Bill 113-HR-152 — Domestic Commerce / Disaster Relief
Subject: Emergency management

(This measure has not been amended since it was passed by the House on January 15, 2013. The summary of that version is repeated here.)

Division A: Disaster Relief Appropriations Act, 2013 - Disaster Relief Appropriations Act, 2013 - Makes supplemental appropriations for FY2013 to specified federal agencies and programs for expenses related to the consequences of Hurricane Sandy.

Title I: Department of Agriculture - Makes supplemental appropriations to the Department of Agriculture (USDA) for the Commodity Assistance Program, for the emergency food assistance program.

Title II: Department of the Army (as modified by section 1041) - Makes supplemental appropriations to the Corps of Engineers--Civil for investigations, to expedite at full federal expense studies of flood and storm damage reduction, including: (1) ongoing flood and storm damage reduction studies in impacted areas in the North Atlantic Division of the Corps, (2) a comprehensive study to address the flood risks of vulnerable coastal populations in affected areas within the boundaries of that Division, and (3) an evaluation of the performance of existing projects constructed by the Corps that were damaged, for purposes of determining their effectiveness and making recommendations.

Makes supplemental appropriations to the Corps for construction to rehabilitate, repair, and construct Corps projects, including funds to reduce future flood risk in ways that will support the long-term sustainability of the coastal ecosystem and communities and reduce the economic costs and risks associated with large-scale flood and storm events in affected areas along the Atlantic Coast within the boundaries of such Division. Requires ongoing construction projects receiving funds under this Act to be completed be at full federal expense.

Makes supplemental appropriations to the Corps for: (1) operations and maintenance, to dredge federal navigation channels and repair damage to Corps projects; (2) flood control and coastal emergencies, to prepare for flood, hurricane, and other natural disasters and to support emergency operations, repairs, and other authorized activities; and (3) expenses to oversee emergency response and recovery activities.

Title III: Small Business Administration - Makes supplemental appropriations to the Small Business Administration (SBA) for: (1) salaries and expenses 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; (2) the Office of Inspector General; and (3) the Disaster Loans Program Account.

Title IV: Department of Homeland Security - Makes supplemental appropriations to the Department of Homeland Security (DHS) for: (1) the Coast Guard for acquisition, construction, and improvements; (2) the Federal Emergency Management Agency (FEMA) for the Disaster Relief Fund; (3) science and technology for research, development, acquisition, and operations; and (4) the Domestic Nuclear Detection Office.

Title V: Department of the Interior - Makes supplemental appropriations to the Department of the Interior for: (1) the Fish and Wildlife Service and the National Park Service for construction, and (2) the Bureau of Safety and Environmental Enforcement for oil spill research.

Title VI: Department of Health and Human Services - Makes supplemental appropriations to: (1) the Department of Health and Human Services (HHS) for the Public Health and Social Services Emergency Fund, including for making payments under the Head Start Act and for additional payments under the Social Services Block Grant program; and (2) the Social Security Administration for administrative expenses.

Title VII: Department of Defense - Makes supplemental appropriations to: (1) the Department of Defense (DOD) for military construction for the Army National Guard; and (2) the Department of Veterans Affairs (VA) for the Veterans Health Administration for medical services and medical facilities, the National Cemetery Administration, and departmental administration for information technology systems and major construction projects.

Title VIII: Department of Transportation (as modified by section 1094) - Makes supplemental appropriations to the Department of Transportation (DOT) for: (1) the Federal Aviation Administration (FAA) for facilities and equipment; and (2) the Federal Highway Administration for the Emergency Relief Program. Limits obligations for projects resulting from a single natural disaster or a single catastrophic failure in a state to $100 million, but authorizes the Secretary of Transportation to obligate up to $500 million for a single natural disaster event in a state for emergency relief projects arising from damage caused in 2012. Makes supplemental appropriations to: (1) the Federal Railroad Administration for grants to the National Railroad Passenger Corporation to advance capital projects that address Northeast Corridor infrastructure recovery and resiliency in the affected areas, and (2) the Federal Transit Administration for the Public Transportation Emergency Relief Program.

Makes supplemental appropriations to the Department of Housing and Urban Development (HUD) for the Community Development Fund 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 due to eligible events in calendar years 2011, 2012, and 2013.

(Sec. 1091) Authorizes the HUD Secretary, upon request, to 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 major disaster to avoid significant adverse funding impacts that would otherwise result.

