‘‘(F) PROTECTION OF PERSONALLY IDENTI-
FIABLE
INFORMATION.—In carrying out this 
paragraph, the Secretary shall take such actions 
as may be necessary to ensure that personally 
identifiable information regarding recipients of 
assistance provided from funds made available 
under this section is not made publicly available 
by the Department of Housing and Urban Devel-
opment or any agency with which information is 
shared pursuant to this paragraph. 
‘‘(c) PLAN FOR USE OF ASSISTANCE.— 
‘‘(1) REQUIREMENT.—Not later than 120 days 
after the allocation pursuant to subsection (b)(1)(B) 
of the funds made available by an appropriations Act 
for assistance under this section and before the Sec-
retary obligates any of such funds for a grantee, the 
grantee shall submit a plan to the Secretary for ap-
proval detailing the proposed use of all funds, which 
shall include, at a minimum— 
‘‘(A) criteria for eligibility and a descrip-
tion of how the use of such funds will address 
disaster relief, resiliency, long-term recovery and 
restoration of infrastructure and housing, and 
mitigation and economic revitalization in the 
most impacted and distressed areas; 
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‘‘(B) identification of officials and offices 
responsible for administering such funds and 
identifying and recovering duplicate benefits; 
‘‘(C) an agreement to share data with Fed-
eral agencies and other providers of disaster re-
lief, which shall include information the grantee 
has regarding the matters described in subpara-
graph (B); and 
‘‘(D) a plan for ensuring compliance with 
the Fair Housing Act, which may include pro-
viding for partnerships with local fair housing 
organizations and funding set-aside for local fair 
housing organizations to handle complaints re-
lating to assistance with amounts made avail-
able for use under this section. 
‘‘(2) APPROVAL.—The Secretary shall, by regula-
tion, specify criteria for approval of plans under 
paragraph (1), including approval of substantial 
amendments to such plans. 
‘‘(3) DISAPPROVAL.—The Secretary shall dis-
approve a plan or substantial amendment to a plan 
if— 
‘‘(A) the Secretary determines that a plan 
or substantial amendment does not meet the ap-
proval criteria; 
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‘‘(B) the Secretary determines, based on 
damage and unmet needs assessments of the Sec-
retary and the Federal Emergency Management 
Administration or such other information as 
may be available, that the plan or amendment 
does not provide for equitable allocation of re-
sources— 
‘‘(i) between infrastructure and hous-
ing projects; or 
‘‘(ii) between homeowners, renters, and 
persons experiencing homelessness; 
‘‘(C) the Secretary determines that the plan 
does not provide a credible plan for ensuring 
compliance with the Fair Housing Act; or 
‘‘(D) the Secretary determines that the plan 
does not prioritize the one-for-one replacement of 
public housing and other federally subsidized 
housing that provides affordable housing for the 
lowest income households. 
‘‘(4) RESUBMISSION.—The Secretary shall per-
mit a grantee to revise and resubmit disapproved 
plans. 
‘‘(5) TIMING.—The Secretary shall approve or 
disapprove a plan not later than 120 days after sub-
mission of the plan to the Secretary. 
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‘‘(d) FINANCIAL CONTROLS.— 
‘‘(1) COMPLIANCE SYSTEM.—The Secretary shall 
develop and maintain a system to ensure that each 
grantee has in place— 
‘‘(A) proficient financial controls and pro-
curement processes; 
‘‘(B) adequate procedures to ensure that all 
eligible families and individuals are approved 
for assistance with amounts made available 
under this section and that recipients are pro-
vided the full amount of assistance for which 
they are eligible; 
‘‘(C) adequate procedures to prevent any 
duplication of benefits, as defined by section 312 
of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155), to 
ensure timely expenditure of funds, and to detect 
and prevent waste, fraud, and abuse of funds; 
and 
‘‘(D) adequate procedure to ensure the 
grantee will maintain comprehensive and pub-
licly accessible websites that make available in-
formation regarding all disaster recovery activi-
ties assisted with such funds, which information 
shall include— 
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‘‘(i) full and unredacted copies of all 
requests for qualification for assistance or 
for procurement with such funds, however 
styled; 
‘‘(ii) all responses to such requests; 
‘‘(iii) the identity of any individual or 
entity that reviews, evaluates, scores, or oth-
erwise influences or determines the disposi-
tion of such requests; 
‘‘(iv) all reports, however styled, con-
taining the reviewing individual or entity’s 
scores, findings; and conclusions regarding 
such requests; and 
‘‘(v) any resulting contract, agreement, 
or other disposition of such requests; 
except that such procedures shall ensure that per-
sonally identifiable information regarding re-
cipients of assistance provided from funds made 
available under this section shall not be made 
publically available. 
