I 

115TH CONGRESS 

2D SESSION H. R. 7333 

To provide for reform and reorganization of the Federal Emergency 

Management Agency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2018 

Ms. JACKSON LEE (for herself, Ms. KAPTUR, Mr. JOHNSON of Georgia, and 

Mr. PAYNE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Small Business, Energy and Commerce, Education and the 

Workforce, the Judiciary, Financial Services, and Homeland Security, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for reform and reorganization of the Federal 

Emergency Management Agency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘FEMA Modernization Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 7333 IH

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—DISASTER RESPONSE AND RECOVERY 

Sec. 101. Office of Disaster Response; Office of Disaster Recovery; Office of 

Long-Term Recovery. 

Sec. 102. Medical disaster response and recovery training facility. 

Sec. 103. Labor training program. 

Sec. 104. Disaster Emergency Housing Assistance Grant Program. 

Sec. 105. Housing post disaster stability. 

Sec. 106. Prohibition on enforcement of immigration. 

TITLE II—REPORTS 

Sec. 201. Federal Emergency Management Agency reports. 

Sec. 202. Government Accountability Office. 

Sec. 203. Circumstances which may impact first responders during a terrorist 

event. 

TITLE III—DISASTER RECOVERY SMALL BUSINESS GRANT 

PROGRAM 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Office of Disaster Recovery Small Business Grants. 

Sec. 304. Compensation for victims of a federally declared disaster. 

Sec. 305. Reports and audits. 

Sec. 306. Authorization of appropriations. 

Sec. 307. Termination of authority. 

TITLE IV—ADMINISTRATIVE PROVISIONS 

Sec. 401. Extension of authorities for pandemic and all-hazards preparedness. 

Sec. 402. Transfer of the Surge Capacity Force. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of FEMA. 

5 (2) FEMA.—The term ‘‘FEMA’’ means the 

6 Federal Emergency Management Agency. 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 7333 IH

1 TITLE I—DISASTER RESPONSE 

2 AND RECOVERY 

3 SEC. 101. OFFICE OF DISASTER RESPONSE; OFFICE OF DIS4 ASTER RECOVERY; OFFICE OF LONG-TERM 

5 RECOVERY. 

6 (a) ESTABLISHMENT.—Not later than 1 year after 

7 the date of enactment of this Act, the Administrator shall 

8 take such actions as are necessary to ensure that the Of9 fice of Response and Recovery of the Agency is divided 

10 into an Office of Disaster Response and an Office of Dis11 aster Recovery, subject to the requirements of this section. 

12 (b) OFFICE OF DISASTER RESPONSE.— 

13 (1) DUTIES.—The duties of the Office of Dis14 aster Response shall be as follows: 

15 (A) Lead Federal disaster response. 

16 (B) Prepare for, coordinate, and facilitate 

17 Federal support for State managed and locally 

18 executed multi-stakeholder engagement in plan19 ning and coordinating of disaster response. 

20 (C) Coordinate and manage Federal Emer21 gency Management Agency assigned staff and 

22 maintain awareness of other Federal agency 

23 disaster response assigned staff or other per24 sonnel deployments to State or local govern25 ment offices to better collaborate and coordiVerDate Sep 11 2014 00:33 Dec 23, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7333.IH H7333

pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 7333 IH

1 nate Federal efforts in support of State man2 aged and locally executed disaster preparedness 

3 and response activities. 

4 (D) Conduct public education on the dis5 aster response roles of Federal, State and local 

6 governments. 

7 (E) Any other duty determined appropriate 

8 by the Administrator. 

9 (2) OFFICERS.—Not later than 1 year after the 

10 date of enactment of this Act, the Administrator 

11 shall appoint an Associate Administrator of the Of12 fice of Disaster Response and deputy associate ad13 ministrators, as determined appropriate. 

14 (3) ADDITIONAL POSITIONS.—The Adminis15 trator may create, and appoint individuals to, such 

16 positions as are considered necessary by the Admin17 istrator, including— 

18 (A) a military liaison officer to work with 

19 the defense coordinating officer; and 

20 (B) a Liaison Officer for Asset Acquisition 

21 and Deployment in Federal supported, State 

22 managed, and locally executed plan to support 

23 the delivery of funds, equipment, and resources 

24 to local jurisdictions in advance of pending dis25 asters by facilitating engagement by the private 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 7333 IH

1 sector with State and local governments in sup2 port of meeting the pending disaster response 

3 needs. 

4 (c) OFFICE OF DISASTER RECOVERY.— 

5 (1) DUTIES.—The duties of the Office of Dis6 aster Recovery shall be as follows: 

7 (A) Assess recovery following a disaster 

8 and make recommendations on the estimated 

9 time for recovery. 

10 (B) Provide definitions of what constitutes 

11 a short-term recovery and a long-term recovery, 

12 and how this determination shall be made in as13 sessing post disaster recovery periods. 

14 (C) Coordinate and manage Federal as15 signed staff from the Federal Emergency Man16 agement Agency to be sent to work in State or 

17 local government agencies. 

18 (D) Carry out the accurate collection, re19 tention, and reporting of data related to Fed20 eral disaster recovery and shall act as a re21 source on post-disaster recovery efforts. 

22 (E) Submit to the Committee on Oversight 

23 and Government Reform of the House of Rep24 resentatives and the Committee on Homeland 

25 Security and Governmental Affairs of the SenVerDate Sep 11 2014 00:33 Dec 23, 2018 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7333.IH H7333

pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 7333 IH

1 ate an annual report on the status of all recov2 ery projects during the prior year, including 

3 whether Federal projects are on time, within 

4 cost, and meeting the needs and objectives of 

5 recovery. 

6 (F) Provide for civil engineers that make 

7 recommendations to the Administrator and 

8 partnering Federal agencies on the scope and 

9 severity of damage, projections on rehabilita10 tion, demolition, repair, and reconstruction of 

11 critical infrastructure deemed essential to Fed12 eral, State, and local government, accessing im13 pacted areas, or achieving stability in the recov14 ery process. 

15 (G) Any other duty determined appropriate 

16 by the Administrator. 

17 (2) OFFICERS.—Not later than 1 year after the 

18 date of enactment of this Act, the Administrator 

19 shall appoint an Associate Administrator of the Of20 fice of Disaster Recovery and deputy associate ad21 ministrators, as determined appropriate. 

22 (3) ADDITIONAL POSITIONS.—The Adminis23 trator may create, and appoint individuals to, such 

24 positions as are considered necessary by the Admin25 istrator. 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 7333 IH

1 (d) OMBUDSMAN.—The Office of Disaster Response 

2 and the Office of Disaster Recovery shall both employ an 

3 ombudsman. 

