[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 152 Enrolled Bill (ENR)]
H.R.152
One Hundred Thirteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and thirteen
An Act
Making supplemental appropriations for the fiscal year ending September
30, 2013, to improve and streamline disaster assistance for Hurricane
Sandy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2013, and for
other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
commodity assistance program
For an additional amount for ``Commodity Assistance Program'' for
the emergency food assistance program as authorized by section 27(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(a)(1)), $6,000,000: Provided, That notwithstanding any other
provisions of the Emergency Food Assistance Act of 1983, the Secretary
of Agriculture may allocate additional foods and funds for
administrative expenses from resources specifically appropriated,
transferred, or reprogrammed to restore to States resources used to
assist families and individuals displaced by Hurricane Sandy among the
States without regard to sections 204 and 214 of such Act (7 U.S.C.
7508, 7515): Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE II
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the consequences of Hurricane Sandy, $20,000,000,
to remain available until expended to conduct studies of flood and
storm damage reduction related to natural disasters: Provided, That
using $19,500,000 of the funds provided herein, the Secretary of the
Army shall conduct, at full Federal expense, a comprehensive study to
address the flood risks of vulnerable coastal populations in areas
impacted by Hurricane Sandy within the boundaries of the North Atlantic
Division of the United States Army Corps of Engineers: Provided
further, That an interim report with an assessment of authorized Corps
projects for reducing flooding and storm risks in the affected area
that have been constructed or are under construction, including
construction cost estimates, shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate not later
than March 1, 2013: Provided further, That an interim report
identifying any previously authorized but unconstructed Corps project
and any project under study by the Corps for reducing flooding and
storm damage risks in the affected area, including updated construction
cost estimates, that are, or would be, consistent with the
comprehensive study shall be submitted to the appropriate congressional
committees not later than May 1, 2013: Provided further, That a final
report shall be submitted to the appropriate congressional committees
not later than 24 months after the date of enactment of this division:
Provided further, That as a part of the study, the Secretary shall
identify those activities that warrant additional analysis by the
Corps, as well as institutional and other barriers to providing
protection to the affected coastal areas: Provided further, That the
Secretary shall conduct the study in coordination with other Federal
agencies, and State, local, and Tribal officials to ensure consistency
with other plans to be developed, as appropriate: Provided further,
That using $500,000 of the funds provided herein, the Secretary shall
conduct, at full Federal expense, an evaluation of the performance of
existing projects constructed by the Corps and damaged as a consequence
of Hurricane Sandy for the purposes of determining their effectiveness
and making recommendations for improvements to such projects: Provided
further, That the amounts in this paragraph are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That the Assistant Secretary of the Army
for Civil Works shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, beginning not later than
60 days after the date of enactment of this division.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Sandy, $9,000,000, to
remain available until expended for repairs to projects that were under
construction and damaged as a consequence of Hurricane Sandy: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days after
enactment of this division.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses related to the consequences of Hurricane Sandy,
$742,000,000, to remain available until expended to dredge Federal
navigation channels, and repair damage to Corps projects: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days after
enactment of this division.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' for necessary expenses related to the consequences of
Hurricane Sandy, $582,000,000, to remain available until expended to
support emergency operations, repairs, and other activities, as
authorized by law: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That the Assistant Secretary of the Army
for Civil Works shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, beginning not later than
60 days after enactment of this division.
TITLE III
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $10,000,000
for grants to or cooperative agreements with organizations to provide
technical assistance related to disaster recovery, response, and long
term resiliency to small businesses that are recovering from Hurricane
Sandy: Provided, That the Small Business Administration shall expedite
the delivery of assistance in disaster-affected areas: Provided
further, That the Administrator of the Small Business Administration
may waive the matching requirements under section 21(a)(4)(A) and 29(c)
of the Small Business Act for any grant made using funds made available
under this heading: Provided further, That no later than 30 days after
the date of enactment of this division, or no less than 7 days prior to
obligation of funds, whichever occurs earlier, the Administrator of the
Small Business Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds provided under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'' for
necessary expenses related to the consequences of Hurricane Sandy,
$1,000,000, to remain available until September 30, 2014: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
disaster loans program account
(including transfer of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, for necessary expenses related to the consequences of
Hurricane Sandy, $100,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That in addition, for direct administrative
expenses of loan making and servicing to carry out the direct loan
program authorized by section 7(b) of the Small Business Act in
response to Hurricane Sandy, an additional $50,000,000, to remain
available until expended, which may be transferred to and merged with
the appropriations for Salaries and Expenses: Provided further, That
such amounts are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE IV
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricane Sandy, $143,899,000, to remain available until September 30,
2014: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That notwithstanding the transfer limitation contained in
section 503 of division D of Public Law 112-74, such funding may be
transferred to other Coast Guard appropriations after notification as
required in accordance with such section: Provided further, That a
description of all facilities and property to be reconstructed and
restored, with associated costs and time lines, shall be submitted to
the Committees on Appropriations of the House of Representatives and
the Senate no later than 90 days after the date of enactment of this
division.
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for the ``Disaster Relief Fund'' for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $5,379,000,000,
to remain available until expended, of which $3,000,000 shall be
transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters: Provided,
That such amount is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That the
Administrator of the Federal Emergency Management Agency shall publish
on the Agency's website not later than 24 hours after an award of a
public assistance grant under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) that is
in excess of $1,000,000, the specifics of each such grant award:
Provided further, That for any mission assignment or mission assignment
task order to another Federal department or agency regarding a major
disaster, not later than 24 hours after the issuance of a mission
assignment or task order in excess of $1,000,000, the Administrator
shall publish on the Agency's website the following: the name of the
impacted State and the disaster declaration for such State, the
assigned agency, the assistance requested, a description of the
disaster, the total cost estimate, and the amount obligated: Provided
further, That not later than 10 days after the last day of each month
until the mission assignment or task order is completed and closed out,
the Administrator shall update any changes to the total cost estimate
and the amount obligated: Provided further, That for a disaster
declaration related to Hurricane Sandy, the Administrator shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate, not later than 5 days after the first day of each month
beginning after the date of enactment of this division, and shall
publish on the Agency's website not later than 10 days after the first
day of each such month, an estimate or actual amount, if available, for
the current fiscal year of the cost of the following categories of
spending: public assistance, individual assistance, operations,
mitigation, administrative, and any other relevant category (including
emergency measures and disaster resources): Provided further, That not
later than 10 days after the first day of each month beginning after
the date of enactment of this division, the Administrator shall publish
on the Agency's website the report (referred to as the Disaster Relief
Monthly Report) as required by Public Law 112-74.
Science and Technology
research, development, acquisition, and operations
For an additional amount for ``Research, Development, Acquisition,
and Operations'', for necessary expenses related to the consequences of
Hurricane Sandy, $585,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Domestic Nuclear Detection Office
systems acquisition
For an additional amount for ``Systems Acquisition'', for necessary
expenses related to the consequences of Hurricane Sandy, $3,869,000, to
remain available until September 30, 2014: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Provision--This Title

