[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7333 Introduced in House (IH)]

<DOC>






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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FEMA Modernization 
Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of FEMA.
            (2) FEMA.--The term ``FEMA'' means the Federal Emergency 
        Management Agency.

                TITLE I--DISASTER RESPONSE AND RECOVERY

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

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall take such actions as are 
necessary to ensure that the Office of Response and Recovery of the 
Agency is divided into an Office of Disaster Response and an Office of 
Disaster Recovery, subject to the requirements of this section.
    (b) Office of Disaster Response.--
            (1) Duties.--The duties of the Office of Disaster Response 
        shall be as follows:
                    (A) Lead Federal disaster response.
                    (B) Prepare for, coordinate, and facilitate Federal 
                support for State managed and locally executed multi-
                stakeholder engagement in planning and coordinating of 
                disaster response.
                    (C) Coordinate and manage Federal Emergency 
                Management Agency assigned staff and maintain awareness 
                of other Federal agency disaster response assigned 
                staff or other personnel deployments to State or local 
                government offices to better collaborate and coordinate 
                Federal efforts in support of State managed and locally 
                executed disaster preparedness and response activities.
                    (D) Conduct public education on the disaster 
                response roles of Federal, State and local governments.
                    (E) Any other duty determined appropriate by the 
                Administrator.
            (2) Officers.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall appoint an 
        Associate Administrator of the Office of Disaster Response and 
        deputy associate administrators, as determined appropriate.
            (3) Additional positions.--The Administrator may create, 
        and appoint individuals to, such positions as are considered 
        necessary by the Administrator, including--
                    (A) a military liaison officer to work with the 
                defense coordinating officer; and
                    (B) a Liaison Officer for Asset Acquisition and 
                Deployment in Federal supported, State managed, and 
                locally executed plan to support the delivery of funds, 
                equipment, and resources to local jurisdictions in 
                advance of pending disasters by facilitating engagement 
                by the private sector with State and local governments 
                in support of meeting the pending disaster response 
                needs.
    (c) Office of Disaster Recovery.--
            (1) Duties.--The duties of the Office of Disaster Recovery 
        shall be as follows:
                    (A) Assess recovery following a disaster and make 
                recommendations on the estimated time for recovery.
                    (B) Provide definitions of what constitutes a 
                short-term recovery and a long-term recovery, and how 
                this determination shall be made in assessing post 
                disaster recovery periods.
                    (C) Coordinate and manage Federal assigned staff 
                from the Federal Emergency Management Agency to be sent 
                to work in State or local government agencies.
                    (D) Carry out the accurate collection, retention, 
                and reporting of data related to Federal disaster 
                recovery and shall act as a resource on post-disaster 
                recovery efforts.
                    (E) Submit to the Committee on Oversight and 
                Government Reform of the House of Representatives and 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate an annual report on the status of 
                all recovery projects during the prior year, including 
                whether Federal projects are on time, within cost, and 
                meeting the needs and objectives of recovery.
                    (F) Provide for civil engineers that make 
                recommendations to the Administrator and partnering 
                Federal agencies on the scope and severity of damage, 
                projections on rehabilitation, demolition, repair, and 
                reconstruction of critical infrastructure deemed 
                essential to Federal, State, and local government, 
                accessing impacted areas, or achieving stability in the 
                recovery process.
                    (G) Any other duty determined appropriate by the 
                Administrator.
            (2) Officers.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall appoint an 
        Associate Administrator of the Office of Disaster Recovery and 
        deputy associate administrators, as determined appropriate.
            (3) Additional positions.--The Administrator may create, 
        and appoint individuals to, such positions as are considered 
        necessary by the Administrator.
    (d) Ombudsman.--The Office of Disaster Response and the Office of 
Disaster Recovery shall both employ an ombudsman.
    (e) Office of Long-Term Recovery.--Not later than 18 months after 
the date of enactment of this Act, the Administrator shall establish an 
Office of Long Term Recovery. The duties of such Office shall be 
determined by the Administrator.

SEC. 102. MEDICAL DISASTER RESPONSE AND RECOVERY TRAINING FACILITY.

