[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8728 Reported in House (RH)]
<DOC>
Union Calendar No. 667
118th CONGRESS
2d Session
H. R. 8728
[Report No. 118-816]
To establish alternate procedures for lump sum payments for certain
covered small disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2024
Mr. Graves of Louisiana (for himself and Mr. Moskowitz) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
December 5, 2024
Additional sponsors: Mr. Moylan, Mr. Carter of Louisiana, and Mr. Kiley
December 5, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
13, 2024]
_______________________________________________________________________
A BILL
To establish alternate procedures for lump sum payments for certain
covered small disasters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State-Managed Disaster Relief Act''.
SEC. 2. ALTERNATIVE PROCEDURES FOR COVERED SMALL DISASTERS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et. seq) is amended by adding at the end the following:
``TITLE VIII--ALTERNATIVE PROCEDURES FOR COVERED SMALL DISASTERS
``SEC. 801. ALTERNATIVE PROCEDURES FOR COVERED SMALL DISASTERS.
``(a) In General.--The Governor of a State or the governing body of
an Indian tribal government for the area in which a covered small
disaster occurs may request a lump sum payment of the estimated damages
calculated under subsection (b) for such disaster in lieu of any
assistance under the Public Assistance Program for such disaster.
``(b) Calculation.--Notwithstanding the requirements of section
206.47(b) of title 44, Code of Federal Regulations, a payment under
subsection (a) shall be equal to the amount that is 80 percent of the
total estimated cost of assistance under the Public Assistance Program
for a covered small disaster in the area of jurisdiction of the State
or Indian tribal government requesting such payment.
``(c) Limitations.--
``(1) In general.--A State or Indian tribal government
receiving a payment under this section may not receive
assistance under the Public Assistance Program with respect to
the covered small disaster for which a payment was accepted
under this section.
``(2) Final payment.--
``(A) In general.--A payment under this section may
not be increased or decreased based on actual costs
calculated for a covered small disaster.
``(B) Exception.--Notwithstanding subparagraph (A),
the Administrator may adjust a payment under this
section in the event of unforeseen circumstances at no
fault of the applicant.
``(3) Selection of option.--A State or Indian tribal
government may designate to the Federal Emergency Management
Agency on an annual basis the interest of such State or Indian
tribal government in participating in the small disaster
authority.
``(4) Indication.--A State or Indian tribal government
shall indicate at the time of the submission of a request for a
major disaster declaration that such State or Indian tribal
government is requesting assistance for such incident under
this section.
``(5) Timing requirement.--The Administrator and the State
or Indian tribal government shall--
``(A) reach an agreement on the amount under
subsection (b) not later than 90 days after the
incident; or
``(B) administer the incident under the procedures
and authorities for the Public Assistance Program.
``(6) Administrative plan.--To be eligible for assistance
under this section, a State or Indian tribal government shall
have an approved administrative plan in place at the time of
the obligation of funds provided under this section.
``(d) Use of Funds.--A State or Indian tribal government receiving
a payment under this section may use such payment for recovery for the
covered small disaster in any manner determined appropriate by the
respective Governor or governing body of such State or Indian tribal
government if such funds--
``(1) address impacts and needs resulting from the declared
disaster incident;
``(2) are provided to State, Indian tribal government,
territorial and local government agencies, and private non-
profit entities eligible for Public Assistance Program funding;
and
``(3) are used in a manner that complies with applicable
environmental, historic preservation, and civil rights laws
(including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the National Historic Preservation Act
of 1966 (54 U.S.C. 300101 et seq.)) and any applicable
resiliency standards under section 203.
``(e) Compliance With Other Laws and Regulations.--A State or
Indian tribal government shall be responsible for ensuring compliance
under subsection (d)(3).
``(f) Rule of Construction.--Nothing in this section shall be
construed to affect the eligibility of a State or Indian tribal
government for assistance under section 404.
``(g) Report to FEMA.--A State or governing body of an Indian
tribal government shall submit to the Federal Emergency Management
Agency an annual report of expenses for a covered small disaster in the
area of jurisdiction of the respective State or Indian tribal
government.
``(h) Savings Clause.--Nothing in this section shall be construed
to affect any program in title IV or V that is not a Public Assistance
Program.
``(i) Definitions.--In this section:
``(1) Covered small disaster.--The term `covered small
disaster' means a major disaster declared under section 401 or
an emergency declared under section 501 with estimated damage
eligible under the Public Assistance Program of less than or
equal to 125 percent of the State's per capita indicator.
``(2) Public assistance program.--The term `Public
Assistance Program' means the programs under sections 403, 406,
407, and 502.''.
Union Calendar No. 667
118th CONGRESS
2d Session
H. R. 8728
[Report No. 118-816]
_______________________________________________________________________
A BILL
To establish alternate procedures for lump sum payments for certain
covered small disasters, and for other purposes.
_______________________________________________________________________
December 5, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed