I 

115TH CONGRESS 

1ST SESSION H. R. 4438 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to waive a prohibition, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2017 

Mr. GRAVES of Louisiana (for himself, Mr. RICHMOND, Mr. MCCAUL, Ms. 

PLASKETT, Mr. CULBERSON, Mr. CRIST, Mr. CARTER of Texas, Mr. HIGGINS of Louisiana, Mr. FARENTHOLD, Mr. WEBSTER of Florida, Miss 

GONZA ́LEZ-COLO ́N of Puerto Rico, Mr. WEBER of Texas, and Mr. BABIN) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to waive a prohibition, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DUPLICATION OF BENEFITS. 

4 (a) IN GENERAL.—Section 312(b) of the Robert T. 

5 Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5155(b)) is amended by adding at the end the 

7 following: 

8 ‘‘(4) WAIVER OF GENERAL PROHIBITION.— 


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1 ‘‘(A) IN GENERAL.—The President may 

2 waive the general prohibition provided in sub3 section (a) upon request of a Governor, if the 

4 President finds such waiver is in the public in5 terest. In making this decision the President 

6 may consider the following: 

7 ‘‘(i) The recommendations of the Ad8 ministrator of the Federal Emergency 

9 Management Agency made in consultation 

10 with the Federal agency administering the 

11 duplicative program. 

12 ‘‘(ii) The cost benefits to be achieved 

13 by funding the assistance if the waiver is 

14 granted. 

15 ‘‘(iii) Equity and good conscience. 

16 ‘‘(iv) Other matters of public policy 

17 considered appropriate by the President. 

18 ‘‘(B) GRANT OR DENIAL OF WAIVER.—A re19 quest under subparagraph (A) shall be granted or 

20 denied not later than 45 days after submission of 

21 such request. 

22 ‘‘(C) PROHIBITION ON DETERMINATION THAT

23 LOAN IS A DUPLICATION.—Notwithstanding sub24 section (c), in carrying out subparagraph (A), the 


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1 President may not determine that a loan is a dupli2 cation of assistance.’’. 

3 (b) FUNDING OF A FEDERALLY AUTHORIZED WATER

4 RESOURCES DEVELOPMENT PROJECT.— 

5 (1) Notwithstanding section 312 of the Robert 

6 T. Stafford Disaster Relief and Emergency Assist7 ance Act and its implementing regulations, assist8 ance provided pursuant to section 404 of such Act 

9 may be used to fund eligible activities under section 

10 404 associated with the construction of a federally 

11 authorized water resources development project of 

12 the Army Corps of Engineers. 

13 (2) Nothing in this subsection shall be con14 strued to change the cost share of the hazard miti15 gation measures as determined under section 404. 

16 (3) All Federal funding provided under section 

17 404 pursuant to this subsection shall be considered 

18 Federal funding for the purposes of a federally au19 thorized water resources development project of the 

20 Army Corps of Engineers to which the State or local 

21 funding is applied. 

22 (4) All non-Federal match funding provided 

23 under section 404 pursuant to this subsection shall 

24 be considered non-Federal funding for the purposes 

25 of a federally authorized water resources developVerDate Sep 11 2014 21:59 Nov 28, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4438.IH H4438

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1 ment project of the Army Corps of Engineers to 

2 which State or local funding is applied. 

3 (5) Funding provided under section 404 pursu4 ant to this subsection may not exceed the total Fed5 eral share for a federally authorized water resources 

6 development project of the Army Corps of Engi7 neers. 

Æ 


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