    Section 303 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5143) is amended by adding at the end the 
following:
    ``(c) Medical Disaster Response and Recovery Training Facility.--
            ``(1) Establishment.--Not later than 18 months after the 
        date of enactment of the FEMA Modernization Act of 2018, the 
        President, acting through the Secretary of Health and Human 
        Services in consultation with the Administrator of the Federal 
        Emergency Management Agency, shall establish a medical disaster 
        response and recovery training facility in accordance with this 
        subsection.
            ``(2) Management.--The medical facility established under 
        paragraph (1) shall be managed by the Secretary of Health and 
        Human Services and in consultation with the Administrator of 
        the Federal Emergency Management Agency.
            ``(3) Capacity.--The facility established under this 
        subsection shall have a capacity to train 800 medical personnel 
        annually, which shall increase to 1,200 annually on the date 
        that is 5 years after the date of enactment of the FEMA 
        Modernization Act of 2018.
            ``(4) Report.--Not later than 240 days after the date of 
        enactment of the FEMA Modernization Act of 2018 the 
        Administrator shall submit to the Committee on Homeland 
        Security, the Committee on Energy and Commerce, the Committee 
        on Ways and Means, and the Committee on Veterans' Affairs of 
        the House of Representatives, the Committee on Homeland 
        Security and Governmental Affairs, the Committee on Banking, 
        Housing, and Urban Affairs, the Committee on Health, Education, 
        Labor, and Pensions, and the Committee on Veterans' Affairs of 
        the Senate a report containing a plan to engage local and State 
        government partners in promotion of the development of surge 
        teams.
    ``(d) National Disaster Medical Triage.--
            ``(1) In general.--The President, acting through the 
        Administrator of the Federal Emergency Management Agency, in 
        consultation with the National Association of Emergency Medical 
        Technicians and the Military Health System, shall establish a 
        National Disaster Medical Triage capacity that shall include 
        the development of guidelines for Tactical Disaster Casualty 
        Care which shall be used for medical evacuation protocols to be 
        implemented by local and State governments in advance of 
        certain major disasters, as designated by the Administrator in 
        consultation with the Secretary of Health and Human Services 
        and the Secretary of Veterans Affairs to--
                    ``(A) remove individuals with requisite health 
                conditions, including dialysis patients, heart 
                patients, diabetics, physically impaired individuals, 
                pregnant individuals, those who have recently delivered 
                a child, and individuals recovering from surgery, out 
                of the path of danger; and
                    ``(B) establish medical priorities policies for 
                certain disaster situations, as determined by the 
                Administrator, to reduce loss of life and human 
                suffering.
            ``(2) Local efforts.--In carrying out this subsection, the 
        Administrator shall promote local efforts to develop compacts 
        with medical systems to take patients for short-term disaster 
        evacuation or to host locations for field hospitals when 
        needed.
            ``(3) Liability protections.--
                    ``(A) In general.--Subject to this paragraph, a 
                covered person shall be immune from suit and liability 
                under Federal and State law with respect to all claims 
                for medical care by a board certified or accredited 
                practitioner arising out of medical services provided 
                to an individual in the course of a medical evacuation 
                protocol described in paragraph (1).
                    ``(B) Covered person.--The term `covered person' 
                means a person--
                            ``(i) who is a health care provider 
                        licensed under the laws of the State in which 
                        the action giving rise to the claim described 
                        in subparagraph (A) occurred;
                            ``(ii) who was providing medical services 
                        that are within the scope of the person's 
                        license;
                            ``(iii) was acting in accordance with a 
                        protocol described in paragraph (1); and
                            ``(iv) is acting in a volunteer capacity.
                    ``(C) Willful misconduct.--This paragraph shall not 
                apply in the case of willful misconduct (as such term 
                is defined in section 319F-3 of the Public Health 
                Service Act (42 U.S.C. 247-6d)).
    ``(e) Incident Medical Recovery Management Team.--Not later than 18 
months after the date of enactment of the FEMA Modernization Act of 
2018, the President, acting through the Administrator of the Federal 
Emergency Management Agency and in consultation with the American 
College of Surgeons and the Department of Defense Health Agency, shall 
establish an Incident Medical Recovery Management Team to determine 
best practices in implementing an Advanced Trauma Life Support 
capabilities, to assess health impacts that result from federally 
declared disasters.''.

SEC. 103. LABOR TRAINING PROGRAM.

