received under this section to com-
ply with the requirements of subparagraph (A); 
‘‘(7) the grantee will comply with the other pro-
visions of this title that apply to assistance under 
this section and with other applicable laws; 
‘‘(8) the grantee will follow a relocation assist-
ance policy that includes any minimum requirements 
identified by the Secretary; and 
‘‘(9) the grantee will adhere to construction 
standards, insurance purchase requirements, and 
other requirements for development in hazard-prone 
areas described in subsection (c)(7). 
‘‘(e) PERFORMANCE REVIEWS AND REPORTING.— 
‘‘(1) IN GENERAL.—The Secretary shall, on not 
less frequently than an annual basis until the close-
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out of a particular grant allocation, make such re-
views and audits as may be necessary or appropriate 
to determine whether a grantee under this section 
has— 
‘‘(A) carried out activities using grant 
funds in a timely manner; 
‘‘(B) met the performance targets estab-
lished by paragraph (2); 
‘‘(C) carried out activities using grant 
funds in accordance with the requirements of 
this section, the other provisions of this title 
that apply to assistance under this section, and 
other applicable laws; and 
‘‘(D) a continuing capacity to carry out ac-
tivities in a timely manner. 
‘‘(2) PERFORMANCE TARGETS.—The Secretary 
shall develop and make publicly available critical 
performance targets for review, 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 ex-
pended. 
‘‘(3) FAILURE TO MEET TARGETS.— 
‘‘(A) SUSPENSION.—If a grantee under 
this section fails to meet 1 or more critical per-
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formance targets under paragraph (2), the Sec-
retary may temporarily suspend the grant. 
‘‘(B) 
PERFORMANCE
IMPROVEMENT 
PLAN.—If the Secretary suspends a grant 
under subparagraph (A), the Secretary shall 
provide to the grantee a performance improve-
ment plan with the specific requirements needed 
to lift the suspension within a defined time pe-
riod. 
‘‘(C) REPORT.—If a grantee fails to meet 
the spending thresholds established under para-
graph (2), the grantee shall submit to the Sec-
retary, the appropriate committees of Congress, 
and each member of Congress who represents a 
district or State of the grantee a written report 
identifying technical capacity, funding, or other 
Federal or State impediments affecting the abil-
ity of the grantee to meet the spending thresh-
olds. 
‘‘(4) COLLECTION OF INFORMATION AND RE-
PORTING.— 
‘‘(A) 
REQUIREMENT
TO
REPORT.—A 
grantee under this section shall provide to the 
Secretary such information as the Secretary 
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may determine necessary for adequate oversight 
of the grant program under this section. 
‘‘(B) PUBLIC
AVAILABILITY.—Subject to 
subparagraph (D), the Secretary shall make in-
formation submitted under subparagraph (A) 
available to the public and to the Inspector 
General for the Department of Housing and 
Urban Development. 
‘‘(C) SUMMARY STATUS REPORTS.—To in-
crease transparency and accountability of the 
grant program under this section the Secretary 
shall, on not less frequently than an annual 
basis, post on a public facing dashboard sum-
mary status reports for all active grants under 
this section that includes— 
‘‘(i) the status of funds by activity; 
‘‘(ii) the percentages of funds allo-
cated and expended to benefit low- and 
moderate-income communities; 
‘‘(iii) performance targets, spending 
thresholds, and accomplishments; and 
‘‘(iv) other information the Secretary 
determines to be relevant for transparency. 
‘‘(D) CONSIDERATIONS.—In carrying out 
this paragraph, the Secretary shall take such 
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183 
actions as may be necessary to ensure that per-
sonally identifiable information regarding appli-
cants for assistance provided from funds made 
available under this section is not made publicly 
available. 
‘‘(E) RESEARCH PARTNERSHIPS.— 
‘‘(i) IN
GENERAL.—The Secretary 
may, upon a formal request from research-
ers, make disaggregated information avail-
able to the requestor that is specific and 
relevant to the research being conducted, 
and for the purposes of researching pro-
gram impact and efficacy. 