5bd86ec92705d46dc671bbd13e9baff642fca3bfb5d39de1d9e9435c45005d49

out activities authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) may be
used until expended to provide assistance under section 417 of that Act
to local governments in areas eligible to receive such assistance
pursuant to a major disaster declaration by the President for Hurricane
Sandy.
TITLE V
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Sandy, $49,875,000,
to remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Park Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Sandy, $234,000,000,
to remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Bureau of Safety and Environmental Enforcement
oil spill research
For an additional amount for ``Oil Spill Research'' for necessary
expenses related to the consequences of Hurricane Sandy, $3,000,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'' for disaster response and recovery, and other expenses
directly related to Hurricane Sandy, including making payments under
the Head Start Act and additional payments for distribution as provided
for under the ``Social Services Block Grant Program'', $100,000,000, to
remain available until September 30, 2014: Provided, That not less than
$25,000,000 shall be transferred to ``Children and Families Services
Programs'' for the Head Start program for the purposes provided herein:
Provided further, That not less than $25,000,000 shall be transferred
to ``Social Services Block Grant'' for the purposes provided herein:
Provided further, That not less than $2,000,000 shall be transferred to
the Department of Health and Human Services (``HHS'') ``Office of
Inspector General'' to perform oversight, accountability, and
evaluation of programs, projects, or activities supported with the
funds provided for the purposes provided herein: Provided further, That
notwithstanding any other provision of law, the distribution of any
amount shall be limited to the States of New York and New Jersey,
except that funds provided to ``Substance Abuse and Mental Health
Services Administration'' may be distributed to other States, but only
if such funds are for grants, contracts, and cooperative agreements for
behavioral health treatment, crisis counseling, and other related
helplines, and for other similar programs to provide support to
dislocated residents of New York and New Jersey: Provided further, That
none of the funds appropriated in this paragraph shall be included in
the calculation of the ``base grant'' in subsequent fiscal years, as
such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or
644(d)(3) of the Head Start Act: Provided further, That funds
appropriated in this paragraph are not subject to the allocation
requirements of section 640(a) of the Head Start Act: Provided further,
That funds appropriated in this paragraph are in addition to the
entitlement grants authorized by section 2002(a)(1) of the Social
Security Act and shall not be available for such entitlement grants:
Provided further, That funds appropriated in this paragraph may be
transferred by the Secretary of HHS (``Secretary'') to accounts within
HHS, and shall be available only for the purposes provided in this
paragraph: Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority available
in this or any other Act for fiscal year 2013: Provided further, That
15 days prior to the transfer of funds appropriated in this paragraph,
the Secretary shall notify the Committees on Appropriations of the
House of Representatives and the Senate of any such transfer and the
planned uses of the funds: Provided further, That obligations incurred
for the purposes provided herein prior to the date of enactment of this
division may be charged to funds appropriated by this paragraph:
Provided further, That funds appropriated in this paragraph and
transferred to the National Institutes of Health for the purpose of
supporting the repair or rebuilding of non-Federal biomedical or
behavioral research facilities damaged as a result of Hurricane Sandy
shall be used to award grants or contracts for such purpose under
section 404I of the Public Health Service Act: Provided further, That
section 481A(c)(2) of such Act does not apply to the use of funds
described in the preceding proviso: Provided further, That funds
appropriated in this paragraph shall not be available for costs that
are reimbursed by the Federal Emergency Management Agency, under a
contract for insurance, or by self-insurance: Provided further, That
such amounts are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
Social Security Administration
limitation on administrative expenses
(including transfer of funds)
For an additional amount for ``Limitation on Administrative
Expenses'', $2,000,000, for expenses directly related to Hurricane
Sandy, which shall be derived from the unobligated balances that remain
available under such heading for the Social Security Administration for
information technology and telecommunications hardware and software
infrastructure: Provided, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE VII
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' for necessary expenses related to the consequences of Hurricane
Sandy, $24,235,000, to remain available until September 30, 2017:
Provided, That none of the funds made available to the Army National
Guard for recovery efforts related to Hurricane Sandy in this division
shall be available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate receive
form 1391 for each specific request: Provided further, That
notwithstanding any other provision of law, such funds may be obligated
to carry out military construction projects not otherwise authorized by
law: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'' for necessary
expenses related to the consequences of Hurricane Sandy, $21,000,000,
to remain available until September 30, 2014: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
medical facilities
For an additional amount for ``Medical Facilities'' for necessary
expenses related to the consequences of Hurricane Sandy, $6,000,000, to
remain available until September 30, 2014: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Cemetery Administration
For an additional amount for ``National Cemetery Administration''
for necessary expenses related to the consequences of Hurricane Sandy,
$1,100,000: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
information technology systems
For an additional amount for ``Information Technology Systems''
for necessary expenses related to the consequences of Hurricane Sandy,
$531,000: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
construction, major projects
For an additional amount for ``Construction, Major Projects'',
$207,000,000, to remain available until September 30, 2017, for
renovations and repairs as a consequence of damage caused by Hurricane
Sandy: Provided, That none of these funds shall be available for
obligation until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed expenditure plan for funds provided under this
heading: Provided further, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out planning and
design and major medical facility construction not otherwise authorized
by law: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE VIII
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and Equipment'',
$14,600,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2013, for necessary expenses
related to the consequences of Hurricane Sandy: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
operating subsidy grants to the national railroad passenger corporation
For an additional amount for ``Operating Subsidy Grants to the
