Sec. 304. DISASTER GRANT CLOSEOUT PROCEDURES
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## SEC. 304 DISASTER GRANT CLOSEOUT PROCEDURES **[**[42 U.S.C. 5205](/us/usc/t42/s5205)**]** Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end the following: > > ## “SEC. 705 DISASTER GRANT CLOSEOUT PROCEDURES > > > ### “(a) Statute of Limitations > > > #### “(1) In general > > Except as provided in paragraph (2), no administrative action to recover any payment made to a State or local government for disaster or emergency assistance under this Act shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency. > > > #### “(2) Fraud exception > > The limitation under paragraph
(1)shall apply unless there is evidence of civil or criminal fraud. > > > ### “(b) Rebuttal of Presumption of Record Maintenance > > > #### “(1) In general > > In any dispute arising under this section after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency, there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities. > > > #### “(2) Affirmative evidence > > The presumption described in paragraph
(1)may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph. > > > #### “(3) Inability to produce documentation > > The inability of the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report shall not constitute evidence to rebut the presumption described in paragraph (1). > > > #### “(4) Right of access > > The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long as the records are maintained. > > > ### “(c) Binding Nature of Grant Requirements > > A State or local government shall not be liable for reimbursement or any other penalty for any payment made under this Act if— > > > #### “(1) > > the payment was authorized by an approved agreement specifying the costs; > > > #### “(2) > > the costs were reasonable; and > > > #### “(3) > > the purpose of the grant was accomplished.” > .
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