[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2301 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2301

To authorize the Secretary of Housing and Urban Development to provide 
 disaster assistance to States, insular areas, units of general local 
government, and Indian tribes under a community development block grant 
           disaster recovery program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2019

 Mr. Schatz (for himself and Mr. Young) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Housing and Urban Development to provide 
 disaster assistance to States, insular areas, units of general local 
government, and Indian tribes under a community development block grant 
           disaster recovery program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reforming Disaster Recovery Act''.

SEC. 2. OFFICE OF DISASTER RECOVERY AND RESILIENT COMMUNITIES.

    (a) Establishment.--The Secretary of Housing and Urban Development 
shall establish, within the Office of Community Planning and 
Development of the Department of Housing and Urban Development, the 
Office of Disaster Recovery and Resilient Communities (in this section 
referred to as the ``Office'').
    (b) Duties.--The Office shall be responsible for--
            (1) coordinating with the Office of Policy Development and 
        Research of the Department of Housing and Urban Development on 
        needed research to develop necessary curriculum and policy to 
        build community resiliency, restore housing and infrastructure, 
        and stimulate economic revitalization to support the recovery 
        of low- to moderate-income individuals;
            (2) coordinating with relevant Department of Housing and 
        Urban Development program offices to support the incorporation 
        of community resiliency planning and implementation across all 
        department-supported program activities;
            (3) leading and coordinating Department of Housing and 
        Urban Development activities under the Housing Recovery Support 
        Function of the National Disaster Recovery Framework;
            (4) coordinating Department of Housing and Urban 
        Development interagency disaster recovery support activities, 
        including those related to housing, economic development, 
        infrastructure, and community planning and capacity building;
            (5) providing annual and periodic disaster mitigation and 
        recovery training, incorporating Federal best practices, to 
        regional and field offices of the Department of Housing and 
        Urban Development; and
            (6) providing technical assistance to entities that are 
        eligible to receive disaster recovery assistance under title I 
        of the Housing and Community Development Act of 1974 (42 U.S.C. 
        5301 et seq.) and that demonstrate capacity constraints.
    (c) Divisions.--The Office shall contain--
            (1) the Resiliency Division, which shall--
                    (A) develop, coordinate, and maintain the capacity 
                for disaster resilience and recovery of recipients of 
                grants from the Department of Housing and Urban 
                Development;
                    (B) coordinate and operationalize research and 
                policies of the Department of Housing and Urban 
                Development to assist areas in community resiliency 
                planning, including--
                            (i) hazard mitigation and adaptive land use 
                        planning;
                            (ii) establishing and carrying out 
                        enforcement activities and implementing the 
                        latest published editions of relevant 
                        consensus-based codes, specifications, and 
                        standards that incorporate the latest resilient 
                        designs and establish minimum acceptable 
                        criteria for the design, construction, and 
                        maintenance of residential structures and 
                        facilities that may be eligible for assistance 
                        under this Act for the purpose of protecting 
                        the health, safety, and general welfare of the 
                        buildings' users against disasters; and
                            (iii) sustainable infrastructure 
                        investments; and
                    (C) assist areas in the development of action plans 
                under section 123 of the Housing and Community 
                Development Act of 1974, as added by section 3 of this 
                Act; and
            (2) the Recovery Division, which shall oversee the disaster 
        recovery policy and response of the Department of Housing and 
        Urban Development.

SEC. 3. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM.

    (a) In General.--Title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.) is amended--
            (1) in section 104(b) (42 U.S.C. 5304(b)), by inserting 
        ``or 123'' after ``106'' each place that term appears; and
            (2) by adding at the end the following:

``SEC. 123. CDBG-DISASTER RECOVERY ASSISTANCE.

    ``(a) Definitions.--In this section--
            ``(1) the term `eligible entity' means--
                    ``(A) a State;
                    ``(B) an insular area;
                    ``(C) a unit of general local government; and
                    ``(D) an Indian tribe;
            ``(2) the terms `homeless' and `at risk of homelessness' 
        have the meanings given those terms in sections 103 and 401, 
        respectively, of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11302, 11360; and
            ``(3) the term `public housing agency' has the meaning 
        given the term in section 3(b) of the United States Housing Act 
        of 1937.
