Flexibility
Waiver authority
Definition
In this subsection, the term “covered assistance” means assistance provided—
under section 5174 of this title; and
in relation to a major disaster or emergency declared by the President under section 5170 or 5191, respectively, of this title on or after
Authority
Notwithstanding section 3716(e) of title 31, 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.
Monitoring of covered assistance distributed based on error
In general
Removal of waiver authority based on excessive error rate
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 5170 or section 5191, respectively, of this title 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.
Recoupment of certain assistance prohibited
In general
Covered assistance defined
In this subsection, the term “covered assistance” means assistance provided—
under section 5174 of this title; and
in relation to a major disaster or emergency declared by the President under section 5170 or 5191 of this title, respectively, on or after
Statute of limitations
Omitted
Applicability
In general
With respect to disaster or emergency assistance provided to a State or local government on or after
no administrative action may be taken to recover a payment of such assistance after
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 5205(a)(1) of this title, as amended by paragraph (1).