S.1451 - Helene Small Business Recovery Act (119th Congress)
Summary
The Helene Small Business Recovery Act aims to waive duplication of benefits for certain assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. This waiver applies to losses resulting from major disasters or emergencies. The bill allows the President, upon a Governor's request, to waive the prohibition on duplicating benefits, provided it's in the public interest and doesn't lead to waste, fraud, or abuse.
Expected Effects
The Act could result in quicker and more comprehensive aid to small businesses affected by disasters. It also gives the President more discretion in disaster relief efforts. The bill specifies that no income threshold can limit eligibility for a waiver, and it applies to disasters declared in 2023 or 2024.
Potential Benefits
- Provides more flexible disaster relief by waiving duplication of benefits.
- Expedites aid to small businesses affected by major disasters or emergencies.
- Allows the President to consider 'equity and good conscience' when granting waivers.
- Prohibits income thresholds from limiting eligibility for waivers.
- Applies retroactively to disasters occurring in 2023 and 2024.
Potential Disadvantages
- Presidential waivers could be subject to political influence or abuse.
- The broad discretion given to the President might lead to inconsistent application of the law.
- Potential for increased government spending if waivers are granted liberally.
- The lack of specific criteria beyond 'public interest' could lead to legal challenges.
- May create an uneven playing field if some states or businesses receive waivers while others do not.
Constitutional Alignment
The bill appears to align with the Constitution's Article I, Section 8, which grants Congress the power to provide for the general welfare and to make all laws necessary and proper for carrying out its enumerated powers. The Stafford Act, which this bill amends, is based on this constitutional authority. The President's role in granting waivers is consistent with the executive power vested in the President by Article II.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).