4 (e) OFFICE OF LONG-TERM RECOVERY.—Not later 

5 than 18 months after the date of enactment of this Act, 

6 the Administrator shall establish an Office of Long Term 

7 Recovery. The duties of such Office shall be determined 

8 by the Administrator. 

9 SEC. 102. MEDICAL DISASTER RESPONSE AND RECOVERY 

10 TRAINING FACILITY. 

11 Section 303 of the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5143) is 

13 amended by adding at the end the following: 

14 ‘‘(c) MEDICAL DISASTER RESPONSE AND RECOVERY

15 TRAINING FACILITY.— 

16 ‘‘(1) ESTABLISHMENT.—Not later than 18 

17 months after the date of enactment of the FEMA 

18 Modernization Act of 2018, the President, acting 

19 through the Secretary of Health and Human Serv20 ices in consultation with the Administrator of the 

21 Federal Emergency Management Agency, shall es22 tablish a medical disaster response and recovery 

23 training facility in accordance with this subsection. 

24 ‘‘(2) MANAGEMENT.—The medical facility es25 tablished under paragraph (1) shall be managed by 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 7333 IH

1 the Secretary of Health and Human Services and in 

2 consultation with the Administrator of the Federal 

3 Emergency Management Agency. 

4 ‘‘(3) CAPACITY.—The facility established under 

5 this subsection shall have a capacity to train 800 

6 medical personnel annually, which shall increase to 

7 1,200 annually on the date that is 5 years after the 

8 date of enactment of the FEMA Modernization Act 

9 of 2018. 

10 ‘‘(4) REPORT.—Not later than 240 days after 

11 the date of enactment of the FEMA Modernization 

12 Act of 2018 the Administrator shall submit to the 

13 Committee on Homeland Security, the Committee on 

14 Energy and Commerce, the Committee on Ways and 

15 Means, and the Committee on Veterans’ Affairs of 

16 the House of Representatives, the Committee on 

17 Homeland Security and Governmental Affairs, the 

18 Committee on Banking, Housing, and Urban Af19 fairs, the Committee on Health, Education, Labor, 

20 and Pensions, and the Committee on Veterans’ Af21 fairs of the Senate a report containing a plan to en22 gage local and State government partners in pro23 motion of the development of surge teams. 

24 ‘‘(d) NATIONAL DISASTER MEDICAL TRIAGE.— 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•HR 7333 IH

1 ‘‘(1) IN GENERAL.—The President, acting 

2 through the Administrator of the Federal Emer3 gency Management Agency, in consultation with the 

4 National Association of Emergency Medical Techni5 cians and the Military Health System, shall establish 

6 a National Disaster Medical Triage capacity that 

7 shall include the development of guidelines for Tac8 tical Disaster Casualty Care which shall be used for 

9 medical evacuation protocols to be implemented by 

10 local and State governments in advance of certain 

11 major disasters, as designated by the Administrator 

12 in consultation with the Secretary of Health and 

13 Human Services and the Secretary of Veterans Af14 fairs to— 

15 ‘‘(A) remove individuals with requisite 

16 health conditions, including dialysis patients, 

17 heart patients, diabetics, physically impaired in18 dividuals, pregnant individuals, those who have 

19 recently delivered a child, and individuals recov20 ering from surgery, out of the path of danger; 

21 and 

22 ‘‘(B) establish medical priorities policies 

23 for certain disaster situations, as determined by 

24 the Administrator, to reduce loss of life and 

25 human suffering. 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•HR 7333 IH

1 ‘‘(2) LOCAL EFFORTS.—In carrying out this 

2 subsection, the Administrator shall promote local ef3 forts to develop compacts with medical systems to 

4 take patients for short-term disaster evacuation or 

5 to host locations for field hospitals when needed. 

6 ‘‘(3) LIABILITY PROTECTIONS.— 

7 ‘‘(A) IN GENERAL.—Subject to this para8 graph, a covered person shall be immune from 

9 suit and liability under Federal and State law 

10 with respect to all claims for medical care by a 

11 board certified or accredited practitioner arising 

12 out of medical services provided to an individual 

13 in the course of a medical evacuation protocol 

14 described in paragraph (1). 

15 ‘‘(B) COVERED PERSON.—The term ‘cov16 ered person’ means a person— 

17 ‘‘(i) who is a health care provider li18 censed under the laws of the State in 

19 which the action giving rise to the claim 

20 described in subparagraph (A) occurred; 

21 ‘‘(ii) who was providing medical serv22 ices that are within the scope of the per23 son’s license; 

24 ‘‘(iii) was acting in accordance with a 

25 protocol described in paragraph (1); and 


pamtmann on DSKBFK8HB2PROD with BILLS
11 

•HR 7333 IH

1 ‘‘(iv) is acting in a volunteer capacity. 

2 ‘‘(C) WILLFUL MISCONDUCT.—This para3 graph shall not apply in the case of willful mis4 conduct (as such term is defined in section 

5 319F–3 of the Public Health Service Act (42 

6 U.S.C. 247–6d)). 

7 ‘‘(e) INCIDENT MEDICAL RECOVERY MANAGEMENT

8 TEAM.—Not later than 18 months after the date of enact9 ment of the FEMA Modernization Act of 2018, the Presi10 dent, acting through the Administrator of the Federal 

11 Emergency Management Agency and in consultation with 

12 the American College of Surgeons and the Department of 

13 Defense Health Agency, shall establish an Incident Med14 ical Recovery Management Team to determine best prac15 tices in implementing an Advanced Trauma Life Support 

16 capabilities, to assess health impacts that result from fed17 erally declared disasters.’’. 

18 SEC. 103. LABOR TRAINING PROGRAM. 

19 (a) ESTABLISHMENT.—The Administrator shall es20 tablish a program to provide education and job training 

21 to those who become unemployed or underemployed due 

22 to the effects of a federally declared disaster and who have 

23 enrolled for disaster assistance through a federally created 

24 or recognized program. To qualify for assistance under 

25 this section, an individual shall have been employed, reVerDate Sep 11 2014 00:33 Dec 23, 2018 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7333.IH H7333

pamtmann on DSKBFK8HB2PROD with BILLS
12 

•HR 7333 IH

1 ceiving government employment assistance or benefits, or 

2 enrolled in a high school, college, or training program at 

3 the time of the disaster. Such assistance may be in the 

4 form of unemployment benefits, job training programs, 

5 and displaced worker assistance. 