National Railroad Passenger Corporation'' for the Secretary of
Transportation to make grants to the National Railroad Passenger
Corporation for necessary expenses related to the consequences of
Hurricane Sandy, $32,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Transit Administration
public transportation emergency relief program
(including transfer of funds)
For the ``Public Transportation Emergency Relief Program'' as
authorized under section 5324 of title 49, United States Code,
$5,400,000,000, to remain available until expended, for transit systems
affected by Hurricane Sandy: Provided, That not more than
$2,000,000,000 shall be made available not later than 60 days after the
date of enactment of this division: Provided further, That the
remainder of the funds shall be made available only after the Federal
Transit Administration and the Federal Emergency Management Agency sign
the memorandum of agreement required by section 20017(b) of the Moving
Ahead for Progress in the 21st Century Act (Public Law 112-141) and the
Federal Transit Administration publishes interim regulations for the
Public Transportation Emergency Relief Program: Provided further, That
not more than three-quarters of 1 percent of the funds for public
transportation emergency relief shall be available for administrative
expenses and ongoing program management oversight as authorized under
49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other
appropriations for such purpose: Provided further, That of the funds
made available under this heading, $3,000,000 shall be transferred to
the Office of Inspector General to support the oversight of activities
under this heading: Provided further, That such amounts are designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfer of funds)
For an additional amount for ``Community Development Fund'',
$3,850,000,000, to remain available until September 30, 2017, for
necessary expenses related to disaster relief, long-term recovery,
restoration of infrastructure and housing, and economic revitalization
in the most impacted and distressed areas resulting from a major
disaster declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane
Sandy, for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided,
That funds shall be allocated directly to States and units of general
local government at the discretion of the Secretary of Housing and
Urban Development: Provided further, That within 60 days after the
enactment of this division, the Secretary shall allocate to grantees
all funds provided under this heading based on the best available data:
Provided further, That as a condition of eligibility for receipt of
such funds, a grantee shall submit a plan to the Secretary detailing
the proposed use of all funds, including criteria for eligibility and
how the use of such funds will address long-term recovery, restoration
of infrastructure and housing, and economic revitalization in the most
impacted and distressed areas: Provided further, That the Secretary
shall, by notice issued within 45 days of enactment of this division,
specify criteria for approval of plans, and, if the Secretary
determines that a plan does not meet such criteria, the Secretary shall
disapprove the plan: Provided further, That as a condition of making
any grant, the Secretary shall certify in advance that such grantee has
in place proficient financial controls and procurement processes and
has established adequate procedures to prevent any duplication of
benefits as defined by section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely
expenditure of funds, to maintain comprehensive websites regarding all
disaster recovery activities assisted with these funds, and to detect
and prevent waste, fraud, and abuse of funds: Provided further, That
funds provided under this heading may not be used for activities
reimbursable by or for which funds are made available by the Federal
Emergency Management Agency or the Army Corps of Engineers: Provided
further, That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That a grantee may use up to 5
percent of its overall allocation for administrative costs: Provided
further, That a grantee shall administer grant funds provided under
this heading in accordance with all applicable laws and regulations and
may not delegate, by contract or otherwise, the responsibility for
administering such grant funds: Provided further, That the Secretary
shall provide grantees with technical assistance on contracting and
procurement processes and shall require grantees, in contracting or
procuring these funds, to incorporate performance requirements and
penalties into any such contracts or agreements: Provided further, That
the Secretary shall require grantees to maintain on a public website
information accounting for how all grant funds are used, including
details of all contracts and ongoing procurement processes: Provided
further, That, in administering the funds under this heading, the
Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use of these
funds by a grantee (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) upon a request
by a grantee explaining why such waiver is required to facilitate the
use of such funds and pursuant to a determination by the Secretary that
good cause exists for the waiver or alternative requirement and that
such action is not inconsistent with the overall purposes of title I of
the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.) or this heading: Provided further, That, notwithstanding the
preceding proviso, recipients of funds provided under this heading that
use such funds to supplement Federal assistance provided under section
402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt,
without review or public comment, any environmental review, approval,
or permit performed by a Federal agency, and such adoption shall
satisfy the responsibilities of the recipient with respect to such
environmental review, approval or permit under section 104(g)(1) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(1)):
Provided further, That, notwithstanding section 104(g)(2) of such Act
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request
for release of funds and certification, immediately approve the release
of funds for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or permit under
the preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.): Provided further, That a waiver granted
by the Secretary may not reduce the percentage of funds that must be
used for activities that benefit persons of low and moderate income to
less than 50 percent, unless the Secretary specifically finds that
there is compelling need to further reduce the percentage requirement:
Provided further, That the Secretary shall publish in the Federal
Register any waiver or alternative requirement made by the Secretary
with respect to any statute or regulation no later than 5 days before
the effective date of such waiver or alternative requirement: Provided
further, That, of the funds made available under this heading, up to
$4,000,000 may be transferred to Program Office Salaries and Expenses,
Community Planning and Development for necessary costs, including
information technology costs, of administering and overseeing funds
made available under this heading: Provided further, That, of the funds
made available under this heading, $4,000,000 shall be transferred to
Office of the Inspector General for necessary costs of overseeing and
auditing funds made available under this heading: Provided further,
That funds provided under this heading are designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Administrative Provision--Department of Housing and Urban Development

