[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.

                          ____________________