Post-Disaster Fairness to States Act of 2017

Bill: 115-s-1641
Sponsor: full_name: Sen. Rubio, Marco [R-FL]
Introduced: 2017-07-27
Policy area: Emergency Management
Latest action: action_date: 2017-07-27
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2017-07-27
action_desc: Introduced in Senate
text: <p><strong>Post-Disaster Fairness to States Act of 2017</strong></p> <p>This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to prohibit the Federal Emergency Management Agency (FEMA) from taking administrative action to recover any payment for disaster or emergency assistance that is made three years after a completed disaster relief project where the project grantee certifies that the purpose of the grant was accomplished. Under current law, FEMA may initiate an action to recover assistance payments for up to three years after the transmission of a final expenditure report for a disaster or emergency.</p> <p>Additionally, the bill prohibits FEMA from taking any action to recoup certain assistance under the Stafford Act provided to individuals and households (relating to a major disaster declared on or after January 1, 2012), if the receipt of such assistance occurred more than three years before FEMA first provided written notification of an intent to recoup such assistance. </p>

tv_txt: II 115th CONGRESS 1st Session S. 1641 IN THE SENATE OF THE UNITED STATES July 27, 2017 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to limit certain administrative actions, and for other purposes.

1. Short title This Act may be cited as the Post-Disaster Fairness to States Act of 2017 . 2. Statute of limitations (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 if the purpose of the grant was accomplished ; 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 if the purpose of the grant was accomplished ; and (B) in paragraph (3), by inserting for project completion as certified by the grantee if the purpose of the grant was accomplished after final expenditure report . (b) Applicability (1) In general With respect to disaster or emergency assistance provided to a State or local government after January 1, 2004, section 705 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5205 ), as amended by subsection (a), is applicable to any administrative action to recover a payment of such assistance for which a final agency decision has not been made as of the date of enactment of this Act. (2) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to invalidate or otherwise affect any administration action or final agency decision completed before the date of enactment of this Act. 3. Limitation on recovery of FEMA assistance funds (a) In general Notwithstanding section 3716(e) of title 31, United States Code, the Administrator of the Federal Emergency Management Agency may not take any action to recoup covered assistance from the recipient of the covered assistance if the receipt of the covered assistance occurred on a date that is more than 3 years before the date on which the Federal Emergency Management Agency first provided to the recipient written notification of an intent to recoup the covered assistance. (b) 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 such Act ( 42 U.S.C. 5170 ) on or after January 1, 2012.