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agency and supported by documentation as required by the Secretary of
Housing and Urban Development that demonstrates that the need for the
adjustment is due to the disaster, the Secretary may make temporary
adjustments to the Section 8 housing choice voucher annual renewal
funding allocations and administrative fee eligibility determinations
for public housing agencies in an area for which the President declared
a disaster under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.), to avoid significant
adverse funding impacts that would otherwise result from the disaster.
TITLE IX
GENERAL PROVISIONS--THIS DIVISION

ea7ef71ef4671c137c1477f43bf262d97d80d03df062fffbedf3ec40d06bd466

division is in addition to amounts otherwise appropriated for the
fiscal year involved.

cc234b6639cafca404913871c82866ea6fa8fa3a21d60de2393836dcd49b27f0

as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available only if the President subsequently so
designates all such amounts and transmits such designations to the
Congress.

ecf4342346c0f12a02350190959bfbf232b37d87308149c90934d6fe99c09b69

shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.

bd9362256d830d0f286d749cd699f4b9143f5e67c90bdf75c8d22ba23dda73eb

criteria to be established by the Director of the Office of Management
and Budget (referred to in this section as ``OMB''), each Federal
agency shall submit to OMB, the Government Accountability Office, the
respective Inspector General of each agency, and the Committees on
Appropriations of the House of Representatives and the Senate internal
control plans for funds provided by this division.
(2) Not later than June 30, 2013, the Government Accountability
Office shall review for the Committees on Appropriations of the House
of Representatives and the Senate the design of the internal control
plans required by paragraph (1).
(b) All programs and activities receiving funds under this division
shall be deemed to be ``susceptible to significant improper payments''
for purposes of the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note), notwithstanding section 2(a) of such Act.
(c) Funds for grants provided by this division shall be expended by
the grantees within the 24-month period following the agency's
obligation of funds for the grant, unless, in accordance with guidance
to be issued by the Director of OMB, the Director waives this
requirement for a particular grant program and submits a written
justification for such waiver to the Committees on Appropriations of
the House of Representatives and the Senate. In the case of such
grants, the agency shall include a term in the grant that requires the
grantee to return to the agency any funds not expended within the 24-
month period.
(d) Through September 30, 2015, the Recovery Accountability and
Transparency Board shall develop and use information technology
resources and oversight mechanisms to detect and remediate waste,
fraud, and abuse in the obligation and expenditure of funds
appropriated in this or any other Act for any fiscal year of such
period for purposes related to the impact of Hurricane Sandy: Provided,
That the Board shall coordinate its oversight efforts with the Director
of OMB, the head of each Federal agency receiving appropriations
related to the impact of Hurricane Sandy, and the respective Inspector
General of each such agency: Provided further, That the Board shall
submit quarterly reports to the Committees on Appropriations of the
House of Representatives and the Senate on its activities related to
funds appropriated for the impact of Hurricane Sandy.
TITLE X
ADDITIONAL DISASTER ASSISTANCE
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
emergency conservation activities
(including transfer of funds)
For an additional amount, to remain available until expended, for
the Emergency Conservation Program under title IV of the Agriculture
Credit Act of 1978 (16 U.S.C. 2201 et seq.) for necessary expenses
related to the consequences of Hurricane Sandy and resulting from a
major disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$218,000,000, of which $15,000,000 shall be available for payments
under sections 401 and 402 of the Agriculture Credit Act of 1978 (16
U.S.C. 2201, 2202), $180,000,000 shall be available for activities
under section 403 of such Act (Emergency Watershed Protection Program;
16 U.S.C. 2203), and $23,000,000 shall be available for activities
under section 407 of such Act (Emergency Forest Restoration Program; 16
U.S.C. 2206): Provided, That the Secretary of Agriculture shall
transfer these funds to the Farm Service Agency and the Natural
Resources Conservation Service:  Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS CHAPTER

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agency and supported by documentation as required by the Secretary of
Housing and Urban Development that demonstrates that the need for the
adjustment is due to the disaster, the Secretary may make temporary
adjustments to the section 8 housing choice voucher annual renewal
funding allocations and administrative fee eligibility determinations
for public housing agencies in an area for which the President declared
a disaster during such fiscal year under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.), to avoid significant adverse funding impacts that would
otherwise result from the disaster.

897b6772750d5d8eb05a5b790224f38d9e9baa3a557c4188f90a7f327803cbf6

Development shall submit to the Committees on Appropriations of the
House of Representatives and the Senate within 45 days after the date
of the enactment of this division a plan for implementing the
provisions in this chapter, and updates to such plan on a biannual
basis thereafter.

6b24285e51686dd28e477e6e79050ee4cf5e05c88a48c1f247dc013b5c96fd62

Department of Transportation or the Department of Housing and Urban
Development may be used to make a grant unless the Secretary of such
Department notifies the Committees on Appropriations of the House of
Representatives and the Senate not less than 3 full business days
before any project, State or locality is selected to receive a grant
award totaling $1,000,000 or more is announced by either Department or
a modal administration.

