U.S. Congress - Text of H.R.152 as Enrolled Bill Hurricane Sandy relief bill
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Donate NowH.R.152 - 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.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 6,539 | n/a | n/a |
| Engrossed in House | 21,274 | 43 | 78% |
| Received in Senate | 21,705 | 5 | 0% |
| Placed on Calendar Senate | 21,793 | 5 | 0% |
| Enrolled Bill | 20,537 | 25 Show Changes Hide Changes | 0% |
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HR 152 PCS Calendar No. 2 113th CONGRESS 1st Session
IN THE SENATE OF
One Hundred Thirteenth Congress
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of theCommentsClose CommentsPermalink
United States of AmericaCommentsClose CommentsPermalink
AT THE UNITED STATES January 22 (legislative day, January 3), 2013 Received; read the first time January 28, 2013 Read the second time and placed on the calendar AN ACT
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and thirteenCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
DIVISION A--DISASTER RELIEF APPROPRIATIONS ACT, 2013
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
General Provision--This Title
Sec. 401. Funds made available by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Federal Transit Administration
public transportation emergency relief program
(including transfer of funds)
For the ‘Public Transportation Emergency Relief Program’ as authorized under
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 (
Administrative Provision--Department of Housing and Urban Development
Sec. 801. For fiscal year 2013, upon request by a public housing 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 (
TITLE IX
GENERAL PROVISIONS--THIS DIVISION
Sec. 901. Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved.CommentsClose CommentsPermalink
Sec. 902. Each amount designated in this division 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 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress.CommentsClose CommentsPermalink
Sec. 903. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
Sec. 904. (a)(1) Not later than March 31, 2013, in accordance with 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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
GENERAL PROVISION--THIS CHAPTER
Sec. 1011. The Office of Inspector General of the Department of Agriculture shall use unobligated disaster assistance oversight funds provided to such office in division B of
CHAPTER 2
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ‘Operations, Research, and Facilities’, $290,000,000 (reduced by $150,000,000) to remain available until September 30, 2014, as follows:CommentsClose CommentsPermalink
(1) $50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy;CommentsClose CommentsPermalink
(2) $7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy;CommentsClose CommentsPermalink
(3) $3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy;CommentsClose CommentsPermalink
(4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites;CommentsClose CommentsPermalink
(5) $50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; andCommentsClose CommentsPermalink
(6) $5,000,000 for necessary expenses related to fishery disasters during calendar year 2012 that were declared by the Secretary of Commerce as a direct result of impacts from Hurricane Sandy:CommentsClose CommentsPermalink
Provided, That the National Oceanic and Atmospheric Administration shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this division: 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.CommentsClose CommentsPermalink
procurement, acquisition and construction
For an additional amount for ‘Procurement, Acquisition and Construction’, $186,000,000, to remain available until September 30, 2015, as follows:CommentsClose CommentsPermalink
(1) $9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy;CommentsClose CommentsPermalink
(2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft;CommentsClose CommentsPermalink
(3) $8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure;CommentsClose CommentsPermalink
(4) $13,000,000 to accelerate the National Weather Service ground readiness project; andCommentsClose CommentsPermalink
(5) $111,000,000 for a weather satellite data mitigation gap reserve fund:CommentsClose CommentsPermalink
Provided, That NOAA shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this division: 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.CommentsClose CommentsPermalink
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $10,020,000: 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.CommentsClose CommentsPermalink
Drug Enforcement Administration
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000: 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.CommentsClose CommentsPermalink
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $230,000: 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.CommentsClose CommentsPermalink
Federal Prison System
buildings and facilities
For an additional amount for ‘Buildings and Facilities’ for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, 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.CommentsClose CommentsPermalink
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ‘Construction and Environmental Compliance and Restoration’ for repair at National Aeronautics and Space Administration facilities damaged by Hurricane Sandy, $15,000,000, 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.CommentsClose CommentsPermalink
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ‘Payment to the Legal Services Corporation’ to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000: Provided, That the amount made available under this heading shall be used only to provide the mobile resources, technology, and disaster coordinators necessary to provide storm-related services to the Legal Services Corporation client population and only in the areas significantly affected by Hurricane Sandy: 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: Provided further, That none of the funds appropriated in this division to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
CHAPTER 3
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ‘Operation and Maintenance, Army’, $5,370,000, 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.CommentsClose CommentsPermalink
Operation and Maintenance, Navy
For an additional amount for ‘Operation and Maintenance, Navy’, $40,015,000, 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.CommentsClose CommentsPermalink
