I 

114TH CONGRESS 

2D SESSION H. R. 4961 

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

Act to protect individuals and businesses from unforeseen consequences 

that may result from Federal disaster assistance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2016 

Mr. GIBSON (for himself, Mr. TONKO, Mr. SEAN PATRICK MALONEY of New 

York, Mr. DONOVAN, and Mr. KING of New York) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to protect individuals and businesses from unforeseen consequences that may result 

from Federal disaster assistance, 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 ‘‘Federal Disaster Noti5 fication and Payment Protection Act of 2016’’. 


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1 SEC. 2. PROHIBITION REGARDING USE OF FEDERAL 

2 FUNDS. 

3 Notwithstanding any other provision of law, Federal 

4 funds may not be used to recoup a debt owed to the 

5 United States related to assistance provided to an indi6 vidual or household under section 408 of the Robert T. 

7 Stafford Disaster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5174) with respect to a major disaster declared 

9 by the President on or after January 1, 2011, under sec10 tion 401 of such Act (42 U.S.C. 5170) if— 

11 (1) the assistance was distributed based on an 

12 error by the Federal Emergency Management Agen13 cy; 

14 (2) the collection of the debt would be against 

15 equity and good conscience; and 

16 (3) the debt is not the result of fraud, presen17 tation of a false claim, misrepresentation, or other 

18 fault of the debtor or any party having an interest 

19 in the assistance distributed. 

20 SEC. 3. MANDATORY NOTIFICATION FOR INDIVIDUALS AND 

21 BUSINESSES APPLYING FOR ASSISTANCE. 

22 Title VII of the Robert T. Stafford Disaster Relief 

23 and Emergency Assistance Act (42 U.S.C. 5201 et seq.) 

24 is amended by adding at the end the following: 


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1 ‘‘SEC. 707. MANDATORY NOTIFICATION FOR INDIVIDUALS 

2 AND BUSINESSES APPLYING FOR ASSIST3 ANCE. 

4 ‘‘(a) IN GENERAL.—Not later than 180 days after 

5 the date of enactment of this section, the President shall 

6 establish a process to ensure that each individual and busi7 ness that applies for a category of Federal disaster assist8 ance is provided written notice that describes— 

9 ‘‘(1) the various categories of Federal disaster 

10 assistance that may be available to the individual or 

11 business; 

12 ‘‘(2) the impact that receiving or declining the 

13 category of Federal disaster assistance applied for 

14 will have on eligibility for other categories of Federal 

15 disaster assistance; and 

16 ‘‘(3) repayment requirements or penalties that 

17 may apply if multiple categories of Federal disaster 

18 assistance are accepted. 

19 ‘‘(b) REPORT TO CONGRESS.—On the date on which 

20 the President establishes the process under subsection (a), 

21 the President shall transmit to Congress a report describ22 ing the process. 

23 ‘‘(c) PROHIBITION.—On and after the date on which 

24 the President establishes the process under subsection (a), 

25 an individual or business that is not provided the written 

26 notice described in that subsection upon application for 


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1 a category of Federal disaster assistance may not be held 

2 responsible for any repayment requirement or penalty that 

3 would otherwise result from the receipt of such assistance. 

4 ‘‘(d) FEDERAL DISASTER ASSISTANCE DEFINED.— 

5 In this section, the term ‘Federal disaster assistance’ 

6 means Federal assistance, including loans and grants, pro7 vided— 

8 ‘‘(1) pursuant to this Act, the Small Business 

9 Act, or the community development block grant dis10 aster recovery program of the Department of Hous11 ing and Urban Development; 

12 ‘‘(2) to an individual or business; and 

13 ‘‘(3) in response to a major disaster or emer14 gency declared by the President under section 401 

15 of this Act.’’. 

Æ 


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