42 USC 5155 - Duplication of benefits

U.S Code last checked for updates: Apr 26, 2024

§ 5155.

Duplication of benefits

(a)

General prohibition

(b)

Special rules

(1)

Limitation

(2)

Procedures

(3)

Effect of partial benefits

(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

(C)

Prohibition on determination that loan is a duplication

(c)

Recovery of duplicative benefits

(d)

Assistance not income

(Pub. L. 93–288, title III, § 312, as added Pub. L. 100–707, title I, § 105(i), Nov. 23, 1988, 102 Stat. 4693; amended Pub. L. 115–254, div. D, § 1210(a)(1), (4), Oct. 5, 2018, 132 Stat. 3442, 3443.)

cite as: 42 USC 5155