II 

Calendar No. 478 

112TH CONGRESS 

2D SESSION S. 792 

To authorize the waiver of certain debts relating to assistance provided 

to individuals and households since 2005. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2011 

Mr. PRYOR (for himself, Mr. HOEVEN, Ms. LANDRIEU, Mr. COCHRAN, Mr. 

SHELBY, Mr. LEE, and Mr. VITTER) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

JULY 31, 2012 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize the waiver of certain debts relating to 

assistance provided to individuals and households since 2005. 

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 ‘‘Disaster Assistance 

5 Recoupment Fairness Act of 2011’’. 


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1 SEC. 2. DEBTS SINCE 2005. 

2 (a) DEFINITIONS.—In this section— 

3 (1) the term ‘‘covered area’’ means an area— 

4 (A) located in an area that has been iden5 tified by the Administrator of the Federal 

6 Emergency Management Agency as an area 

7 having special flood hazards under the National 

8 Flood Insurance Act of 1968 (42 U.S.C. 4001 

9 et seq.); and 

10 (B) located in a community that does not 

11 participate in the national flood insurance pro12 gram under the National Flood Insurance Act 

13 of 1968; and 

14 (2) the term ‘‘covered assistance’’ means assist15 ance provided— 

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

17 Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5174); and 

19 (B) in relation to a major disaster declared 

20 by the President under section 401 of the Rob21 ert T. Stafford Disaster Relief and Emergency 

22 Assistance Act (42 U.S.C. 5170) during the pe23 riod beginning on August 28, 2005, and ending 

24 on December 31, 2011. 

25 (b) WAIVER AUTHORITY.—The Administrator of the 

26 Federal Emergency Management Agency— 


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•S 792 RS

1 (1)(A) may waive a debt owed to the United 

2 States relating to covered assistance provided to an 

3 individual or household if the covered assistance was 

4 distributed based on an error by the Federal Emer5 gency Management Agency; and 

6 (B) shall waive a debt owed to the United 

7 States relating to covered assistance provided to an 

8 individual or household located in a covered area if 

9 the reason for the debt relates to a failure to partici10 pate in the national flood insurance program under 

11 the National Flood Insurance Act of 1968; and 

12 (2) may not waive a debt under paragraph (1) 

13 if the debt involves fraud, the presentation of a false 

14 claim, or misrepresentation by the debtor or any 

15 party having an interest in the claim. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Disaster Assistance 

18 Recoupment Fairness Act of 2011’’. 

19 SEC. 2. DEBTS SINCE 2005. 

20 (a) DEFINITION.—In this section, the term ‘‘covered 

21 assistance’’ means assistance provided— 

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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•S 792 RS

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

2 the President under section 401 of the Robert T. Staf3 ford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5170) during the period beginning on Au5 gust 28, 2005 and ending on December 31, 2010. 

6 (b) WAIVER AUTHORITY.—The Administrator of the 

7 Federal Emergency Management Agency— 

8 (1) subject to paragraph (2), may waive a debt 

9 owed to the United States relating to covered assist10 ance provided to an individual or household if— 

11 (A) the covered assistance was distributed 

12 based on an error by the Federal Emergency 

13 Management Agency; 

14 (B) there was no fault on behalf of the debt15 or; and 

16 (C) the collection of the debt would be 

17 against equity and good conscience; and 

18 (2) may not waive a debt under paragraph (1) 

19 if the debt involves fraud, the presentation of a false 

20 claim, or misrepresentation by the debtor or any 

21 party having an interest in the claim. 

22 (c) REPORTING.—Not later than 3 months after the 

23 date of enactment of this Act, and every 3 months thereafter 

24 until the date that is 18 months after the date of enactment 

25 of this Act, the Inspector General of the Department of 


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1 Homeland Security shall submit a report that assesses the 

2 cost-effectiveness of the efforts of the Federal Emergency 

3 Management Agency to recoup improper payments under 

4 the individuals and households program under section 408 

5 of the Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act (42 U.S.C. 5174) to— 

7 (1) the Committee on Homeland Security and 

8 Governmental Affairs and the Subcommittee on 

9 Homeland Security of the Committee on Appropria10 tions of the Senate; and 

11 (2) the Committee on Homeland Security, the 

12 Committee on Transportation and Infrastructure, 

13 and the Subcommittee on Homeland Security of the 

14 Committee on Appropriations of the House of Rep15 resentatives. 


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Calendar No. 478 

112TH CONGRESS 

2D SESSION S. 792 

A BILL 

To authorize the waiver of certain debts relating to 

since 2005. assistance provided to individuals and households 

JULY 31, 2012 

Reported with an amendment 


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