    (a) Establishment.--The Administrator shall establish a program to 
provide education and job training to those who become unemployed or 
underemployed due to the effects of a federally declared disaster and 
who have enrolled for disaster assistance through a federally created 
or recognized program. To qualify for assistance under this section, an 
individual shall have been employed, receiving government employment 
assistance or benefits, or enrolled in a high school, college, or 
training program at the time of the disaster. Such assistance may be in 
the form of unemployment benefits, job training programs, and displaced 
worker assistance.
    (b) Use of Funds.--Funds provided under the program shall be used 
for--
            (1) retraining or new employment skills training or 
        education to fill positions that will transition the person 
        into new jobs; and
            (2) providing incentives to employers who employ 
        individuals who are receiving housing assistance under section 
        102 or have filed a disaster claim under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section 
$100,000,000, for each of fiscal years 2019 through 2029.

SEC. 104. DISASTER EMERGENCY HOUSING ASSISTANCE GRANT PROGRAM.

    (a) Establishment.--There shall be established a Disaster Emergency 
Housing Assistance Grant Program under which Administrator of FEMA may 
authorize the Secretary of Housing and Urban Development, pursuant to 
the authority under section 408 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174) and according to 
the terms of such section, to provide immediate housing and urban 
development assistance that meets the particular housing needs of 
survivors of a federally declared disaster event.
    (b) Funding.--There are authorized to be appropriated not more than 
$300,000,000, for each of fiscal years 2019 through 2029 to carry out 
the program under this section.
    (c) Authority.--The President may grant to the Administrator of 
FEMA approval to activate a Disaster Emergency Housing Assistance Grant 
Program.
    (d) Waiver.--The requirements of section 408 of such Act may be 
waived for 180 days by the President if a request for a waiver is made 
by the Administrator and agreed to by the Secretary of Housing and 
Urban Development in the case of a federally declared major disaster 
wherein 60 percent or more of the housing stock is severely damaged, 
destroyed, or is otherwise render medically unsafe for human 
habitation, which shall include condominiums and housing cooperatives.

SEC. 105. HOUSING POST DISASTER STABILITY.

    (a) Establishment.--Not later than 365 days after the date of 
enactment of this Act, the Administrator of FEMA, in coordination with 
the Secretary of Housing and Urban Development and with the advice of 
the Bureau of Consumer Financial Protection, shall establish mechanisms 
to stabilize housing economies within areas designated as Federal 
disasters for the period of 60 months into a long-term recovery such 
that the available housing designated as low- and moderate-income 
housing is maintained at a rate that meets 90 percent or more of the 
pre-disaster low- to moderate-income housing levels for the population 
impacted by the disaster.
    (b) Requirements.--In establishing the mechanisms under subsection 
(a), the Secretary shall ensure the following:
            (1) Multi-unit housing owners or operators who receive 
        disaster-related loans provided by the Small Business 
        Administration, or provided with other Federal funding to 
        recover, rehabilitate, or construct new housing, are prohibited 
        from raising rents on those multi-family housing units for the 
        first 18 months of occupancy following the disaster-related 
        repairs or construction have ended.
            (2) Beginning on the date that is 18 months after a report 
        of construction is completed and an necessary inspections 
        certify that a segment of multifamily housing is approved for 
        occupancy, for a period of 30 months after occupancy begins 
        with respect to each unit that was repaired or created using 
        Federal assistance, the cost of rent for such unit shall not 
        increase by more than 10 percent of the rent charged for the 
        month prior to the disaster.
            (3) New multi-unit housing rental rates should be 
        comparable to the rents charged for similar rentals serving the 
        market impacted by the disaster.
            (4) With respect to any unit of housing designated as a 
        single, individually owned housing unit in a multi-unit 
        building by local tax records at least 24 months prior to a 
        Federally declared major disaster--
                    (A) homeowners or purchasers of such a unit shall 
                qualify for housing repair and new construction 
                assistance under a loan program carried out by the 
                Secretary that provides for Federal guaranteed loans at 
                the 1.25 percent; and
                    (B) owners or operators of such a multi-unit 
                building shall qualify for assistance for 
                reconstruction or repair of common areas under a loan 
                program carried out by the Secretary that provides for 
                Federal guaranteed loans at a rate of 4.5 percent.

SEC. 106. PROHIBITION ON ENFORCEMENT OF IMMIGRATION.

    Notwithstanding any other provision of law, during a federally 
declared disaster, the Secretary of Homeland Security may not enforce 
the immigration laws (as such term is defined in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101)) with respect to any 
alien who is seeking assistance, including housing, as a result of such 
disaster.