39d59d33c7329a1295971bd46fa8fe642d44590904269616ce33020fc9569398

division, and such title shall have no force or effect.

bcbe869f9fc3c30173a5c7bd0bb142326d4b43735e43827e2fca17fe702ae361

revised by reducing the amount made available for ``Small Business
Administration--Disaster Loans Program Account'' for administrative
expenses to carry out the direct loan program authorized by section
7(b) of the Small Business Act (and within such amount, the amount made
available for direct administrative expenses of loan making and
servicing to carry out such program), and increasing the amount made
available for ``Department of Veterans Affairs--National Cemetery
Administration'', by $1,000,000.

b00cb1f35e3aac2ec2d6a01cd7c127fa70b172d44980bec2dc448c287f2799e5

used for land acquisition by the Secretary of the Interior or the
Secretary of Agriculture.
This division may be cited as the ``Disaster Relief Appropriations
Act, 2013''.

4cd988bbaed266e49c88bd010ad5853cbf46b7af7466cf7ab18ad8059226004a

(a) Short Title.--This division may be cited as the ``Sandy
Recovery Improvement Act of 2013''.
(b) Table of Contents.--The table of contents for this division is
as follows:

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4cd85dfeb0c1e025e473412b2114db6c965d06f099aa81daba95f5010a4a0086

Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) by redesignating the second section 425 (relating to
essential service providers) as section 427; and
(2) by adding at the end the following:
``SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.
``(a) Approval of Projects.--The President, acting through the
Administrator of the Federal Emergency Management Agency, may approve
projects under the alternative procedures adopted under this section
for any major disaster or emergency declared on or after the date of
enactment of this section. The Administrator may also apply the
alternate procedures adopted under this section to a major disaster or
emergency declared before enactment of this Act for which construction
has not begun as of the date of enactment of this Act.
``(b) Adoption.--The Administrator, in coordination with States,
tribal and local governments, and owners or operators of private
nonprofit facilities, may adopt alternative procedures to administer
assistance provided under sections 403(a)(3)(A), 406, 407, and
502(a)(5).
``(c) Goals of Procedures.--The alternative procedures adopted
under subsection (a) shall further the goals of--
``(1) reducing the costs to the Federal Government of providing
such assistance;
``(2) increasing flexibility in the administration of such
assistance;
``(3) expediting the provision of such assistance to a State,
tribal or local government, or owner or operator of a private
nonprofit facility; and
``(4) providing financial incentives and disincentives for a
State, tribal or local government, or owner or operator of a
private nonprofit facility for the timely and cost-effective
completion of projects with such assistance.
``(d) Participation.--Participation in the alternative procedures
adopted under this section shall be at the election of a State, tribal
or local government, or owner or operator of a private nonprofit
facility consistent with procedures determined by the Administrator.
``(e) Minimum Procedures.--The alternative procedures adopted under
this section shall include the following:
``(1) For repair, restoration, and replacement of damaged
facilities under section 406--
``(A) making grants on the basis of fixed estimates, if the
State, tribal or local government, or owner or operator of the
private nonprofit facility agrees to be responsible for any
actual costs that exceed the estimate;
``(B) providing an option for a State, tribal or local
government, or owner or operator of a private nonprofit
facility to elect to receive an in-lieu contribution, without
reduction, on the basis of estimates of--
``(i) the cost of repair, restoration, reconstruction,
or replacement of a public facility owned or controlled by
the State, tribal or local government or owner or operator
of a private nonprofit facility; and
``(ii) management expenses;
``(C) consolidating, to the extent determined appropriate
by the Administrator, the facilities of a State, tribal or
local government, or owner or operator of a private nonprofit
facility as a single project based upon the estimates adopted
under the procedures;
``(D) if the actual costs of a project completed under the
procedures are less than the estimated costs thereof, the
Administrator may permit a grantee or subgrantee to use all or
part of the excess funds for--
``(i) cost-effective activities that reduce the risk of
future damage, hardship, or suffering from a major
disaster; and
``(ii) other activities to improve future Public
Assistance operations or planning;
``(E) in determining eligible costs under section 406, the
Administrator shall make available, at an applicant's request
and where the Administrator or the certified cost estimate
prepared by the applicant's professionally licensed engineers
has estimated an eligible Federal share for a project of at
least $5,000,000, an independent expert panel to validate the
estimated eligible cost consistent with applicable regulations
and policies implementing this section; and
``(F) in determining eligible costs under section 406, the
Administrator shall, at the applicant's request, consider
properly conducted and certified cost estimates prepared by
professionally licensed engineers (mutually agreed upon by the
Administrator and the applicant), to the extent that such
estimates comply with applicable regulations, policy, and
guidance.
``(2) For debris removal under sections 403(a)(3)(A), 407, and
502(a)(5)--
``(A) making grants on the basis of fixed estimates to
provide financial incentives and disincentives for the timely
or cost-effective completion if the State, tribal or local
government, or owner or operator of the private nonprofit
facility agrees to be responsible to pay for any actual costs
that exceed the estimate;
``(B) using a sliding scale for determining the Federal
share for removal of debris and wreckage based on the time it
takes to complete debris and wreckage removal;
``(C) allowing use of program income from recycled debris
without offset to the grant amount;
``(D) reimbursing base and overtime wages for employees and
extra hires of a State, tribal or local government, or owner or
operator of a private nonprofit facility performing or
administering debris and wreckage removal;
``(E) providing incentives to a State or tribal or local
government to have a debris management plan approved by the
Administrator and have pre-qualified 1 or more debris and
wreckage removal contractors before the date of declaration of
the major disaster; and
``(F) if the actual costs of projects under subparagraph
(A) are less than the estimated costs of the project, the
Administrator may permit a grantee or subgrantee to use all or
part of the excess funds for--
``(i) debris management planning;
``(ii) acquisition of debris management equipment for
current or future use; and
``(iii) other activities to improve future debris
removal operations, as determined by the Administrator.
``(f) Waiver Authority.--Until such time as the Administrator
promulgates regulations to implement this section, the Administrator
may--
``(1) waive notice and comment rulemaking, if the Administrator
determines the waiver is necessary to expeditiously implement this
section; and
``(2) carry out the alternative procedures under this section
as a pilot program.
``(g) Overtime Payments.--The guidelines for reimbursement for
costs under subsection (e)(2)(D) shall ensure that no State or local
government is denied reimbursement for overtime payments that are
required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.).
``(h) Report.--
``(1) In general.--Not earlier than 3 years, and not later than
5 years, after the date of enactment of this section, the Inspector
General of the Department of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the alternative procedures
for the repair, restoration, and replacement of damaged facilities
under section 406 authorized under this section.
``(2) Contents.--The report shall contain an assessment of the
effectiveness of the alternative procedures, including--
``(A) whether the alternative procedures helped to improve
the general speed of disaster recovery;
``(B) the accuracy of the estimates relied upon;
``(C) whether the financial incentives and disincentives
were effective;
``(D) whether the alternative procedures were cost
effective;
``(E) whether the independent expert panel described in
subsection (e)(1)(E) was effective; and
``(F) recommendations for whether the alternative
procedures should be continued and any recommendations for
changes to the alternative procedures.''.

