[Senate Report 117-101]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 359
117th Congress        }                         {             Report
                                 SENATE
 2d Session           }                         {             117-101
_______________________________________________________________________



 
                PREVENTING DISASTER REVICTIMIZATION ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                H.R. 539

          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



		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                  May 3, 2022.--Ordered to be printed
                  
                  	        __________	
                  	        
                     U.S. GOVERNMENT PUBLISHING OFFICE       
                  
29-010			    WASHINGTON : 2022                  
                  
                  
                  
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
     Clyde E. Hicks Jr., Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



                                                       Calendar No. 359
117th Congress        }                         {             Report
                                 SENATE
 2d Session           }                         {             117-101

======================================================================




                PREVENTING DISASTER REVICTIMIZATION ACT

                                _______
                                

                  May 3, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 539]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 539) 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, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    H.R. 539, the Preventing Disaster Revictimization Act, 
requires the Federal Emergency Management Agency (FEMA) to 
waive the debt of disaster relief recipients when the Agency 
later determines it mistakenly granted assistance, but the 
recipient committed no fraud and made no false claim or 
misrepresentation. This prevents FEMA from recouping, sometimes 
years after the fact, funds that were awarded to disaster 
victims when the victim acted in good faith and the error was 
on the part of the Agency.

              II. Background and Need for the Legislation

    Disaster victims rely on FEMA's Individual Assistance (IA) 
programs to help them recover from major disasters.\1\ 
Individual disaster victims and families often use IA funds to 
cover immediate, pressing expenses including short- and medium-
term lodging, basic repairs on primary residences, and 
necessary legal services and childcare.\2\ FEMA has the 
statutory authority to recoup IA funds from recipients when 
those funds are used inappropriately or are obtained using 
fraud or false claims.\3\
---------------------------------------------------------------------------
    \1\See Congressional Research Service, FEMA Individual Assistance 
Programs: In Brief, at 1 (R45085) (Jan. 31, 2018).
    \2\See id. at 1-3.
    \3\Federal Emergency Management Agency: FEMA Explains Appeals 
Process for Recoupment Letters (Nov. 19, 2020); 31 U.S.C. Sec. 3711.
---------------------------------------------------------------------------
    In recent years, however, FEMA has used its authority to 
recover funds from disaster victims who, through no fault of 
their own, received disaster aid that FEMA later determined 
they were not qualified to receive.\4\ These individuals, who 
are victims of major natural disasters, acted in good faith, 
and FEMA committed the error and returned to collect funds that 
were already spent.\5\ For example, one victim whose Missouri 
home was destroyed by major flooding was awarded over $12,000 
for home repairs and other expenses.\6\ Months later, due to 
bureaucratic confusion caused by FEMA's denial of Missouri's 
first disaster assistance application and appeal, and 
acceptance of the second application, the Agency demanded that 
the victim pay back the money ``or face garnished Social 
Security checks.''\7\ The Congressional Budget Office (CBO) 
estimates this bill would waive approximately $36 million in 
disaster relief debt from affected disaster victims who have 
been ordered to return their disaster aid.
---------------------------------------------------------------------------
    \4\See, e.g., Letter from Rep. Frank Pallone Jr. et. al. to Rep. 
David Price et. al. (Apr. 30, 2021) (https://pallone.house.gov/sites/
pallone.house.gov/files/FY22%20CDL_Clawbacks%20 
Appropriations%20Request%20Letter.pdf) (detailing FEMA's efforts to 
claw back funds from Hurricane Sandy victims).
    \5\Statement of Congresswoman Eleanor Holmes Norton, Congressional 
Record, H5857 (Nov. 17, 2020).
    \6\Statement of Representative Sam Graves, Congressional Record, 
H5857 (Nov. 17, 2020).
    \7\See id.; see also Jefferson City News Tribune, FEMA Takes 
$12,400 Check Back from Flood Victim (Dec. 9, 2019) (https://
www.newstribune.com/news/local/story/2019/dec/09/fema-takes-12400-
check-back-from-flood-victim/807514/).
---------------------------------------------------------------------------
    H.R. 539 addresses this issue by requiring FEMA to waive 
the debt of disaster relief recipients when the Agency later 
determines that it mistakenly granted assistance but the 
recipient acted in good faith and without fraud, false claims, 
or misrepresentation. The bill also requires FEMA to report to 
Congress on the number of mistakes it makes in IA award 
determinations and on the Agency's efforts to minimize similar 
errors in the future.

                        III. Legislative History

    Representative Sam Graves (R-MO-6) introduced H.R. 539, the 
Preventing Disaster Revictimization Act, on January 28, 2021. 
The bill was referred to the House Committee on Transportation 
and Infrastructure and the House Committee on the Budget. The 
House of Representatives passed the legislation under 
suspension of the rules by voice vote on June 15, 2021.
    The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs on June 16, 2021. The 
Committee considered H.R. 539 at a business meeting on July 14, 
2021. During the business meeting, a modified amendment was 
offered by Senator Scott, which was not adopted by roll call 
vote of 4 yeas to 10 nays. Senators Johnson, Lankford, Scott, 
and Paul (by proxy) voted in the affirmative. Senators Peters, 
Carper, Hassan, Rosen, Padilla, Ossoff, Portman, Romney, 
Hawley, and Sinema (by proxy) voted in the negative. The 
Committee ordered the bill reported favorably by voice vote 
with Senators Peters, Hassan, Rosen, Padilla, Ossoff, Portman, 
Johnson, Lankford, Romney, Scott, and Hawley present. Senator 
Scott was recorded as voting ``no.''

