I 

112TH CONGRESS 

1ST SESSION H. R. 2265 

To direct the President to forgo recoupment of liabilities relating to assistance 

provided under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2011 

Mr. RICHMOND (for himself and Mr. THOMPSON of Mississippi) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure, and in addition to the Committee on 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 direct the President to forgo recoupment of liabilities 

relating to assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 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. 

4 This Act may be cited as the ‘‘FEMA Recoupment 

5 Fairness Act of 2011’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 2265 IH

1 SEC. 2. RECOUPMENT OF LIABILITIES. 

2 (a) IN GENERAL.—The President shall forgo 

3 recoupment of liabilities to the United States relating to 

4 covered assistance provided to an individual or household 

5 if— 

6 (1) the covered assistance was provided based 

7 on an error by the Federal Emergency Management 

8 Agency; and 

9 (2) there was no fault on behalf of the recipient 

10 with respect to the error, including that fraud, the 

11 presentation of a false claim, or misrepresentation 

12 by the recipient or any party having an interest in 

13 the claim was not involved. 

14 (b) REPORT TO CONGRESS.—Not later than 180 days 

15 after the date of enactment of this Act, and every 180 

16 days thereafter during the 18-month period beginning on 

17 such date, the Inspector General of the Department of 

18 Homeland Security shall submit to the appropriate con19 gressional committees a report that assesses the cost-effec20 tiveness of the efforts of the Federal Emergency Manage21 ment Agency to recoup erroneous assistance. 

22 (c) DEFINITIONS.—In this section, the following defi23 nitions apply: 

24 (1) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘‘appropriate congressional com26 mittees’’ means the— 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 2265 IH

1 (A) Committee on Transportation and In2 frastructure of the House of Representatives; 

3 (B) Committee on Homeland Security of 

4 the House of Representatives; and 

5 (C) Committee on Homeland Security and 

6 Governmental Affairs of the Senate. 

7 (2) COVERED ASSISTANCE.—The term ‘‘covered 

8 assistance’’ means assistance provided— 

9 (A) under section 408 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5174); and 

12 (B) in relation to a major disaster declared 

13 by the President under section 401 of such Act 

14 (42 U.S.C. 5170) during the period beginning 

15 on August 28, 2005, and ending on December 

16 31, 2010. 

17 (3) ERRONEOUS ASSISTANCE.—The term ‘‘erro18 neous assistance’’ means assistance subject to 

19 recoupment by the Federal Emergency Management 

20 Agency provided— 

21 (A) under section 408 of the Robert T. 

22 Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5174); 

24 (B) in relation to a major disaster declared 

25 by the President under section 401 of such Act 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 2265 IH

1 (42 U.S.C. 5170) during the period beginning 

2 on August 28, 2005, and ending on December 

3 31, 2010; or 

4 (C) in response to a catastrophic incident 

5 under section 501 of the Homeland Security 

6 Act of 2002 (6 U.S.C. 311). 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS