Ensuring Disaster Recovery for Local Communities Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2796 To expedite 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 NOVEMBER 6, 2019 Mr. TILLIS (for himself and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To expedite 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Disaster Re- 4 covery for Local Communities Act of 2019’’. 5 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2796 IS SEC. 2. COMMUNITY DEVELOPMENT BLOCK GRANT DIS- 1 ASTER RECOVERY PROGRAM. 2 (a) IN GENERAL.—Title I of the Housing and Com- 3 munity Development Act of 1974 (42 U.S.C. 5301 et seq.) 4 is amended— 5 (1) in section 104(b) (42 U.S.C. 5304(b)), by 6 inserting ‘‘or 123’’ after ‘‘106’’ each place that term 7 appears; and 8 (2) by adding at the end the following: 9 ‘‘SEC. 123. CDBG-DISASTER RECOVERY ASSISTANCE. 10 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 11 tion, the term ‘eligible entity’ means— 12 ‘‘(1) a State; 13 ‘‘(2) an insular area; 14 ‘‘(3) a unit of general local government; and 15 ‘‘(4) an Indian tribe. 16 ‘‘(b) AUTHORITY; USE.— 17 ‘‘(1) IN GENERAL.—The Secretary shall provide 18 assistance under this section to eligible entities for 19 necessary expenses for activities authorized under 20 this title related to disaster relief, resiliency, long- 21 term recovery, restoration of infrastructure and 22 housing, mitigation, and economic revitalization in 23 the most impacted and distressed areas resulting 24 from a major disaster declared pursuant to the Rob- 25 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2796 IS ert T. Stafford Disaster Relief and Emergency As- 1 sistance Act (42 U.S.C. 5121 et seq.). 2 ‘‘(2) OTHER ASSISTANCE.—The Secretary may 3 provide an appropriate amount of assistance to eligi- 4 ble entities outside an area described in paragraph 5 (1) that receives displaced residents due to a major 6 disaster declared pursuant to the Robert T. Stafford 7 Disaster Relief and Emergency Assistance Act (42 8 U.S.C. 5121 et seq.) for the purpose of carrying out 9 eligible activities to provide housing to and meet 10 other disaster recovery needs of those displaced resi- 11 dents. 12 ‘‘(3) CONSIDERATION.—In carrying out eligible 13 activities with assistance provided under this section, 14 a grantee shall prioritize activities that address 15 housing recovery needs and how to better recover 16 from and withstand future disasters, prolong the life 17 of housing and infrastructure, use cost-effective 18 means of preventing harm to people and property, 19 incorporate protective features, redundancies, energy 20 savings, and other measures that will assure the 21 continuation of critical services during future disas- 22 ters. 23 ‘‘(c) TIMING.— 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2796 IS ‘‘(1) DEADLINES FOR ALLOCATION OF 1 AMOUNTS.—Except as provided in paragraph (2), 2 after the enactment of an appropriations Act making 3 funds available for assistance under this section, the 4 Secretary shall allocate for grantees, based on the 5 best available data— 6 ‘‘(A) not less than one-third of funds pro- 7 vided for assistance under this section, within 8 60 days of the date of enactment of that Act; 9 and 10 ‘‘(B) all remaining unallocated funds to be 11 awarded to grantees, within 180 days of such 12 date of enactment. 13 ‘‘(2) INAPPLICABILITY OF DEADLINES BASED 14 ON INSUFFICIENT INFORMATION.—The deadlines 15 under paragraph (1) for allocation of funds shall not 16 apply in the case of funds made available for assist- 17 ance under this section until sufficient information 18 has been made available to the Secretary to deter- 19 mine unmet recovery needs and make allocations in 20 accordance with those deadlines. 21 ‘‘(3) DEVELOPMENT OF COMMON APPLICA- 22 TION.—The Secretary, the Administrator of the 23 Federal Emergency Management Agency, the Ad- 24 ministrator of the Small Business Administration, 25 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2796 IS and the heads of other appropriate agencies shall de- 1 velop a common form— 2 ‘‘(A) for the purpose of applying for indi- 3 vidual disaster assistance from the Department 4 of Housing and Urban Development, the Fed- 5 eral Emergency Management Agency, or the 6 Small Business Administration; and 7 ‘‘(B) that can be used and shared by all 8 agencies providing individual disaster assistance 9 and by the grantees and subgrantees as nec- 10 essary. 