[Congressional Record Volume 163, Number 75 (Tuesday, May 2, 2017)]
[House]
[Pages H3023-H3024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
AMENDMENT
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1678) to amend the Robert T. Stafford Disaster Relief and
Emergency Assistance Act concerning the statute of limitations for
actions to recover disaster or emergency assistance payments, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1678
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 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''; 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.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or
after January 1, 2004--
(A) no administrative action may be taken to recover a
payment of such 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); and
(B) any administrative action to recover a payment of such
assistance that is pending on such date of enactment shall be
terminated if the action is prohibited under section
705(a)(1) of that Act, as amended by subsection (a).
(2) Limitation.--This section, including the amendments
made by this section, may not be construed to invalidate or
otherwise affect any administration action completed before
the date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Georgia (Mr.
Johnson) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 1678, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
The purpose of H.R. 1678 is to establish a statute of limitations for
FEMA to recover disaster assistance payments. This bill would provide
some finality in disaster assistance, and it would minimize
administrative costs.
This is a bipartisan issue, and I appreciate my colleagues from
Florida for their continued leadership on this issue.
H.R. 1678 reinstates the 3-year statute of limitations on FEMA's
ability to reclaim funds when there is no evidence of fraud, waste, or
abuse.
In my district, I have seen FEMA tell a community that a project is
eligible for funding, allowing the town to move forward to complete a
disaster recovery project, only to have FEMA change its mind years
later and take the money back. Not only is this devastating to the
community and to disaster recovery, but the administrative time and red
tape involved in second-guessing is a waste of taxpayer dollars.
Again, my thanks to the gentlewoman from Florida and the gentleman
from Florida for their continued work on this issue and for introducing
this bill.
The House adopted similar language last year when it passed the FEMA
Disaster Assistance Reform Act.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. JOHNSON of Georgia. Mr. Speaker, I rise in support of H.R. 1678,
as amended.
I am pleased and proud to yield such time as she may consume to the
gentlewoman from Florida (Ms. Frankel), the author and sponsor of this
legislation.
Ms. FRANKEL of Florida. Mr. Speaker, I thank Mr. Johnson for
yielding, and I also want to thank Chairmen Shuster and Barletta and
Ranking Members DeFazio and Johnson for their continued support.
I have had the honor of working on this legislation with my friends
from Florida: Congressmen Dan Webster, Brian Mast, and Frederica
Wilson.
I have said this before and I am going to say it again: Florida knows
hurricanes. In 2004 and 2005, Charley, Frances, Jeanne, Wilma, and
Katrina tore through our State, leaving families stranded and property
damaged.
I was the mayor of the city of West Palm Beach when we saw trees
crash to the ground, ripping power lines and blocking flooded streets.
Water systems were compromised, and our local governments, around the
clock, did a miraculous job cleaning debris, fixing broken
infrastructure, and getting life back to normal. It takes a lot to get
it done.
When hurricanes strike, communities are ravaged, and so are their
budgets. So I want to first thank FEMA for the funding assistance it
provided Florida in a great time of need. With that said, FEMA is now
asking some of our cities and counties to pay back money that was given
for disaster relief projects that were approved more than 10 years ago.
[[Page H3024]]
There is no question that FEMA should do a responsible audit and make
sure that money is used properly. However, the process should not be an
endless journey into the Federal bureaucracy. Our local governments
cannot afford to wait an infinite number of years for FEMA to do its
assessment, especially when millions of dollars are at stake.
The current practice stymies our local governments' ability to plan
their future budgets, and, unlike the Federal Government, they can't
run a deficit. So this bill would make sure that the process is more
evenhanded, giving FEMA adequate time to review its grant payments
while allowing for the financial security of our local governments.
Mr. Speaker, I urge my colleagues to support this very good
legislation, and I urge the Senate to take action.
Mr. BARLETTA. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Mast).
Mr. MAST. Mr. Speaker, I would like to thank my friend from
Pennsylvania for yielding.
Mr. Speaker, I would also like to recognize my committee colleagues
from the great State of Florida, Ms. Frankel and Mr. Webster, on
promoting this important piece of legislation. I am very proud to be a
cosponsor of this bill.
There is no question for Florida that the emergency management
capabilities are among the best in the Nation, but some disasters are
even beyond what we can handle and what we can handle in an effective
and timely manner.
Right now in our State, we are battling wildfires across the State.
We are on the eve of a brand-new hurricane season which happens year
after year. These FEMA disaster relief programs are necessary, they are
critical, and they are one of the most important responsibilities of
the Federal Government to help States and their citizenry recover; but,
unfortunately, there is an issue going on.
Many counties in south Florida are still fighting to this day with
FEMA to defend the legitimacy of disaster relief aid that they received
following one of the worst hurricane seasons in our State's history,
where hurricane after hurricane after hurricane crossed the shores of
Florida.
Mr. Speaker, victims of a disaster or a national emergency who may
not even have shelter over their heads--or food or water or basic
necessities--should not be victimized again by their own government
just because they lack the paper trail from decades ago when they were
undergoing this sort of devastation in their life. By reinstating a 3-
year statute of limitations on the reclamation of funds, when there is
no evidence of fraud, no evidence of waste, no evidence of abuse, this
bill moves more of the onus for recordkeeping and combating fraud away
from relief recipients and back to where it belongs, back on to FEMA,
and during that time when it is most essential, immediately after the
recovery process. Mr. Speaker, I think that is just common sense.
Once again, I fully support this bipartisan bill, and I commend
Chairman Shuster and Chairman Barletta for their assistance in getting
this important bill to the floor.
{time} 1400
Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, H.R. 1678, which I rise in support of, is a bill that
will clarify the existing statute of limitations for public assistance
provided by the Federal Emergency Management Agency, or FEMA, to State,
tribal, and local grantees.
Pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, or the Stafford Act, FEMA provides public assistance
grants to State, tribal, and local governments to assist in their
recovery efforts after a disaster strikes.
Generally, FEMA approves the use for public assistance funds
immediately after the disaster or while the project is being completed.
This is the appropriate time to decide how a grantee should spend
disaster funds.
Once the project is completed, the grantee submits documentation of
completion to FEMA. However, in some instances, FEMA or the inspector
general has reviewed projects many years or even a decade after the
grantee has submitted project completion documents. At times, FEMA has
changed its policy determination on the appropriate use of the funds,
or the inspector general has second-guessed FEMA's decision on the
appropriate use of the funds. FEMA then tries to recover project funds
years later.
Under this bill introduced by Congresswoman Frankel, FEMA may still
attempt to recover funds but must do so within 3 years after the
project is completed. I commend Representative Frankel for her
commitment to address this issue. She has worked tirelessly to bring
this matter to the forefront.
Mr. Speaker, I urge my colleagues to support the measure, and I yield
back the balance of my time.
Mr. BARLETTA. Mr. Speaker, I again urge my colleagues to vote ``yes''
on H.R. 1678, as amended.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, H.R. 1678, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BARLETTA. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________