Section 1 Short title
This Act may be cited as the “Streamlined FEMA Cost Exemption Act”.
Streamlined FEMA Cost Exemption Act
A BILL
To provide for streamlined cost exemptions for public assistance projects by the Federal Emergency Management Agency, and for other purposes.
Sec. 2 Recoupment of certain assistance prohibited
Section 705(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205(a)(1)) is amended by striking “3 years” and inserting “2 years”.
Sec. 3 Restoration of waiver authority
Authority— Section 312(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by adding at the end the following:
“(4) Waiver of general prohibition
“(A) In general—The President may waive the general prohibition provided in subsection (a) upon request of a Governor on behalf of the State or on behalf of a person, business concern, or any other entity suffering losses as a result of a major disaster or emergency, if the President finds such waiver is in the public interest and will not result in waste, fraud, or abuse. In making this decision, the President may consider the following:
“(i) The recommendations of the Administrator of the Federal Emergency Management Agency made in consultation with the Federal agency or agencies administering the duplicative program.
“(ii) If a waiver is granted, the assistance to be funded is cost effective.
“(iii) Equity and good conscience.
“(iv) Other matters of public policy considered appropriate by the President.
“(B) Grant or denial of waiver—A request under subparagraph (A) shall be granted or denied not later than 45 days after submission of such request.
“(C) Prohibition on determination that loan is a duplication—Notwithstanding subsection (c), in carrying out subparagraph (A), the President may not determine that a loan is a duplication of assistance, provided that all Federal assistance is used toward a loss suffered as a result of the major disaster or emergency.”
Limitation— This subsection, including the amendment made by subsection (a), shall not be construed to apply to section 406 or 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172, 5174).
Applicability— The amendment made by subsection (a) shall apply to any 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 the date of enactment of this Act.
Sec. 4 Waiver of certain recoupment of funds
Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following:
“707. Waiver of certain recoupment of funds
“(a) In general—Notwithstanding subchapter IV of chapter 33 of title 31, United States Code, the Administrator may waive recoupment of funds provided for a covered project that—
“(1) are otherwise eligible to be recouped by a provision of this Act; and
“(2) that exceed the total cost of a covered project by not greater than 5 percent.
“(b) Covered project—In this section, the term covered project means a project for which financial assistance was provided under section 403, 406, 407, 428, or 502.”
Sec. 5 Acceptable error ratio
Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is further amended by adding at the end the following:
“708. Acceptable error ratio
“(a) Establishment—Notwithstanding subchapter IV of chapter 33 of title 31, United States Code, the Administrator of the Federal Emergency Management Agency shall develop and establish an acceptable error ratio for allocations during eligibility negotiations relating to financial assistance provided under this Act.
“(b) Use of funds—The Administrator shall ensure that any amount provided under this Act that the Administrator considers to be within the error ratio established under subsection (a) is used for an eligible purpose for which the assistance is provided.”