S. 1451
119th CONGRESS 1st Session
To provide for a waiver of duplication of benefits for certain assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of a major disaster or emergency, and for other purposes.
IN THE SENATE OF THE UNITED STATES · April 10, 2025 · Sponsor: Mr. Tillis · Committee: Committee on Homeland Security and Governmental Affairs
Table of contents
SEC. 1. Short title
- This Act may be cited as the Helene Small Business Recovery Act.
SEC. 2. Waiver of duplication of benefits
- (a) Definitions
- In this section, the terms and have the meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ().
major disaster,emergency42 U.S.C. 5122 - Definitions
- In this section, the terms and have the meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ().
- (b) Waiver of general prohibition
- (1) In general
- The President may waive section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () upon the 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 that the waiver— 42 U.S.C. 5155(a)
- is in the public interest; and
- will not result in waste, fraud, or abuse.
- The President may waive section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () upon the 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 that the waiver— 42 U.S.C. 5155(a)
- (2) Considerations
- In determining whether to grant a waiver under paragraph (1), 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 relevant duplicative program.
- If a wavier is granted, whether the assistance to be funded is cost effective.
- Equity and good conscience.
- Other matters of public policy considered appropriate by the President.
- In determining whether to grant a waiver under paragraph (1), the President may consider the following:
- (3) Grant or denial of waiver
- Not later than 45 days after the date of submission of a request under paragraph (1), the President shall grant or deny the request.
- (4) Prohibition on determination that loan is a duplication
- Notwithstanding section 312(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (), in carrying out paragraph (1), the President may not determine that a loan is a duplication of assistance if all Federal assistance is used toward a loss suffered as a result of a major disaster or emergency. 42 U.S.C. 5155(c)
- (5) Prohibition on income threshold
- In carrying out this subsection, no income threshold may be applied to limit the eligibility of a recipient from qualifying for a waiver.
- (1) In general
- (c) Applicability
- Subsection (b) shall apply to the provision of assistance in response to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act () that occurred during calendar year 2023 or 2024. 42 U.S.C. 5121 et seq.