5c53e3cbe1700c5d309b106d34297ff99a18ceb955521afd71de594a674c422d

Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively;
(2) by inserting after clause (i) the following:
``(ii) Lease and repair of rental units for temporary
housing.--
``(I) In general.--The President, to the extent the
President determines it would be a cost-effective
alternative to other temporary housing options, may--
``(aa) enter into lease agreements with owners
of multifamily rental property located in areas
covered by a major disaster declaration to house
individuals and households eligible for assistance
under this section; and
``(bb) make repairs or improvements to
properties under such lease agreements, to the
extent necessary to serve as safe and adequate
temporary housing.
``(II) Improvements or repairs.--Under the terms of
any lease agreement for property entered into under
this subsection, the value of the improvements or
repairs--
``(aa) shall be deducted from the value of the
lease agreement; and
``(bb) may not exceed the value of the lease
agreement.''; and
(3) in clause (iv) (as so redesignated) by striking ``clause
(ii)'' and inserting ``clause (iii)''.

0837a7454727deef20cb29d57ce7c137dc7c8759f42b5885a41024f11ca66650

(a) Streamlined Procedures; Advance Assistance.--Section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c) is amended by adding at the end the following:
``(d) Streamlined Procedures.--
``(1) In general.--For the purpose of providing assistance
under this section, the President shall ensure that--
``(A) adequate resources are devoted to ensure that
applicable environmental reviews under the National
Environmental Policy Act of 1969 and historic preservation
reviews under the National Historic Preservation Act are
completed on an expeditious basis; and
``(B) the shortest existing applicable process under the
National Environmental Policy Act of 1969 and the National
Historic Preservation Act is utilized.
``(2) Authority for other expedited procedures.--The President
may utilize expedited procedures in addition to those required
under paragraph (1) for the purpose of providing assistance under
this section, such as procedures under the Prototype Programmatic
Agreement of the Federal Emergency Management Agency, for the
consideration of multiple structures as a group and for an analysis
of the cost-effectiveness and fulfillment of cost-share
requirements for proposed hazard mitigation measures.
``(e) Advance Assistance.--The President may provide not more than
25 percent of the amount of the estimated cost of hazard mitigation
measures to a State grantee eligible for a grant under this section
before eligible costs are incurred.''.
(b) Establishment of Criteria Relating to Administration of Hazard
Mitigation Assistance by States.--Section 404(c)(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(c)(2)) is amended by inserting after ``applications submitted
under paragraph (1).'' the following: ``Until such time as the
Administrator promulgates regulations to implement this paragraph, the
Administrator may waive notice and comment rulemaking, if the
Administrator determines doing so is necessary to expeditiously
implement this section, and may carry out this section as a pilot
program.''.
(c) Applicability.--The authority under the amendments made by this
section shall apply to--
(1) any major disaster or emergency declared under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) on or after the date of enactment of this division;
and
(2) a major disaster or emergency declared under that Act
before the date of enactment of this division for which the period
for processing requests for assistance has not ended as of the date
of enactment of this division.