                           TITLE II--REPORTS

SEC. 201. FEDERAL EMERGENCY MANAGEMENT AGENCY REPORTS.

    (a) Casework Management System Report.--Not later than 1 year after 
the date of enactment of this Act, the Administrator shall submit a 
report on the ability of FEMA to support a State managed and locally 
executed casework management system to coordinate and deliver direct 
assistance to disaster survivors in placing applications for Federal 
post disaster assistance to the following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Energy and Commerce of the House of 
        Representatives.
            (3) The Committee on Ways and Means of the House of 
        Representatives.
            (4) The Committee on Veterans' Affairs of the House of 
        Representatives.
            (5) The Committee on House Administration of the House of 
        Representatives.
            (6) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (7) The Committee on Banking, Housing, and Urban Affairs of 
        the Senate.
            (8) The Committee on Health, Education, Labor, and Pensions 
        of the Senate.
            (9) The Committee on Veterans' Affairs of the Senate.
            (10) The Committee on Rules and Administration of the 
        Senate.
    (b) After-Action Reports.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Administrator of 
FEMA shall submit to the committees listed in subsection (a) an after-
action report on the activities of the Office of Disaster Response and 
the Office of Disaster Recovery, including--
            (1) the types of disasters responded to;
            (2) the resources needed;
            (3) strengths and weaknesses of the response or mitigation 
        effort;
            (4) lessons learned; and
            (5) recommendations on how to improve.
    (c) Catastrophic Resource Reports.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the 
        Administrator of FEMA shall develop and submit to the 
        committees listed in subsection (a) an estimate of the 
        resources of FEMA and other Federal agencies that are needed 
        for and devoted specifically to developing the disaster 
        response capabilities of Federal, State, local, and Tribal 
        governments.
            (2) Classified annex.--At the discretion of the Secretary, 
        the Administrator may include in the estimate under paragraph 
        (1) a classified annex that reports on what the Federal 
        Government has on hand to meet a range of response or recovery 
        needs related to specific types of events, which may include 
        floods, wildfires, earth movements, windstorms, disease 
        outbreaks, manmade disasters such as chemical attacks, 
        cyberattacks, or radiological incidents.
            (3) Contents.--Each estimate under paragraph (1) shall 
        include an estimate of the resources both necessary for and 
        devoted to--
                    (A) planning;
                    (B) training and exercises;
                    (C) Regional Office enhancements;
                    (D) staffing, including for surge capacity during a 
                catastrophic incident;
                    (E) additional logistics capabilities;
                    (F) other responsibilities under the catastrophic 
                incident annex and the catastrophic incident supplement 
                of the National Response Framework;
                    (G) reporting on the costs of support of State, 
                local, and Tribal governments' catastrophic incident 
                preparedness planning; and
                    (H) covering increases in the fixed costs or 
                expenses of FEMA, including rent or property 
                acquisition costs or expenses, taxes, contributions to 
                the working capital fund of the Department of Homeland 
                Security, and security costs for the year after the 
                year in which such estimate is submitted.
    (d) Report on Technology.--Not later than 180 days after the date 
of enactment of this Act, the Administrator of FEMA shall submit to the 
