Bill would Prevent FEMA Recoupment

Freshman U.S. Rep. Tom MacArthur (R), 3rd District New Jersey, has introduced his first bill to help Superstorm Sandy victims who have been receiving Recoupment notices from the Federal Emergency Management Agency (FEMA).

The Disaster Assistance and Fairness Accountability Act of 2015 would protect survivors of natural disasters like Sandy.

“The Disaster Assistance Fairness and Accountability Act tackles a problem that I’ve been working on since even before my election. In Ocean County, some Sandy victims who received disaster assistance from the government are now being required to give it back because FEMA claims they made a mistake,” said MacArthur.

MacArthur hosted a free event in December, for people facing FEMA Recoupment, with Berkeley Township Mayor Carmen Amato, Legal Services of New Jersey, and the Ocean County Long Term Recovery Group.

“While the government should certainly crack down on those who are abusing the system, the majority of these people have abided by the law. They deserve our protection and assistance, not a visit from a bill collector,” said MacArthur.

The Disaster Assistance Fairness and Accountability Act would prohibit FEMA from recouping funds except under certain circumstances. The bill makes provisions to protect victims from recoupment if they filled out accurate applications and were awarded aid based on those applications, even if FEMA later questions the basis of the grant. It also shifts the burden of proof so that FEMA must document the guilt of those who allegedly submitted inaccurate or falsified applications for aid, instead of requiring individuals to prove their innocence. Finally, it applies a three year statute of limitations on recoupment actions, as there is currently no limit.

“We’re grateful for Congressman MacArthur’s help on this important issue, and are pleased that he’s taking steps in Congress to protect victims of Superstorm Sandy,” said Sue Marticek, Executive Director of the Ocean County Long Term Recovery Group. “We look forward to working with him over the next few years to help Ocean County rebuild and recover from this disaster,” she added.

“As it says in the title, this bill simply comes down to fairness and accountability,” MacArthur concluded. “In my 30 years in the insurance business, I’ve seen numerous occasions where an insurance company paid a claim, only to later question the payment. But in the private sector, an insurer doesn’t get to just take their money back. Ultimately, the federal government should be held to that same standard, which is why I’ll fight to ensure that FEMA treats all disaster survivors fairly.”