Disaster Assistance Recoupment Fairness Act of 2015

Bill: 114-hr-797
Sponsor: full_name: Rep. Meeks, Gregory W. [D-NY-5]
Introduced: 2015-02-05
Policy area: Emergency Management
Subjects: Administrative remedies

Congressional oversight

Debt collection

Disaster relief and insurance

Federal Emergency Management Agency (FEMA)

Fraud offenses and financial crimes

Government information and archives

Government studies and investigations
Latest action: action_date: 2015-02-06
text: Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.

Summaries:
action_date: 2015-02-05
action_desc: Introduced in House
text: <p><b>Disaster Assistance Recoupment Fairness Act of 2015</b></p> <p>Authorizes the Federal Emergency Management Agency (FEMA) to waive a debt owed to the United States related to federal assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to individuals and households in relation to a major disaster declared by the President on or after January 1, 2011, if such assistance was distributed based on an error by FEMA, there was no fault on behalf of the debtor, and the collection of the debt would be against equity and good conscience, unless the debt that involves fraud, the presentation of a false claim, or misrepresentation by the debtor or any party having an interest in the claim.</p> <p>Requires FEMA, in determining whether to waive such a debt, to presume that the debtor should be required to make at least a partial payment if the adjusted gross income of the debtor's household for the last taxable year exceeds $100,000.</p> <p>Directs the Inspector General of the Department of Homeland Security: (1) to report, every six months, on the cost-effectiveness of FEMA's efforts to recoup improper payments of such assistance; (2) to monitor the distribution of such assistance to determine the amount distributed based on a FEMA error; and (3) upon determining that such amount exceeds 4% of the total amount distributed, to notify FEMA and publish the determination in the Federal Register. Cancels FEMA's authority to waive debt with respect to any major disaster declared by the President after the date of such a determination.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 797 IN THE HOUSE OF REPRESENTATIVES February 5, 2015 Mr. Meeks (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to disaster assistance distributed to individuals and households in error, and for other purposes.

1. Short title This Act may be cited as the Disaster Assistance Recoupment Fairness Act of 2015 . 2. Debts owed to United States related to disaster assistance distributed in error (a) Covered assistance defined 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 ) on or after January 1, 2011. (b) Waiver authority The Administrator of the Federal Emergency Management Agency— (1) subject to paragraph (2) and subsection (c), may waive a debt owed to the United States related 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) Presumption of repayment In determining whether to waive a debt under subsection (b), the Administrator shall presume that, if the adjusted gross income (as defined under section 62 of the Internal Revenue Code of 1986) of the household of the debtor for the last taxable year ending in or with the calendar year preceding the date on which the income is determined exceeds $100,000 (adjusted annually for inflation beginning with the year following the date of enactment of this Act), the debtor should be required to make at least a partial payment on the debt. (d) Reporting Not later than 3 months after the date of enactment of this Act, and every 6 months thereafter, 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 household 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. (e) Monitoring of covered assistance distributed based on error (1) In general The Inspector General shall monitor the distribution of covered assistance to individuals and households to determine the percentage of such assistance distributed based on an error by the Federal Emergency Management Agency. (2) Removal of waiver authority based on excessive error rate If the Inspector General determines, with respect to any 12-month period, that the amount of covered assistance distributed based on an error by the Federal Emergency Management Agency exceeds 4 percent of the total amount of covered assistance distributed— (A) the Inspector General shall notify the Administrator and publish the determination in the Federal Register; and (B) with respect to any 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 ) after the date of the determination, the authority of the Administrator to waive debt under subsection (b) shall no longer be effective.