Title: Disaster Assistance Improvement Act of 2017
Policy area: Emergency Management

Summary:
Disaster Assistance Improvement Act of 2017
This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the Federal Emergency Management Agency (FEMA) from taking administrative action to recover any payment made to a state or local government for disaster or emergency assistance initiated in any forum (with exceptions for fraud) after three years following the transmission of the final expenditure report for project completion, as certified by the grantee (currently, after three years following the transmission of the final expenditure report for the disaster or emergency).
The bill makes the same change with respect to the deadline: (1) for any dispute arising under such Act for which there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities, and (2) by which the inability of the government to produce source documentation supporting expenditure reports shall not constitute evidence to rebut such presumption.
With respect to a payment for disaster or emergency assistance provided to a state or local government on or after January 1, 2004, FEMA may not take administrative action to recover such payment after the date of enactment of this bill if the action is prohibited under such Act as amended by this bill.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 709 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 709

   To prohibit the Administrator of the Federal Emergency Management 
 Agency from taking administrative action to recover certain payments 
     for disaster or emergency assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2017

  Mr. Nelson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To prohibit the Administrator of the Federal Emergency Management 
 Agency from taking administrative action to recover certain payments 
     for disaster or emergency assistance, 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 ``Disaster Assistance Improvement Act 
of 2017''.

SEC. 2. ACTIONS TO RECOVER PAYMENT FOR DISASTER OR EMERGENCY 
              ASSISTANCE.

    (a) In General.--Section 705 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Except'' and inserting 
                ``Notwithstanding section 3716(e) of title 31, United 
                States Code, and except''; and
                    (B) by striking ``report for the disaster or 
                emergency'' and inserting ``report for project 
                completion as certified by the grantee''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``report for the 
                disaster or emergency'' and inserting ``report for 
                project completion as certified by the grantee''; and
                    (B) in paragraph (3), by inserting ``for project 
                completion as certified by the grantee'' after ``final 
                expenditure report''.
    (b) Applicability.--With respect to a payment for disaster or 
emergency assistance provided to a State or local government on or 
after January 1, 2004, the Administrator of the Federal Emergency 
Management Agency may not take administrative action to recover such 
payment for assistance after the date of enactment of this Act if the 
action is prohibited under section 705(a)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205(a)(1)), as 
amended by subsection (a).
    (c) Limitation.--Nothing in this section, including the amendments 
made by this section, shall be construed to invalidate or otherwise 
affect any administrative action completed before the date of enactment 
of this Act.
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