Disaster Assistance Improvement Act of 2016

Bill: 114-s-3411
Sponsor: full_name: Sen. Nelson, Bill [D-FL]
Introduced: 2016-09-28
Policy area: Emergency Management
Subjects: Accounting and auditing

Administrative remedies

Department of Homeland Security

Disaster relief and insurance

Evidence and witnesses

Federal Emergency Management Agency (FEMA)

Government information and archives

State and local government operations
Latest action: action_date: 2016-09-28
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2016-09-28
action_desc: Introduced in Senate
text: <p><strong>Disaster Assistance Improvement Act of 2016</strong></p> <p>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). </p> <p>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.</p> <p>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.</p>

tv_txt: II 114th CONGRESS 2d Session S. 3411 IN THE SENATE OF THE UNITED STATES September 28, 2016 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.

1. Short title This Act may be cited as the Disaster Assistance Improvement Act of 2016 . 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.