(b) CONTEXT.—In preparing the report required 
under subsection (a), the Comptroller General of the 
United States may, as appropriate, provide information— 
(1) in a format that delineates high risk urban 
areas from rural communities; and 
(2) on the degree to which the selected State 
and local programs and policies included in such re-
port were developed or are being executed with fund-
ing from the Department of Homeland Security, in-
cluding grant funding from the State Homeland Se-
curity Grant Program or the Urban Area Security 
Initiative under sections 2002 and 2003, respec-
tively, of the Homeland Security Act of 2002 (6 
U.S.C. 603; 604). 
(c) HOMELAND SECURITY CONSIDERATION.—After 
issuance of the report required under subsection (a), the 
Secretary of Homeland Security shall consider such re-
port’s findings and assess its applicability for Federal first 
responders. 
TITLE III—DISASTER RECOVERY 
SMALL 
BUSINESS 
GRANT 
PROGRAM 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Disaster Recovery 
Small Business Grant Act’’. 
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SEC. 302. DEFINITIONS. 
In this title, the following definitions apply: 
(1) CLAIM.—The term ‘‘claim’’ means a claim 
by an injured concern under this title for payment 
for substantial economic injury suffered by the in-
jured concern as a result of a federally declared dis-
aster. 
(2) CLAIMANT.—The term ‘‘claimant’’ means 
an injured concern that submits a claim under sec-
tion 304(b). 
(3) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Small Busi-
ness Administration. 
(4) INJURED
CONCERN.—The term ‘‘injured 
concern’’— 
(A) means a small business concern that is 
located in an area that is a qualified disaster 
area as a result of a federally declared disaster; 
and 
(B) does not include— 
(i) a lender that holds a mortgage on 
or security interest in real or personal 
property affected by a federally declared 
disaster; or 
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(ii) a person that holds a lien on real 
or personal property affected by the a fed-
erally declared disaster. 
(5) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Disaster Recovery Small Business Grants es-
tablished by section 303. 
SEC. 303. OFFICE OF DISASTER RECOVERY SMALL BUSI-
NESS GRANTS. 
(a) IN GENERAL.—There is established within the 
Small Business Administration an office to be known as 
the ‘‘Office of Disaster Recovery Small Business Grants’’. 
(b) PURPOSE.—The Office shall receive, process, and 
pay claims in accordance with section 304. 
(c) FUNDING.—The Office— 
(1) shall be funded from funds made available 
under this title; and 
(2) may reimburse any other Federal agency 
for provision of assistance in the receipt and proc-
essing of claims. 
(d) PERSONNEL.— 
(1) IN GENERAL.—The Office may appoint and 
fix the compensation of such temporary personnel as 
are necessary to carry out the duties of the Office, 
without regard to the provisions of title 5, United 
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States Code, governing appointments in the competi-
tive service. 
(2) PERSONNEL FROM OTHER AGENCIES.—On 
the request of the Administrator, the head of any 
other Federal agency may detail, on a reimbursable 
basis, any of the personnel of the agency to the Fed-
eral Emergency Management Agency to assist the 
Office in carrying out the duties of the Office under 
this title. 
(3) EFFECT ON OTHER SBA DUTIES.—The es-
tablishment of the Office shall not diminish the au-
thority of, or funding available to, the Administrator 
to carry out the responsibilities of the Small Busi-
ness Act. 
SEC. 304. COMPENSATION FOR VICTIMS OF A FEDERALLY 
DECLARED DISASTER. 
(a) IN GENERAL.—Each injured concern may receive 
compensation for substantial economic injury suffered as 
a result of a federally declared disaster, as determined by 
the Administrator. 
(b) SUBMISSION OF CLAIMS.—Not later than 1 year 
after the date on which interim final regulations are pro-
mulgated under subsection (h), an injured concern may 
submit to the Administrator a written claim for compensa-
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tion for substantial economic injury suffered as a result 
of a federally declared disaster. 
(c) HANDLING OF CLAIMS.—The Administrator shall 
investigate, adjust, grant, deny, settle, or compromise any 
claim submitted under subsection (b). 
(d) AMOUNT OF GRANT.— 
(1) IN GENERAL.—Any grant made to an in-
jured concern— 
(A) shall be limited to the amount nec-
essary to compensate the injured concern for 
substantial economic injury described in para-
graph (2) suffered as a result of a federally de-
clared disaster during the period beginning on 
August 25, 2017, and ending on August 25, 
2029; 
(B) shall not include— 
(i) interest on the amount of the pay-
ment before the date of settlement or pay-
ment of a claim; or 
(ii) punitive damages or any other 
form of noncompensatory damages; and 
(C) shall not exceed $100,000, except in 
the case of a grant application for which the 
Administrator 
determines 
that 
a 
greater 
amount up to $250,000 is appropriate. 
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(2) SUBSTANTIAL
ECONOMIC
INJURY.—Under 
paragraph (1), an injured concern may receive pay-
ment for substantial economic injury consisting of 1 
or more of the following: 
(A) An uninsured or underinsured property 
loss. 