Operation and Maintenance, Air Force
For an additional amount for ‘Operation and Maintenance, Air Force’, $8,500,000, 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.CommentsClose CommentsPermalink
Operation and Maintenance, Army National Guard
For an additional amount for ‘Operation and Maintenance, Army National Guard’, $3,165,000, 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.CommentsClose CommentsPermalink
Operation and Maintenance, Air National Guard
For an additional amount for ‘Operation and Maintenance, Air National Guard’, $5,775,000, 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.CommentsClose CommentsPermalink
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ‘Procurement of Ammunition, Army’, $1,310,000, to remain available until September 30, 2015, 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.CommentsClose CommentsPermalink
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ‘Defense Working Capital Funds’, $24,200,000, 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.CommentsClose CommentsPermalink
CHAPTER 4
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, $50,000,000, to remain available until expended to expedite at full Federal expense studies of flood and storm damage reduction: Provided, That using $29,500,000 of the funds provided herein, the Secretary of the Army shall expedite and complete ongoing flood and storm damage reduction studies in areas that were impacted by Hurricane Sandy in the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That using up to $20,000,000 of the funds provided herein, the Secretary shall conduct a comprehensive study to address the flood risks of vulnerable coastal populations in areas that were affected by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: 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 by May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees within 24 months of the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities warranting 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 an evaluation of the performance of existing projects constructed by the Corps and impacted by Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements thereto: Provided further, That as a part of the study, the Secretary shall identify institutional and other barriers to providing comprehensive protection to affected coastal areas and shall provide this report to the Committees on Appropriations of the House of Representatives and the Senate within 120 days of enactment of this division: 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 enactment of this division.CommentsClose CommentsPermalink
construction
For an additional amount for ‘Construction’ for necessary expenses related to the consequences of Hurricane Sandy, $3,461,000,000, to remain available until expended to rehabilitate, repair and construct United States Army Corps of Engineers projects: Provided, That $2,902,000,000 of the funds provided under this heading shall be used 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 areas along the Atlantic Coast within the boundaries of the North Atlantic Division of the Corps that were affected by Hurricane Sandy: Provided further, That $858,000,000 of such funds shall be made available not earlier than 14 days after the Secretary of the Army submits the report required under the heading ‘Investigations’ to be submitted not later than March 1, 2013, and $2,044,000,000 shall be made available not earlier than 14 days after the Secretary submits the report required under the heading ‘Investigations’ to be submitted not later than May 1, 2013: Provided further, That efforts using these funds shall incorporate current science and engineering standards in constructing previously authorized Corps projects designed to reduce flood and storm damage risks and modifying existing Corps projects that do not meet these standards, with such modifications as the Secretary determines are necessary to incorporate these standards or to meet the goal of providing sustainable reduction to flooding and storm damage risks: Provided further, That upon approval of the Committees on Appropriations of the House of Representatives and the Senate these funds may be used to construct any project under study by the Corps for reducing flooding and storm damage risks in areas along the Atlantic Coast within the North Atlantic Division of the Corps that were affected by Hurricane Sandy that the Secretary determines is technically feasible, economically justified, and environmentally acceptable: Provided further, That the completion of ongoing construction projects receiving funds provided by this division shall be at full Federal expense with respect to such funds: Provided further, That the non-Federal cash contribution for projects using these funds shall be financed in accordance with the provisions of section 103(k) of
operation and maintenance
For an additional amount for ‘Operation and Maintenance’ for necessary expenses related to the consequences of Hurricane Sandy, $821,000,000, to remain available until expended to dredge Federal navigation channels and repair damage to United States Army Corps of Engineers projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant 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.CommentsClose CommentsPermalink
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, $1,008,000,000, to remain available until expended to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs and other activities as authorized by law: Provided, That $430,000,000 of the funds provided herein shall be made available not earlier than 14 days after the Secretary of the Army submits the report required under the heading ‘Investigations’ to be submitted not later than March 1, 2013, and shall be utilized by the United States Army Corps of Engineers to restore projects impacted by Hurricane Sandy in the North Atlantic Division of the Corps to design profiles of the authorized projects: Provided further, That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to funds provided under this heading: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant 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.CommentsClose CommentsPermalink
expenses
For an additional amount for ‘Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended to oversee emergency response and recovery activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant 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.CommentsClose CommentsPermalink
