‘‘(C) information regarding the effect of 
the disaster on education, transportation capa-
bilities and dependence, housing needs, health 
care capacity, and displacement of persons; and 
‘‘(D) the extent of the unmet need. 
‘‘(2) PROTECTION OF PERSONALLY IDENTIFI-
ABLE
INFORMATION.—In carrying out this sub-
section, the President and the grantee shall take 
such actions as may be necessary to ensure that per-
sonally identifiable information regarding recipients 
of assistance provided under this section is not made 
publicly available by any agency with which informa-
tion is shared pursuant to this subsection. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) ADMINISTRATIVE COSTS.— 
‘‘(A) IN
GENERAL.—A State or Indian 
Tribe receiving a grant under this section may 
use not more than 13 percent of the amount of 
grant funds received, or within such other per-
centage as may be established pursuant to sub-
paragraph (B), for administrative costs, includ-
ing costs related to audits, reviews, oversight, 
evaluation, and investigations. 
‘‘(B) DISCRETION TO ESTABLISH SLIDING 
SCALE.—The President may establish a series 
VerDate Sep 11 2014 
19:48 Dec 29, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
pamtmann on DSKBC07HB2PROD with BILLS
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 re-
ceived by a grantee; and 
‘‘(ii) such series provides that the per-
centage that may be 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. 
‘‘(2) CAPACITY BUILDING.—From funds made 
available for use under this section, the President 
shall provide necessary technical assistance to grant-
ees to ensure grantees are compliant with Federal 
law, and capacity building and technical assistance, 
including assistance regarding contracting and pro-
curement processes, including providing solicitation 
and contractual templates that conform to Federal 
requirements for use by grantees. 
‘‘(d) ALLOCATION, PROCESS, AND PROCEDURES; CO-
ORDINATION.— 
‘‘(1) ALLOCATION.— 
VerDate Sep 11 2014 
19:48 Dec 29, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) IN
GENERAL.—The President shall 
allocate funds under this section proportionally 
to grantees based on their level of unmet need 
as determined pursuant to subsection (b). 
‘‘(B) GRANTEE
USE
OF
FUNDS.—Each 
grantee, not the President, shall be responsible 
for determining how funds provided under this 
section are prioritized and spent and a grantee 
shall not be required to provide an action or 
spending plan before or after funds are allo-
cated, except that the grantee shall use a por-
tion of these funds for cleaning and removing 
debris from rivers, creeks, streams, and ditches. 
‘‘(C) LIMITATION.—Notwithstanding sec-
tion 312, a loan shall not be considered a dupli-
cation of benefits or otherwise impact the level 
of unmet need under this section. 
‘‘(2) 
GRANTEE
PROCESSES
AND
PROCE-
DURES.— 
‘‘(A) INITIAL
GRANT
FUNDS.—Initially, 
grantees shall be awarded 50 percent of their 
total allocation under paragraph (1). After ex-
penditure of such amount, a grantee shall sub-
mit a report, detailing how such grant funds 
were spent, to the Committees on Appropria-
VerDate Sep 11 2014 
19:48 Dec 29, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
pamtmann on DSKBC07HB2PROD with BILLS
tions of the House of Representatives and the 
Senate, the Committee on Transportation and 
Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate. Such report shall include 
a certification from the State Auditor that none 
of the funds were wasted or used inappropri-
ately. 
‘‘(B) CONGRESSIONAL APPROVAL.— 
‘‘(i) APPROVAL.—Not later than 60 
days after receipt of the report under sub-
paragraph (A), Congress shall approve or 
disapprove the report. If the report is ap-
proved, or if 60 days has lapsed and Con-
gress has not commented on the report, 
the remaining 50 percent of the allocation 
under paragraph (1) shall be released to 
the grantee. 
‘‘(ii) DISAPPROVAL.—If Congress dis-
approves the report, the grantee shall work 
with Congress to address any and all con-
cerns regarding how the initial 50 percent 
of the grant money was expended. Once 
these concerns are resolved, the remaining 
funds shall be released to the grantee. 
VerDate Sep 11 2014 
19:48 Dec 29, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(iii) FRAUD OR ABUSE.—If Congress 
determines that a grantee committed fraud 
or abuse, Congress shall require the Presi-
dent to recover all funds provided to the 
grantee under this section. Any amount re-
covered under this clause shall be redistrib-
uted to other grantees with approved re-
ports pursuant to clause (i). 
‘‘(3) REQUIREMENTS.—Each State and Indian 
Tribe that receives funds under this section shall es-
tablish or adhere to existing guidelines for procure-
ment processes and procedures and require that sub-
grantees— 
‘‘(A) provide for full and open competition 
and require cost or price analysis; 
‘‘(B) specify methods of procurement and 
their applicability, but not allow cost-plus-a-per-
centage-of cost or percentage-of-construction- 
cost methods of procurement; 
‘‘(C) include standards of conduct gov-
erning employees engaged in the award or ad-
ministration of contracts; and 
‘‘(D) ensure that all purchase orders and 
contracts include any clauses required by Fed-
VerDate Sep 11 2014 
19:48 Dec 29, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8949.IH
H8949
pamtmann on DSKBC07HB2PROD with BILLS