(Sec. 1092) Requires DOT and HUD to submit to the the House and Senate Appropriations Committees a plan for implementing this Title and updates to such plan on a biannual basis.

(Sec. 1093) Prohibits funds provided in this Title to DOT or HUD from being used to make a grant unless the applicable Secretary notifies the Appropriations Committees not less than 3 full business days before any project, state, or locality is selected to receive a grant award totaling $1 million or more.

(Sec. 1096) Prohibits funds provided in this Division from being used for land acquisition by the Secretary of the Interior or the Secretary of Agriculture.

Title IX: General Provisions--This Division - (Sec. 904) Requires each federal agency to submit to the Office of Management and Budget (OMB), the General Accountability Office (GAO), the respective Inspector General, and the House and Senate Appropriations Committees by March 31, 2013, internal control plans for funds provided by this Division. Requires GAO to review the design of such plans.

Requires the Recovery Accountability and Transparency Board, through FY2015, to 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 for purposes related to the impact of Hurricane Sandy.

Title X: Additional Disaster Assistance - Chapter 1: Department of Agriculture - Makes additional supplemental appropriations to USDA for the Emergency Conservation Program.

(Sec. 1011) Directs USDA's Office of Inspector General to use unobligated disaster assistance oversight funds provided under the Disaster Relief and Recovery Supplemental Appropriations Act, 2008 for continued oversight of USDA disaster- and emergency-related activities.

Chapter 2: Department of Commerce - Makes supplemental appropriations to the Department of Commerce for the National Oceanic and Atmospheric Administration (NOAA) for: (1) operations, research, and facilities for various purposes, including to improve weather forecasting and hurricane intensity forecasting capabilities and for expenses related to fishery disasters; and (2) procurement, acquisition, and construction.

Makes supplemental appropriations to the Department of Justice (DOJ) for the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Prison System.

Makes supplemental appropriations for: (1) the National Aeronautics and Space Administration (NASA) for repairs at damaged facilities; and (2) payment to the Legal Services Corporation.

Chapter 3: Department of Defense - Makes additional supplemental appropriations to DOD for: (1) operation and maintenance for the Army, Navy, Air Force, Army National Guard, and Air National Guard; (2) procurement of ammunition for the Army; and (3) Defense Working Capital Funds.

Chapter 4: Department of the Army - Replaces provisions of Title II, as reflected in the summary of that Title.

(Sec. 1041) Declares that this Chapter shall apply in place of Title II, which shall have no force or effect.

Chapter 5 - Makes supplemental appropriations to: (1) the General Services Administration (GSA) for the Federal Buildings Fund, and (2) the SBA for the Office of Inspector General and the Disaster Loans Program Account. Reduces the amount appropriated to the SBA under Title III for salaries and expenses. Declares that the supplemental appropriations for the SBA Office of Inspector General and the Disaster Loans Program Account under this Chapter shall apply in place of the supplemental appropriations for such Office and Account under Title III.

Chapter 6: Department of Homeland Security - Makes additional supplemental appropriations to DHS for: (1) U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE), and the U.S. Secret Service for salaries and expenses; and (2) FEMA for the Disaster Relief Fund and the Disaster Assistance Direct Loan Program Account; and (3) science and technology for research, development, acquisition, and operations. Reduces the amount appropriated to the Coast Guard under Title IV for acquisition, construction, and improvements. Declares that the supplemental appropriations for the Disaster Relief Fund under this Chapter shall apply in place of the supplemental appropriations for such Fund under Title IV. Increases the amount appropriated for science and technology under Title IV for research, development, acquisition, and operations.

Chapter 7: Department of the Interior -Makes additional supplemental appropriations to the Department of the Interior for: (1) the National Park Service for the Historic Preservation Fund, and (2) departmental operations (including funds to restore and rebuild national parks, national wildlife refuges, and other federal public assets). Increases the amounts appropriated under Title V to the Fish and Wildlife Service and the National Park Service for construction.

Makes additional supplemental appropriations to the Environmental Protection Agency (EPA) for: (1) environmental programs and management, (2) the Hazardous Substance Superfund, (3) the Leaking Underground Storage Tank Fund, and (4) state and tribal assistance grants.

Makes additional supplemental appropriations to: (1) the Forest Service for capital improvements and maintenance, and (2) the Smithsonian Institution.

Chapter 8: Department of Labor - Makes supplemental appropriations to the Department of Labor for training and employment services.

