Sec. 304. Compensation for victims of a federally declared disaster
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/bill/115/hr/7333/ih/section-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each injured concern may receive compensation for substantial economic injury suffered as a result of a federally declared disaster, as determined by the Administrator. 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. The Administrator shall investigate, adjust, grant, deny, settle, or compromise any claim submitted under subsection (b).
Any grant made to an injured concern— 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; shall not include— interest on the amount of the payment before the date of settlement or payment of a claim; or punitive damages or any other form of noncompensatory damages; and 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. Under paragraph (1), an injured concern may receive payment for substantial economic injury consisting of 1 or more of the following: An uninsured or underinsured property loss. Damage to or destruction of physical infrastructure. Damage to or destruction of tangible assets or inventory. A business interruption loss. Overhead costs. Employee wages for work not performed. An insurance deductible. A temporary relocation expense. Debris removal and other cleanup costs. Any other type of substantial economic injury that the Administrator determines to be appropriate. A claimant shall have the burden of demonstrating substantial economic injury. 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. 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— determine the amount, if any, to be paid for the claim; and pay the amount. The Administrator may establish priorities for processing and paying claims based on— an assessment of the needs of the claimants; and any other criteria that the Administrator determines to be appropriate. In determining and paying a claim, the Administrator shall determine only— whether the claimant is an injured concern; and whether the injuries that are the subject of the claim resulted from a federally declared disaster. 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. 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. At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final approval of a grant. The Administrator may recover any portion of a payment on a grant that was improperly paid to the claimant as a result of— fraud or misrepresentation on the part of the claimant or a representative of the claimant; a material mistake on the part of the Administrator; 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 the failure of the claimant to cooperate in an audit. 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. 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. Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this title— the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims; and 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). 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— 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 provided in English, Spanish, and any other language that the Administrator determines to be appropriate. 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. Section 3716 of title 31, United States Code, shall not preclude any payment on a claim. No assignment, release, or commutation of a payment due or payable under this title shall be valid. 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. The exemption provided by clause
(i)may not be waived.