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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC5155]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
 SUBCHAPTER III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
 
Sec. 5155. Duplication of benefits


(a) General prohibition

    The President, in consultation with the head of each Federal agency 
administering any program providing financial assistance to persons, 
business concerns, or other entities suffering losses as a result of a 
major disaster or emergency, shall assure that no such person, business 
concern, or other entity will receive such assistance with respect to 
any part of such loss as to which he has received financial assistance 
under any other program or from insurance or any other source.

(b) Special rules

                           (1) Limitation

        This section shall not prohibit the provision of Federal 
    assistance to a person who is or may be entitled to receive benefits 
    for the same purposes from another source if such person has not 
    received such other benefits by the time of application for Federal 
    assistance and if such person agrees to repay all duplicative 
    assistance to the agency providing the Federal assistance.

                           (2) Procedures

        The President shall establish such procedures as the President 
    considers necessary to ensure uniformity in preventing duplication 
    of benefits.

                   (3) Effect of partial benefits

        Receipt of partial benefits for a major disaster or emergency 
    shall not preclude provision of additional Federal assistance for 
    any part of a loss or need for which benefits have not been 
    provided.

(c) Recovery of duplicative benefits

    A person receiving Federal assistance for a major disaster or 
emergency shall be liable to the United States to the extent that such 
assistance duplicates benefits available to the person for the same 
purpose from another source. The agency which provided the duplicative 
assistance shall collect such duplicative assistance from the recipient 
in accordance with chapter 37 of title 31, relating to debt collection, 
when the head of such agency considers it to be in the best interest of 
the Federal Government.

(d) Assistance not income

    Federal major disaster and emergency assistance provided to 
individuals and families under this chapter, and comparable disaster 
assistance provided by States, local governments, and disaster 
assistance organizations, shall not be considered as income or a 
resource when determining eligibility for or benefit levels under 
federally funded income assistance or resource-tested benefit programs.

(Pub. L. 93-288, title III, Sec. 312, as added Pub. L. 100-707, title I, 
Sec. 105(i), Nov. 23, 1988, 102 Stat. 4693.)


                            Prior Provisions

    A prior section 5155, Pub. L. 93-288, title III, Sec. 315, May 22, 
1974, 88 Stat. 152, consisted of similar provisions, prior to repeal by 
Pub. L. 100-707, Sec. 105(i).
    A prior section 312 of Pub. L. 93-288 was renumbered section 309 by 
Pub. L. 100-707 and is classified to section 5152 of this title.