Preventing Disaster Revictimization Act
Bill: S.1946 | Sponsor: Sen. Portman, Rob (R-OH)
Policy area: Emergency Management

Summary:
Preventing Disaster Revictimization Act
This bill requires the Federal Emergency Management Agency (FEMA) to waive certain debts owed to the United States related to disaster assistance provided to an individual or household.
Specifically, FEMA must waive a debt owed to the United States related to disaster assistance provided to an individual or household if such assistance (1) was distributed based on an error by FEMA and such debt is construed as a hardship, and (2) is subject to a claim or legal action.
FEMA must report to Congress on (1) actions that it will take to reduce the error rate, and (2) the internal processes used to make decisions regarding the distribution of federal disaster assistance to individuals and households and any changes made to such processes.

To amend the Disaster Recovery Reform Act of 2018 to require the 
   Administrator of the Federal Emergency Management Agency to waive 
 certain debts owed to the United States related to covered assistance 
    provided to an individual or household, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Disaster Revictimization 
Act''.

SEC. 2. FLEXIBILITY.

    Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 
U.S.C. 5174a(a)) is amended--
            (1) by amending paragraph (2)(A) to read as follows:
                    ``(A) except as provided in subparagraph (B), 
                shall--
                            ``(i) waive a debt owed to the United 
                        States related to covered assistance provided 
                        to an individual or household if the covered 
                        assistance was distributed based on an error by 
                        the Agency and such debt shall be construed as 
                        a hardship; and
                            ``(ii) waive a debt owed to the United 
                        States related to covered assistance provided 
                        to an individual or household if such 
                        assistance is subject to a claim or legal 
                        action, including in accordance with section 
                        317 of the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 5160); 
                        and''; and
            (2) in paragraph (3)(B)--
                    (A) by striking ``Removal of'' and inserting 
                ``Report on''; and
                    (B) in clause (ii), by striking ``the authority of 
                the Administrator to waive debt under paragraph (2) 
                shall no longer be effective'' and inserting ``the 
                Administrator shall report to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate actions that the 
                Administrator will take to reduce the error rate''.

SEC. 3. REPORT TO CONGRESS.

    The Administrator of the Federal Emergency Management Agency shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report containing a description of 
the internal processes used to make decisions regarding the 
distribution of covered assistance under section 1216 of the Disaster 
Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any changes made 
to such processes.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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