PUBLIC LAW 100-707—NOV. 23, 1988
102 STAT. 4693
"(c) STATE ACTING AS SELF-INSURER.—A State may elect to act as a self-insurer with reelect to any or all of the facilities owned by the State. Such an election, if declared in writing at the time of acceptance of assistance under section 406 or 422 of this Act or section 803 of the Public Works and Economic Development Act of 1965 or subsequently and accompanied by a plan for self-insurance which is satisfactory to the Prudent, shall be deemed compliance with subsection (a). No such self-insurer may receive assistance under section 406 or 422 of this Act for any property or part thereof for which it has previously received assistance under this Act, to the extent that insurance for such property or part thereof would have been reasonably available.". (i) DUPUCATION OP BENEFITS.—Title HI is further amended by
striking out section 315 and inserting in lieu thereof the following new section: "SEC 312. DUPUCATION OF BENEFITS.
42 USC 5155.
"(a) GENERAL PROHIBITION.—The President, in consultation with President of U.S. the head of each Federal agency administering any program providing financial assistance to person8, 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 finandal assistance under any other program or from insurance or any other source. "0») 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 proce- President of U.S. dures 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 UsAAe to the United States to ti^e 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 aanstance from the recipient in accordance with chapter 37 of title 31, United States Code, 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 Act, 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.".
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