Disaster Assistance Fairness and Accountability Act of 2015

Disaster Assistance Fairness and Accountability Act of 2015

Prohibits the Federal Emergency Management Agency (FEMA) from taking any actions to recoup from a recipient assistance provided in relation to a major disaster declared by the President on or after January 1, 2012, if: (1) the recipient's application was made in good faith and provided accurate information and the receipt of such assistance could reasonably have been expected by the recipient, or (2) the receipt of such assistance occurred more than three years before FEMA first notifies the recipient of FEMA's intent to recoup.

Requires FEMA, in carrying out a recoupment of disaster assistance that is not prohibited under this Act, to provide documentation that demonstrates that the recipient did not apply in good faith with accurate information or could not reasonably have expected to receive such assistance.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 638 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 638

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2015

Mr. MacArthur introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 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.

    (a) In General.--The Federal Emergency Management Agency may not 
take any actions to recoup covered assistance from a recipient of such 
assistance if--
            (1) the--
                    (A) application of the recipient with respect to 
                such assistance was made in good faith and provided 
                accurate information; and
                    (B) receipt of such assistance could reasonably 
                have been expected by the recipient; or
            (2) 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.
    (b) Disclosure of Fault.--In carrying out a recoupment of covered 
assistance that is not prohibited under subsection (a), the Federal 
Emergency Management Agency shall provide to the relevant recipient 
documentation that demonstrates the manner in which the recipient does 
not satisfy subsection (a)(1).
    (c) Covered Assistance Defined.--In this section, the term 
``covered assistance'' means assistance provided--
            (1) under section 408 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5174); and
            (2) in relation to a major disaster declared by the 
        President under section 401 of such Act (42 U.S.C. 5170) on or 
        after January 1, 2012.
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