[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3759 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3759

   To provide for streamlined cost exemptions for public assistance 
  projects by the Federal Emergency Management Agency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2025

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

_______________________________________________________________________

                                 A BILL


 
   To provide for streamlined cost exemptions for public assistance 
  projects by the Federal Emergency Management Agency, 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 ``Streamlined FEMA Cost Exemption 
Act''.

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.

    (a) 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.''.
    (b) 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).
    (c) 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:

``SEC. 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:

``SEC. 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.''.
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