United States 118th Congress Status: Introduced Bipartisan · 2 R · 2 D · 1 I cosponsors

HR 8728 — State-Managed Disaster Relief Act

Last action — Placed on the Union Calendar, Calendar No. 667.

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

In plain language

The bill allows lump sum payments for certain small disasters managed by states or tribal governments.

This bill establishes alternate procedures enabling state governors or tribal governments to request lump sum payments for recovery from small disasters. It specifies an 80% payment based on estimated disaster costs and outlines compliance requirements.

Summary

To establish alternate procedures for lump sum payments for certain covered small disasters, and for other purposes.

Bill Text

What changed in the latest version

79 added · 18 removed

Plain-language change summary

The amendment to H.R. 8728 specifies that payments for assistance under the Public Assistance Program for a covered small disaster will be set at 80 percent of the total estimated cost, rather than estimated damages. Additionally, it clarifies that final payments cannot be adjusted based on actual costs, but allows for some adjustments made by the Administrator. This change affects how financial assistance is calculated and provided to state or tribal governments following small disasters.

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Latest
8728 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H.
8728 Reported in House (RH)] <DOC> Union Calendar No.
667 118th CONGRESS 2d Session H.
8728 To establish alternate procedures for lump sum payments for certain covered small disasters, and for other purposes.
8728 [Report No.
118-816] To establish alternate procedures for lump sum payments for certain covered small disasters, and for other purposes.
which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To establish alternate procedures for lump sum payments for certain covered small disasters, and for other purposes.
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.
5121 et seq.) is amended by adding at the end the following:
5121 et.
seq) is amended by adding at the end the following:
``(b) Calculation.--A payment under subsection (a) shall be equal to the amount that is 80 percent of the estimated damage eligible 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.
``(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.
``(2) Final payment.--A payment under this section may not be increased or decreased based on actual costs calculated for a covered small disaster.
``(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.
``(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.
``(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.
``(e) Report to FEMA.--A State or governing body of an Indian tribal government shall submit to the Federal Emergency Management Agency a report of expenses for a covered small disaster in the area of jurisdiction of the respective State or Indian tribal government.
``(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.
``(f) 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.
``(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.
``(g) Definitions.--In 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;
``(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 $10,000,000.
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.
<all>
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
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What Congress says this changes

H. Rept. 118-816

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting. 

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

 * * * * * * *
 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.

Source: H. Rept. 118-816 · govinfo

How this bill changes current law

1 change Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces alternative procedures for lump sum payments in cases of covered small disasters under the Stafford Act.

  • 42 U.S.C. 5121 et. seq

    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.

    This establishes a new title and a framework for states to request lump sum payments in lieu of traditional assistance for specific small disasters, detailing criteria and procedures for such requests.

Action History

  1. Placed on the Union Calendar, Calendar No. 667.

  2. Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 118-816.

  3. Ordered to be Reported in the Nature of a Substitute by Voice Vote.

  4. Committee Consideration and Mark-up Session Held

  5. Subcommittee on Economic Development, Public Buildings, and Emergency Management Discharged

  6. Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.

  7. Referred to the House Committee on Transportation and Infrastructure.

  8. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 542 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (542)

542 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety environment
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Frequently asked questions

What does HR 8728 do?
To establish alternate procedures for lump sum payments for certain covered small disasters, and for other purposes.
Who sponsors HR 8728?
HR 8728 is sponsored by Graves, Garret (Republican), Moskowitz, Jared (Democratic), Moylan, James C. (Republican), Carter, Troy A. (Democratic), and Kiley, Kevin (Independent).
What is the current status of HR 8728?
This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 8728?
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