HR2341-119

2. Duplication of benefits 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. In carrying out this paragraph, no income threshold may be applied to limit the eligibility of a recipient from qualifying for a waiver under this paragraph. This paragraph shall apply to any major disaster or emergency declared by the President under section 401 or 501, respectively, on or after January 1, 2016. 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). Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, 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. 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: Efforts to improve coordination between the Agency and other relevant Federal agencies when delivering disaster assistance to individuals. Clarify the sequence of delivery of disaster assistance to individuals from the Agency, and other relevant Federal agencies. 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. 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. 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). (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. (D)Prohibition on income thresholdIn carrying out this paragraph, no income threshold may be applied to limit the eligibility of a recipient from qualifying for a waiver under this paragraph. (E)ApplicabilityThis paragraph shall apply to any major disaster or emergency declared by the President under section 401 or 501, respectively, on or after January 1, 2016. .