‘‘(ii) 
PRIVACY
PROTECTIONS.—In 
making information available under clause 
(i), the Secretary shall protect personally 
identifiable information as required under 
section 552a of title 5, United States Code 
(commonly known as the ‘Privacy Act of 
1974’). 
‘‘(f) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Activities assisted under 
this section— 
‘‘(A) may include activities permitted 
under section 105 or other activities permitted 
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by the Secretary by waiver or alternative re-
quirement pursuant to subsection (i); and 
‘‘(B) shall be related to disaster relief, 
long-term recovery, restoration of housing and 
infrastructure, 
economic 
revitalization, 
and 
mitigation in the most impacted and distressed 
areas resulting from the major disaster for 
which the grant was awarded. 
‘‘(2) PROHIBITION.—Grant funds under this 
section may not be used for costs reimbursable by, 
or for which funds have been made available by, the 
Federal Emergency Management Agency, or the 
United States Army Corps of Engineers. 
‘‘(3) ADMINISTRATIVE COSTS, TECHNICAL AS-
SISTANCE AND PLANNING.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish in regulation the maximum grant 
amounts a grantee may use for administrative 
costs, technical assistance and planning activi-
ties, taking into consideration size of grant, 
complexity of recovery, and other factors as de-
termined by the Secretary, but not to exceed 8 
percent for administration and 20 percent in 
total. 
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185 
‘‘(B) AVAILABILITY.—Amounts available 
for administrative costs for a grant under this 
section shall be available for eligible administra-
tive costs of the grantee for any grant made 
under this section, without regard to a par-
ticular disaster. 
‘‘(C) SUPPLEMENTAL PLAN.— 
‘‘(i) IN
GENERAL.—Grantees may 
submit to the Secretary an optional supple-
mental plan to the grantee plan required 
under this title specifically for administra-
tive costs, which shall include a description 
of the use of all grant funds for adminis-
trative costs, including for any eligible pre- 
award program administrative costs, and 
how such uses will prepare the grantee to 
more effectively and expeditiously admin-
ister funds provided under the full plan. 
‘‘(ii) USE
OF
FUNDS.—If a supple-
mental plan is approved under clause (i), a 
grantee may draw down the aforemen-
tioned administrative funds before the full 
grantee plan is approved. 
‘‘(iii) WAIVERS.—In carrying out this 
subparagraph, the Secretary may include 
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any waivers or alternative requirements in 
accordance with subsection (i). 
‘‘(4) PROGRAM INCOME.—Notwithstanding any 
other provision of law, any grantee under this sec-
tion may retain program income that is realized 
from grants made by the Secretary under this sec-
tion if the grantee agrees that the grantee will uti-
lize the program income in accordance with the re-
quirements for grants under this section, except that 
the Secretary may— 
‘‘(A) by regulation, exclude from consider-
ation as program income any amounts deter-
mined to be so small that compliance with this 
paragraph creates an unreasonable administra-
tive burden on the grantee; or 
‘‘(B) permit the grantee to transfer re-
maining program income to the other grants of 
the grantee under this title upon closeout of the 
grant. 
‘‘(5) PROHIBITION ON USE OF ASSISTANCE FOR 
EMPLOYMENT RELOCATION ACTIVITIES.— 
‘‘(A) IN GENERAL.—Grants under this sec-
tion may not be used to assist directly in the 
relocation of any industrial or commercial plant, 
facility, or operation, from one area to another 
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area, if the relocation is likely to result in a sig-
nificant loss of employment in the labor market 
area from which the relocation occurs. 
‘‘(B) 
APPLICABILITY.—The 
prohibition 
under subparagraph (A) shall not apply to a 
business that was operating in the disaster-de-
clared labor market area before the incident 
date of the applicable disaster and has since 
moved, in whole or in part, from the affected 
area to another State or to a labor market area 
within the same State to continue business. 