    ``(b) Authority; Use.--
            ``(1) In general.--The Secretary shall provide assistance 
        under this section to eligible entities for necessary expenses 
        for activities authorized under this title related to disaster 
        relief, resiliency, long-term recovery, restoration of 
        infrastructure and housing, mitigation, and economic 
        revitalization in the most impacted and distressed areas 
        resulting from a major disaster declared pursuant to the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
            ``(2) Allocation for mitigation.--In determining the amount 
        allocated under this section for any grantee, the Secretary 
        shall include an additional amount for mitigation that is not 
        less than 45 percent of the amount allocated for such grantee 
        for unmet needs.
            ``(3) Other assistance.--The Secretary may provide an 
        appropriate amount of assistance to eligible entities outside 
        an area described in paragraph (1) that receives displaced 
        residents due to a major disaster declared pursuant to the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) for the purpose of carrying out 
        eligible activities to provide housing to and meet other 
        disaster recovery needs of those displaced residents.
            ``(4) Consideration.--In carrying out eligible activities 
        with assistance provided under this section, a grantee shall 
        prioritize activities that address housing recovery needs and 
        how to better recover from and withstand future disasters, 
        prolong the life of housing and infrastructure, use cost-
        effective means of preventing harm to people and property, 
        incorporate protective features, redundancies, energy savings, 
        and other measures that will assure the continuation of 
        critical services during future disasters.
    ``(c) Timing.--
            ``(1) Deadlines for allocation of amounts.--Except as 
        provided in paragraph (2), after the enactment of an 
        appropriations Act making funds available for assistance under 
        this section, the Secretary shall allocate for grantees, based 
        on the best available data--
                    ``(A) not less than one-third of funds provided for 
                assistance under this section, within 60 days of the 
                date of enactment of that Act; and
                    ``(B) all remaining unallocated funds to be awarded 
                to grantees, within 180 days of such date of enactment.
            ``(2) Inapplicability of deadlines based on insufficient 
        information.--The deadlines under paragraph (1) for allocation 
        of funds shall not apply in the case of funds made available 
        for assistance under this section until sufficient information 
        has been made available to the Secretary to determine unmet 
        recovery needs and make allocations in accordance with those 
        deadlines.
            ``(3) Obligation of amounts by the secretary.--Subject to 
        subsection (d)(1), the Secretary shall--
                    ``(A) obligate the amounts allocated for a grantee 
                over time in accordance with the approved plan of the 
                grantee;
                    ``(B) require the grantee to be in substantial 
                compliance with the requirements of this section before 
                the Secretary obligated additional amounts; and
                    ``(C) not later than 90 days after the date on 
                which the plan of the grantee is approved under 
                subsection (d), unless the Secretary makes a public 
                finding that good cause exists for a waiver of the 
                requirement, require the grantee to establish a direct 
                assistance program and begin processing applications 
                for--
                            ``(i) a program for homeless assistance for 
                        persons experiencing homelessness prior to or 
                        as a result of the major disaster declared 
                        pursuant to the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.);
                            ``(ii) a program for renter assistance; and
                            ``(iii) a program for homeowners 
                        assistance.
            ``(4) Coordination of disaster benefits and data with other 
        federal agencies.--
                    ``(A) Coordination with fema.--
                            ``(i) In general.--The Secretary and the 
                        Administrator of the Federal Emergency 
                        Management Agency shall share with each other, 
                        and make publicly available, any data collected 
                        or analyzed during the course of a disaster 
                        recovery for which assistance is provided under 
                        this section, including, with respect to each 
                        census tract, block group, or block--
                                    ``(I) all data on damage caused by 
                                the disaster;
                                    ``(II) information on how any 
                                Federal assistance provided in 
                                connection with the disaster is 
                                expended; and
                                    ``(III) information regarding the 
                                effect of the disaster on education, 
                                transportation capabilities and 
                                dependence, housing needs, 
                                displacement, health care, utilities, 
                                and other critical facilities.
                            ``(ii) Breakdown.--The data shared and made 
                        publicly available under clause (i) shall be 
                        broken down by the smallest census tract, block 
                        group, or block possible for the data set.
