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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Disaster Assistance 
Recoupment Fairness Act of 2011''.</DELETED>

<DELETED>SEC. 2. DEBTS SINCE 2005.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``covered area'' means an area--
        </DELETED>
                <DELETED>    (A) located in an area that has been 
                identified by the Administrator of the Federal 
                Emergency Management Agency as an area having special 
                flood hazards under the National Flood Insurance Act of 
                1968 (42 U.S.C. 4001 et seq.); and</DELETED>
                <DELETED>    (B) located in a community that does not 
                participate in the national flood insurance program 
                under the National Flood Insurance Act of 1968; 
                and</DELETED>
        <DELETED>    (2) the term ``covered assistance'' means 
        assistance provided--</DELETED>
                <DELETED>    (A) under section 408 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5174); and</DELETED>
                <DELETED>    (B) in relation to a major disaster 
                declared by the President under section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170) during the period 
                beginning on August 28, 2005, and ending on December 
                31, 2011.</DELETED>
<DELETED>    (b) Waiver Authority.--The Administrator of the Federal 
Emergency Management Agency--</DELETED>
        <DELETED>    (1)(A) may waive a debt owed to the United States 
        relating to covered assistance provided to an individual or 
        household if the covered assistance was distributed based on an 
        error by the Federal Emergency Management Agency; and</DELETED>
        <DELETED>    (B) shall waive a debt owed to the United States 
        relating to covered assistance provided to an individual or 
        household located in a covered area if the reason for the debt 
        relates to a failure to participate in the national flood 
        insurance program under the National Flood Insurance Act of 
        1968; and</DELETED>
        <DELETED>    (2) may not waive a debt under paragraph (1) if 
        the debt involves fraud, the presentation of a false claim, or 
        misrepresentation by the debtor or any party having an interest 
        in the claim.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Assistance Recoupment 
Fairness Act of 2011''.

SEC. 2. DEBTS SINCE 2005.

    (a) Definition.--In this section, the term ``covered assistance'' 
means assistance provided--
            (1) under section 408 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5174); and
            (2) in relation to a major disaster declared by the 
        President under section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170) during the 
        period beginning on August 28, 2005 and ending on December 31, 
        2010.
    (b) Waiver Authority.--The Administrator of the Federal Emergency 
Management Agency--
            (1) subject to paragraph (2), may waive a debt owed to the 
        United States relating to covered assistance provided to an 
        individual or household if--
                    (A) the covered assistance was distributed based on 
                an error by the Federal Emergency Management Agency;
                    (B) there was no fault on behalf of the debtor; and
                    (C) the collection of the debt would be against 
                equity and good conscience; and
            (2) may not waive a debt under paragraph (1) if the debt 
        involves fraud, the presentation of a false claim, or 
        misrepresentation by the debtor or any party having an interest 
        in the claim.
    (c) Reporting.--Not later than 3 months after the date of enactment 
of this Act, and every 3 months thereafter until the date that is 18 
months after the date of enactment of this Act, the Inspector General 
of the Department of Homeland Security shall submit a report that 
assesses the cost-effectiveness of the efforts of the Federal Emergency 
Management Agency to recoup improper payments under the individuals and 
households program under section 408 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174) to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Subcommittee on Homeland Security of the 
        Committee on Appropriations of the Senate; and
            (2) the Committee on Homeland Security, the Committee on 
        Transportation and Infrastructure, and the Subcommittee on 
        Homeland Security of the Committee on Appropriations of the 
        House of Representatives.
                                                       Calendar No. 478

112th CONGRESS

  2d Session

                                 S. 792

_______________________________________________________________________

                                 A BILL

    To authorize the waiver of certain debts relating to assistance 
           provided to individuals and households since 2005.

_______________________________________________________________________

                             July 31, 2012

                       Reported with an amendment
```