Sec. 609. Duplication of benefits
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/bill/115/hr/4/ih/section-609A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: The President may waive the general prohibition provided in subsection
(a)upon request of a Governor on behalf of the State or on behalf of a person, business concern, or any other entity suffering losses as a result of a major disaster or emergency, if the President finds such waiver is in the public interest and will not result in waste, fraud, or abuse. In making this decision, the President may consider the following: The recommendations of the Administrator of the Federal Emergency Management Agency made in consultation with the Federal agency or agencies administering the duplicative program. If a waiver is granted, the assistance to be funded is cost effective. Equity and good conscience. Other matters of public policy considered appropriate by the President. A request under subparagraph
(A)shall be granted or denied not later than 45 days after submission of such request. Notwithstanding subsection (c), in carrying out subparagraph (A), the President may not determine that a loan is a duplication of assistance, provided that all Federal assistance is used toward a loss suffered as a result of the major disaster or emergency. . Notwithstanding section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ) and its implementing regulations, assistance provided pursuant to section 404 of such Act may be used to fund activities authorized for construction within the scope of a federally authorized water resources development project of the Army Corps of Engineers if such activities are also eligible activities under such section. All Federal funding provided under section 404 pursuant to this section shall be applied toward the Federal share of such project. All non-Federal matching funds required under section 404 pursuant to this section shall be applied toward the non-Federal share of such project. Funding provided under section 404 pursuant to this section may not exceed the total Federal share for such project. Nothing in this section shall— affect the cost-share requirement of a hazard mitigation measure under section 404; affect the eligibility criteria for a hazard mitigation measure under section 404; affect the cost share requirements of a federally authorized water resources development project; and affect the responsibilities of a non-Federal interest with respect to the project, including those related to the provision of lands, easements, rights-of-way, dredge material disposal areas, and necessary relocations. This section shall apply to each disaster and emergency declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) after January 1, 2016.
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