01baf33000eeb7e4031cd21564c75ed9682ca3a7eff93ea601c8bd6b422443e1

(a) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Eligible assistance.--The term ``eligible assistance''
means assistance--
(A) under section 403, 406, or 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173);
(B) for which the legitimate amount in dispute is not less
than $1,000,000, which sum the Administrator shall adjust
annually to reflect changes in the Consumer Price Index for all
Urban Consumers published by the Department of Labor;
(C) for which the applicant has a non-Federal share; and
(D) for which the applicant has received a decision on a
first appeal.
(b) Procedures.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, and in order to facilitate an efficient
recovery from major disasters, the Administrator shall establish
procedures under which an applicant may request the use of
alternative dispute resolution, including arbitration by an
independent review panel, to resolve disputes relating to eligible
assistance.
(2) Binding effect.--A decision by an independent review panel
under this section shall be binding upon the parties to the
dispute.
(3) Considerations.--The procedures established under this
section shall--
(A) allow a party of a dispute relating to eligible
assistance to request an independent review panel for the
review;
(B) require a party requesting an independent review panel
as described in subparagraph (A) to agree to forgo rights to
any further appeal of the dispute relating to any eligible
assistance;
(C) require that the sponsor of an independent review panel
for any alternative dispute resolution under this section be--
(i) an individual or entity unaffiliated with the
dispute (which may include a Federal agency, an
administrative law judge, or a reemployed annuitant who was
an employee of the Federal Government) selected by the
Administrator; and
(ii) responsible for identifying and maintaining an
adequate number of independent experts qualified to review
and resolve disputes under this section;
(D) require an independent review panel to--
(i) resolve any remaining disputed issue in accordance
with all applicable laws, regulations, and Agency
interpretations of those laws through its published
policies and guidance;
(ii) consider only evidence contained in the
administrative record, as it existed at the time at which
the Agency made its initial decision;
(iii) only set aside a decision of the Agency found to
be arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law; and
(iv) in the case of a finding of material fact adverse
to the claimant made on first appeal, only set aside or
reverse such finding if the finding is clearly erroneous;
(E) require an independent review panel to expeditiously
issue a written decision for any alternative dispute resolution
under this section; and
(F) direct that if an independent review panel for any
alternative dispute resolution under this section determines
that the basis upon which a party submits a request for
alternative dispute resolution is frivolous, the independent
review panel shall direct the party to pay the reasonable costs
to the Federal Emergency Management Agency relating to the
review by the independent review panel. Any funds received by
the Federal Emergency Management Agency under the authority of
this section shall be deposited to the credit of the
appropriation or appropriations available for the eligible
assistance in dispute on the date on which the funds are
received.
(c) Sunset.--A request for review by an independent review panel
under this section may not be made after December 31, 2015.
(d) Report.--
(1) In general.--Not later than 270 days after the termination
of authority under this section under subsection (c), the
Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report analyzing the effectiveness
of the program under this section.
(2) Contents.--The report submitted under paragraph (1) shall
include--
(A) a determination of the availability of data required to
complete the report;
(B) an assessment of the effectiveness of the program under
this section, including an assessment of whether the program
expedited or delayed the disaster recovery process;
(C) an assessment of whether the program increased or
decreased costs to administer section 403, 406, or 407 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act;
(D) an assessment of the procedures and safeguards that the
independent review panels established to ensure objectivity and
accuracy, and the extent to which they followed those
procedures and safeguards;
(E) a recommendation as to whether any aspect of the
program under this section should be made a permanent
authority; and
(F) recommendations for any modifications to the authority
or the administration of the authority under this section in
order to improve the disaster recovery process.

bb33a60a29698e731ee5c7b7d8a6a38d9a294202002c4ca07809096984ff87f9

Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as amended by this division) is further amended by
adding at the end the following:
``SEC. 429. UNIFIED FEDERAL REVIEW.
``(a) In General.--Not later than 18 months after the date of
enactment of this section, and in consultation with the Council on
Environmental Quality and the Advisory Council on Historic
Preservation, the President shall establish an expedited and unified
interagency review process to ensure compliance with environmental and
historic requirements under Federal law relating to disaster recovery
projects, in order to expedite the recovery process, consistent with
applicable law.
``(b) Contents.--The review process established under this section
shall include mechanisms to expeditiously address delays that may occur
during the recovery from a major disaster and be updated, as
appropriate, consistent with applicable law.''.

1611197b5353802d9306551fde13b5fd3d8c96f7f3f0114e63b80d7b97591e54

Section 422 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189) is amended--
(1) by striking ``If the Federal estimate'' and inserting ``(a)
In General.--If the Federal estimate'';
(2) by inserting ``(or, if the Administrator has established a
threshold under subsection (b), the amount established under
subsection (b))'' after ``$35,000'' the first place it appears;
(3) by inserting ``or, if applicable, the amount established
under subsection (b),'' after ``$35,000 amount'' the second place
it appears; and
(4) by adding at the end the following:
``(b) Threshold.--
``(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the President, acting through the
Administrator of the Federal Emergency Management Agency (in this
section referred to as the `Administrator'), shall--
``(A) complete an analysis to determine whether an increase
in the threshold for eligibility under subsection (a) is
appropriate, which shall include consideration of cost-
effectiveness, speed of recovery, capacity of grantees, past
performance, and accountability measures; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report regarding the analysis conducted under
subparagraph (A).
``(2) Amount.--After the Administrator submits the report
required under paragraph (1), the President shall direct the
Administrator to--
``(A) immediately establish a threshold for eligibility
under this section in an appropriate amount, without regard to
chapter 5 of title 5, United States Code; and
``(B) adjust the threshold annually to reflect changes in
the Consumer Price Index for all Urban Consumers published by
the Department of Labor.
``(3) Review.--Not later than 3 years after the date on which
the Administrator establishes a threshold under paragraph (2), and
every 3 years thereafter, the President, acting through the
Administrator, shall review the threshold for eligibility under
this section.''.

7176e395545cbb60f9c06606cf33cdaeff02353c62321cb6ef28df936caa85cf

(a) Other Needs Assistance.--Section 408(e)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(e)(1)) is amended--
(1) in the paragraph heading by inserting ``child care,'' after
``dental,''; and
(2) by inserting ``child care,'' after ``dental,''.
(b) Salaries and Benefits.--Section 403 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is
amended by adding at the end the following:
``(d) Salaries and Benefits.--
``(1) In general.--If the President declares a major disaster
or emergency for an area within the jurisdiction of a State,
tribal, or local government, the President may reimburse the State,
tribal, or local government for costs relating to--
``(A) basic pay and benefits for permanent employees of the
State, tribal, or local government conducting emergency
protective measures under this section, if--
``(i) the work is not typically performed by the
employees; and
``(ii) the type of work may otherwise be carried out by
contract or agreement with private organizations, firms, or
individuals.; or
``(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local government
conducting emergency protective measures under this section.
``(2) Overtime.--The guidelines for reimbursement for costs
under paragraph (1) shall ensure that no State, tribal, or local
government is denied reimbursement for overtime payments that are
required pursuant to the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(3) No effect on mutual aid pacts.--Nothing in this
subsection shall affect the ability of the President to reimburse
labor force expenses provided pursuant to an authorized mutual aid
pact.''.