‘‘(2) CERTIFICATION.—As a condition of making 
any grant, the Secretary shall certify in advance that 
the grantee has in place the processes and procedures 
required under subparagraphs (A) and (B) of para-
graph (1). 
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‘‘(e) USE OF FUNDS.— 
‘‘(1) ADMINISTRATIVE COSTS.— 
‘‘(A) IN GENERAL.—A State, unit of general 
local government, or Indian tribe receiving a 
grant under this section may use not more than 
10 percent of the amount of grant funds received, 
or not more than such other percentage as may 
be established pursuant to subparagraph (B), for 
administrative costs and shall document the use 
of funds for such purpose in accordance with 
such requirements as the Secretary shall estab-
lish. 
‘‘(B) DISCRETION TO ESTABLISH SLIDING 
SCALE.—The Secretary may establish a series of 
percentage limitations on the amount of grant 
funds received that may be used by a grantee for 
administrative costs, but only if— 
‘‘(i) such percentage limitations are 
based on the amount of grant funds received 
by a grantee; 
‘‘(ii) such series provides that the per-
centage that may be so used is lower for 
grantees receiving a greater amount of 
grant funds and such percentage that may 
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be so used is higher for grantees receiving a 
lesser amount of grant funds; and 
‘‘(iii) in no case may a grantee so use 
more than 10 percent of grant funds re-
ceived. 
‘‘(2) LIMITATION
ON
USE.—Amounts from a 
grant under this section may not be used for activities 
reimbursable by, or for which funds are made avail-
able by— 
‘‘(A) the Federal Emergency Management 
Agency, including under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act or 
the National Flood Insurance Program; or 
‘‘(B) the Army Corps of Engineers. 
‘‘(3) HUD ADMINISTRATIVE COSTS.— 
‘‘(A) LIMITATION.—Of any funds made 
available for use under this section by any single 
appropriations Act, the Secretary may use 0.5 
percent 
of 
any 
such 
amount 
exceeding 
$1,000,000,000 for necessary costs, including in-
formation technology costs, of administering and 
overseeing the obligation and expenditure of 
amounts made available for use under this sec-
tion. 
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‘‘(B) TRANSFER OF FUNDS.—Any amounts 
made available for use in accordance with sub-
paragraph (A) shall— 
‘‘(i) be transferred to the account for 
‘Program Office Salaries and Expenses— 
Community Planning and Development’ for 
the Department; 
‘‘(ii) shall remain available until ex-
pended; and 
‘‘(iii) may be used for such adminis-
trative costs for administering any funds 
appropriated to the Department for any 
disaster and related purposes in any prior 
or future Act making funds available for use 
under this section, notwithstanding the dis-
aster for which such funds were appro-
priated. 
‘‘(4) INSPECTOR GENERAL.—Of any funds made 
available for use in accordance with paragraph 
(3)(A), 10 percent shall be transferred to the Office of 
the Inspector General for necessary costs of audits, re-
views, oversight, evaluation, and investigations relat-
ing to amounts made available for use under this sec-
tion. 
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‘‘(5) CAPACITY BUILDING.—Of any funds made 
available for use under this section, not more than 0.1 
percent or $15,000,000, whichever is less, shall be 
made available for capacity building and technical 
assistance, including assistance regarding contracting 
and procurement processes, to support grantees and 
subgrantees receiving funds under this section. 
‘‘(6) COMPLIANCE WITH STORM WATER PROTEC-
TIONS.—The Secretary shall provide that no funds 
made available under this section may be used for 
construction, repair, or rehabilitation of any infra-
structure unless the infrastructure assisted complies 
with any minimum standards for protection from 
floods and stormwaters, including the Federal Flood 
Risk Management Standards of the Federal Emer-
gency Management Agency. 