11 ‘‘(d) PLAN FOR USE OF ASSISTANCE.— 12 ‘‘(1) REQUIREMENT.—Not later than 120 days 13 after the allocation pursuant to subsection (c)(1)(B) 14 of the funds made available by an appropriations 15 Act for assistance under this section, and before the 16 Secretary obligates any of such funds for a grantee, 17 the grantee shall submit a plan to the Secretary for 18 approval detailing the proposed use of all funds, 19 which shall include, at a minimum— 20 ‘‘(A) criteria for eligibility for each pro- 21 posed use of funds, including eligibility limits 22 on income and geography, and a description of 23 how the use of such funds will— 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2796 IS ‘‘(i) address unmet needs relating to 1 disaster relief, resiliency, long-term recov- 2 ery and restoration of infrastructure and 3 housing, and mitigation and economic revi- 4 talization in the most impacted and dis- 5 tressed areas; and 6 ‘‘(ii) provide assistance to impacted 7 households experiencing homelessness or at 8 risk of homelessness; 9 ‘‘(B) identification of officials and offices 10 responsible for administering such funds and 11 identifying and recovering duplicative benefits; 12 ‘‘(C) an agreement to share data with Fed- 13 eral agencies and other providers of disaster re- 14 lief, which shall include information the grantee 15 has regarding the matters described in subpara- 16 graph (B); and 17 ‘‘(D) a plan to provide case management 18 services to disaster-impacted residents in identi- 19 fying, understanding, and accessing available 20 Federal assistance. 21 ‘‘(2) PUBLIC CONSULTATION.—In developing 22 the plan required under paragraph (1), a grantee 23 shall, at a minimum— 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2796 IS ‘‘(A) consult with affected residents, stake- 1 holders, local governments, and public housing 2 authorities to assess needs; 3 ‘‘(B) publish the plan in accordance with 4 the requirements set forth by the Secretary, in- 5 cluding a requirement to prominently post the 6 plan on the website of the grantee for not less 7 than 14 days; 8 ‘‘(C) ensure equal access for individuals 9 with disabilities and individuals with limited 10 English proficiency; and 11 ‘‘(D) publish the plan in a manner that af- 12 fords residents, affected local governments, and 13 other interested parties a reasonable oppor- 14 tunity to examine the contents of the plan and 15 provide feedback. 16 ‘‘(3) APPROVAL.—The Secretary shall, by regu- 17 lation, specify criteria for the approval of a plan sub- 18 mitted under paragraph (1), including approval of 19 substantial amendments to the plan. 20 ‘‘(4) DISAPPROVAL.—The Secretary shall dis- 21 approve a plan or substantial amendment to a plan 22 submitted under paragraph (1) if a plan or substan- 23 tial amendment does not meet the approval criteria. 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2796 IS ‘‘(5) RESUBMISSION.—The Secretary shall per- 1 mit a grantee to revise and resubmit a plan that the 2 Secretary disapproves under paragraph (4). 3 ‘‘(6) TIMING.—The Secretary shall approve or 4 disapprove a plan submitted under paragraph (1) 5 not later than 90 days after the date on which the 6 plan is submitted to the Secretary. 7 ‘‘(e) FINANCIAL CONTROLS.— 8 ‘‘(1) COMPLIANCE SYSTEM.—The Secretary 9 shall develop and maintain a system to ensure that 10 each grantee has in place— 11 ‘‘(A) proficient financial controls and pro- 12 curement processes; 13 ‘‘(B) adequate procedures to ensure that 14 amounts made available under this section pro- 15 vide the broadest benefit possible to eligible 16 families and individuals that are approved for 17 assistance; 18 ‘‘(C) adequate procedures to— 19 ‘‘(i) ensure timely expenditure of 20 funds; and 21 ‘‘(ii) detect and prevent waste, fraud, 22 and abuse of funds; and 23 ‘‘(D) adequate procedures to ensure the 24 grantee will maintain comprehensive and pub- 25 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2796 IS licly accessible websites that make available in- 1 formation regarding all disaster recovery activi- 2 ties assisted with such funds, which information 3 shall include any resulting contract, agreement, 4 or other disposition of requests for qualification 5 of assistance or for procurement with such 6 funds. 7 ‘‘(2) REQUIREMENT.