appropriate congressional committees a study on what technology may 
provide better predictive information on the detection of pending 
disasters and what technology may better measure the scope of a 
disaster.
    (e) Volunteers and Disaster Response Report.--Not later than 180 
days after the date of enactment of this Act, the head of the Office of 
Disaster Response shall submit to the appropriate congressional 
committees a volunteers and disaster response report that specifies--
            (1) the role that volunteers fill in disaster response and 
        rescue; and
            (2) recommendations on the contributions of volunteers and 
        best practices for official disaster response, without 
        formalizing the role of volunteers in disaster response.
    (f) Compilation of Fatality and Missing Persons Data.--Not later 
than 1 year after the date on which the President declares a major 
disaster or emergency under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of 
FEMA shall submit to the Committee on Transportation and Infrastructure 
and the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report that compiles the number of fatalities and missing persons as a 
result of such major disaster or emergency, including the causes of 
such fatalities, based on data from--
            (1) local and State jurisdictions;
            (2) mortuary services that operated in the area of such 
        major disaster or emergency; and
            (3) forensics experts, anthropologists, and other resources 
        the Administrator deems appropriate for determining accurate 
        and complete fatality and missing persons data.
    (g) Federal Reimbursements.--Not later than 240 days after the date 
of enactment of this Act, the Administrator of FEMA shall submit to the 
Committee on Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
status of Federal reimbursements owed to local and State governments 
for activities related to disaster recovery incurred following a 
presidential declaration of a major disaster or emergency under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) in the years 2010 through 2017.
    (h) Long-Term Recovery.--
            (1) In general.--Not later than 240 days after the date of 
        enactment of this Act, the Administrator of FEMA, acting 
        through the Office of Long-Term Recovery, shall submit to the 
        committees specified in paragraphs (1) through (8) of 
        subsection (a) a report that assesses the means of providing 
        short- and long-term housing for people impacted by federally 
        declared disasters following September 11, 2001, Hurricanes 
        Katrina, Sandy, Harvey, and Maria, and the Camp Fire (Paradise, 
        California).
            (2) Considerations.--The report required under paragraph 
        (1) shall consider--
                    (A) how mucking out of homes or property post 
                disaster occurred;
                    (B) how long it took for construction repairs to be 
                performed; and
                    (C) the adequacy of labor and materials to meet 
                demand and note any challenges to a rapid recovery of 
                housing and critical infrastructure posed by materials 
                supply, labor supply or contracting expertise in the 
                disaster area.
            (3) Assessment.--The report required under paragraph (1) 
        shall--
                    (A) assess the feasibility and efficiency of 
                providing long-term housing at hotels or other 
                equivalent daily rate accommodation;
                    (B) consider alternatives that may include private 
                residences, mass construction of temporary housing, 
                Federal property, or planned communities for occupancy 
                for under 5 years in the event of significant loss of 
                housing stock; and
                    (C) make recommendations on how best to resettle 
                individuals who will be displaced from homes 
                permanently or for a long-term recovery that will last 
                3 or more years.

