[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[House]
[Pages H5856-H5858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PREVENTING DISASTER REVICTIMIZATION ACT

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5953) to amend the Disaster Recovery Reform Act of 2018 to 
require the Administrator of the Federal Emergency Management Agency to 
waive certain debts owed to the United States related to covered 
assistance provided to an individual or household, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5953

       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 ``Preventing Disaster 
     Revictimization Act''.

     SEC. 2. FLEXIBILITY.

       Section 1216(a) of the Disaster Recovery Reform Act of 2018 
     (42 U.S.C. 5174a(a)) is amended--
       (1) by amending paragraph (2)(A) to read as follows:
       ``(A) except as provided in subparagraph (B), shall--
       ``(i) waive a debt owed to the United States related to 
     covered assistance provided to an individual or household if 
     the covered assistance was distributed based on an error by 
     the Agency and such debt shall be construed as a hardship; 
     and
       ``(ii) waive a debt owed to the United States related to 
     covered assistance provided to an individual or household if 
     such assistance is subject to a claim or legal action, 
     including in accordance with section 317 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5160); and''; and
       (2) in paragraph (3)(B)--
       (A) by striking ``Removal of'' and inserting ``Report on''; 
     and
       (B) in clause (ii) by striking ``the authority of the 
     Administrator to waive debt under paragraph (2) shall no 
     longer be effective'' and inserting ``the Administrator shall 
     report to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate actions that 
     the Administrator will take to reduce the error rate''.

     SEC. 3. REPORT TO CONGRESS.

       The Administrator of the Federal Emergency Management 
     Agency shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report containing a description of the internal 
     processes used to make decisions regarding the distribution 
     of covered assistance under section 1216 of the Disaster 
     Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any 
     changes made to such processes.

     SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Missouri 
(Mr. Graves) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members

[[Page H5857]]