‘‘(7) FLOOD RISK MITIGATION.— 
‘‘(A) REQUIREMENTS.—Subject to subpara-
graph (B), the Secretary shall require that any 
structure that is located in an area having spe-
cial flood hazards and that is newly constructed, 
for which substantial damage is repaired, or that 
is substantially improved, using amounts made 
available under this section, shall be elevated 
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with the lowest floor, including the basement, at 
least two feet above the base flood level. 
‘‘(B) MULTIFAMILY HOUSING.—In the case 
of structures consisting of multifamily housing, 
the Secretary, in consultation with the Adminis-
trator of the Federal Emergency Management 
Agency, shall provide for alternative forms of 
mitigation (in addition to elevation) and shall 
exempt from the requirement under subpara-
graph (A) any such structure that meets the 
standards for such an alternative form of mitiga-
tion. 
‘‘(C) DEFINITIONS.—For purposes of sub-
paragraph (A), the terms ‘area having special 
flood hazards’, ‘newly constructed’, ‘substantial 
damage’, ‘substantial improvement’, and ‘base 
flood level’ have the same meanings as under the 
Flood Disaster Protection Act of 1973 and the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.). 
‘‘(f) 
ADMINISTRATION.—In 
administering 
any 
amounts made available for assistance under this section, 
the Secretary— 
‘‘(1) may not allow a grantee to use any such 
amounts for any purpose other than the purpose ap-
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proved by the Secretary in the plan submitted under 
subsection (c)(1) to the Secretary for use of such 
amounts; 
‘‘(2) may not permit a grantee to amend a plan 
to retroactively approve a beneficiary’s use of funds 
for an eligible activity other than an activity for 
which the funds were originally approved in the plan; 
and 
‘‘(3) shall prohibit a grantee from delegating, by 
contract or otherwise, the responsibility for inherent 
government functions. 
‘‘(g) TRAINING FOR GRANT MANAGEMENT FOR SUB-
GRANTEES.—The Secretary shall require each grantee to 
provide ongoing training to all staff and subgrantees. 
‘‘(h) PROCUREMENT PROCESSES
AND PROCEDURES 
FOR STATES.— 
‘‘(1) STATE PROCESSES AND PROCEDURES.—In 
procuring property or services to be paid for in whole 
or in part with amounts from a grant under this sec-
tion, a State shall— 
‘‘(A) follow its own procurement processes 
and procedures, but only if the Secretary makes 
a determination that such processes and proce-
dures comply with the requirements under para-
graph (2); or 
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‘‘(B) comply with such processes and proce-
dures as the Secretary shall, by regulation, estab-
lish for purposes of this section. 
‘‘(2) REQUIREMENTS.—The requirements under 
this paragraph with respect to the procurement proc-
esses and procedures of a State are that such processes 
and procedures shall— 
‘‘(A) provide for full and open competition 
and require cost or price analysis; 
‘‘(B) include requirements for procurement 
policies and procedures for subgrantees, based on 
full and open competition; 
‘‘(C) specify methods of procurement and 
their applicability, but not allow for cost-plus-a- 
percentage-of cost or percentage-of-construction- 
cost methods of procurement; 
‘‘(D) include standards of conduct gov-
erning employees engaged in the award or ad-
ministration of contracts; 
‘‘(E) ensure that all purchase orders and 
contracts include any clauses required by Fed-
eral Statute, Executive Order, or implementing 
regulation. 
‘‘(3) NONCOMPLIANCE.—In the case of a State 
for which the Secretary finds pursuant to paragraph 
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(1)(A) that its procurement processes and procedures 
do not comply with paragraph (2), the Secretary 
shall— 
‘‘(A) provide the State with specific written 
notice of the elements of noncompliance and the 
changes necessary to such processes and proce-
dures to provide for compliance; 
‘‘(B) provide the State a reasonable period 
of time to come into compliance; and 
‘‘(C) during such period allow the State to 
proceed with procuring property and services 
paid for in whole or in part with amounts from 
a grant under this section in compliance with 
the procurement processes and procedures of the 
State, but only if the Secretary determines the 
State is making a good faith effort to effectuate 
compliance with the requirements of paragraph 
(2). 
‘‘(i) TREATMENT OF CDBG ALLOCATIONS.—Amounts 
made available for use under this section shall not be con-
sidered relevant to the non-disaster formula allocations 
made pursuant to section 106 of this title (42 U.S.C. 5306). 