6 (b) USE OF FUNDS.—Funds provided under the pro7 gram shall be used for— 

8 (1) retraining or new employment skills train9 ing or education to fill positions that will transition 

10 the person into new jobs; and 

11 (2) providing incentives to employers who em12 ploy individuals who are receiving housing assistance 

13 under section 102 or have filed a disaster claim 

14 under the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Administrator to 

18 carry out this section $100,000,000, for each of fiscal 

19 years 2019 through 2029. 

20 SEC. 104. DISASTER EMERGENCY HOUSING ASSISTANCE 

21 GRANT PROGRAM. 

22 (a) ESTABLISHMENT.—There shall be established a 

23 Disaster Emergency Housing Assistance Grant Program 

24 under which Administrator of FEMA may authorize the 

25 Secretary of Housing and Urban Development, pursuant 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•HR 7333 IH

1 to the authority under section 408 of the Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5174) and according to the terms of such section, 

4 to provide immediate housing and urban development as5 sistance that meets the particular housing needs of sur6 vivors of a federally declared disaster event. 

7 (b) FUNDING.—There are authorized to be appro8 priated not more than $300,000,000, for each of fiscal 

9 years 2019 through 2029 to carry out the program under 

10 this section. 

11 (c) AUTHORITY.—The President may grant to the 

12 Administrator of FEMA approval to activate a Disaster 

13 Emergency Housing Assistance Grant Program. 

14 (d) WAIVER.—The requirements of section 408 of 

15 such Act may be waived for 180 days by the President 

16 if a request for a waiver is made by the Administrator 

17 and agreed to by the Secretary of Housing and Urban De18 velopment in the case of a federally declared major dis19 aster wherein 60 percent or more of the housing stock is 

20 severely damaged, destroyed, or is otherwise render medi21 cally unsafe for human habitation, which shall include con22 dominiums and housing cooperatives. 

23 SEC. 105. HOUSING POST DISASTER STABILITY. 

24 (a) ESTABLISHMENT.—Not later than 365 days after 

25 the date of enactment of this Act, the Administrator of 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•HR 7333 IH

1 FEMA, in coordination with the Secretary of Housing and 

2 Urban Development and with the advice of the Bureau 

3 of Consumer Financial Protection, shall establish mecha4 nisms to stabilize housing economies within areas des5 ignated as Federal disasters for the period of 60 months 

6 into a long-term recovery such that the available housing 

7 designated as low- and moderate-income housing is main8 tained at a rate that meets 90 percent or more of the pre9 disaster low- to moderate-income housing levels for the 

10 population impacted by the disaster. 

11 (b) REQUIREMENTS.—In establishing the mecha12 nisms under subsection (a), the Secretary shall ensure the 

13 following: 

14 (1) Multi-unit housing owners or operators who 

15 receive disaster-related loans provided by the Small 

16 Business Administration, or provided with other 

17 Federal funding to recover, rehabilitate, or construct 

18 new housing, are prohibited from raising rents on 

19 those multi-family housing units for the first 18 

20 months of occupancy following the disaster-related 

21 repairs or construction have ended. 

22 (2) Beginning on the date that is 18 months 

23 after a report of construction is completed and an 

24 necessary inspections certify that a segment of mul25 tifamily housing is approved for occupancy, for a peVerDate Sep 11 2014 00:33 Dec 23, 2018 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H7333.IH H7333

pamtmann on DSKBFK8HB2PROD with BILLS
15 

•HR 7333 IH

1 riod of 30 months after occupancy begins with re2 spect to each unit that was repaired or created using 

3 Federal assistance, the cost of rent for such unit 

4 shall not increase by more than 10 percent of the 

5 rent charged for the month prior to the disaster. 

6 (3) New multi-unit housing rental rates should 

7 be comparable to the rents charged for similar rent8 als serving the market impacted by the disaster. 

9 (4) With respect to any unit of housing des10 ignated as a single, individually owned housing unit 

11 in a multi-unit building by local tax records at least 

12 24 months prior to a Federally declared major dis13 aster— 

14 (A) homeowners or purchasers of such a 

15 unit shall qualify for housing repair and new 

16 construction assistance under a loan program 

17 carried out by the Secretary that provides for 

18 Federal guaranteed loans at the 1.25 percent; 

19 and 

20 (B) owners or operators of such a multi21 unit building shall qualify for assistance for re22 construction or repair of common areas under 

23 a loan program carried out by the Secretary 

24 that provides for Federal guaranteed loans at a 

25 rate of 4.5 percent. 


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•HR 7333 IH

1 SEC. 106. PROHIBITION ON ENFORCEMENT OF IMMIGRA2 TION. 

3 Notwithstanding any other provision of law, during 

4 a federally declared disaster, the Secretary of Homeland 

5 Security may not enforce the immigration laws (as such 

6 term is defined in section 101 of the Immigration and Na7 tionality Act (8 U.S.C. 1101)) with respect to any alien 

8 who is seeking assistance, including housing, as a result 

9 of such disaster. 

10 TITLE II—REPORTS 

11 SEC. 201. FEDERAL EMERGENCY MANAGEMENT AGENCY 

12 REPORTS. 

13 (a) CASEWORK MANAGEMENT SYSTEM REPORT.— 

14 Not later than 1 year after the date of enactment of this 

15 Act, the Administrator shall submit a report on the ability 

16 of FEMA to support a State managed and locally executed 

17 casework management system to coordinate and deliver di18 rect assistance to disaster survivors in placing applications 

19 for Federal post disaster assistance to the following: 

20 (1) The Committee on Homeland Security of 

21 the House of Representatives. 

22 (2) The Committee on Energy and Commerce 

23 of the House of Representatives. 

24 (3) The Committee on Ways and Means of the 

25 House of Representatives. 


pamtmann on DSKBFK8HB2PROD with BILLS
17 

•HR 7333 IH

1 (4) The Committee on Veterans’ Affairs of the 

2 House of Representatives. 

3 (5) The Committee on House Administration of 

4 the House of Representatives. 

5 (6) The Committee on Homeland Security and 

6 Governmental Affairs of the Senate. 

7 (7) The Committee on Banking, Housing, and 

8 Urban Affairs of the Senate. 

9 (8) The Committee on Health, Education, 

10 Labor, and Pensions of the Senate. 

11 (9) The Committee on Veterans’ Affairs of the 

12 Senate. 

13 (10) The Committee on Rules and Administra14 tion of the Senate. 

15 (b) AFTER-ACTION REPORTS.—Not later than 2 

16 years after the date of enactment of this Act, and annually 

17 thereafter, the Administrator of FEMA shall submit to the 

18 committees listed in subsection (a) an after-action report 

19 on the activities of the Office of Disaster Response and 

20 the Office of Disaster Recovery, including— 

21 (1) the types of disasters responded to; 

22 (2) the resources needed; 

23 (3) strengths and weaknesses of the response or 

24 mitigation effort; 

25 (4) lessons learned; and 


pamtmann on DSKBFK8HB2PROD with BILLS
18 

•HR 7333 IH

1 (5) recommendations on how to improve. 

