HR-2342 : Still Just a Bill

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The "State-Managed Disaster Relief Act" (H.R. 2342) amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish alternative procedures for lump sum payments for certain covered small disasters. Key provisions include:

• Lump Sum Payment Option: Allows the Governor of a State or the governing body of an Indian tribal government to request a lump sum payment for a covered small disaster in lieu of assistance under the Public Assistance Program.
• Payment Calculation: The lump sum payment will be equal to 80% of the total estimated cost of assistance under the Public Assistance Program for the disaster.
• Limitations:
  • States or Indian tribal governments receiving a lump sum payment cannot receive additional assistance under the Public Assistance Program for the same disaster.
  • The lump sum payment generally cannot be increased or decreased based on actual costs, except in the event of unforeseen circumstances.
  • States or Indian tribal governments must opt-in on an annual basis to participate in the small disaster authority.
  • States or Indian tribal governments must indicate their intention to request assistance under this section when submitting a request for a major disaster declaration.
  • Agreements on payment amounts must be reached within 90 days of the incident.
  • States or Indian tribal governments must have an approved administrative plan in place at the time of the obligation of funds.
• Use of Funds: States or Indian tribal governments can use the funds for disaster recovery in any manner they deem appropriate, as long as the funds:
  • Address impacts and needs resulting from the declared disaster.
  • Are provided to eligible State, local, and non-profit entities.
  • Comply with applicable environmental, historic preservation, and civil rights laws.
• Reporting Requirement: States or Indian tribal governments must submit an annual report of expenses to FEMA.
• Covered Small Disaster Definition: A major disaster or emergency with estimated damage eligible under the Public Assistance Program of less than or equal to 125% of the State's per capita indicator.

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