SEC. 202. GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Biennial Reports.--Not later than 3 years after the date of 
enactment of this Act, and biennially thereafter, the Comptroller 
General of the United States shall submit to the appropriate 
congressional committees a report on the activities of the Office of 
Disaster Response and the Office of Disaster Recovery, including 
recommendations and assessments of the effectiveness of the offices.
    (b) Office of Disaster Recovery Efforts Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the appropriate congressional committees a report on long-term 
        recovery efforts following Hurricane Andrew, the attacks of 
        September 11, 2001, Hurricane Katrina, Hurricane Ike, Hurricane 
        Sandy, Hurricane Harvey, Hurricane Maria, Hurricane Florence, 
        and California wild fires.
            (2) Content of report.--The report shall contain the 
        following:
                    (A) Information on defining a long-term recovery, 
                the stages of a long-term recovery, and the transition 
                from Federal Government responsibilities for long-term 
                recovery efforts to State and local leadership.
                    (B) An assessment of the personnel needed, and the 
                types of expertise or certifications required, to 
                accomplish the administration and management of 
                recovery efforts for each of the disasters described in 
                subsection (a).
                    (C) An analysis of the success and efficiency of 
                the long-term disaster recovery, and best practices 
                learned that may be applied to future long-term 
                disaster recovery plans.
                    (D) Recommendations of the Comptroller General for 
                what should be defined as a long-term disaster recovery 
                project using existing authority and responsibility of 
                FEMA to advise and make recommendations to the 
                President regarding Presidential Disaster Declarations.
                    (E) Recommendations of FEMA on the capacity and 
                competence of FEMA to manage multiple major 
                Presidential Disaster Declarations simultaneously of 
                the magnitude of 3, 4, or all 5 of the disasters 
                described in subsection (a) occurring within weeks of 
                each other.
                    (F) FEMA's capability (as such term is defined in 
                section 741 of title 6, United States Code) and 
                capacities of the Federal Government to respond to a 
                range of catastrophic events occurring either 
                singularly or concurrently, including an assessment of 
                the capacities of each Federal agency and the total 
                capacity of the Federal Government.
    (c) Pets.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall submit to the appropriate 
congressional committees a report assessing the activity of the Federal 
Government relating to--
            (1) the Pets Evacuation and Transportation Standards Act of 
        2006 (Public Law 109-308);
            (2) disaster response resources for pets; and
            (3) the activity of the Federal Government during the 2017 
        hurricane season with respect to--
                    (A) evacuation, rescue, and boarding facilities for 
                animals;
                    (B) feeding and housing of animals; and
                    (C) transition to post-disaster placement of 
                animals.
    (d) National All-Hazards Disaster Insurance Program.--Not later 
than 320 days after the date of enactment of this Act, the Comptroller 
General shall submit to Congress a report on--
            (1) the feasibility and design of a national all-hazards 
        disaster insurance program;
            (2) the risk of property owners continuing to underinsure 
        or have no insurance on homes and the implications of those 
        actions on the financial stability of the housing market;
            (3) the challenge of developing actuarial tables to 
        determine premiums and the setting options for premium payments 
        for disaster declaration policies to be collected annual, 
        quarterly, or monthly; and
            (4) the challenges and feasibility of selling policies at 
        the same time a property casualty policy is purchased.
    (e) Homelessness.--Not later than 12 months after the date of 
enactment of the FEMA Modernization Act of 2018, and annually 
thereafter, the Comptroller General shall submit to Congress a report 
on homelessness that contains a collection of data based upon 
registrations for disaster assistance, information provided by National 
Voluntary Organizations Active in Disaster, Bureau of the Census data, 
and other sources that provide information on the state of homelessness 
in an area impacted by a disaster. Such report shall--
            (1) include an analysis of individuals who were housed or 
        receiving housing assistance at the time of the disaster and 
        because of the disaster may be at risk of homelessness;
            (2) determine the best measures for assessing the potential 
        for homelessness during the long-term recovery from a disaster; 
        and
            (3) make recommendations on how local and State 
        jurisdictions can identify the homeless during disaster 
        response and how to structure recovery efforts to minimize 
        homelessness.
    (f) Peer-to-Peer Lodging.--Not later than 240 days after the date 
of enactment of the FEMA Modernization Act of 2018, the Comptroller 
General shall submit to Congress a report on the use of emergency 
disaster housing provided by peer-to-peer lodging or short-term rental 
by FEMA staff and other owners of peer-to-peer lodging who donate, 
rent, or lease housing to individuals impacted by disasters during 2017 
and 2018.
    (g) Post-Disaster Civic Engagement.--Not later than 8 months after 
the date of enactment of the FEMA Modernization Act of 2018, the 
Comptroller General shall submit to Congress a report on civic 
engagement following a disaster, including 9/11 and Hurricanes Katrina, 
Harvey, Michael, Marie, and Florence. The report shall--
            (1) analyze how jurisdictions provided support for citizen 
        voting after those events;
            (2) include analysis of the role that Federal, State, and 
        local governments play in facilitating disaster survivors' 
        reconnection with the public election voting process;
            (3) state any actions governments have taken that have 
        impeded civic participation in the form of registering to vote 
        and casting a ballot in a public election; and
            (4) make recommendations on what can be done to protect 
        voting by persons impacted by disasters.