2 (c) CATASTROPHIC RESOURCE REPORTS.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this Act, and annually 

5 thereafter, the Administrator of FEMA shall develop 

6 and submit to the committees listed in subsection 

7 (a) an estimate of the resources of FEMA and other 

8 Federal agencies that are needed for and devoted 

9 specifically to developing the disaster response capa10 bilities of Federal, State, local, and Tribal govern11 ments. 

12 (2) CLASSIFIED ANNEX.—At the discretion of 

13 the Secretary, the Administrator may include in the 

14 estimate under paragraph (1) a classified annex that 

15 reports on what the Federal Government has on 

16 hand to meet a range of response or recovery needs 

17 related to specific types of events, which may include 

18 floods, wildfires, earth movements, windstorms, dis19 ease outbreaks, manmade disasters such as chemical 

20 attacks, cyberattacks, or radiological incidents. 

21 (3) CONTENTS.—Each estimate under para22 graph (1) shall include an estimate of the resources 

23 both necessary for and devoted to— 

24 (A) planning; 

25 (B) training and exercises; 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•HR 7333 IH

1 (C) Regional Office enhancements; 

2 (D) staffing, including for surge capacity 

3 during a catastrophic incident; 

4 (E) additional logistics capabilities; 

5 (F) other responsibilities under the cata6 strophic incident annex and the catastrophic in7 cident supplement of the National Response 

8 Framework; 

9 (G) reporting on the costs of support of 

10 State, local, and Tribal governments’ cata11 strophic incident preparedness planning; and 

12 (H) covering increases in the fixed costs or 

13 expenses of FEMA, including rent or property 

14 acquisition costs or expenses, taxes, contribu15 tions to the working capital fund of the Depart16 ment of Homeland Security, and security costs 

17 for the year after the year in which such esti18 mate is submitted. 

19 (d) REPORT ON TECHNOLOGY.—Not later than 180 

20 days after the date of enactment of this Act, the Adminis21 trator of FEMA shall submit to the appropriate congres22 sional committees a study on what technology may provide 

23 better predictive information on the detection of pending 

24 disasters and what technology may better measure the 

25 scope of a disaster. 


pamtmann on DSKBFK8HB2PROD with BILLS
20 

•HR 7333 IH

1 (e) VOLUNTEERS AND DISASTER RESPONSE RE2 PORT.—Not later than 180 days after the date of enact3 ment of this Act, the head of the Office of Disaster Re4 sponse shall submit to the appropriate congressional com5 mittees a volunteers and disaster response report that 

6 specifies— 

7 (1) the role that volunteers fill in disaster re8 sponse and rescue; and 

9 (2) recommendations on the contributions of 

10 volunteers and best practices for official disaster re11 sponse, without formalizing the role of volunteers in 

12 disaster response. 

13 (f) COMPILATION OF FATALITY AND MISSING PER14 SONS DATA.—Not later than 1 year after the date on 

15 which the President declares a major disaster or emer16 gency under the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

18 Administrator of FEMA shall submit to the Committee 

19 on Transportation and Infrastructure and the Committee 

20 on Homeland Security of the House of Representatives 

21 and the Committee on Homeland Security and Govern22 mental Affairs and the Committee on Commerce, Science, 

23 and Transportation of the Senate a report that compiles 

24 the number of fatalities and missing persons as a result 


pamtmann on DSKBFK8HB2PROD with BILLS
21 

•HR 7333 IH

1 of such major disaster or emergency, including the causes 

2 of such fatalities, based on data from— 

3 (1) local and State jurisdictions; 

4 (2) mortuary services that operated in the area 

5 of such major disaster or emergency; and 

6 (3) forensics experts, anthropologists, and other 

7 resources the Administrator deems appropriate for 

8 determining accurate and complete fatality and 

9 missing persons data. 

10 (g) FEDERAL REIMBURSEMENTS.—Not later than 

11 240 days after the date of enactment of this Act, the Ad12 ministrator of FEMA shall submit to the Committee on 

13 Transportation and Infrastructure and the Committee on 

14 Homeland Security of the House of Representatives and 

15 the Committee on Homeland Security and Governmental 

16 Affairs and the Committee on Commerce, Science, and 

17 Transportation of the Senate a report on the status of 

18 Federal reimbursements owed to local and State govern19 ments for activities related to disaster recovery incurred 

20 following a presidential declaration of a major disaster or 

21 emergency under the Robert T. Stafford Disaster Relief 

22 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

23 in the years 2010 through 2017. 

24 (h) LONG-TERM RECOVERY.— 


pamtmann on DSKBFK8HB2PROD with BILLS
22 

•HR 7333 IH

1 (1) IN GENERAL.—Not later than 240 days 

2 after the date of enactment of this Act, the Adminis3 trator of FEMA, acting through the Office of Long4 Term Recovery, shall submit to the committees spec5 ified in paragraphs (1) through (8) of subsection (a) 

6 a report that assesses the means of providing short7 and long-term housing for people impacted by feder8 ally declared disasters following September 11, 

9 2001, Hurricanes Katrina, Sandy, Harvey, and 

10 Maria, and the Camp Fire (Paradise, California). 

11 (2) CONSIDERATIONS.—The report required 

12 under paragraph (1) shall consider— 

13 (A) how mucking out of homes or property 

14 post disaster occurred; 

15 (B) how long it took for construction re16 pairs to be performed; and 

17 (C) the adequacy of labor and materials to 

18 meet demand and note any challenges to a 

19 rapid recovery of housing and critical infra20 structure posed by materials supply, labor sup21 ply or contracting expertise in the disaster area. 

22 (3) ASSESSMENT.—The report required under 

23 paragraph (1) shall— 


pamtmann on DSKBFK8HB2PROD with BILLS
23 

•HR 7333 IH

1 (A) assess the feasibility and efficiency of 

2 providing long-term housing at hotels or other 

3 equivalent daily rate accommodation; 

4 (B) consider alternatives that may include 

5 private residences, mass construction of tem6 porary housing, Federal property, or planned 

7 communities for occupancy for under 5 years in 

8 the event of significant loss of housing stock; 

9 and 

10 (C) make recommendations on how best to 

11 resettle individuals who will be displaced from 

12 homes permanently or for a long-term recovery 

13 that will last 3 or more years. 

