PolicyBrief
H.R. 2364
119th CongressMar 26th 2025
Helene Small Business Recovery Act
IN COMMITTEE

The Helene Small Business Recovery Act grants the President the authority to waive federal rules prohibiting the duplication of disaster benefits upon a Governor's request for losses incurred during 2023 or 2024 disasters.

Charles (Chuck) Edwards
R

Charles (Chuck) Edwards

Representative

NC-11

LEGISLATION

Disaster Aid Bill Temporarily Suspends 'No Double Dipping' Rule for 2023-2024 Disasters

The Helene Small Business Recovery Act isn’t about creating new disaster programs; it’s about making sure the money that already exists actually gets to people who need it, especially small businesses. Specifically, Section 2 gives the President temporary power to waive the federal rule that stops disaster aid recipients from ‘double dipping’—meaning you can’t get federal money from two different sources for the exact same loss. This new authority only applies to major disasters declared in 2023 or 2024, and it’s designed to cut through bureaucratic red tape when recovery is on the line.

The Waiver: When Two Checks Are Better Than One

Normally, if you’re a small business owner whose roof was destroyed in a hurricane, and FEMA gives you a grant for a new roof, the Small Business Administration (SBA) can’t give you a loan for that same roof. This is the duplication of benefits rule, meant to prevent fraud and overspending. This bill changes that by allowing the President to waive this rule if a state Governor asks for it. The President has to agree it’s in the “public interest” and won’t lead to waste or fraud. Think of it this way: if a disaster is so widespread that the initial aid programs just aren’t covering the full costs of recovery, this waiver provides a pressure release valve to get more funds flowing quickly.

No Income Tests, No Loan Penalties

Two provisions here are crucial for regular folks. First, the bill strictly prohibits the government from using any income threshold to decide who qualifies for this waiver. If your business was wiped out, your income level can’t be the reason you are denied the flexibility to receive aid. Second, the bill clarifies that if you take out a federal loan—say, an SBA disaster loan—that doesn't automatically count as a “duplication of assistance” that disqualifies you from other aid. For example, if a farmer takes out a loan to cover immediate replacement costs, they won't automatically be blocked from receiving a separate grant later to cover the same loss, provided the waiver is granted. This is a huge deal because often, people take the first aid they can get (usually a loan) and then find themselves penalized when applying for grants later.

The Trade-Off: Speed vs. Scrutiny

While this increased flexibility is great for disaster victims, it does introduce some risk. The President has to make a decision on a Governor’s waiver request within 45 days. Granting this waiver delegates significant power and relies heavily on the subjective standard of “public interest.” The anti-duplication rule exists for a reason—to protect taxpayer money from fraud. By temporarily loosening this standard, we’re trading increased speed and flexibility for a higher risk of waste or abuse, especially since the decision-making process is accelerated. Taxpayers bear the ultimate cost if oversight isn’t rigorous, but for those trying to rebuild their lives after a disaster, this flexibility could mean the difference between reopening their doors and shutting down permanently.