II 

115TH CONGRESS 

1ST SESSION S. 1641 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to limit certain administrative actions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2017 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to limit certain administrative actions, 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 ‘‘Post-Disaster Fairness 

5 to States Act of 2017’’. 

6 SEC. 2. STATUTE OF LIMITATIONS. 

7 (a) IN GENERAL.—Section 705 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5205) is amended— 

10 (1) in subsection (a)(1)— 

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1 (A) by striking ‘‘Except’’ and inserting 

2 ‘‘Notwithstanding section 3716(e) of title 31, 

3 United States Code, and except’’; and 

4 (B) by striking ‘‘report for the disaster or 

5 emergency’’ and inserting ‘‘report for project 

6 completion as certified by the grantee if the 

7 purpose of the grant was accomplished’’; and 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘report 

10 for the disaster or emergency’’ and inserting 

11 ‘‘report for project completion as certified by 

12 the grantee if the purpose of the grant was ac13 complished’’; and 

14 (B) in paragraph (3), by inserting ‘‘for 

15 project completion as certified by the grantee if 

16 the purpose of the grant was accomplished’’ 

17 after ‘‘final expenditure report’’. 

18 (b) APPLICABILITY.— 

19 (1) IN GENERAL.—With respect to disaster or 

20 emergency assistance provided to a State or local 

21 government after January 1, 2004, section 705 of 

22 the Robert T. Stafford Disaster Relief and Emer23 gency Assistance Act (42 U.S.C. 5205), as amended 

24 by subsection (a), is applicable to any administrative 

25 action to recover a payment of such assistance for 

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1 which a final agency decision has not been made as 

2 of the date of enactment of this Act. 

3 (2) RULE OF CONSTRUCTION.—Nothing in this 

4 section, or the amendments made by this section, 

5 shall be construed to invalidate or otherwise affect 

6 any administration action or final agency decision 

7 completed before the date of enactment of this Act. 

8 SEC. 3. LIMITATION ON RECOVERY OF FEMA ASSISTANCE 

9 FUNDS. 

10 (a) IN GENERAL.—Notwithstanding section 3716(e) 

11 of title 31, United States Code, the Administrator of the 

12 Federal Emergency Management Agency may not take 

13 any action to recoup covered assistance from the recipient 

14 of the covered assistance if the receipt of the covered as15 sistance occurred on a date that is more than 3 years be16 fore the date on which the Federal Emergency Manage17 ment Agency first provided to the recipient written notifi18 cation of an intent to recoup the covered assistance. 

19 (b) COVERED ASSISTANCE DEFINED.—In this sec20 tion, the term ‘‘covered assistance’’ means assistance pro21 vided— 

22 (1) under section 408 of the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act (42 

24 U.S.C. 5174); and 

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1 (2) in relation to a major disaster declared by 

2 the President under section 401 of such Act (42 

3 U.S.C. 5170) on or after January 1, 2012. 

Æ 

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