‘‘(6) REQUIREMENTS.—Grants under this sec-
tion are subject to the requirements of this section, 
the other provisions of this title that apply to assist-
ance under this section, and other applicable laws, 
unless modified by waivers or alternative require-
ments in accordance with subsection (i). 
‘‘(g) ENVIRONMENTAL REVIEW.— 
‘‘(1) ADOPTION.—A recipient of funds provided 
under this section that uses the funds to supplement 
Federal assistance provided under section 203, 402, 
403, 404, 406, 407, 408(c)(4), 428, or 502 of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 
5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, 
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without review or public comment, any environ-
mental review, approval, or permit performed by a 
Federal agency, and such adoption shall satisfy the 
responsibilities of the recipient with respect to such 
environmental review, approval, or permit under sec-
tion 104(g)(1), so long as the actions covered by the 
existing environmental review, approval, or permit 
and the actions proposed for these supplemental 
funds are substantially the same. 
‘‘(2) APPROVAL OF RELEASE OF FUNDS.—Not-
withstanding section 104(g)(2), the Secretary or a 
State may, upon receipt of a request for release of 
funds and certification, immediately approve the re-
lease of funds for an activity or project to be as-
sisted under this section if the recipient has adopted 
an environmental review, approval, or permit under 
paragraph (1) or the activity or project is categori-
cally excluded from review under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(3) UNITS
OF
GENERAL
LOCAL
GOVERN-
MENT.—The provisions of section 104(g)(4) shall 
apply to assistance under this section that a State 
distributes to a unit of general local government. 
‘‘(h) FINANCIAL CONTROLS AND PROCEDURES.— 
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‘‘(1) IN GENERAL.—The Secretary shall develop 
requirements and procedures to demonstrate that a 
grantee under this section— 
‘‘(A) has adequate financial controls and 
procurement processes; 
‘‘(B) has adequate procedures to detect 
and prevent fraud, waste, abuse, and duplica-
tion of benefit; and 
‘‘(C) maintains a comprehensive and pub-
licly accessible website. 
‘‘(2) CERTIFICATION.—Before making a grant 
under this section, the Secretary shall certify that 
the grantee has in place proficient processes and 
procedures to comply with the requirements devel-
oped under paragraph (1), as determined by the 
Secretary. 
‘‘(3) COMPLIANCE BEFORE ALLOCATION.—The 
Secretary may permit a State, unit of general local 
government, or Indian tribe to demonstrate compli-
ance with the requirements for adequate financial 
controls developed under paragraph (1) before a dis-
aster occurs and before receiving an allocation for a 
grant under this section. 
‘‘(4) DUPLICATION OF BENEFITS.— 
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‘‘(A) IN GENERAL.—Funds made available 
under this section shall be used in accordance 
with section 312 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5155), as amended by section 1210 of 
the Disaster Recovery Reform Act of 2018 (di-
vision D of Public Law 115–254), and such 
rules as may be prescribed under such section 
312. 
‘‘(B) PENALTIES.—In any case in which 
the use of grant funds under this section results 
in a prohibited duplication of benefits, the 
grantee shall— 
‘‘(i) apply an amount equal to the 
identified duplication to any allowable costs 
of the award consistent with actual, imme-
diate cash requirement; 
‘‘(ii) remit any excess amounts to the 
Secretary to be credited to the obligated, 
undisbursed balance of the grant con-
sistent with requirements on Federal pay-
ments applicable to such grantee; and 
‘‘(iii) if excess amounts under clause 
(ii) are identified after the period of per-
formance or after the closeout of the 
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award, remit such amounts to the Sec-
retary to be credited to the Fund. 
‘‘(C) FAILURE TO COMPLY.—Any grantee 
provided funds under this section or from prior 
Appropriations Acts under the heading ‘Com-
munity Development Fund’ for purposes related 
to major disasters that fails to comply with sec-
tion 312 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 
5155) or fails to satisfy penalties to resolve a 
duplication of benefits shall be subject to rem-
edies for noncompliance under section 111, un-
less the Secretary publishes a determination in 
the Federal Register that it is not in the best 
interest of the Federal Government to pursue 
remedial actions. 
