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. HIG-
GINS 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 Emer-
gency Assistance Act to waive a prohibition, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DUPLICATION OF BENEFITS. 
(a) IN GENERAL.—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.— 
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‘‘(A) IN
GENERAL.—The President may 
waive the general prohibition provided in sub-
section (a) upon request of a Governor, if the 
President finds such waiver is in the public in-
terest. In making this decision the President 
may consider the following: 
‘‘(i) The recommendations of the Ad-
ministrator of the Federal Emergency 
Management Agency made in consultation 
with the Federal agency administering the 
duplicative program. 
‘‘(ii) The cost benefits to be achieved 
by funding the assistance if the waiver is 
granted. 
‘‘(iii) Equity and good conscience. 
‘‘(iv) Other matters of public policy 
considered appropriate by the President. 
‘‘(B) GRANT OR DENIAL OF WAIVER.—A re-
quest 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 sub-
section (c), in carrying out subparagraph (A), the 
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President may not determine that a loan is a dupli-
cation of assistance.’’. 
(b) FUNDING OF A FEDERALLY AUTHORIZED WATER 
RESOURCES DEVELOPMENT PROJECT.— 
(1) Notwithstanding section 312 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act and its implementing regulations, assist-
ance provided pursuant to section 404 of such Act 
may be used to fund eligible activities under section 
404 associated with the construction of a federally 
authorized water resources development project of 
the Army Corps of Engineers. 
(2) Nothing in this subsection shall be con-
strued to change the cost share of the hazard miti-
gation measures as determined under section 404. 
(3) All Federal funding provided under section 
404 pursuant to this subsection shall be considered 
Federal funding for the purposes of a federally au-
thorized water resources development project of the 
Army Corps of Engineers to which the State or local 
funding is applied. 
(4) All non-Federal match funding provided 
under section 404 pursuant to this subsection shall 
be considered non-Federal funding for the purposes 
of a federally authorized water resources develop-
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