                    ``(B) Development of common application.--The 
                Secretary, the Administrator of the Federal Emergency 
                Management Agency, the Administrator of the Small 
                Business Administration, and the heads of other 
                appropriate agencies shall develop a common form--
                            ``(i) for the purpose of applying for 
                        individual disaster assistance from the 
                        Department of Housing and Urban Development, 
                        the Federal Emergency Management Agency, or the 
                        Small Business Administration; and
                            ``(ii) that can be used and shared by all 
                        agencies providing individual disaster 
                        assistance and by the grantees and subgrantees 
                        as necessary.
    ``(d) Plan for Use of Assistance.--
            ``(1) Requirement.--Not later than 120 days after the 
        allocation pursuant to subsection (c)(1)(B) of the funds made 
        available by an appropriations Act for assistance under this 
        section, and before the Secretary obligates any of such funds 
        for a grantee, the grantee shall submit a plan to the Secretary 
        for approval detailing the proposed use of all funds, which 
        shall include, at a minimum--
                    ``(A) criteria for eligibility for each proposed 
                use of funds, including eligibility limits on income 
                and geography, and a description of how the use of such 
                funds will--
                            ``(i) address unmet needs relating to 
                        disaster relief, resiliency, long-term recovery 
                        and restoration of infrastructure and housing, 
                        and mitigation and economic revitalization in 
                        the most impacted and distressed areas; and
                            ``(ii) provide assistance to impacted 
                        households experiencing homelessness or at risk 
                        of homelessness;
                    ``(B) identification of officials and offices 
                responsible for administering such funds and 
                identifying and recovering duplicative benefits;
                    ``(C) an agreement to share data with Federal 
                agencies and other providers of disaster relief, which 
                shall include information the grantee has regarding the 
                matters described in subparagraph (B); and
                    ``(D) a plan to provide case management services to 
                disaster-impacted residents in identifying, 
                understanding, and accessing available Federal 
                assistance.
            ``(2) Public consultation.--In developing the plan required 
        under paragraph (1), a grantee shall, at a minimum--
                    ``(A) consult with affected residents, 
                stakeholders, local governments, and public housing 
                authorities to assess needs;
                    ``(B) publish the plan in accordance with the 
                requirements set forth by the Secretary, including a 
                requirement to prominently post the plan on the website 
                of the grantee for not less than 14 days;
                    ``(C) ensure equal access for individuals with 
                disabilities and individuals with limited English 
                proficiency; and
                    ``(D) publish the plan in a manner that affords 
                residents, affected local governments, and other 
                interested parties a reasonable opportunity to examine 
                the contents of the plan and provide feedback.
            ``(3) Approval.--The Secretary shall, by regulation, 
        specify criteria for the approval of a plan submitted under 
        paragraph (1), including approval of substantial amendments to 
        the plan.
            ``(4) Disapproval.--The Secretary shall disapprove a plan 
        or substantial amendment to a plan submitted under paragraph 
        (1) if--
                    ``(A) a plan or substantial amendment does not meet 
                the approval criteria;
                    ``(B) based on damage and unmet needs assessments 
                of the Secretary and the Federal Emergency Management 
                Agency or such other information as may be available, 
                the plan or amendment does not provide for proportional 
                allocation of resources--
                            ``(i) between housing activities and 
                        infrastructure; or
                            ``(ii) between homeowners, renters, and 
                        persons experiencing homelessness;
                    ``(C) the plan does not provide a sufficient plan 
                for ensuring compliance with the Fair Housing Act (42 
                U.S.C. 3601 et seq.); or
                    ``(D) the plan does not prioritize preservation or 
                one-for-one replacement of public housing and other 
                federally subsidized housing that provides affordable 
                housing for the lowest income households.
            ``(5) Resubmission.--The Secretary shall permit a grantee 
        to revise and resubmit a plan that the Secretary disapproves 
        under paragraph (4).
            ``(6) Timing.--The Secretary shall approve or disapprove a 
        plan submitted under paragraph (1) not later than 90 days after 
        the date on which the plan is submitted to the Secretary.
    ``(e) 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 procurement 
                processes;
                    ``(B) adequate procedures to ensure that amounts 
                made available under this section provide the broadest 
                benefit possible to eligible families and individuals 
                that are approved for assistance;
                    ``(C) adequate procedures to--
                            ``(i) ensure timely expenditure of funds; 
                        and
                            ``(ii) detect and prevent waste, fraud, and 
                        abuse of funds; and
                    ``(D) adequate procedures to ensure the grantee 
                will maintain comprehensive and publicly accessible 
                websites that make available information regarding all 
                disaster recovery activities assisted with such funds, 
                which information shall include any resulting contract, 
                agreement, or other disposition of requests for 
                qualification of assistance or for procurement with 
                such funds.