—The procedures described 8 in paragraph (1)(D) shall ensure that personally 9 identifiable information regarding recipients of as- 10 sistance provided from funds made available under 11 this section shall not be made publicly available. 12 ‘‘(3) CERTIFICATION.—As a condition of mak- 13 ing any grant, the Secretary shall certify in advance 14 that the grantee has in place the processes and pro- 15 cedures required under paragraph (1). 16 ‘‘(f) USE OF FUNDS.— 17 ‘‘(1) ADMINISTRATIVE COSTS.—An eligible enti- 18 ty receiving a grant under this section— 19 ‘‘(A) may use not more than 5 percent of 20 the amount of grant funds received for adminis- 21 trative costs; and 22 ‘‘(B) shall document the use of funds for 23 the purpose described in subparagraph (A) in 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2796 IS accordance with such requirements as the Sec- 1 retary shall establish. 2 ‘‘(2) HUD ADMINISTRATIVE COSTS.— 3 ‘‘(A) LIMITATION.—Of any funds made 4 available for use under this section by any sin- 5 gle appropriations Act, the Secretary may use 6 0.5 percent of any such amount for necessary 7 costs, including information technology costs, of 8 administering and overseeing the obligation and 9 expenditure of amounts made available for use 10 under this section. 11 ‘‘(B) TRANSFER OF FUNDS.—Any amounts 12 made available for use in accordance with sub- 13 paragraph (A)— 14 ‘‘(i) shall be transferred to the ac- 15 count for ‘Program Office Salaries and Ex- 16 penses—Community Planning and Devel- 17 opment’ for the Department of Housing 18 and Urban Development; 19 ‘‘(ii) shall remain available until ex- 20 pended; and 21 ‘‘(iii) may be used for such adminis- 22 trative costs for administering any funds 23 appropriated to the Department of Hous- 24 ing and Urban Development for any dis- 25 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2796 IS aster and related purposes in any prior or 1 future Act making funds available for use 2 under this section, notwithstanding the dis- 3 aster for which such funds were appro- 4 priated. 5 ‘‘(3) INSPECTOR GENERAL.—Of any funds 6 made available for use in accordance with paragraph 7 (2)(A), 10 percent shall be transferred to the Office 8 of the Inspector General of the Department of Hous- 9 ing and Urban Development for necessary costs of 10 audits, reviews, oversight, evaluation, and investiga- 11 tions relating to amounts made available for use 12 under this section. 13 ‘‘(4) CAPACITY BUILDING.—Of any funds made 14 available for use under this section, 2 percent may 15 be made available for capacity building and technical 16 assistance to support grantees and subgrantees re- 17 ceiving funds under this section. 18 ‘‘(g) PROCUREMENT PROCESSES AND PROCEDURES 19 FOR GRANTEES.— 20 ‘‘(1) GRANTEE PROCESSES AND PROCE- 21 DURES.—In procuring property or services to be 22 paid for in whole or in part with amounts from a 23 grant under this section, a grantee shall— 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2796 IS ‘‘(A) follow the procurement processes and 1 procedures of the grantee, but only if the Sec- 2 retary makes a determination that those proc- 3 esses and procedures comply with the require- 4 ments under paragraph (2); or 5 ‘‘(B) comply with such processes and pro- 6 cedures as the Secretary shall, by regulation, 7 establish for purposes of this section. 8 ‘‘(2) REQUIREMENTS.—The requirements under 9 this paragraph with respect to the procurement 10 processes and procedures of a grantee are that the 11 processes and procedures shall— 12 ‘‘(A) provide for full and open competition 13 and require cost or price analysis; 14 ‘‘(B) include requirements for procurement 15 policies and procedures for subgrantees, based 16 on full and open competition; 17 ‘‘(C) specify methods of procurement and 18 their applicability, but not allow for cost-plus-a- 19 percentage-of cost or percentage-of-construc- 20 tion-cost methods of procurement; 21 ‘‘(D) include standards of conduct gov- 22 erning employees engaged in the award or ad- 23 ministration of contracts; and 24 VerDate Sep 11 2014 23:04 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2796.IS S2796 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 2796 IS ‘‘(E) ensure that all purchase orders and 1 contracts include any [Text truncated for display. 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