GENERAL PROVISION--THIS CHAPTER
Sec. 1041. This chapter shall apply in place of title II of this division, and such title shall have no force or effect.CommentsClose CommentsPermalink
CHAPTER 5
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ‘Federal Buildings Fund’, $7,000,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy, for basic repair and alteration of buildings under the custody and control of the Administrator of General Services, and real property management and related activities not otherwise provided for: 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.CommentsClose CommentsPermalink
Small Business Administration
salaries and expenses
The provisions under this heading in title III of this division shall be applied by substituting ‘$20,000,000’ for ‘$10,000,000’.CommentsClose CommentsPermalink
office of inspector general
For an additional amount for ‘Office of Inspector General’, $5,000,000, 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: Provided further, That this paragraph shall apply in place of the previous provisions under this heading in title III of this division, and such previous provisions shall have no force or effect.CommentsClose CommentsPermalink
disaster loans program account
(including transfers 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, $520,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, an additional $260,000,000 to remain available until expended, of which $250,000,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses, and of which $10,000,000 is for indirect administrative expenses for the direct loan program, which may to be transferred to and merged with 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: Provided further, That this paragraph shall apply in place of the previous provisions under this heading in title III of this division, and such previous provisions shall have no force or effect.CommentsClose CommentsPermalink
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
United States Customs and Border Protection
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $1,667,000: 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: Provided further, That a description of all property to be replaced, with associated costs, 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.CommentsClose CommentsPermalink
United States Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $855,000: 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: Provided further, That a description of all property to be replaced, with associated costs, 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.CommentsClose CommentsPermalink
United States Secret Service
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $300,000: 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: Provided further, That a description of all property to be replaced, with associated costs, 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.CommentsClose CommentsPermalink
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
The provisions under this heading in title IV of this division shall be applied by substituting ‘$274,233,000’ for ‘$143,899,000’.CommentsClose CommentsPermalink
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for the ‘Disaster Relief Fund’ in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
disaster assistance direct loan program account
For an additional amount for ‘Disaster Assistance Direct Loan Program Account’ for the cost of direct loans, $300,000,000, to remain available until expended, as authorized by section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
Science and Technology
research, development, acquisition, and operations
The provisions under this heading in title IV of this division shall be applied by substituting ‘$3,249,000’ and ‘September 30, 2014’ for ‘$585,000’ and ‘September 30, 2013’, respectively.CommentsClose CommentsPermalink
CHAPTER 7
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
construction
The provisions under this heading in title V of this division shall be applied by substituting ‘$78,000,000 (reduced by $9,800,000)’ for ‘$49,875,000’: Provided, That none of the funds made available under such heading in title V may be used to repair seawalls or buildings on islands in the Stewart B. McKinney National Wildlife Refuge.CommentsClose CommentsPermalink
National Park Service
historic preservation fund
For an additional amount for the ‘Historic Preservation Fund’ for necessary expenses related to the consequences of Hurricane Sandy, $50,000,000, to remain available until September 30, 2015, including costs to States necessary to complete compliance activities required by section 106 of the National Historic Preservation Act and costs needed to administer the program: Provided, That grants shall only be available for areas that have received a major disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
construction
The provisions under this heading in title V of this division shall be applied by substituting ‘$348,000,000’ for ‘$234,000,000’.CommentsClose CommentsPermalink
Departmental Operations
office of the secretary
(including transfers of funds)
For an additional amount for ‘Departmental Operations’ and any Department of the Interior component bureau or office for necessary expenses related to the consequences of Hurricane Sandy, $360,000,000, to remain available until expended: Provided, That funds appropriated herein shall be used to restore and rebuild national parks, national wildlife refuges, and other Federal public assets; increase the resiliency and capacity of coastal habitat and infrastructure to withstand storms and reduce the amount of damage caused by such storms: Provided further, That the Secretary of the Interior may transfer these funds to any other account in the Department and may expend such funds by direct expenditure, grants, or cooperative agreements, including grants to or cooperative agreements with States, Tribes, and municipalities, to carry out the purposes provided herein: Provided further, That the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan for the amounts provided herein within 60 days of enactment of this division: 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.CommentsClose CommentsPermalink
ENVIRONMENTAL PROTECTION AGENCY
Environmental Programs and Management
For an additional amount for ‘Environmental Programs and Management’ for necessary expenses related to the consequences of Hurricane Sandy, $725,000, 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.CommentsClose CommentsPermalink