(B) Damage to or destruction of physical 
infrastructure. 
(C) Damage to or destruction of tangible 
assets or inventory. 
(D) A business interruption loss. 
(E) Overhead costs. 
(F) Employee wages for work not per-
formed. 
(G) An insurance deductible. 
(H) A temporary relocation expense. 
(I) Debris removal and other cleanup 
costs. 
(J) Any other type of substantial economic 
injury that the Administrator determines to be 
appropriate. 
(3) BURDEN OF PROOF.— 
(A) IN GENERAL.—A claimant shall have 
the burden of demonstrating substantial eco-
nomic injury. 
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(C) PARAMETERS OF DETERMINATION.— 
In determining and paying a claim, the Admin-
istrator shall determine only— 
(i) whether the claimant is an injured 
concern; and 
(ii) whether the injuries that are the 
subject of the claim resulted from a feder-
ally declared disaster. 
(D) INSURANCE AND OTHER BENEFITS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), to prevent recovery by a claimant in 
excess of the equivalent of actual amount 
of the substantial economic injury suffered 
by the claimant in accordance with sub-
section (d), the Administrator shall reduce 
the amount to be paid for the claim by an 
amount that is equal to the sum of the 
payments or settlements of any kind that 
were paid, or will be paid, with respect to 
the claim, including payments by an insur-
ance company. 
(ii) GOVERNMENT LOANS.—Clause (i) 
shall not apply to the receipt by a claimant 
of any Federal, State, or local government 
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loan that is required to be repaid by the 
claimant. 
(2) ADVANCE OR PARTIAL PAYMENTS.—At the 
request of a claimant, the Administrator may make 
1 or more advance or partial payments before the 
final approval of a grant. 
(f) RECOVERY OF FUNDS IMPROPERLY PAID OR MIS-
USED.—The Administrator may recover any portion of a 
payment on a grant that was improperly paid to the claim-
ant as a result of— 
(1) fraud or misrepresentation on the part of 
the claimant or a representative of the claimant; 
(2) a material mistake on the part of the Ad-
ministrator; 
(3) the payment of insurance or benefits de-
scribed in subsection (e)(1)(D) that were not taken 
into account in determining the amount of the pay-
ment; or 
(4) the failure of the claimant to cooperate in 
an audit. 
(g) APPEALS OF DECISIONS.— 
(1) RIGHT OF APPEAL.—A claimant may appeal 
a decision concerning payment of a claim by filing, 
not later than 60 days after the date on which the 
claimant is notified that the claim of the claimant 
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will or will not be paid, a notice of appeal in the case 
of a decision on a claim relating to a business loss, 
with the Administrator of the Federal Emergency 
Management Administration. 
(2) PERIOD
FOR
DECISION.—A decision con-
cerning an appeal under paragraph (1) shall be ren-
dered not later than 90 days after the date on which 
the notice of appeal is received. 
(h) REGULATIONS.—Notwithstanding any other pro-
vision of law, not later than 45 days after the date of en-
actment of this title— 
(1) the Administrator shall promulgate and 
publish in the Federal Register interim final regula-
tions for the processing and payment of claims; and 
(2) the Administrator and the Administrator of 
the Federal Emergency Management Agency shall 
jointly promulgate and publish in the Federal Reg-
ister procedures under which a dispute concerning 
payment of a claim may be settled through an ap-
peals process described in subsection (g). 
(i) PUBLIC INFORMATION.—At the time of publica-
tion of interim final regulations under subsection (h), the 
Administrator shall publish a clear, concise, and easily un-
derstandable explanation of the grant program established 
under this title the procedural and other requirements of 
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the regulations promulgated under subsection (h). Such 
explanation shall be— 
(1) disseminated through brochures, pamphlets, 
radio, television, the print news media, and such 
other media as the Administrator determines to be 
likely to reach prospective claimants; and 
(2) provided in English, Spanish, and any other 
language that the Administrator determines to be 
appropriate. 
(j) COORDINATION.—In carrying out this section, the 
Administrator shall coordinate with the Administrator of 
the Federal Emergency Management Agency, other Fed-
eral, State and local agencies, and any other individual 
or entity, as the Administrator determines to be necessary 
to ensure the efficient administration of the claims proc-
ess. 
(k) APPLICABILITY OF DEBT COLLECTION REQUIRE-
MENTS.— 
(1) IN
GENERAL.—Section 3716 of title 31, 
United States Code, shall not preclude any payment 
on a claim. 
(2) 
ASSIGNMENT
AND
EXEMPTION
FROM 
CLAIMS OF CREDITORS.— 
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(A) ASSIGNMENT.—No assignment, re-
lease, or commutation of a payment due or pay-
able under this title shall be valid. 
(B) EXEMPTION.— 
(i) IN GENERAL.—A payment under 
this title shall be exempt from all claims of 
creditors and from levy, execution, attach-
ment, or other remedy for recovery or col-
lection of a debt. 
(ii) NONWAIVABLE EXEMPTION.—The 
exemption provided by clause (i) may not 
be waived. 