14 SEC. 202. GOVERNMENT ACCOUNTABILITY OFFICE. 

15 (a) BIENNIAL REPORTS.—Not later than 3 years 

16 after the date of enactment of this Act, and biennially 

17 thereafter, the Comptroller General of the United States 

18 shall submit to the appropriate congressional committees 

19 a report on the activities of the Office of Disaster Re20 sponse and the Office of Disaster Recovery, including rec21 ommendations and assessments of the effectiveness of the 

22 offices. 

23 (b) OFFICE OF DISASTER RECOVERY EFFORTS RE24 PORT.— 


pamtmann on DSKBFK8HB2PROD with BILLS
24 

•HR 7333 IH

1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Comptroller 

3 General shall submit to the appropriate congres4 sional committees a report on long-term recovery ef5 forts following Hurricane Andrew, the attacks of 

6 September 11, 2001, Hurricane Katrina, Hurricane 

7 Ike, Hurricane Sandy, Hurricane Harvey, Hurricane 

8 Maria, Hurricane Florence, and California wild fires. 

9 (2) CONTENT OF REPORT.—The report shall 

10 contain the following: 

11 (A) Information on defining a long-term 

12 recovery, the stages of a long-term recovery, 

13 and the transition from Federal Government re14 sponsibilities for long-term recovery efforts to 

15 State and local leadership. 

16 (B) An assessment of the personnel need17 ed, and the types of expertise or certifications 

18 required, to accomplish the administration and 

19 management of recovery efforts for each of the 

20 disasters described in subsection (a). 

21 (C) An analysis of the success and effi22 ciency of the long-term disaster recovery, and 

23 best practices learned that may be applied to 

24 future long-term disaster recovery plans. 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•HR 7333 IH

1 (D) Recommendations of the Comptroller 

2 General for what should be defined as a long3 term disaster recovery project using existing au4 thority and responsibility of FEMA to advise 

5 and make recommendations to the President re6 garding Presidential Disaster Declarations. 

7 (E) Recommendations of FEMA on the ca8 pacity and competence of FEMA to manage 

9 multiple major Presidential Disaster Declara10 tions simultaneously of the magnitude of 3, 4, 

11 or all 5 of the disasters described in subsection 

12 (a) occurring within weeks of each other. 

13 (F) FEMA’s capability (as such term is 

14 defined in section 741 of title 6, United States 

15 Code) and capacities of the Federal Govern16 ment to respond to a range of catastrophic 

17 events occurring either singularly or concur18 rently, including an assessment of the capacities 

19 of each Federal agency and the total capacity 

20 of the Federal Government. 

21 (c) PETS.—Not later than 180 days after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit to the appropriate congressional committees a re24 port assessing the activity of the Federal Government re25 lating to— 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•HR 7333 IH

1 (1) the Pets Evacuation and Transportation 

2 Standards Act of 2006 (Public Law 109–308); 

3 (2) disaster response resources for pets; and 

4 (3) the activity of the Federal Government dur5 ing the 2017 hurricane season with respect to— 

6 (A) evacuation, rescue, and boarding facili7 ties for animals; 

8 (B) feeding and housing of animals; and 

9 (C) transition to post-disaster placement of 

10 animals. 

11 (d) NATIONAL ALL-HAZARDS DISASTER INSURANCE

12 PROGRAM.—Not later than 320 days after the date of en13 actment of this Act, the Comptroller General shall submit 

14 to Congress a report on— 

15 (1) the feasibility and design of a national all16 hazards disaster insurance program; 

17 (2) the risk of property owners continuing to 

18 underinsure or have no insurance on homes and the 

19 implications of those actions on the financial sta20 bility of the housing market; 

21 (3) the challenge of developing actuarial tables 

22 to determine premiums and the setting options for 

23 premium payments for disaster declaration policies 

24 to be collected annual, quarterly, or monthly; and 


pamtmann on DSKBFK8HB2PROD with BILLS
27 

•HR 7333 IH

1 (4) the challenges and feasibility of selling poli2 cies at the same time a property casualty policy is 

3 purchased. 

4 (e) HOMELESSNESS.—Not later than 12 months 

5 after the date of enactment of the FEMA Modernization 

6 Act of 2018, and annually thereafter, the Comptroller 

7 General shall submit to Congress a report on homelessness 

8 that contains a collection of data based upon registrations 

9 for disaster assistance, information provided by National 

10 Voluntary Organizations Active in Disaster, Bureau of the 

11 Census data, and other sources that provide information 

12 on the state of homelessness in an area impacted by a 

13 disaster. Such report shall— 

14 (1) include an analysis of individuals who were 

15 housed or receiving housing assistance at the time of 

16 the disaster and because of the disaster may be at 

17 risk of homelessness; 

18 (2) determine the best measures for assessing 

19 the potential for homelessness during the long-term 

20 recovery from a disaster; and 

21 (3) make recommendations on how local and 

22 State jurisdictions can identify the homeless during 

23 disaster response and how to structure recovery ef24 forts to minimize homelessness. 


pamtmann on DSKBFK8HB2PROD with BILLS
28 

•HR 7333 IH

1 (f) PEER-TO-PEER LODGING.—Not later than 240 

2 days after the date of enactment of the FEMA Moderniza3 tion Act of 2018, the Comptroller General shall submit 

4 to Congress a report on the use of emergency disaster 

5 housing provided by peer-to-peer lodging or short-term 

6 rental by FEMA staff and other owners of peer-to-peer 

7 lodging who donate, rent, or lease housing to individuals 

8 impacted by disasters during 2017 and 2018. 

9 (g) POST-DISASTER CIVIC ENGAGEMENT.—Not later 

10 than 8 months after the date of enactment of the FEMA 

11 Modernization Act of 2018, the Comptroller General shall 

12 submit to Congress a report on civic engagement following 

13 a disaster, including 9/11 and Hurricanes Katrina, Har14 vey, Michael, Marie, and Florence. The report shall— 

15 (1) analyze how jurisdictions provided support 

16 for citizen voting after those events; 

17 (2) include analysis of the role that Federal, 

18 State, and local governments play in facilitating dis19 aster survivors’ reconnection with the public election 

20 voting process; 

21 (3) state any actions governments have taken 

22 that have impeded civic participation in the form of 

23 registering to vote and casting a ballot in a public 

24 election; and 


pamtmann on DSKBFK8HB2PROD with BILLS
29 

•HR 7333 IH

1 (4) make recommendations on what can be 

2 done to protect voting by persons impacted by disas3 ters. 

