1.This Act may be cited as the
Disaster Assistance Recoupment
Fairness Act of 2011
.
2.
(a)In this section—
(1)the term covered area means an
area—
(A)located in an area
that has been identified by the Administrator of the Federal Emergency
Management Agency as an area having special flood hazards under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); and
(B)located in a
community that does not participate in the national flood insurance program
under the National Flood Insurance Act of 1968; and
(2)the term
covered assistance means assistance provided—
(A)under section 408
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174); and
(B)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) during
the period beginning on August 28, 2005, and ending on December 31,
2011.
(b)The Administrator of the Federal Emergency Management
Agency—
(1)(A)may waive a debt owed
to the United States relating to covered assistance provided to an individual
or household if the covered assistance was distributed based on an error by the
Federal Emergency Management Agency; and
(B)shall waive a debt
owed to the United States relating to covered assistance provided to an
individual or household located in a covered area if the reason for the debt
relates to a failure to participate in the national flood insurance program
under the National Flood Insurance Act of 1968; 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.
1.This Act may be cited as the
Disaster Assistance Recoupment
Fairness Act of 2011
.
2.
(a)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) during the period
beginning on August 28, 2005 and ending on December 31, 2010.
(b)The Administrator of the Federal Emergency Management
Agency—
(1)subject to paragraph (2),
may waive a debt owed to the United States relating 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)Not
later than 3 months after the date of enactment of this Act, and every 3 months
thereafter until the date that is 18 months after the date of enactment of this
Act, 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 households 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.
July 31, 2012
Reported with an amendment