Hazardous Substance Superfund
For an additional amount for ‘Hazardous Substance Superfund’ for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, 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.CommentsClose CommentsPermalink
Leaking Underground Storage Tank Fund
For an additional amount for ‘Leaking Underground Storage Tank Fund’ for necessary expenses related to the consequences of Hurricane Sandy, $5,000,000, 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.CommentsClose CommentsPermalink
State and Tribal Assistance Grants
For an additional amount for ‘State and Tribal Assistance Grants’, $600,000,000, to remain available until expended, of which $500,000,000 shall be for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, and of which $100,000,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act: Provided, That notwithstanding section 604(a) of the Federal Water Pollution Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein shall be provided to States in EPA Region 2 for wastewater and drinking water treatment works and facilities impacted by Hurricane Sandy: Provided further, That notwithstanding the requirements of section 603(d) of the Federal Water Pollution Control Act, for the funds appropriated herein, each State shall use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That the funds appropriated herein shall only be used for eligible projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works as defined by section 212 of the Federal Water Pollution Control Act or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other eligible tasks at such treatment works or facilities necessary to further such purposes: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight: 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.CommentsClose CommentsPermalink
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
For an additional amount for ‘Capital Improvement and Maintenance’ for necessary expenses related to the consequences of Hurricane Sandy, $4,400,000, 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.CommentsClose CommentsPermalink
OTHER RELATED AGENCY
Smithsonian Institution
salaries and expenses
For an additional amount for ‘Salaries and Expenses’ for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, 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.CommentsClose CommentsPermalink
CHAPTER 8
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfers of funds)
For an additional amount for ‘Training and Employment Services’, $25,000,000, for the dislocated workers assistance national reserve for necessary expenses directly related to Hurricane Sandy, which shall be available from the date of enactment of this division through September 30, 2013: Provided, That the Secretary of Labor may transfer up to $3,500,000 of such funds to any other Department of Labor account for other Hurricane Sandy reconstruction and recovery needs, including worker protection activities: 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.CommentsClose CommentsPermalink
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’, $800,000,000, to remain available until September 30, 2015: Provided, That $100,000,000 shall be transferred to ‘Children and Families Services Programs’ for the Head Start program for the purposes provided herein: Provided further, That $500,000,000 shall be transferred to ‘Social Services Block Grant’ for the purposes provided herein: Provided further, That section 2002(c) of the Social Security Act shall be applied to funds appropriated in the preceding proviso by substituting ‘succeeding 2 fiscal years’ for ‘succeeding fiscal year’: Provided further, That not less than $5,000,000 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 directly affected by Hurricane Sandy and which have been declared by the President as a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for Hurricane Sandy: 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 for the Social Services Block Grant 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 in addition to other uses permitted by title XX of the Social Security Act, funds appropriated in this paragraph for the Social Services Block Grant may be used for health services (including mental health services), and for costs of renovating, repairing, or rebuilding health care facilities, child care facilities, or other social services facilities: Provided further, That the remaining $195,000,000 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: 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: Provided further, That this paragraph shall apply in place of the previous provisions under this heading in title VI of this division, and such previous provisions shall have no force or effect.CommentsClose CommentsPermalink
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
facilities and equipment
(airport and airway trust fund)
For an additional amount for ‘Facilities and Equipment’, $30,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended, 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.CommentsClose CommentsPermalink
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the ‘Emergency Relief Program’ as authorized under
Federal Railroad Administration
grants to the national railroad passenger corporation
For an additional amount for ‘Grants to the National Railroad Passenger Corporation’ for the Secretary of Transportation to make capital and debt service grants to the National Railroad Passenger Corporation to advance capital projects that address Northeast Corridor infrastructure recovery and resiliency in the affected areas, $86,000,000, to remain available until expended: Provided, That none of the funds may be used to subsidize operating losses of the Corporation: Provided further, That as a condition of eligibility for receipt of such funds, the Corporation shall not, after the enactment of this division, use any funds provided for Capital and Debt Service Grants to the National Railroad Passenger Corporation in this division or any other Act for operating expenses, which includes temporary transfers of such funds: Provided further, That the Administrator of the Federal Railroad Administration may retain up to one-half of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading: Provided further, That for an additional amount for the Secretary to make operating subsidy grants to the National Railroad Passenger Corporation for necessary repairs related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided further, That each amount under this heading 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.CommentsClose CommentsPermalink