4 SEC. 203. CIRCUMSTANCES WHICH MAY IMPACT FIRST RE5 SPONDERS DURING A TERRORIST EVENT. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Comptroller General 

8 of the United States shall submit to the Committee on 

9 Homeland Security of the House of Representatives and 

10 the Committee on Homeland Security and Governmental 

11 Affairs of the Senate a report that describes select State 

12 and local programs and policies, as appropriate, related 

13 to the preparedness and protection of first responders. 

14 The report may include information on— 

15 (1) the degree to which such programs and poli16 cies include consideration of the presence of a first 

17 responder’s family in an area impacted by a terrorist 

18 attack; 

19 (2) the availability of personal protective equip20 ment for first responders; 

21 (3) the availability of home Medkits for first re22 sponders and their families for biological incident re23 sponse; and 

24 (4) other related factors. 


pamtmann on DSKBFK8HB2PROD with BILLS
30 

•HR 7333 IH

1 (b) CONTEXT.—In preparing the report required 

2 under subsection (a), the Comptroller General of the 

3 United States may, as appropriate, provide information— 

4 (1) in a format that delineates high risk urban 

5 areas from rural communities; and 

6 (2) on the degree to which the selected State 

7 and local programs and policies included in such re8 port were developed or are being executed with fund9 ing from the Department of Homeland Security, in10 cluding grant funding from the State Homeland Se11 curity Grant Program or the Urban Area Security 

12 Initiative under sections 2002 and 2003, respec13 tively, of the Homeland Security Act of 2002 (6 

14 U.S.C. 603; 604). 

15 (c) HOMELAND SECURITY CONSIDERATION.—After 

16 issuance of the report required under subsection (a), the 

17 Secretary of Homeland Security shall consider such re18 port’s findings and assess its applicability for Federal first 

19 responders. 

20 TITLE III—DISASTER RECOVERY 

21 SMALL BUSINESS GRANT 

22 PROGRAM 

23 SEC. 301. SHORT TITLE. 

24 This title may be cited as the ‘‘Disaster Recovery 

25 Small Business Grant Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
31 

•HR 7333 IH

1 SEC. 302. DEFINITIONS. 

2 In this title, the following definitions apply: 

3 (1) CLAIM.—The term ‘‘claim’’ means a claim 

4 by an injured concern under this title for payment 

5 for substantial economic injury suffered by the in6 jured concern as a result of a federally declared dis7 aster. 

8 (2) CLAIMANT.—The term ‘‘claimant’’ means 

9 an injured concern that submits a claim under sec10 tion 304(b). 

11 (3) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Small Busi13 ness Administration. 

14 (4) INJURED CONCERN.—The term ‘‘injured 

15 concern’’— 

16 (A) means a small business concern that is 

17 located in an area that is a qualified disaster 

18 area as a result of a federally declared disaster; 

19 and 

20 (B) does not include— 

21 (i) a lender that holds a mortgage on 

22 or security interest in real or personal 

23 property affected by a federally declared 

24 disaster; or 


pamtmann on DSKBFK8HB2PROD with BILLS
32 

•HR 7333 IH

1 (ii) a person that holds a lien on real 

2 or personal property affected by the a fed3 erally declared disaster. 

4 (5) OFFICE.—The term ‘‘Office’’ means the Of5 fice of Disaster Recovery Small Business Grants es6 tablished by section 303. 

7 SEC. 303. OFFICE OF DISASTER RECOVERY SMALL BUSI8 NESS GRANTS. 

9 (a) IN GENERAL.—There is established within the 

10 Small Business Administration an office to be known as 

11 the ‘‘Office of Disaster Recovery Small Business Grants’’. 

12 (b) PURPOSE.—The Office shall receive, process, and 

13 pay claims in accordance with section 304. 

14 (c) FUNDING.—The Office— 

15 (1) shall be funded from funds made available 

16 under this title; and 

17 (2) may reimburse any other Federal agency 

18 for provision of assistance in the receipt and proc19 essing of claims. 

20 (d) PERSONNEL.— 

21 (1) IN GENERAL.—The Office may appoint and 

22 fix the compensation of such temporary personnel as 

23 are necessary to carry out the duties of the Office, 

24 without regard to the provisions of title 5, United 


pamtmann on DSKBFK8HB2PROD with BILLS
33 

•HR 7333 IH

1 States Code, governing appointments in the competi2 tive service. 

3 (2) PERSONNEL FROM OTHER AGENCIES.—On 

4 the request of the Administrator, the head of any 

5 other Federal agency may detail, on a reimbursable 

6 basis, any of the personnel of the agency to the Fed7 eral Emergency Management Agency to assist the 

8 Office in carrying out the duties of the Office under 

9 this title. 

10 (3) EFFECT ON OTHER SBA DUTIES.—The es11 tablishment of the Office shall not diminish the au12 thority of, or funding available to, the Administrator 

13 to carry out the responsibilities of the Small Busi14 ness Act. 

15 SEC. 304. COMPENSATION FOR VICTIMS OF A FEDERALLY 

16 DECLARED DISASTER. 

17 (a) IN GENERAL.—Each injured concern may receive 

18 compensation for substantial economic injury suffered as 

19 a result of a federally declared disaster, as determined by 

20 the Administrator. 

21 (b) SUBMISSION OF CLAIMS.—Not later than 1 year 

22 after the date on which interim final regulations are pro23 mulgated under subsection (h), an injured concern may 

24 submit to the Administrator a written claim for compensaVerDate Sep 11 2014 00:33 Dec 23, 2018 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H7333.IH H7333

pamtmann on DSKBFK8HB2PROD with BILLS
34 

•HR 7333 IH

1 tion for substantial economic injury suffered as a result 

2 of a federally declared disaster. 

3 (c) HANDLING OF CLAIMS.—The Administrator shall 

4 investigate, adjust, grant, deny, settle, or compromise any 

5 claim submitted under subsection (b). 

6 (d) AMOUNT OF GRANT.— 

7 (1) IN GENERAL.—Any grant made to an in8 jured concern— 

9 (A) shall be limited to the amount nec10 essary to compensate the injured concern for 

11 substantial economic injury described in para12 graph (2) suffered as a result of a federally de13 clared disaster during the period beginning on 

14 August 25, 2017, and ending on August 25, 

15 2029; 

16 (B) shall not include— 

17 (i) interest on the amount of the pay18 ment before the date of settlement or pay19 ment of a claim; or 

20 (ii) punitive damages or any other 

21 form of noncompensatory damages; and 

22 (C) shall not exceed $100,000, except in 

23 the case of a grant application for which the 

24 Administrator determines that a greater 

25 amount up to $250,000 is appropriate. 


pamtmann on DSKBFK8HB2PROD with BILLS
35 

•HR 7333 IH

1 (2) SUBSTANTIAL ECONOMIC INJURY.—Under 

2 paragraph (1), an injured concern may receive pay3 ment for substantial economic injury consisting of 1 

4 or more of the following: 

5 (A) An uninsured or underinsured property 

6 loss. 