            ``(2) Requirement.--The procedures described in paragraph 
        (1)(D) shall ensure that personally identifiable information 
        regarding recipients of assistance provided from funds made 
        available under this section shall not be made publicly 
        available.
            ``(3) 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 paragraph 
        (1).
    ``(f) Use of Funds.--
            ``(1) Administrative costs.--
                    ``(A) In general.--An eligible entity receiving a 
                grant under this section--
                            ``(i) may use not more than 5 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
                            ``(ii) shall document the use of funds for 
                        the purpose described in clause (i) in 
                        accordance with such requirements as the 
                        Secretary shall establish.
                    ``(B) Discretion to establish sliding scale.--The 
                Secretary may establish a series of percentage 
                limitations that may be used by a grantee for 
                administrative costs only if--
                            ``(i) the percentage limitations are based 
                        on the amount of grant funds received by a 
                        grantee;
                            ``(ii) the series provides that the 
                        percentage that may be so used is lower for 
                        grantees receiving a greater amount of grant 
                        funds and such percentage that may be 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 received.
            ``(2) 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 for necessary costs, including information 
                technology costs, of administering and overseeing the 
                obligation and expenditure of amounts made available 
                for use under this section.
                    ``(B) Transfer of funds.--Any amounts made 
                available for use in accordance with subparagraph (A)--
                            ``(i) shall be transferred to the account 
                        for `Program Office Salaries and Expenses--
                        Community Planning and Development' for the 
                        Department of Housing and Urban Development;
                            ``(ii) shall remain available until 
                        expended; and
                            ``(iii) may be used for such administrative 
                        costs for administering any funds appropriated 
                        to the Department of Housing and Urban 
                        Development for any disaster and related 
                        purposes in any prior or future Act making 
                        funds available for use under this section, 
                        notwithstanding the disaster for which such 
                        funds were appropriated.
            ``(3) Inspector general.--Of any funds made available for 
        use in accordance with paragraph (2)(A), 10 percent shall be 
        transferred to the Office of the Inspector General of the 
        Department of Housing and Urban Development for necessary costs 
        of audits, reviews, oversight, evaluation, and investigations 
        relating to amounts made available for use under this section.
            ``(4) Capacity building.--Of any funds made available for 
        use under this section, 2 percent may be made available for 
        capacity building and technical assistance to support grantees 
        and subgrantees receiving funds under this section.
            ``(5) Compliance with storm water protections.--
                    ``(A) In general.--The Secretary shall ensure that 
                any funds made available under this section for 
                construction, rehabilitation, or installation of any 
                infrastructure, including stormwater management 
                infrastructure, will advance long-term resilience to 
                natural hazards and be effective in protecting the 
                infrastructure from future damages for the expected 
                useful lifetime of the infrastructure.
                    ``(B) Coordination and continuation of services.--
                In approving funding for infrastructure, the Secretary 
                shall require a grantee to--
                            ``(i) describe how the activities described 
                        in subparagraph (A) will align with other 
                        planned State and local capital investments and 
                        help assure continuation of essential services, 
                        including services to low- and moderate-income 
                        households, individuals with disabilities, and 
                        other individuals with special needs; and
                            ``(ii) consider the use of both traditional 
                        and natural infrastructure alternatives, alone 
                        or in conjunction with each other, if those 
                        alternatives are practicable.
            ``(6) Flood risk mitigation.--
                    ``(A) Requirements.--Subject to subparagraph (B), 
                the Secretary shall require that any structure that is 
                located in an area having special flood hazards and 
                that is newly constructed or is undergoing 
                rehabilitation for substantial damage, for which 
                substantial damage is repaired, or that is 
                substantially improved, using amounts made available 
                under this section, shall be elevated with the lowest 
                floor, including the basement, at the higher of--
                            ``(i) 2 feet above the base flood level; or
                            ``(ii) any requirement set forth by the 
                        Administrator of the Federal Emergency 
                        Management Agency.
