Duplications of Benefits Victims Relief Act
This bill, the Duplications of Benefits Victims Relief Act (H.R. 2341), would give the President a new authority to waive the general prohibition on duplicating benefits under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act). A waiver could be granted upon request by a Governor (on behalf of a state or affected persons) or by an offended entity, if the President determines that granting the waiver is in the public interest and would not result in waste, fraud, or abuse. The decision would be guided by factors such as FEMA’s recommendations, cost-effectiveness of the funded assistance, equity and good conscience, and other public policy considerations. The waiver process would require a decision within 45 days, and there are specific protections intended to ensure loans aren’t incorrectly treated as duplicative and that no income threshold bars eligibility for the waiver. In addition, the bill requires a Congress-level report within one year of enactment detailing improvements to disaster assistance delivery and coordination, with a follow-up update four years later. The bill also makes clear it does not apply to certain Stafford Act programs (sections 406 or 408) and applies to major disasters or emergencies declared after January 1, 2016.
Key Points
- 1Creates a new waiver pathway (Stafford Act 312(b)(4)) allowing the President to waive the general prohibition on duplicating benefits after a major disaster or emergency, upon request and if in the public interest and not wasteful or abusive.
- 2The waiver can be requested by a Governor (on behalf of a State or affected party) or by an entity suffering losses; decisions must be made within 45 days.
- 3Criteria for granting a waiver include: FEMA recommendations in coordination with other relevant agencies, cost-effectiveness of the funded assistance, equity and good conscience, and other public policy considerations.
- 4The bill prohibits treating a loan as a duplication for the purposes of this waiver, provided all federal assistance supports the loss suffered from the disaster.
- 5The bill prohibits income thresholds from disqualifying an individual or entity from eligibility for a waiver.
- 6Applies to major disasters or emergencies declared after January 1, 2016, under sections 401 or 501 of the Stafford Act.
- 7Requires the FEMA Administrator (and coordinating agencies) to produce a report within 1 year outlining actions and proposals to improve disaster assistance delivery, including coordination, sequencing, interpretation of §312, and better communications; an updated report is due within 4 years.
- 8Explicitly states it does not modify or apply to sections 406 or 408 of the Stafford Act.