Federal Transit Administration
public transportation emergency relief program
(including transfer of funds)
For the ‘Public Transportation Emergency Relief Program’ as authorized under
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ‘Community Development Fund’, $16,000,000,000, 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 (
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1091. For fiscal year 2013, upon request by a public housing 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 (
Sec. 1092. The Departments of Transportation and Housing and Urban 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.CommentsClose CommentsPermalink
Sec. 1093. None of the funds provided in this chapter to the 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.CommentsClose CommentsPermalink
Sec. 1094. This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect.CommentsClose CommentsPermalink
Sec. 1095. The amounts otherwise provided by this division are 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.CommentsClose CommentsPermalink
Sec. 1096. None of the funds provided in this division shall be used for land acquisition by the Secretary of the Interior or the Secretary of Agriculture.CommentsClose CommentsPermalink
This division may be cited as the ‘Disaster Relief Appropriations Act, 2013’.CommentsClose CommentsPermalink
DIVISION B--SANDY RECOVERY IMPROVEMENT ACT OF 2013CommentsClose CommentsPermalink
DIVISION B--SANDY RECOVERY IMPROVEMENT ACT OF 2013CommentsClose CommentsPermalink
SEC. 1101. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink
(a) Short Title- This division may be cited as the ‘Sandy Recovery Improvement Act of 2013’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this division is as follows:CommentsClose CommentsPermalink
Sec. 1101. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 1102. Public assistance program alternative procedures.CommentsClose CommentsPermalink
Sec. 1103. Federal assistance to individuals and households.CommentsClose CommentsPermalink
Sec. 1104. Hazard mitigation.CommentsClose CommentsPermalink
Sec. 1105. Dispute resolution pilot program.CommentsClose CommentsPermalink
Sec. 1106. Unified Federal review.CommentsClose CommentsPermalink
Sec. 1107. Simplified procedures.CommentsClose CommentsPermalink
Sec. 1108. Essential assistance.CommentsClose CommentsPermalink
Sec. 1109. Individual assistance factors.CommentsClose CommentsPermalink
Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act.CommentsClose CommentsPermalink
Sec. 1111. Recommendations for reducing costs of future disasters.CommentsClose CommentsPermalink
SEC. 1102. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.CommentsClose CommentsPermalink
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by redesignating the second section 425 (relating to essential service providers) as section 427; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(c) Goals of Procedures- The alternative procedures adopted under subsection (a) shall further the goals of--CommentsClose CommentsPermalink
‘(1) reducing the costs to the Federal Government of providing such assistance;CommentsClose CommentsPermalink
‘(2) increasing flexibility in the administration of such assistance;CommentsClose CommentsPermalink
‘(3) expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Minimum Procedures- The alternative procedures adopted under this section shall include the following:CommentsClose CommentsPermalink
‘(1) For repair, restoration, and replacement of damaged facilities under section 406--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(ii) management expenses;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; andCommentsClose CommentsPermalink
‘(ii) other activities to improve future Public Assistance operations or planning;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(C) allowing use of program income from recycled debris without offset to the grant amount;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) debris management planning;CommentsClose CommentsPermalink
‘(ii) acquisition of debris management equipment for current or future use; andCommentsClose CommentsPermalink
‘(iii) other activities to improve future debris removal operations, as determined by the Administrator.CommentsClose CommentsPermalink
‘(f) Waiver Authority- Until such time as the Administrator promulgates regulations to implement this section, the Administrator may--CommentsClose CommentsPermalink
‘(1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; andCommentsClose CommentsPermalink
‘(2) carry out the alternative procedures under this section as a pilot program.CommentsClose CommentsPermalink
‘(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 (
et seq.).CommentsClose CommentsPermalink 29 U.S.C. 201 ‘(h) Report-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) CONTENTS- The report shall contain an assessment of the effectiveness of the alternative procedures, including--CommentsClose CommentsPermalink
‘(A) whether the alternative procedures helped to improve the general speed of disaster recovery;CommentsClose CommentsPermalink
‘(B) the accuracy of the estimates relied upon;CommentsClose CommentsPermalink
‘(C) whether the financial incentives and disincentives were effective;CommentsClose CommentsPermalink
‘(D) whether the alternative procedures were cost effective;CommentsClose CommentsPermalink
‘(E) whether the independent expert panel described in subsection (e)(1)(E) was effective; andCommentsClose CommentsPermalink
‘(F) recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.’.CommentsClose CommentsPermalink
SEC. 1103. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.CommentsClose CommentsPermalink
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;CommentsClose CommentsPermalink
(2) by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(ii) LEASE AND REPAIR OF RENTAL UNITS FOR TEMPORARY HOUSING-CommentsClose CommentsPermalink
‘(I) IN GENERAL- The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(bb) make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(aa) shall be deducted from the value of the lease agreement; andCommentsClose CommentsPermalink
‘(bb) may not exceed the value of the lease agreement.’; andCommentsClose CommentsPermalink
