Title: To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to waive a prohibition, and for other purposes.
Policy area: Emergency Management

Summary:
This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to waive the general prohibition against duplication of benefits for losses as a result of a major disaster or emergency if the President finds such waiver is in the public interest. A request for a waiver must be granted or denied not later than 45 days after its submission.
In making a waiver decision the President may consider the recommendations of the Federal Emergency Management Agency (FEMA) and cost benefits.
The President may not determine that a loan is a duplication of assistance.
The general prohibition against duplication of benefits under the Stafford Act does not preclude funding of activities associated with the construction of a federally authorized water resources development project.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4438 Introduced in House (IH)]

<DOC>






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 Gonzalez-Colon 
   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.

    Be it enacted by the Senate and House of Representatives 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.--
                    ``(A) In general.--The President may waive the 
                general prohibition provided in subsection (a) upon 
                request of a Governor, if the President finds such 
                waiver is in the public interest. 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 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 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.''.
    (b) Funding of a Federally Authorized Water Resources Development 
Project.--
            (1) Notwithstanding section 312 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act and its 
        implementing regulations, assistance 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 construed to change 
        the cost share of the hazard mitigation 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 authorized 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 development project of the Army Corps of Engineers to 
        which State or local funding is applied.
            (5) Funding provided under section 404 pursuant to this 
        subsection may not exceed the total Federal share for a 
        federally authorized water resources development project of the 
        Army Corps of Engineers.
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