Sec. 1210. DUPLICATION OF BENEFITS
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## SEC. 1210 DUPLICATION OF BENEFITS ###
(a)In General ####
(1)Authority 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 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: > > > ###### “(i) > > The recommendations of the Administrator of the Federal Emergency Management Agency made in consultation with the Federal agency or agencies administering the duplicative program. > > > ###### “(ii) > > If a waiver is granted, the assistance to be funded is cost effective. > > > ###### “(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, provided that all Federal assistance is used toward a loss suffered as a result of the major disaster or emergency.” > . ####
(2)Limitation **[**[42 U.S.C. 5155 note](/us/usc/t42/s5155)**]** This subsection, including the amendment made by paragraph (1), shall not be construed to apply to section 406 or 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172, 5174). ####
(3)Applicability **[**[42 U.S.C. 5155 note](/us/usc/t42/s5155)**]** The amendment made by paragraph
(1)shall apply to any major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) between January 1, 2016, and December 31, 2021. ####
(4)Sunset **[**[42 U.S.C. 5155 note](/us/usc/t42/s5155)**]** On the date that is 5 years after the date of enactment of this Act, section 312(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by striking paragraph (4), as added by subsection (a)(1) of this section. ####
(5)Report #####
(A)In general Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with other relevant Federal agencies, shall submit to the congressional committees of jurisdiction a report conducted by all relevant Federal agencies to improve the comprehensive delivery of disaster assistance to individuals following a major disaster or emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. #####
(B)Contents The report required under subparagraph
(A)shall include both administrative actions taken, or planned to be taken, by the agencies as well as legislative proposals, where appropriate, of the following: ######
(i)Efforts to improve coordination between the Agency and other relevant Federal agencies when delivering disaster assistance to individuals. ######
(ii)Clarify the sequence of delivery of disaster assistance to individuals from the Agency, and other relevant Federal agencies. ######
(iii)Clarify the interpretation and implementation of section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) when providing disaster assistance to individuals, including providing a common interpretation across the Agency, and other relevant Federal agencies, of the definitions and requirements under such section 312. ######
(iv)Increase the effectiveness of communication to applicants for assistance programs for individuals after a disaster declaration, including the breadth of programs available and the potential impacts of utilizing one program versus another. #####
(C)Report update Not later than 4 years after the date of enactment of this subsection, the Administrator, in coordination with other relevant Federal agencies, shall submit to the congressional committees of jurisdiction an update to the report required under subparagraph (A). ###
(b)Funding of a Federally Authorized Water Resources Development Project **[**[42 U.S.C. 5170c note](/us/usc/t42/s5170c)**]** ####
(1)Eligible activities 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. ####
(2)Federal funding All Federal funding provided under section 404 pursuant to this section shall be applied toward the Federal share of such project. ####
(3)Non-federal match All non-Federal matching funds required under section 404 pursuant to this section shall be applied toward the non-Federal share of such project. ####
(4)Total federal share Funding provided under section 404 pursuant to this section may not exceed the total Federal share for such project. ####
(5)No effect Nothing in this section shall— #####
(A)affect the cost-share requirement of a hazard mitigation measure under section 404; #####
(B)affect the eligibility criteria for a hazard mitigation measure under section 404; #####
(C)affect the cost share requirements of a federally authorized water resources development project; and #####
(D)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. ####
(6)Limitation If a federally authorized water resources development project of the Army Corps of Engineers is constructed with funding provided under section 404 pursuant to this subsection, no further Federal funding shall be provided for construction of such project.
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