HR2364-119

2. Waiver of duplication of benefits The President may waive the general prohibition provided in section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(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 Administration of the Federal Emergency Management Agency made in consultation with the Federal agency or agencies administering the duplicative program. If a wavier 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 paragraph (1) shall be granted or denied not later than 45 days after submission of such request. Notwithstanding section 312(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(c)), in carrying out paragraph (1), 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 subsection, no income threshold may be applied to limit the eligibility of a recipient from qualifying for a waiver. Subsection (a) shall apply to the provision of assistance in response to a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that occurred in calendar year 2023 or 2024.