Sec. 1216. Flexibility
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/bill/115/hr/302/eah/section-1216A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subsection, the term covered assistance means assistance provided— under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ); and in relation to a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) on or after October 28, 2012. Notwithstanding section 3716(e) of title 31, United States Code, the Administrator— subject to subparagraph (B), may 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; there was no fault on behalf of the debtor; and the collection of the debt would be against equity and good conscience; and 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. 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. 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— the Inspector General shall notify the Administrator and publish the determination in the Federal Register; and with respect to any major disaster or emergency declared by the President under section 401 or section 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ; 42 U.S.C. 5191 ) 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. Notwithstanding section 3716(e) of title 31, United States Code, and unless there is evidence of civil or criminal fraud, the Agency may not take any action to recoup covered assistance from the recipient of such assistance if the receipt of such assistance occurred on a date that is more than 3 years before the date on which the Agency first provides to the recipient written notification of an intent to recoup. In this subsection, the term covered assistance means assistance provided— under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ); and in relation to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act ( 42 U.S.C. 5170 ; 42 U.S.C. 5191 ) on or after January 1, 2012. Section 705 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5205 ) is amended— in subsection (a)(1)— by striking Except and inserting Notwithstanding section 3716(e) of title 31, United States Code, and except ; and by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee ; and in subsection (b)— in paragraph
(1)by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee ; and in paragraph
(3)by inserting for project completion as certified by the grantee after final expenditure report . With respect to disaster or emergency assistance provided to a State or local government on or after January 1, 2004— 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 paragraph (1); and 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 paragraph (1). 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.
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