may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5953, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5953, the Preventing Disaster 
Revictimization Act, introduced by Committee on Transportation and 
Infrastructure Ranking Member Graves from Missouri, Representative 
Huffman, Representative Thompson, Representative LaMalfa from 
California, and Congresswoman Plaskett from the U.S. Virgin Islands.
  This legislation is designed to ensure disaster survivors are not 
revictimized by recoupment--or clawbacks--of Federal disaster 
assistance they have received from the Federal Emergency Management 
Agency.
  Unfortunately, FEMA has repeatedly instructed disaster survivors to 
register for individual assistance for which they were ultimately not 
eligible or granted qualified survivors more assistance than they 
qualified for. However, once FEMA identifies its error, it forces these 
survivors into a bureaucratic nightmare to appeal the debt that they 
now owe as a result of FEMA's error.
  I am not surprised this still goes on, but I am disappointed that, 
given the technology and data we have at our fingertips, we have not 
been able to improve this system for survivors, more so given how small 
a piece of the Federal disaster recovery apparatus this is.
  H.R. 5953 would waive survivors' debt owed to the Federal Government 
in instances where FEMA erroneously distributed assistance.
  This bill would also provide a similar waiver to disaster survivors 
who may be involved in legal action against a party deemed responsible 
for a disaster event. While this scenario is less common, it is 
currently playing out in California and jeopardizing disaster relief 
for tens of thousands of families displaced by unprecedented wildfires 
of the last few years.
  Survivors have already been traumatized by a disaster. The Federal 
Government should not force them to endure a convoluted process to 
correct FEMA's mistake or decision to pursue legal action years after 
the event against a liable party.
  Mr. Speaker, I support this legislation and ask my colleagues to do 
the same, and I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I am the proud sponsor of H.R. 5953, the Preventing 
Disaster Revictimization Act. In the 2018 Disaster Recovery Reform Act, 
Congress made the recovery process fairer and more equitable for most 
communities. This bill builds upon those efforts by ensuring that spent 
funds aren't clawed back.
  When a disaster victim applies in good faith to FEMA for assistance 
and receives it from the Agency, we fully expect those individuals need 
to move quickly to use the assistance for eligible expenses, like home 
repairs, to speed up recovery, to begin rebuilding their lives. These 
victims should never expect FEMA to come back weeks or months or 
sometimes even years later and say: Sorry, we made a mistake. Now, you, 
the victim, have to give back those funds that we have already 
distributed to you and that you have already put to good use.
  To add insult to injury, FEMA's information on how disaster victims 
can appeal these decisions is incredibly confusing, and it is 
insufficient. Through no fault of their own, many disaster victims are 
faced with debt collectors and the full force of the Federal Government 
seeking repayment.
  People acting in good faith to rebuild should not be revictimized 
because they relied upon FEMA's determination that they were qualified 
for assistance that they did receive.
  Unfortunately, disaster victims have experienced this recently in my 
own district in a few of my communities, and one in particular, Craig, 
Missouri, and in other communities all across the country.
  One constituent in my district was awarded just over $12,000 only to 
have FEMA show up after the money was spent to say that they messed up, 
that that individual didn't actually qualify for the money, in their 
determination, and that it needed to be paid back. That is simply 
wrong, and it can devastate someone who is already facing some very 
difficult circumstances.
  H.R. 5953 is going to clarify that if FEMA makes an error and there 
is no evidence of fraud, the victim will not be revictimized, and their 
debt is automatically viewed as a hardship and waived.
  In addition, the bill would also require FEMA to report back to 
Congress on its error rates and tell us what they are doing to be more 
accountable.
  Mr. Speaker, I urge support for this legislation to ensure that the 
government does not revictimize disaster victims, and I reserve the 
balance of my time.
  Ms. NORTON. Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
  Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, I thank the 
Committee on Transportation and Infrastructure Ranking Member Sam 
Graves for leading this bill to prevent the Federal Emergency 
Management Agency from being able to collect disaster assistance funds 
that it has previously awarded to individuals and families who applied 
for Federal funding after they were affected by natural disasters.
  I think this bill, H.R. 5953, the Preventing Disaster Revictimization 
Act, is more important than ever with the history we have in the past, 
with hurricanes and earthquakes here in the Nation as well. And we are 
experiencing all of those examples that he just mentioned.

                              {time}  1630

  This legislation is the result of the management of funding and poor 
recordkeeping practices, which are not the fault of those affected by 
natural disasters. I truly believe that FEMA should be there to support 
individuals and families when they need it most, not revictimize them 
when they are starting over.
  As an example, in Puerto Rico, the island was devastated by 
hurricanes in 2017, then again by earthquakes earlier this year. We 
received more than $60 billion in disaster recovery funding that has 
been awarded to Puerto Rico and my constituents. How, now, can we tell 
those rebuilding that some of the funding that was given to them was by 
mistake? How does the Federal Government re-collect funding that was 
already used to buy materials to rebuild a home? It can't.
  I think this legislation makes sure our constituents and our people 
are not on the hook for FEMA's mistakes. I think this is a great 
opportunity to use those funds wisely. That is the reason I want to say 
thank you, again, to Representative Sam Graves for leading this issue, 
protecting those who have already become victims, and I urge its 
passage.
  Ms. NORTON. Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, in closing, this bill, H.R. 
5953, is going to ensure that disaster victims applying for FEMA 
assistance in good faith are not revictimized by the Agency if it 
realizes that it did make an error.
  Residents in north Missouri and across this country need to be able 
to rely on FEMA's determination on eligibility for assistance and not 
have to look over their shoulder as they rebuild, wondering if they are 
going to have to give back money sometime down the road.
  This bill also ensures that FEMA is working to prevent such errors in 
the future, making it a much better steward of the taxpayers' dollars 
and vital disaster funding.
  Mr. Speaker, I urge support for this very important piece of 
legislation, and I yield back the balance of my time.
  Ms. NORTON. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of

[[Page H5858]]

Columbia (Ms. Norton) that the House suspend the rules and pass the 
bill, H.R. 5953, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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