7 (B) Damage to or destruction of physical 

8 infrastructure. 

9 (C) Damage to or destruction of tangible 

10 assets or inventory. 

11 (D) A business interruption loss. 

12 (E) Overhead costs. 

13 (F) Employee wages for work not per14 formed. 

15 (G) An insurance deductible. 

16 (H) A temporary relocation expense. 

17 (I) Debris removal and other cleanup 

18 costs. 

19 (J) Any other type of substantial economic 

20 injury that the Administrator determines to be 

21 appropriate. 

22 (3) BURDEN OF PROOF.— 

23 (A) IN GENERAL.—A claimant shall have 

24 the burden of demonstrating substantial eco25 nomic injury. 


pamtmann on DSKBFK8HB2PROD with BILLS
36 

•HR 7333 IH

1 (B) ABSENCE OF DOCUMENTS.—If docu2 mentary evidence substantiating substantial 

3 economic injury is not reasonably available, the 

4 Administrator may pay a claim based on an af5 fidavit or other documentation executed by the 

6 claimant. 

7 (e) PAYMENT OF CLAIMS.— 

8 (1) DETERMINATION AND PAYMENT OF

9 AMOUNT.— 

10 (A) IN GENERAL.—To the maximum ex11 tent practicable, not later than 180 days after 

12 the date on which a claim is submitted under 

13 subsection (b), the Administrator shall— 

14 (i) determine the amount, if any, to 

15 be paid for the claim; and 

16 (ii) pay the amount. 

17 (B) PRIORITY.—The Administrator may 

18 establish priorities for processing and paying 

19 claims based on— 

20 (i) an assessment of the needs of the 

21 claimants; and 

22 (ii) any other criteria that the Admin23 istrator determines to be appropriate. 


pamtmann on DSKBFK8HB2PROD with BILLS
37 

•HR 7333 IH

1 (C) PARAMETERS OF DETERMINATION.— 

2 In determining and paying a claim, the Admin3 istrator shall determine only— 

4 (i) whether the claimant is an injured 

5 concern; and 

6 (ii) whether the injuries that are the 

7 subject of the claim resulted from a feder8 ally declared disaster. 

9 (D) INSURANCE AND OTHER BENEFITS.— 

10 (i) IN GENERAL.—Subject to clause 

11 (ii), to prevent recovery by a claimant in 

12 excess of the equivalent of actual amount 

13 of the substantial economic injury suffered 

14 by the claimant in accordance with sub15 section (d), the Administrator shall reduce 

16 the amount to be paid for the claim by an 

17 amount that is equal to the sum of the 

18 payments or settlements of any kind that 

19 were paid, or will be paid, with respect to 

20 the claim, including payments by an insur21 ance company. 

22 (ii) GOVERNMENT LOANS.—Clause (i) 

23 shall not apply to the receipt by a claimant 

24 of any Federal, State, or local government 


pamtmann on DSKBFK8HB2PROD with BILLS
38 

•HR 7333 IH

1 loan that is required to be repaid by the 

2 claimant. 

3 (2) ADVANCE OR PARTIAL PAYMENTS.—At the 

4 request of a claimant, the Administrator may make 

5 1 or more advance or partial payments before the 

6 final approval of a grant. 

7 (f) RECOVERY OF FUNDS IMPROPERLY PAID OR MIS8 USED.—The Administrator may recover any portion of a 

9 payment on a grant that was improperly paid to the claim10 ant as a result of— 

11 (1) fraud or misrepresentation on the part of 

12 the claimant or a representative of the claimant; 

13 (2) a material mistake on the part of the Ad14 ministrator; 

15 (3) the payment of insurance or benefits de16 scribed in subsection (e)(1)(D) that were not taken 

17 into account in determining the amount of the pay18 ment; or 

19 (4) the failure of the claimant to cooperate in 

20 an audit. 

21 (g) APPEALS OF DECISIONS.— 

22 (1) RIGHT OF APPEAL.—A claimant may appeal 

23 a decision concerning payment of a claim by filing, 

24 not later than 60 days after the date on which the 

25 claimant is notified that the claim of the claimant 


pamtmann on DSKBFK8HB2PROD with BILLS
39 

•HR 7333 IH

1 will or will not be paid, a notice of appeal in the case 

2 of a decision on a claim relating to a business loss, 

3 with the Administrator of the Federal Emergency 

4 Management Administration. 

5 (2) PERIOD FOR DECISION.—A decision con6 cerning an appeal under paragraph (1) shall be ren7 dered not later than 90 days after the date on which 

8 the notice of appeal is received. 

9 (h) REGULATIONS.—Notwithstanding any other pro10 vision of law, not later than 45 days after the date of en11 actment of this title— 

12 (1) the Administrator shall promulgate and 

13 publish in the Federal Register interim final regula14 tions for the processing and payment of claims; and 

15 (2) the Administrator and the Administrator of 

16 the Federal Emergency Management Agency shall 

17 jointly promulgate and publish in the Federal Reg18 ister procedures under which a dispute concerning 

19 payment of a claim may be settled through an ap20 peals process described in subsection (g). 

21 (i) PUBLIC INFORMATION.—At the time of publica22 tion of interim final regulations under subsection (h), the 

23 Administrator shall publish a clear, concise, and easily un24 derstandable explanation of the grant program established 

25 under this title the procedural and other requirements of 


pamtmann on DSKBFK8HB2PROD with BILLS
40 

•HR 7333 IH

1 the regulations promulgated under subsection (h). Such 

2 explanation shall be— 

3 (1) disseminated through brochures, pamphlets, 

4 radio, television, the print news media, and such 

5 other media as the Administrator determines to be 

6 likely to reach prospective claimants; and 

7 (2) provided in English, Spanish, and any other 

8 language that the Administrator determines to be 

9 appropriate. 

10 (j) COORDINATION.—In carrying out this section, the 

11 Administrator shall coordinate with the Administrator of 

12 the Federal Emergency Management Agency, other Fed13 eral, State and local agencies, and any other individual 

14 or entity, as the Administrator determines to be necessary 

15 to ensure the efficient administration of the claims proc16 ess. 

17 (k) APPLICABILITY OF DEBT COLLECTION REQUIRE18 MENTS.— 

19 (1) IN GENERAL.—Section 3716 of title 31, 

20 United States Code, shall not preclude any payment 

21 on a claim. 