                    ``(B) Multifamily housing.--
                            ``(i) In general.--For rehabilitation of 
                        substantial damage or substantial improvement 
                        of multifamily housing, the Secretary may 
                        approve a proposal submitted by a grantee for 
                        an appropriate, cost-effective level of 
                        elevation above flood heights that is below the 
                        level described in subparagraph (A).
                            ``(ii) Contents.--A proposal submitted 
                        under clause (i) shall describe how the 
                        proposed level of elevation will functionally 
                        achieve flood protection similar to or greater 
                        than the requirement described in subparagraph 
                        (A) with an alternative form of mitigation to 
                        assure the safety of residents and property, if 
                        applicable.
    ``(g) 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 approved by the Secretary in 
        the plan submitted under subsection (d)(1) to the Secretary for 
        use of those 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 the final determination of 
        eligibility.
    ``(h) Training for Grant Management for Subgrantees.--The Secretary 
shall require each grantee to provide ongoing training to all staff and 
subgrantees.
    ``(i) Procurement Processes and Procedures for Grantees.--
            ``(1) Grantee processes and procedures.--In procuring 
        property or services to be paid for in whole or in part with 
        amounts from a grant under this section, a grantee shall--
                    ``(A) follow the procurement processes and 
                procedures of the grantee, but only if the Secretary 
                makes a determination that those processes and 
                procedures comply with the requirements under paragraph 
                (2); or
                    ``(B) comply with such processes and procedures as 
                the Secretary shall, by regulation, establish for 
                purposes of this section.
            ``(2) Requirements.--The requirements under this paragraph 
        with respect to the procurement processes and procedures of a 
        grantee are that the 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 governing 
                employees engaged in the award or administration of 
                contracts; and
                    ``(E) ensure that all purchase orders and contracts 
                include any clauses required by statute or implementing 
                regulation.
            ``(3) Noncompliance.--In the case of a grantee for which 
        the Secretary finds pursuant to paragraph (1)(A) that the 
        procurement processes and procedures of the grantee do not 
        comply with paragraph (2), the Secretary shall--
                    ``(A) provide the grantee with specific written 
                notice of the elements of noncompliance and the changes 
                necessary to those processes and procedures to provide 
                for compliance;
                    ``(B) provide the grantee a reasonable period of 
                time to come into compliance; and
                    ``(C) during the period of time described in 
                subparagraph (B), allow the grantee 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 grantee, but only if the Secretary 
                periodically affirmatively determines that the grantee 
                is making a good faith effort to effectuate compliance 
                with the requirements of paragraph (2).
    ``(j) Treatment of CDBG Allocations.--Amounts made available for 
use under this section shall not be considered relevant to the non-
disaster formula allocations made pursuant to section 106.
    ``(k) Waivers.--
            ``(1) Authority.--Subject to the other provisions of this 
        section, in administering amounts made 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 
        obligation by the Secretary or the use by the recipient of 
        those funds (except for requirements related to fair housing, 
        nondiscrimination, labor standards, flood risk management, 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 requirement and the 
        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 15-day period beginning upon the 
        publication of notice in the Federal Register of such waiver or 
        alternative requirement.
            ``(3) Low- and moderate-income use.--A waiver pursuant to 
        paragraph (1) may not reduce the percentage of funds that is 
        required to be used for activities that benefit persons of low- 
        and moderate-income to less than 70 percent of the total 
        allocation, unless the Secretary specifically finds that there 
        is compelling need to further reduce the percentage requirement 
        and that funds are not necessary to address the housing needs 
        of low- and moderate-income residents.
            ``(4) Prohibition.--The Secretary may not waive any 
        provision of this section pursuant to the authority under 
        paragraph (1).
    ``(l) Environmental Review.--
            ``(1) Adoption.--Notwithstanding subsection (k)(1), 
        recipients of funds provided under this section that use the 
        funds to supplement Federal assistance provided under section 
        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, without review or public comment, any 
        environmental review, approval, or permit performed by a 
        Federal agency, and that adoption shall satisfy the 
        responsibilities of the recipient with respect to the 
        environmental review, approval, or permit under section 
        104(g)(1).