‘‘(i) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—In administering grants 
under this section, the Secretary may waive, or 
specify alternative requirements for, any provision of 
any statute or regulation that the Secretary admin-
isters in connection with the obligation by the Sec-
retary or the use by the grantee of those funds (ex-
cept for requirements related to fair housing, non-
discrimination, labor standards, the environment, 
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192 
and the requirements of this section that do not ex-
pressly authorize modifications by waiver or alter-
native requirement), if the Secretary makes a public 
finding that good cause exists for the waiver or al-
ternative requirement. 
‘‘(2) EFFECTIVE
DATE.—A waiver or alter-
native requirement described in paragraph (1) shall 
not take effect before the date that is 5 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 
Register. 
‘‘(3) PUBLIC
NOTIFICATION.—The Secretary 
shall notify the public of all waivers or alternative 
requirements described in paragraph (1) in accord-
ance with the requirements of section 7(q)(3) of the 
Department of Housing and Urban Development 
Act (42 U.S.C. 3535(q)(3)). 
‘‘(j) UNUSED AMOUNTS.— 
‘‘(1) DEADLINE TO USE AMOUNTS.—A grantee 
under this section shall use an amount equal to the 
grant within 6 years beginning on the date on which 
the Secretary obligates the amounts to the grantee, 
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as such period may be extended under paragraph 
(4). 
‘‘(2) RECAPTURE.—The Secretary shall recap-
ture and credit to the Fund any amount that is un-
used by a grantee under this section upon the earlier 
of— 
‘‘(A) 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 (c); or 
‘‘(B) the expiration of the 6-year period 
described in paragraph (1), as such period may 
be extended under paragraph (4). 
‘‘(3) RETENTION OF FUNDS.—Notwithstanding 
paragraph (1), the Secretary— 
‘‘(A) shall allow a grantee under this sec-
tion to retain amounts needed to close out 
grants; and 
‘‘(B) may allow a grantee under this sec-
tion to retain up to 10 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 planning. 
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‘‘(4) EXTENSION
OF
PERIOD
FOR
USE
OF 
FUNDS.—The Secretary may extend the 6-year pe-
riod described in paragraph (1) by not more than 4 
years, or not more than 6 years for mitigation activi-
ties, if— 
‘‘(A) the grantee submits to the Sec-
retary— 
‘‘(i) written documentation of the exi-
gent circumstances impacting the ability of 
the grantee to expend funds that could not 
be anticipated; or 
‘‘(ii) a justification that such request 
is necessary due to the nature and com-
plexity of the program and projects; and 
‘‘(B) the Secretary submits a written jus-
tification for the extension to the Committee on 
Appropriations and the Committee on Banking, 
Housing, and Urban Affairs of the Senate and 
the Committee on Appropriations and the Com-
mittee on Financial Services of the House of 
Representatives that specifies the period of that 
extension. 
‘‘(k) DEFINITION.—In this section, the term ‘Indian 
tribe’ has the meaning given the term in section 4 of the 
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Native American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4103).’’. 
(e) REGULATIONS.— 
(1) PROPOSED RULES.—Following consultation 
with the Federal Emergency Management Agency, 
the Small Business Administration, and other Fed-
eral agencies, not later than 6 months after the date 
of enactment of this Act, the Secretary shall issue 
proposed rules to carry out this Act and the amend-
ments made by this Act and shall provide a 90-day 
period for submission of public comments on those 
proposed rules. 
(2) FINAL RULES.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall issue final regulations to carry out section 124 
of the Housing and Community Development Act of 
1974, as added by subsection (d). 