SEC. 305. REPORTS AND AUDITS. 
(a) REPORTS.—Not later than 1 year after the date 
of promulgation of interim final regulations under section 
304(h) and annually thereafter, the Administrator shall 
submit to Congress a report that describes the claims sub-
mitted under section 304(b) during the year preceding the 
date of submission of the report, including, with respect 
to each claim— 
(1) the amount claimed; 
(2) a brief description of the nature of the 
claim; and 
(3) the status or disposition of the claim, in-
cluding the amount of any payment on the claim. 
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(b) AUDITS.—The Comptroller General of the United 
States shall— 
(1) conduct an annual audit of the payment of 
all claims submitted under section 304(b); and 
(2) not later than 120 days after the date on 
which the Administrator submits the initial report 
required by subsection (a) and annually thereafter, 
submit to Congress a report on the results of the 
audit. 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title— 
(1) to the Office of Disaster Recovery Small 
Business Grants established under section 303 to 
administer the claims process, $25,000,000; and 
(2) for payment of claims, $975,000,000. 
(b) AVAILABILITY.—Amounts made available under 
subsection (a) shall remain available until expended. 
SEC. 307. TERMINATION OF AUTHORITY. 
The authority provided by this title terminates on the 
date that is 20 years after the date of enactment of this 
Act. 
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TITLE IV—ADMINISTRATIVE 
PROVISIONS 
SEC. 401. EXTENSION OF AUTHORITIES FOR PANDEMIC 
AND ALL-HAZARDS PREPAREDNESS. 
(a) TEMPORARY REASSIGNMENT
OF STATE
AND 
LOCAL PERSONNEL DURING A PUBLIC HEALTH EMER-
GENCY.—Section 319(e)(8) of the Public Health Service 
Act (42 U.S.C. 247d(e)(8)) is amended by striking 
‘‘2018’’ and inserting ‘‘2029’’. 
(b) EXEMPTION FROM CERTAIN DISCLOSURE RE-
QUIREMENTS.—Section 319L(e)(1)(C) of the Public 
Health Service Act (42 U.S.C. 247d–7(e)(1)(C)) is 
amended by striking ‘‘12 years after the date of enactment 
of the Pandemic and All-Hazards Preparedness Act’’ and 
inserting ‘‘12 years after the date of enactment of the 
FEMA Modernization Act of 2018’’. 
SEC. 402. TRANSFER OF THE SURGE CAPACITY FORCE. 
Section 303 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5143) is fur-
ther amended by adding at the end the following: 
‘‘(d) SURGE CAPACITY FORCE.— 
‘‘(1) IN GENERAL.—The Administrator shall— 
‘‘(A) prepare and submit to the appro-
priate committees of Congress a plan to trans-
fer the authority of the Surge Capacity Force 
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for deployment of individuals to respond to nat-
ural disasters, acts of terrorism, and other 
man-made disasters, including catastrophic inci-
dents; and 
‘‘(B) at such time as determined appro-
priate by the Administrator, transfer such au-
thority and continue the management and oper-
ation of the Surge Capacity Force. 
‘‘(2) EMPLOYEES
DESIGNATED
TO
SERVE.— 
The plan shall include procedures under which the 
Administrator shall designate employees Executive 
agencies, as appropriate, to serve on the Surge Ca-
pacity Force. 
‘‘(3) CAPABILITIES.—The plan shall ensure 
that the surge capacity force— 
‘‘(A) includes a sufficient number of indi-
viduals credentialed in accordance with section 
510 of the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (6 U.S.C. 320) that 
are capable of deploying rapidly and efficiently 
after activation to prepare for, respond to, and 
recover from natural disasters, acts of ter-
rorism, and other man-made disasters, includ-
ing catastrophic incidents; and 
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‘‘(B) includes a sufficient number of full- 
time, highly trained individuals credentialed in 
accordance with such section to lead and man-
age the Surge Capacity Force. 
‘‘(4) TRAINING.—The plan shall ensure that 
the Administrator provides appropriate and contin-
uous training to members of the Surge Capacity 
Force to ensure such personnel are adequately 
trained on the Agency’s programs and policies for 
natural disasters, acts of terrorism, and other man- 
made disasters. 
‘‘(5) NO IMPACT ON AGENCY PERSONNEL CEIL-
ING.—Surge Capacity Force members shall not be 
counted against any personnel ceiling applicable to 
the Federal Emergency Management Agency. 
‘‘(6) EXPENSES.—The Administrator may pro-
vide members of the Surge Capacity Force with 
travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5 for the 
purpose of participating in any training that relates 
to service as a member of the Surge Capacity Force. 
‘‘(7) IMMEDIATE IMPLEMENTATION OF SURGE 
CAPACITY
FORCE
INVOLVING
FEDERAL
EMPLOY-
EES.—As soon as practicable, the Administrator 
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shall develop and implement any elements of the 
plan needed to establish the portion of the Surge 
Capacity Force consisting of individuals designated 
under those procedures’’. 
Æ 
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