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

Bill: 115-hr-4438
Sponsor: full_name: Rep. Graves, Garret [R-LA-6]
Introduced: 2017-11-16
Policy area: Emergency Management
Subjects: Disaster relief and insurance

Water resources funding
Latest action: action_date: 2017-11-17
text: Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.

Summaries:
action_date: 2017-11-16
action_desc: Introduced in House
text: <p>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.</p> <p> In making a waiver decision the President may consider the recommendations of the Federal Emergency Management Agency (FEMA) and cost benefits.</p>  <p>The President may not determine that a loan is a duplication of assistance.</p> <p>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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 4438 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 González-Colón 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. 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.