HR 7070 — Wildfire Response Improvement Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 FAA REAUTHORIZATION ACT OF 2018

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DIVISION D--DISASTER RECOVERY REFORM

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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.--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.--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] during 
 the period beginning on January 1, 2016, and ending on 
 the date on which the provision contained in such 
 amendment is struck pursuant to paragraph (4).
 (4) Sunset.--On the date that is [5] 10 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) Prohibition on income threshold.--In carrying out 
 the amendment made by paragraph (1), no income 
 threshold may be applied to limit the eligibility of a 
 recipient from qualifying for a waiver under the 
 amendment made by such paragraph.
 [(5)] (6) 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.--
 (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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