22 (2) ASSIGNMENT AND EXEMPTION FROM

23 CLAIMS OF CREDITORS.— 


pamtmann on DSKBFK8HB2PROD with BILLS
41 

•HR 7333 IH

1 (A) ASSIGNMENT.—No assignment, re2 lease, or commutation of a payment due or pay3 able under this title shall be valid. 

4 (B) EXEMPTION.— 

5 (i) IN GENERAL.—A payment under 

6 this title shall be exempt from all claims of 

7 creditors and from levy, execution, attach8 ment, or other remedy for recovery or col9 lection of a debt. 

10 (ii) NONWAIVABLE EXEMPTION.—The 

11 exemption provided by clause (i) may not 

12 be waived. 

13 SEC. 305. REPORTS AND AUDITS. 

14 (a) REPORTS.—Not later than 1 year after the date 

15 of promulgation of interim final regulations under section 

16 304(h) and annually thereafter, the Administrator shall 

17 submit to Congress a report that describes the claims sub18 mitted under section 304(b) during the year preceding the 

19 date of submission of the report, including, with respect 

20 to each claim— 

21 (1) the amount claimed; 

22 (2) a brief description of the nature of the 

23 claim; and 

24 (3) the status or disposition of the claim, in25 cluding the amount of any payment on the claim. 


pamtmann on DSKBFK8HB2PROD with BILLS
42 

•HR 7333 IH

1 (b) AUDITS.—The Comptroller General of the United 

2 States shall— 

3 (1) conduct an annual audit of the payment of 

4 all claims submitted under section 304(b); and 

5 (2) not later than 120 days after the date on 

6 which the Administrator submits the initial report 

7 required by subsection (a) and annually thereafter, 

8 submit to Congress a report on the results of the 

9 audit. 

10 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated to carry out this title— 

13 (1) to the Office of Disaster Recovery Small 

14 Business Grants established under section 303 to 

15 administer the claims process, $25,000,000; and 

16 (2) for payment of claims, $975,000,000. 

17 (b) AVAILABILITY.—Amounts made available under 

18 subsection (a) shall remain available until expended. 

19 SEC. 307. TERMINATION OF AUTHORITY. 

20 The authority provided by this title terminates on the 

21 date that is 20 years after the date of enactment of this 

22 Act. 


pamtmann on DSKBFK8HB2PROD with BILLS
43 

•HR 7333 IH

1 TITLE IV—ADMINISTRATIVE 

2 PROVISIONS 

3 SEC. 401. EXTENSION OF AUTHORITIES FOR PANDEMIC 

4 AND ALL-HAZARDS PREPAREDNESS. 

5 (a) TEMPORARY REASSIGNMENT OF STATE AND

6 LOCAL PERSONNEL DURING A PUBLIC HEALTH EMER7 GENCY.—Section 319(e)(8) of the Public Health Service 

8 Act (42 U.S.C. 247d(e)(8)) is amended by striking 

9 ‘‘2018’’ and inserting ‘‘2029’’. 

10 (b) EXEMPTION FROM CERTAIN DISCLOSURE RE11 QUIREMENTS.—Section 319L(e)(1)(C) of the Public 

12 Health Service Act (42 U.S.C. 247d–7(e)(1)(C)) is 

13 amended by striking ‘‘12 years after the date of enactment 

14 of the Pandemic and All-Hazards Preparedness Act’’ and 

15 inserting ‘‘12 years after the date of enactment of the 

16 FEMA Modernization Act of 2018’’. 

17 SEC. 402. TRANSFER OF THE SURGE CAPACITY FORCE. 

18 Section 303 of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5143) is fur20 ther amended by adding at the end the following: 

21 ‘‘(d) SURGE CAPACITY FORCE.— 

22 ‘‘(1) IN GENERAL.—The Administrator shall— 

23 ‘‘(A) prepare and submit to the appro24 priate committees of Congress a plan to trans25 fer the authority of the Surge Capacity Force 


pamtmann on DSKBFK8HB2PROD with BILLS
44 

•HR 7333 IH

1 for deployment of individuals to respond to nat2 ural disasters, acts of terrorism, and other 

3 man-made disasters, including catastrophic inci4 dents; and 

5 ‘‘(B) at such time as determined appro6 priate by the Administrator, transfer such au7 thority and continue the management and oper8 ation of the Surge Capacity Force. 

9 ‘‘(2) EMPLOYEES DESIGNATED TO SERVE.— 

10 The plan shall include procedures under which the 

11 Administrator shall designate employees Executive 

12 agencies, as appropriate, to serve on the Surge Ca13 pacity Force. 

14 ‘‘(3) CAPABILITIES.—The plan shall ensure 

15 that the surge capacity force— 

16 ‘‘(A) includes a sufficient number of indi17 viduals credentialed in accordance with section 

18 510 of the Post-Katrina Emergency Manage19 ment Reform Act of 2006 (6 U.S.C. 320) that 

20 are capable of deploying rapidly and efficiently 

21 after activation to prepare for, respond to, and 

22 recover from natural disasters, acts of ter23 rorism, and other man-made disasters, includ24 ing catastrophic incidents; and 


pamtmann on DSKBFK8HB2PROD with BILLS
45 

•HR 7333 IH

1 ‘‘(B) includes a sufficient number of full2 time, highly trained individuals credentialed in 

3 accordance with such section to lead and man4 age the Surge Capacity Force. 

5 ‘‘(4) TRAINING.—The plan shall ensure that 

6 the Administrator provides appropriate and contin7 uous training to members of the Surge Capacity 

8 Force to ensure such personnel are adequately 

9 trained on the Agency’s programs and policies for 

10 natural disasters, acts of terrorism, and other man11 made disasters. 

12 ‘‘(5) NO IMPACT ON AGENCY PERSONNEL CEIL13 ING.—Surge Capacity Force members shall not be 

14 counted against any personnel ceiling applicable to 

15 the Federal Emergency Management Agency. 

16 ‘‘(6) EXPENSES.—The Administrator may pro17 vide members of the Surge Capacity Force with 

18 travel expenses, including per diem in lieu of subsist19 ence, at rates authorized for employees of agencies 

20 under subchapter I of chapter 57 of title 5 for the 

21 purpose of participating in any training that relates 

22 to service as a member of the Surge Capacity Force. 

23 ‘‘(7) IMMEDIATE IMPLEMENTATION OF SURGE

24 CAPACITY FORCE INVOLVING FEDERAL EMPLOY25 EES.—As soon as practicable, the Administrator 


pamtmann on DSKBFK8HB2PROD with BILLS
46 

•HR 7333 IH

1 shall develop and implement any elements of the 

2 plan needed to establish the portion of the Surge 

3 Capacity Force consisting of individuals designated 

4 under those procedures’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS