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the plan enters into a memorandum of understanding
under this subsection with the Community Enterprise
Board.
(2) A memorandum of understanding under this sub-
section shall specify all understandings that have been
reached by the Community Enterprise Board, the local gov-
ernment, and each qualified organization that is subject to
a local flexibility plan, regarding the approval and imple-
mentation of all parts of a local flexibility plan that are
the subject of the memorandum, including understandings
with respect to—
(A) all requirements under covered Federal as-
sistance programs that are to be waived by the Com-
munity Enterprise Board under section 1109(b);
(B)(i) the total amount of Federal funds that
shall be provided as benefits under or used to admin-
ister covered Federal assistance programs included in
those parts; or
(ii) a mechanism for determining that amount,
including specification of the total amount of Federal
funds that shall be provided or used under each cov-
ered Federal assistance program included in those
parts;
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(C) the sources of all non-Federal funds that
shall be provided as benefits under or used to admin-
ister those parts;
(D) measurable performance criteria that shall
be used during the term of those parts to determine
the extent to which the goals and performance levels
of the parts are achieved; and
(E) the data to be collected to make that deter-
mination.
(d) LIMITATION
ON
CONFIDENTIALITY
REQUIRE-
MENTS.—The Community Enterprise Board may not, as a
condition of approval of any part of a local flexibility plan
or with respect to the implementation of any part of an
approved local flexibility plan, establish any confidentiality
requirement that would—
(1) impede the exchange of information needed
for the design or provision of benefits under the parts;
or
(2) conflict with law.
SEC. 1109. IMPLEMENTATION OF APPROVED LOCAL FLEXI-
BILITY PLANS; WAIVER OF REQUIREMENTS.
(a) PAYMENTS AND ADMINISTRATION IN ACCORDANCE
WITH PLAN.—Notwithstanding any other law, any benefit
that is provided under a covered Federal assistance pro-
gram included in an approved local flexibility plan shall
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be paid and administered in the manner specified in the
approved local flexibility plan.
(b) WAIVER OF REQUIREMENTS.—(1) Notwithstand-
ing any other law and subject to paragraphs (2) and (3),
the Community Enterprise Board may waive any require-
ment applicable under Federal law to the administration
of, or provision of benefits under, any covered Federal as-
sistance program included in an approved local flexibility
plan, if that waiver is—
(A) reasonably necessary for the implementation
of the plan; and
(B) approved by a majority of members of the
Community Enterprise Board.
(2) The Community Enterprise Board may not waive
a requirement under this subsection unless the Board finds
that waiver of the requirement shall not result in a quali-
tative reduction in services or benefits for any individual
or family that is eligible for benefits under a covered Fed-
eral assistance program.
(3) The Community Enterprise Board may not waive
any requirement under this subsection—
(A) that enforces any constitutional or statutory
right of an individual, including any right under—
(i) title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.);
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(ii) section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.);
(iii) title IX of the Education Amendments
of 1972 (86 Stat. 373 et seq.);
(iv) the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.); or
(v) the Americans with Disabilities Act of
1990;
(B) for payment of a non-Federal share of fund-
ing of an activity under a covered Federal assistance
program; or
(C) for grants received on a maintenance of ef-
fort basis.
(c) SPECIAL ASSISTANCE.—To the extent permitted by
law, the head of each Federal agency shall seek to provide
special assistance to a local government or qualified organi-
zation to support implementation of an approved local
flexibility plan, including expedited processing, priority
funding, and technical assistance.
(d) EVALUATION AND TERMINATION.—(1) A local gov-
ernment, in accordance with regulations issued by the Com-
munity Enterprise Board, shall—
(A) submit such reports on and cooperate in such
audits of the implementation of its approved local
flexibility plan; and
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(B) periodically evaluate the effect implementa-
tion of the plan has had on—
(i) individuals who receive benefits under
the plan;
(ii) communities in which those individuals
live; and
(iii) costs of administering covered Federal
assistance programs included in the plan.
(2) No later than 90 days after the end of the 1-year
period beginning on the date of the approval by the Commu-
nity Enterprise Board of an approved local flexibility plan
of a local government, and annually thereafter, the local
government shall submit to the Community Enterprise
Board a report on the principal activities and achievements
under the plan during the period covered by the report,
comparing those achievements to the goals and performance
criteria included in the plan under section 1107(c)(3).
(3)(A) If the Community Enterprise Board, after con-
sultation with the head of each Federal agency responsible
for administering a covered Federal assistance program in-
cluded in an approved local flexibility plan of a local gov-
ernment, determines—
(i) that the goals and performance criteria in-
cluded in the plan under section 1107(c)(3) have not
been met; and
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(ii) after considering any experiences gained in
implementation of the plan, that those goals and cri-
teria are sound;
the Community Enterprise Board may terminate the effec-
tiveness of the plan.
(B) In terminating the effectiveness of an approved
local flexibility plan under this paragraph, the Community
Enterprise Board shall allow a reasonable period of time
for appropriate Federal, State, and local agencies and
qualified organizations to resume administration of Federal
programs that are covered Federal assistance programs in-
cluded in the plan.
(e) FINAL REPORT; EXTENSION OF PLANS.—(1) No
later than 45 days after the end of the effective period of
an approved local flexibility plan of a local government,
or at any time that the local government determines that
the plan has demonstrated its worth, the local government
shall submit to the Community Enterprise Board a final
report on its implementation of the plan, including a full
evaluation of the successes and shortcomings of the plan and
the effects of that implementation on individuals who re-
ceive benefits under those programs.
(2) The Community Enterprise Board may extend the
effective period of an approved local flexibility plan for such