Makes supplemental appropriations to HHS for the Public Health and Social Services Emergency Fund for disaster response and recovery, including for making payments under the Head Start Act and additional payments for distribution as provided under the Social Services Block Grant Program. Declares that the supplemental appropriations for the Public Health and Social Services Emergency Fund under this Chapter shall apply in place of the supplemental appropriations for such Fund under Title VI.

Chapter 9: Department of Transportation - Replaces provisions of Title VIII, as reflected in the summary of that Title.

(Sec. 1094) Declares that this Chapter shall apply in place of Title VIII, which shall have no force or effect.

Division B: Sandy Recovery Improvement Act of 2013 - (Sec. 1101) Sandy Recovery Improvement Act of 2013 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, acting through the FEMA Administrator, to approve public assistance projects for major disasters or emergencies under alternative procedures with the goal of: (1) reducing the costs to the federal government of providing such assistance; (2) increasing flexibility in the administration of assistance; (3) expediting the provision of 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 the timely and cost-effective completion of projects.

Requires such alternative procedures, with respect to grants for facility repair, restoration, or replacement, to allow: (1) such grants to be made on the basis of fixed estimates if the state, tribal, or local government or the owner or operator of the private nonprofit facility agrees to be responsible for any actual costs that exceed the estimate; (2) a grantee to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of the cost to repair, restore, reconstruct, or replace a facility and management expenses; (3) consolidating state, local, or tribal facilities as a single project; and (4) the Administrator to permit a grantee, when completed project costs are less than the estimated costs, to use excess funds for activities that reduce the risk of future damage, hardship, or suffering from a major disaster and for other activities to improve future public assistance operations or planning.

Requires such alternative procedures, with respect to grants for debris removal, to allow: (1) such grants to be made on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost-effective completion if the grantee agrees to be responsible for any actual costs that exceed the estimate; (2) use of a sliding scale for determining the federal share for removal of debris and wreckage based on the time it takes to complete; (3) use of program income from recycled debris without offset to the grant amount; (4) reimbursement of wages for grantee employees and extra hires performing or administering debris and wreckage removal; (5) incentives to a state, local, or tribal government to have a debris management plan approved by the Administrator and to have pre-qualified contractors before the date of declaration of the major disaster; and (6) the Administrator to permit a grantee, when actual project costs are less than estimated costs, to use the excess funds for debris management planning, acquisition of debris management equipment for current or future use, and other activities to improve future debris removal operations.

(Sec. 1103) Authorizes the President to enter into lease agreements for, and make repairs or improvements to, multifamily rental property located in areas covered by a major disaster declaration when the President determines it would be a cost-effective alternative to other temporary housing options.

(Sec. 1104) Directs the President, for purposes of hazard mitigation assistance, to ensure that: (1) environmental reviews and historic preservation reviews are completed on an expeditious basis; and (2) the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized. Authorizes the President to provide not more than 25% of the amount of the estimated cost of hazard mitigation measures to a state grantee before eligible costs are incurred.

(Sec. 1105) Directs the Administrator to establish procedures under which an applicant, through December 31, 2015, may request the use of alternative dispute resolution, including arbitration by an independent review panel to resolve disputes relating to eligible assistance.

(Sec. 1106) Directs the President to establish a unified interagency review process to ensure compliance with environmental and historic requirements relating to disaster recovery projects in order to expedite the recovery process.

(Sec. 1107) Requires the President: (1) within one year, to complete an analysis to determine whether an increase in the threshold for eligibility for the provision of federal disaster or emergency assistance on the basis of the amount of the federal estimate of assistance necessary is appropriate; and (2) if so, to establish such threshold, adjust it annually for inflation, and review it every three years.

(Sec. 1108) Authorizes the President: (1) to provide child care assistance to an individual or household adversely affected by a major disaster; and (2) after declaring a major disaster or emergency for an area within the jurisdiction of a state, tribal, or local government, to reimburse such government for costs relating to basic pay and benefits and overtime and hazardous duty compensation for permanent employees of such government conducting emergency protective measures.

(Sec. 1109) Requires the Administrator to review, update, and revise factors relating to trauma to measure the severity, magnitude, and impact of a disaster.

(Sec. 1110) Amends the Stafford Act to authorize Indian tribal governments to submit requests for major disaster or emergency declarations directly to the President.

(Sec. 1111) Directs the Administrator to submit 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.