Helene Small Business Recovery Act

In this section, the terms major disaster and emergency have the meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

The President may waive section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(a)) 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—

(A) is in the public interest; and

(B) will not result in waste, fraud, or abuse.

In determining whether to grant a waiver under paragraph (1), the President may consider the following:

(A) 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.

(B) If a wavier is granted, whether the assistance to be funded is cost effective.

(C) Equity and good conscience.

(D) Other matters of public policy considered appropriate by the President.

Not later than 45 days after the date of submission of a request under paragraph (1), the President shall grant or deny the 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 if all Federal assistance is used toward a loss suffered as a result of a 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 (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 (42 U.S.C. 5121 et seq.) that occurred during calendar year 2023 or 2024.