‘‘(j) WAIVERS.— 
‘‘(1) AUTHORITY.—Subject to the other provi-
sions of this section, in administering amounts made 
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available for use under this section, the Secretary 
may waive, or specify alternative requirements for, 
any provision of any statute or regulation that the 
Secretary administers in connection with the obliga-
tion by the Secretary or the use by the recipient of 
such funds (except for requirements related to fair 
housing, nondiscrimination, labor standards, and the 
environment and except for the requirements of this 
section), if the Secretary makes a public finding that 
good cause exists for the waiver or alternative require-
ment and such waiver or alternative requirement 
would not be inconsistent with the overall purpose of 
this title. 
‘‘(2) NOTICE AND PUBLICATION.—Any waiver of 
or alternative requirement pursuant to paragraph (1) 
shall not take effect before the expiration of the 5-day 
period beginning upon the publication of notice in the 
Federal Register of such waiver or alternative require-
ment. 
‘‘(3) LOW- AND
MODERATE-INCOME
USE.—A 
waiver pursuant to paragraph (1) may not reduce the 
percentage of funds that must be used for activities 
that benefit persons of low and moderate income to 
less than 70 percent, unless the Secretary specifically 
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finds that there is compelling need to further reduce 
the percentage requirement. 
‘‘(4) PROHIBITION.—The Secretary may not 
waive any provision of this section pursuant to the 
authority under paragraph (1). 
‘‘(k) ENVIRONMENTAL REVIEW.— 
‘‘(1) 
ADOPTION.—Notwithstanding 
subsection 
(j)(1), recipients of funds provided under this section 
that use such funds to supplement Federal assistance 
provided under section 402, 403, 404, 406, 407, 
408(c)(4), 428, or 502 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.) may adopt, without review or public 
comment, any environmental review, approval, or 
permit performed by a Federal agency, and such 
adoption shall satisfy the responsibilities of the recipi-
ent with respect to such environmental review, ap-
proval, or permit under section 104(g)(1) of this title 
(42 U.S.C. 5304(g)(1)). 
‘‘(2) RELEASE OF FUNDS.—Notwithstanding sec-
tion 104(g)(2) of this title (42 U.S.C. 5304(g)(2)), the 
Secretary may, upon receipt of a request for release 
of funds and certification, immediately approve the 
release of funds for an activity or project assisted 
with amounts made available for use under this sec-
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tion if the recipient has adopted an environmental re-
view, approval or permit under paragraph (1) or the 
activity or project is categorically excluded from re-
view under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(l) COLLECTION
OF
INFORMATION; AUDITS
AND 
OVERSIGHT.— 
‘‘(1) COLLECTION OF INFORMATION.—For each 
major disaster for which assistance is made available 
under this section, the Secretary shall collect informa-
tion regarding all recovery efforts so assisted and 
shall make such information available to the public 
and to the Inspector General for the Department of 
Housing and Urban Development, and shall report to 
the Congress regarding such efforts. Information col-
lected and reported shall be disaggregated by race, ge-
ography, and all protected classes of individuals 
under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, the Americans with Dis-
abilities Act of 1990, the Fair Housing Act, the Civil 
Rights Act of 1964, and other civil rights and non-
discrimination protections. In carrying out this para-
graph, the Secretary shall take such actions as may 
be necessary to ensure that personally identifiable in-
formation regarding recipients of assistance provided 
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from funds made available under this section shall 
not made publicly available. 
‘‘(2) AUDITS
AND
OVERSIGHT.—In conducting 
audits, reviews, oversight, evaluation, and investiga-
tions, in addition to activities designed to prevent 
and detect waste, fraud, and abuse, the Inspector Gen-
eral shall review programs of grantees under this sec-
tion for providing disaster relief and recovery assist-
ance to ensure such programs fulfill their purposes 
and serve all eligible applicants for disaster relief or 
recovery assistance. 
‘‘(m) PRE-CERTIFICATION FOR UNITS OF GENERAL 
LOCAL GOVERNMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a program under this subsection to provide for 
units of general local government to pre-certify as eli-
gible grantees for assistance under this section. 
‘‘(2) REQUIREMENTS.—To be eligible for pre-cer-
tification under the program under this subsection a 
unit of general local government shall— 
‘‘(A) demonstrate to the satisfaction of the 
Secretary compliance with the requirements of 
this section; and 
‘‘(B) have previously received assistance as 
a grantee or subgrantee under this section, or 
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