[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 634

  To prohibit the Federal Emergency Management Agency from recouping 
              certain assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2015

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

_______________________________________________________________________

                                 A BILL


 
  To prohibit the Federal Emergency Management Agency from recouping 
              certain 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 Fairness and 
Accountability Act of 2015''.

SEC. 2. RECOUPMENT OF CERTAIN ASSISTANCE PROHIBITED.

    Section 408 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174) is amended by adding at the end the 
following:
    ``(k) Recoupment of Certain Assistance.--
            ``(1) In general.--The Federal Emergency Management Agency 
        may not take any actions to recoup covered assistance from a 
        recipient of such assistance if--
                    ``(A) the--
                            ``(i) application of the recipient with 
                        respect to such assistance was made in good 
                        faith and provided accurate information; and
                            ``(ii) receipt of such assistance could 
                        reasonably have been expected by the recipient; 
                        or
                    ``(B) the receipt of such assistance occurred on a 
                date that is more than 3 years before the date on which 
                the Federal Emergency Management Agency first provides 
                to the recipient written notification of an intent to 
                recoup.
            ``(2) Disclosure of fault.--In carrying out a recoupment of 
        covered assistance that is not prohibited under paragraph (1), 
        the Federal Emergency Management Agency shall provide to the 
        relevant recipient documentation that demonstrates the manner 
        in which the recipient does not satisfy paragraph (1)(A).
            ``(3) Covered assistance defined.--In this subsection, the 
        term `covered assistance' means assistance provided--
                    ``(A) under this section; and
                    ``(B) in relation to a major disaster declared by 
                the President under section 401 on or after January 1, 
                2012.''.
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