            ``(2) Release of funds.--Notwithstanding section 104(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 section if the recipient has 
        adopted an environmental review, approval, or permit under 
        paragraph (1) or the activity or project is categorically 
        excluded from review under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(m) Collection of Information.--
            ``(1) In general.--For each major disaster for which 
        assistance is made available under this section, the Secretary 
        shall--
                    ``(A) collect information regarding all recovery 
                activities so assisted, including information on 
                applicants and recipients of assistance;
                    ``(B) make the information described in 
                subparagraph (A) available to the public and to the 
                Inspector General for the Department of Housing and 
                Urban Development on a monthly basis using uniform data 
                collection practices; and
                    ``(C) report to Congress regarding those efforts.
            ``(2) Form.--Information collected and reported by grantees 
        or the Secretary under this subsection shall be disaggregated 
        by program, race, income, geography, and all classes of 
        individuals protected under the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), the Fair Housing Act (42 U.S.C. 3601 et seq.), the Civil 
        Rights Act of 1964 (Public Law 88-352; 78 Stat. 241), and other 
        civil rights and nondiscrimination protections, with respect to 
        the smallest census tract, block group, or block possible for 
        the data.
            ``(3) Protection of information.--In carrying out this 
        subsection, the Secretary--
                    ``(A) 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 shall not be made 
                publicly available; and
                    ``(B) may make full and unredacted information 
                available to academic institutions for the purpose of 
                researching into the equitable distribution of recovery 
                funds and adherence to protections described in 
                paragraph (2).
    ``(n) Pre-Certification for Units of General Local Government.--
            ``(1) In general.--The Secretary may carry out a program 
        under this subsection to provide for units of general local 
        government to pre-certify as eligible grantees for assistance 
        under this section.
            ``(2) Requirements.--To be eligible for pre-certification 
        under the program under this subsection, a unit of general 
        local government shall--
                    ``(A) demonstrate to the satisfaction of the 
                Secretary the capacity to comply with the requirements 
                of this section; and
                    ``(B) have previously received assistance as a 
                grantee or subgrantee under this section, or with 
                amounts made available for the Community Development 
                Block Grant--Disaster Recovery appropriations account, 
                in connection with 2 or more major disasters declared 
                pursuant to the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            ``(3) Approval of plans.--
                    ``(A) Expedited approval processes.--The Secretary 
                shall establish and maintain processes for expediting 
                approval of plans for units of general local government 
                that are pre-certified under this subsection.
                    ``(B) Effect of pre-certification.--Pre-
                certification pursuant to this subsection shall not--
                            ``(i) establish any entitlement to, or 
                        priority or preference for, allocation of funds 
                        made available under this section; or
                            ``(ii) exempt any grantee from complying 
                        with any of the requirements under, or 
                        established pursuant to, subsection (c) or (d).
            ``(4) Duration.--Pre-certification under the program under 
        this subsection shall be effective for a term of 5 years.
    ``(o) Deposit of Unused Amounts in Fund.--
            ``(1) In general.--If any amounts made available for 
        assistance under this section to grantees remain unexpended 
        upon the earlier of--
                    ``(A) the date that the grantee of such amounts 
                notifies the Secretary that the grantee has completed 
                all activities identified in the grantee's plan for use 
                of such amounts that was approved by the Secretary in 
                connection with the grant;
                    ``(B) recapture of funds from the grantee or 
                repayment of funds by the grantee; or
                    ``(C) the expiration of the 10-year period 
                beginning upon the Secretary obligating such amounts to 
                the grantee, as such period may be extended pursuant to 
                paragraph (2),
        the Secretary shall transfer such unexpended amounts to the 
        Secretary of the Treasury for deposit into the Community 
        Development Block Grant Disaster Recovery Reserve Fund 
        established under section 124, except that the Secretary may, 
        by regulation, permit the grantee to retain amounts needed to 
        close out the grant.
            ``(2) Extension of period for use of funds.--The period 
        under paragraph (1)(C) shall be extended by not more than 3 
        years if the Secretary waives this requirement and submits a 
        written justification for the waiver to the Committees on 
        Appropriations of the House of Representatives and the Senate 
        that specifies the period of that extension.

``SEC. 124. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY RESERVE 
              FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States an account to be known as the Community Development Block 
Grant Disaster Recovery Reserve Fund (in this section referred to as 
the `Fund').
    ``(b) Amounts.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Fund such sums as may be necessary to carry out the 
        activities authorized under this Act, to remain available until 
        expended, except that not more than $50,000,000 is authorized 
        to be appropriated for the first fiscal year beginning after 
        the date that is 1 year after the date of enactment of this 
        section, and each fiscal year thereafter.