SEC. 203. CIRCUMSTANCES WHICH MAY IMPACT FIRST RESPONDERS DURING A 
              TERRORIST EVENT.

    (a) In General.--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 Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report that describes select State and local programs and 
policies, as appropriate, related to the preparedness and protection of 
first responders. The report may include information on--
            (1) the degree to which such programs and policies include 
        consideration of the presence of a first responder's family in 
        an area impacted by a terrorist attack;
            (2) the availability of personal protective equipment for 
        first responders;
            (3) the availability of home Medkits for first responders 
        and their families for biological incident response; and
            (4) other related factors.
    (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 report were developed or 
        are being executed with funding from the Department of Homeland 
        Security, including grant funding from the State Homeland 
        Security Grant Program or the Urban Area Security Initiative 
        under sections 2002 and 2003, respectively, 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 report'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''.

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 injured concern as a result of a 
        federally declared disaster.
            (2) Claimant.--The term ``claimant'' means an injured 
        concern that submits a claim under section 304(b).
            (3) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business 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
                            (ii) a person that holds a lien on real or 
                        personal property affected by the a federally 
                        declared disaster.
            (5) Office.--The term ``Office'' means the Office of 
        Disaster Recovery Small Business Grants established by section 
        303.

SEC. 303. OFFICE OF DISASTER RECOVERY SMALL BUSINESS 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 processing 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 States Code, governing 
        appointments in the competitive 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 Federal 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 establishment of the 
        Office shall not diminish the authority of, or funding 
        available to, the Administrator to carry out the 
        responsibilities of the Small Business 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 promulgated under subsection (h), 
an injured concern may submit to the Administrator a written claim for 
compensation 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 injured concern--
                    (A) shall be limited to the amount necessary to 
                compensate the injured concern for substantial economic 
                injury described in paragraph (2) suffered as a result 
                of a federally declared 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 payment 
                        before the date of settlement or payment 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.
            (2) Substantial economic injury.--Under paragraph (1), an 
        injured concern may receive payment 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 performed.
                    (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 economic injury.
                    (B) Absence of documents.--If documentary evidence 
                substantiating substantial economic injury is not 
                reasonably available, the Administrator may pay a claim 
                based on an affidavit or other documentation executed 
                by the claimant.
    (e) Payment of Claims.--
            (1) Determination and payment of amount.--
                    (A) In general.--To the maximum extent practicable, 
                not later than 180 days after the date on which a claim 
                is submitted under subsection (b), the Administrator 
                shall--
                            (i) determine the amount, if any, to be 
                        paid for the claim; and
                            (ii) pay the amount.
                    (B) Priority.--The Administrator may establish 
                priorities for processing and paying claims based on--
                            (i) an assessment of the needs of the 
                        claimants; and
                            (ii) any other criteria that the 
                        Administrator determines to be appropriate.
                    (C) Parameters of determination.--In determining 
                and paying a claim, the Administrator 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 federally 
                        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 subsection (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 
                        insurance company.
                            (ii) Government loans.--Clause (i) shall 
                        not apply to the receipt by a claimant of any 
                        Federal, State, or local government 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 Misused.--The 
Administrator may recover any portion of a payment on a grant that was 
improperly paid to the claimant 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 Administrator;
            (3) the payment of insurance or benefits described in 
        subsection (e)(1)(D) that were not taken into account in 
        determining the amount of the payment; 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 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 concerning an appeal 
        under paragraph (1) shall be rendered not later than 90 days 
        after the date on which the notice of appeal is received.
    (h) Regulations.--Notwithstanding any other provision of law, not 
later than 45 days after the date of enactment of this title--
            (1) the Administrator shall promulgate and publish in the 
        Federal Register interim final regulations 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 Register procedures under which a 
        dispute concerning payment of a claim may be settled through an 
        appeals process described in subsection (g).
    (i) Public Information.--At the time of publication of interim 
final regulations under subsection (h), the Administrator shall publish 
a clear, concise, and easily understandable explanation of the grant 
program established under this title the procedural and other 
requirements of 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 Federal, 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 process.
    (k) Applicability of Debt Collection Requirements.--
            (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.--
                    (A) Assignment.--No assignment, release, or 
                commutation of a payment due or payable 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, attachment, or other 
                        remedy for recovery or collection 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 submitted 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, including the 
        amount of any payment on the claim.
    (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 appropriated 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.

                  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 Emergency.--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 Requirements.--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 further amended by adding at the end 
the following:
    ``(d) Surge Capacity Force.--
            ``(1) In general.--The Administrator shall--
                    ``(A) prepare and submit to the appropriate 
                committees of Congress a plan to transfer the authority 
                of the Surge Capacity Force for deployment of 
                individuals to respond to natural disasters, acts of 
                terrorism, and other man-made disasters, including 
                catastrophic incidents; and
                    ``(B) at such time as determined appropriate by the 
                Administrator, transfer such authority and continue the 
                management and operation 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 Capacity Force.
            ``(3) Capabilities.--The plan shall ensure that the surge 
        capacity force--
                    ``(A) includes a sufficient number of individuals 
                credentialed in accordance with section 510 of the 
                Post-Katrina Emergency Management 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 
                terrorism, and other man-made disasters, including 
                catastrophic incidents; and
                    ``(B) includes a sufficient number of full-time, 
                highly trained individuals credentialed in accordance 
                with such section to lead and manage the Surge Capacity 
                Force.
            ``(4) Training.--The plan shall ensure that the 
        Administrator provides appropriate and continuous 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 ceiling.--Surge 
        Capacity Force members shall not be counted against any 
        personnel ceiling applicable to the Federal Emergency 
        Management Agency.
            ``(6) Expenses.--The Administrator may provide members of 
        the Surge Capacity Force with travel expenses, including per 
        diem in lieu of subsistence, 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 employees.--As soon as practicable, the 
        Administrator 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''.
                                 <all>