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the short title of the bill as the 
``Preventing Disaster Revictimization Act.''

Section 2. Flexibility

    This section amends 42 U.S.C. Sec. 5174a to require the 
Administrator of FEMA to waive debts related to IA distributed 
to individuals or households if the distribution was based on 
an error by FEMA and the debt is construed as a hardship. 
Moreover, this section requires FEMA to waive debts related to 
IA if it is subject to a claim or legal action.
    Additionally, this section eliminates the cap on debt 
waivers and replaces it with a requirement that FEMA report to 
Congress on actions taken by the Agency to reduce the error 
rate in IA.

Section 3. Report to Congress

    This section requires FEMA to report to Congress on the 
internal processes used to make decisions regarding 
distribution of IA and any changes made to those processes.

Section 4. Determination of budgetary effects

    This section specifies that the budgetary effects of this 
bill will be determined by referring to the ``Budgetary Effects 
of PAYGO Legislation.''

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 9, 2021.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 539, the 
Preventing Disaster Revictimization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    
    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Except in cases involving fraud, H.R. 539 would require the 
Federal Emergency Management Agency (FEMA) to waive the 
collection of improper payments provided to individuals or 
households after major disasters declared under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act. The act 
also would require FEMA to report on its processes for 
determining the distribution of disaster assistance.
    Under current law, FEMA must recoup improper payments, 
which can stem from errors in processing or from duplicate 
payments. Recouped amounts are deposited into the Disaster 
Relief Fund and are available to spend without further 
appropriation. The agency currently has limited discretion to 
waive debts.
    CBO assumes that the legislation will be enacted late in 
fiscal year 2021. Accordingly, the budgetary effects would 
begin in 2022. Using information from the agency, CBO estimates 
that, in nearly all eligible cases under the act, FEMA would 
waive collections, which currently total $36 million. Those 
collections are recorded as reductions in direct spending, so 
waiving them would increase direct spending. However, those 
amounts would have been available to spend, so the bill also 
would reduce outlays. Because collections precede spending, 
enacting the bill would increase direct spending by $2 million 
over the 2021-2026 period but would have no net effect on 
direct spending over the 2021-2031 period.
    The act would not change FEMA's authority to provide 
disaster relief; therefore, in CBO's view H.R. 539 also would 
implicitly authorize the appropriation of amounts equal to the 
forgone recoveries. Thus, CBO estimates that implementing the 
act would cost $36 million over the 2021-2031 period, assuming 
appropriation of the necessary amounts.
    CBO estimates that the cost to FEMA of reporting on the 
distribution of disaster assistance to individuals and 
households would not be significant.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. The net changes in outlays that 
are subject to those procedures are shown in Table 1.

  TABLE 1.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 539, THE PREVENTING DISASTER REVICTIMIZATION ACT, AS ORDERED REPORTED BY THE
                                     SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ON JULY 14, 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2021   2022   2023   2024   2025   2026   2027   2028   2029   2030   2031  2021-2026  2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase or Decrease (-) in the Deficit
 
Pay-As-You-Go Effect.................................      0      4      0      0     -1     -1     -2      0      0      0      0         2          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On June 14, 2021, CBO transmitted a cost estimate for H.R. 
539, the Preventing Disaster Revictimization Act, as ordered 
reported by the House Committee on Transportation and 
Infrastructure on March 24, 2021. The two pieces of legislation 
are similar, and CBO's estimates of their budgetary effects are 
the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 68--DISASTER RELIEF

           *       *       *       *       *       *       *



Subchapter IV--Major Disaster Assistance Programs

           *       *       *       *       *       *       *


SEC. 5174A. FLEXIBILITY.

    (a) Waiver Authority.--
          (1) Definition.--In this subsection, the term 
        ``covered assistance'' means assistance provided--
                  (A) under section 5174 of this title; and
                  (B) in relation to a major disaster or 
                emergency declared by the President under 
                section 5170 or 5191, respectively, of this 
                title on or after October 28, 2012.
          (2) Authority.--Notwithstanding section 3716(e) of 
        title 31, the Administrator--
                  [(A) subject to subparagraph (B), may waive a 
                debt owed to the United States related to 
                covered assistance provided to an individual or 
                household if--
                          [(i) the covered assistance was 
                        distributed based on an error by the 
                        Agency;
                          [(ii) there was no fault on behalf of 
                        the debtor; and
                          [(iii) the collection of the debt 
                        would be against equity and good 
                        conscience; and]
                  (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
                  (B) may not waive a debt under subparagraph 
                (A) 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.
          (3) Monitoring of covered assistance distributed 
        based on error.--
                  (A) In general.--The Inspector General of the 
                Department of Homeland Security shall monitor 
                the distribution of covered assistance to 
                individuals and households to determine the 
                percentage of such assistance distributed based 
                on an error.
                  (B) [Removal of] Report on waiver authority 
                based on excessive error rate.--If the 
                Inspector General of the Department of Homeland 
                Security determines, with respect to any 12-
                month period, that the amount of covered 
                assistance distributed based on an error by the 
                Agency exceeds 4 percent of the total amount of 
                covered assistance distributed--
                          (i) the Inspector General shall 
                        notify the Administrator and publish 
                        the determination in the Federal 
                        Register; and
                          (ii) with respect to any major 
                        disaster or emergency declared by the 
                        President under section 5170 or section 
                        5191, respectively, of this title after 
                        the date on which the determination is 
                        published under subparagraph (A), [the 
                        authority of the Administrator to waive 
                        debt under paragraph (2) shall no 
                        longer be effective] 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.

           *       *       *       *       *       *       *


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