            ``(2) Transfer.--Amounts made available through section 
        106(c)(4) by actions taken under section 104(e) or 111 may be 
        transferred to the Fund, to remain available until expended.
    ``(c) Use.--
            ``(1) In general.--Except as provided in paragraph (2), 
        amounts in the Fund shall be available only for providing 
        assistance under section 123, but only to the extent provided 
        in advance in appropriations Acts.
            ``(2) Homelessness assistance.--
                    ``(A) In general.--An amount determined by the 
                Secretary, based on available data from the impacted 
                area on homelessness, affordable housing needs, and 
                disaster impact, may be allocated to a grantee within 
                14 days of the disaster declaration to serve households 
                experiencing homelessness or at risk of homelessness 
                that are not receiving housing assistance from the 
                Federal Emergency Management Agency.
                    ``(B) Requirements.--Notwithstanding any other 
                provision of law, any assistance provided under this 
                paragraph shall be determined to meet the requirements 
                of section 123, including benefit to low-income 
                persons, if the assistance is administered in 
                compliance with program requirements under paragraphs 
                (4) and (5) of section 415(a) of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11374(a)).
                    ``(C) Administration.--The Office of Block Grant 
                Assistance in the Office of Community Planning and 
                Development of the Department of Housing and Urban 
                Development shall, in coordination with the Office of 
                Special Needs Assistance Programs of the Department, 
                administer all related funds provided under this 
                section that are intended to serve individuals who are 
                homeless or at risk of homelessness.''.
    (b) Regulations.--
            (1) Proposed rules.--Not later than the 6 months after the 
        date of the enactment of this Act, the Secretary of Housing and 
        Urban Development shall issue proposed rules to carry out 
        sections 123 and 124 of the Housing and Community Development 
        Act of 1974, as added by the amendment made by subsection (a) 
        of this section, 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 
        the enactment of this Act, the Secretary of Housing and Urban 
        Development shall issue final regulations to carry out sections 
        123 and 124 of the Housing and Community Development Act of 
        1974, as added by the amendment made by subsection (a) of this 
        section.

SEC. 4. REPORT ON COORDINATING EMERGENCY AND LONG-TERM HOUSING NEEDS.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Housing and Urban Development, in consultation with 
the Administrator of the Federal Emergency Management Agency and the 
Secretary of Agriculture, shall submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the Committee on Financial 
Services of the House of Representatives a report on policies to 
improve the transition from emergency disaster housing response to 
long-term housing recovery.

SEC. 5. GAO REPORT ON ALLOCATION OF DISASTER BENEFITS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to the Committee 
on Banking, Housing, and Urban Affairs of the Senate and the Committee 
on Financial Services of the House of Representatives a comprehensive 
report that includes--
            (1) a review of disaster-related housing benefits 
        administered by the Federal Emergency Management Agency, the 
        Department of Housing and Urban Development, and the Department 
        of Agriculture;
            (2) with respect to the 10-year period preceding the 
        report, an analysis of the distribution of the benefits 
        described in paragraph (1)--
                    (A) between homeowners and renters;
                    (B) between individuals that are--
                            (i) extremely low-income, defined as 0 to 
                        30 percent of the area median income;
                            (ii) very low-income, defined as 30 to 50 
                        percent of the area median income;
                            (iii) lower-income, defined as 50 to 80 
                        percent of the area median income; and
                            (iv) moderate-income, defined as 80 to 120 
                        percent of the area median income; and
                    (C) between housing and infrastructure;
            (3) an analysis of how the distribution of benefits 
        described in paragraph (2) met the needs identified in unmet 
        needs assessments and other available data;
            (4) an analysis of the impact of disasters on the shortage 
        of affordable rental housing stock and federally assisted 
        housing;
            (5) an analysis of the impact of disasters and Federal 
        recovery efforts on all protected classes covered by the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.), the Fair Housing Act (42 U.S.C. 
        3601 et seq.), title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.), and other civil rights protections, 
        including those related to race, ethnicity, income, economic 
        status, age, disability, and gender; and
            (6) an analysis of mitigation and resiliency approaches 
        with respect to disaster-related housing benefits.
                                 <all>