(f) COORDINATION OF DISASTER RECOVERY ASSIST-
ANCE, BENEFITS, AND DATA WITH OTHER FEDERAL 
AGENCIES.— 
(1) COORDINATION OF DISASTER RECOVERY AS-
SISTANCE.—In order to ensure a comprehensive ap-
proach to Federal disaster relief, long-term recovery, 
restoration of housing and infrastructure, economic 
revitalization, and mitigation in the most impacted 
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and distressed areas resulting from a catastrophic 
major disaster, the Secretary shall coordinate with 
the Federal Emergency Management Agency, to the 
greatest extent practicable, in the implementation of 
assistance authorized under section 124 of the 
Housing and Community Development Act of 1974, 
as added by subsection (d). 
(2) DATA SHARING AGREEMENTS.—To support 
the coordination of data to prevent duplication of 
benefits with other Federal disaster recovery pro-
grams while also expediting recovery and reducing 
burden on disaster survivors, the Department shall 
establish data sharing agreements that safeguard 
privacy with relevant Federal agencies to ensure dis-
aster benefits effectively and efficiently reach in-
tended beneficiaries, while using effective means of 
preventing harm to people and property. 
(3) DATA TRANSFER FROM FEMA AND SBA TO 
HUD.—As permitted and deemed necessary for effi-
cient program execution, and consistent with a com-
puter matching agreement entered into under para-
graph (6)(A), the Administrator of the Federal 
Emergency Management Agency and the Adminis-
trator of the Small Business Administration shall 
provide data on disaster applicants to the Depart-
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ment, including, when necessary, personally identifi-
able information, disaster recovery needs, and re-
sources determined eligible for, and amounts ex-
pended, to the Secretary for all major disasters de-
clared by the President pursuant to section 401 of 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170) for the purpose of 
providing additional assistance to disaster survivors 
and prevent duplication of benefits. 
(4) DATA
TRANSFERS
FROM
HUD
TO
HUD 
GRANTEES.—The Secretary is authorized to provide 
to grantees under section 124 of the Housing and 
Community Development Act of 1974, as added by 
subsection (d), offices of the Department, technical 
assistance providers, and lenders information that in 
the determination of the Secretary is reasonably 
available and appropriate to inform the provision of 
assistance after a major disaster, including informa-
tion provided to the Secretary by the Administrator 
of the Federal Emergency Management Agency, the 
Administrator of the Small Business Administration, 
or other Federal agencies. 
(5) DATA TRANSFERS FROM HUD GRANTEES TO 
HUD, FEMA, AND SBA.— 
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204 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2), as so redesignated, 
by striking ‘‘section 224’’ and inserting ‘‘section 
223’’. 
(f) REFORM OF HOMEOWNERSHIP RESALE RESTRIC-
TIONS.—Section 215 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12745), as amended 
by this section, is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by redesignating 
subparagraphs (A), (B), and (C) as clauses (i), 
(ii), and (iii), respectively, and adjusting the 
margins accordingly; 
(B) by striking paragraph (3); 
(C) by redesignating paragraphs (1), (2), 
and (4) as subparagraphs (A), (B), and (D), re-
spectively, and adjusting the margins accord-
ingly; 
(D) by inserting after subparagraph (B), 
as so redesignated, the following: 
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205 
‘‘(C) is subject to restrictions that are es-
tablished by the participating jurisdiction and 
determined by the Secretary to be appropriate, 
including with respect to the useful life of the 
property, to— 
‘‘(i) require that any subsequent pur-
chase of the property be— 
‘‘(I) only by a person who meets 
the qualifications specified under sub-
paragraph (B); and 
‘‘(II) at a price that is deter-
mined by a formula or method estab-
lished by the participating jurisdiction 
that provides the owner with a reason-
able return on investment, which may 
include a percentage of the cost of 
any improvements; or 
‘‘(ii) recapture the investment pro-
vided under this title in order to assist 
other persons in accordance with the re-
quirements of this title, except where there 
are no net proceeds or where the net pro-
ceeds are insufficient to repay the full 
amount of the assistance; and’’; 
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