7bd9f01367647e1c1046021c6137616fa91b16c59b22af305488bdf6ada17c6c

In order to provide more objective criteria for evaluating the need
for assistance to individuals, to clarify the threshold for eligibility
and to speed a declaration of a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), not later than 1 year after the date of enactment
of this division, the Administrator of the Federal Emergency Management
Agency, in cooperation with representatives of State, tribal, and local
emergency management agencies, shall review, update, and revise through
rulemaking the factors considered under section 206.48 of title 44,
Code of Federal Regulations (including section 206.48(b)(2) of such
title relating to trauma and the specific conditions or losses that
contribute to trauma), to measure the severity, magnitude, and impact
of a disaster.

4baf6d19d7cbf7d8af9ea8658e4da451f38c2720ffa412a6f1556ab21766c3b7

DECLARATION UNDER THE STAFFORD ACT.
(a) Major Disaster Requests.--Section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is
amended--
(1) by striking ``All requests for a declaration'' and
inserting ``(a) In General.--All requests for a declaration''; and
(2) by adding at the end the following:
``(b) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by the
President that a major disaster exists consistent with the
requirements of subsection (a).
``(2) References.--In implementing assistance authorized by the
President under this Act in response to a request of the Chief
Executive of an affected Indian tribal government for a major
disaster declaration, any reference in this title or title III
(except sections 310 and 326) to a State or the Governor of a State
is deemed to refer to an affected Indian tribal government or the
Chief Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President at the
request of a State under subsection (a) if the President does not
make a declaration under this subsection for the same incident.
``(c) Cost Share Adjustments for Indian Tribal Governments.--
``(1) In general.--In providing assistance to an Indian tribal
government under this title, the President may waive or adjust any
payment of a non-Federal contribution with respect to the
assistance if--
``(A) the President has the authority to waive or adjust
the payment under another provision of this title; and
``(B) the President determines that the waiver or
adjustment is necessary and appropriate.
``(2) Criteria for making determinations.--The President shall
establish criteria for making determinations under paragraph
(1)(B).''.
(b) Emergency Requests.--Section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is
amended by adding at the end the following:
``(c) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by the
President that an emergency exists consistent with the requirements
of subsection (a).
``(2) References.--In implementing assistance authorized by the
President under this title in response to a request of the Chief
Executive of an affected Indian tribal government for an emergency
declaration, any reference in this title or title III (except
sections 310 and 326) to a State or the Governor of a State is
deemed to refer to an affected Indian tribal government or the
Chief Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President at the
request of a State under subsection (a) if the President does not
make a declaration under this subsection for the same incident.''.
(c) Definitions.--Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (7)(B) by striking ``; and'' and inserting ``,
that is not an Indian tribal government as defined in paragraph
(6); and'';
(2) by redesignating paragraphs (6) through (10) as paragraphs
(7) through (11), respectively;
(3) by inserting after paragraph (5) the following:
``(6) Indian tribal government.--The term `Indian tribal
government' means the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist as an Indian tribe
under the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a et seq.).''; and
(4) by adding at the end the following:
``(12) Chief executive.--The term `Chief Executive' means the
person who is the Chief, Chairman, Governor, President, or similar
executive official of an Indian tribal government.''.
(d) References.--Title I of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by
adding after section 102 the following:
``SEC. 103. REFERENCES.
``Except as otherwise specifically provided, any reference in this
Act to `State and local', `State or local', `State, and local', `State,
or local', or `State, local' (including plurals) with respect to
governments or officials and any reference to a `local government' in
sections 406(d)(3) and 417 is deemed to refer also to Indian tribal
governments and officials, as appropriate.''.
(e) Regulations.--
(1) Issuance.--The President shall issue regulations to carry
out the amendments made by this section.
(2) Factors.--In issuing the regulations, the President shall
consider the unique conditions that affect the general welfare of
Indian tribal governments.

429962dac578b0a23bc80fc3f5d08da5abed236e91943c55f865c2e23387670a

(a) Report to Congress.--Not later than 180 days after the date of
enactment of this division, the Administrator of the Federal Emergency
Management Agency shall submit to Congress recommendations for the
development of a national strategy for reducing future costs, loss of
life, and injuries associated with extreme disaster events in
vulnerable areas of the United States.
(b) National Strategy.--The national strategy should--
(1) respect the constitutional role and responsibilities of
Federal, State, and local governments and the private sector;
(2) consider the vulnerability of the United States to damage
from flooding, severe weather events, and other hazards;
(3) analyze gaps and duplication of emergency preparedness,
response, recovery, and mitigation measures provided by Federal,
State, and local entities; and
(4) include recommendations on how to improve the resiliency of
local communities and States for the purpose of lowering future
costs of disaster response and recovery.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

bb6b43f9ad70e6b117d75894d1bb551a00ea04f04115b6b8663a3a4a6b79137d

Hurricane Sandy relief bill

Making supplemental appropriations for the fiscal
year ending September 30, 2013, to improve and
streamline disaster assistance for Hurricane
Sandy, and for other purposes.

Hurricane Sandy relief bill — HR. 152

Other Sections

DIVISION A

DIVISION B

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