(3) in clause (iv) (as so redesignated) by striking ‘clause (ii)’ and inserting ‘clause (iii)’.CommentsClose CommentsPermalink
SEC. 1104. HAZARD MITIGATION.CommentsClose CommentsPermalink
(a) Streamlined Procedures; Advance Assistance- Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(d) Streamlined Procedures-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For the purpose of providing assistance under this section, the President shall ensure that--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(B) the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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 (
(c) Applicability- The authority under the amendments made by this section shall apply to--CommentsClose CommentsPermalink
(1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(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.CommentsClose CommentsPermalink
SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM.CommentsClose CommentsPermalink
(a) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal eEmergency Management Agency.CommentsClose CommentsPermalink
(2) ELIGIBLE ASSISTANCE- The term ‘eligible assistance’ means assistance--CommentsClose CommentsPermalink
(A) under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(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;CommentsClose CommentsPermalink
(C) for which the applicant has a non-Federal share; andCommentsClose CommentsPermalink
(D) for which the applicant has received a decision on a first appeal.CommentsClose CommentsPermalink
(b) Procedures-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) BINDING EFFECT- A decision by an independent review panel under this section shall be binding upon the parties to the dispute.CommentsClose CommentsPermalink
(3) CONSIDERATIONS- The procedures established under this section shall--CommentsClose CommentsPermalink
(A) allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) require that the sponsor of an independent review panel for any alternative dispute resolution under this section be--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(ii) responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;CommentsClose CommentsPermalink
(D) require an independent review panel to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(ii) consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(E) require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Sunset- A request for review by an independent review panel under this section may not be made after December 31, 2015.CommentsClose CommentsPermalink
(d) Report-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) CONTENTS- The report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a determination of the availability of data required to complete the report;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(E) a recommendation as to whether any aspect of the program under this section should be made a permanent authority; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 1106. UNIFIED FEDERAL REVIEW.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
‘SEC. 429. UNIFIED FEDERAL REVIEW.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 1107. SIMPLIFIED PROCEDURES.CommentsClose CommentsPermalink
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by striking ‘If the Federal estimate’ and inserting ‘(a) In General- If the Federal estimate’;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) by inserting ‘or, if applicable, the amount established under subsection (b),’ after ‘$35,000 amount’ the second place it appears; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Threshold-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(2) AMOUNT- After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(B) adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 1108. ESSENTIAL ASSISTANCE.CommentsClose CommentsPermalink
(a) Other Needs Assistance- Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in the paragraph heading by inserting ‘CHILD CARE,’ after ‘DENTAL,’; andCommentsClose CommentsPermalink
(2) by inserting ‘child care,’ after ‘dental,’.CommentsClose CommentsPermalink
(b) Salaries and Benefits- Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(d) Salaries and Benefits-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if--CommentsClose CommentsPermalink
‘(i) the work is not typically performed by the employees; andCommentsClose CommentsPermalink
‘(ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; orCommentsClose CommentsPermalink
‘(B) overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.CommentsClose CommentsPermalink
‘(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 (
et seq.).CommentsClose CommentsPermalink 29 U.S.C. 201 ‘(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.’.CommentsClose CommentsPermalink
SEC. 1109. INDIVIDUAL ASSISTANCE FACTORS.CommentsClose CommentsPermalink
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 (
SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION UNDER THE STAFFORD ACT.CommentsClose CommentsPermalink
(a) Major Disaster Requests- Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by striking ‘All requests for a declaration’ and inserting ‘(a) In General- All requests for a declaration’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Indian Tribal Government Requests-CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Cost Share Adjustments for Indian Tribal Governments-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the President has the authority to waive or adjust the payment under another provision of this title; andCommentsClose CommentsPermalink
‘(B) the President determines that the waiver or adjustment is necessary and appropriate.CommentsClose CommentsPermalink
‘(2) CRITERIA FOR MAKING DETERMINATIONS- The President shall establish criteria for making determinations under paragraph (1)(B).’.CommentsClose CommentsPermalink
(b) Emergency Requests- Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(c) Indian Tribal Government Requests-CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Definitions- Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in paragraph (7)(B) by striking ‘; and’ and inserting ‘, that is not an Indian tribal government as defined in paragraph (6); and’;CommentsClose CommentsPermalink
(2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;CommentsClose CommentsPermalink
(3) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink
‘(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 (
et seq.).’; andCommentsClose CommentsPermalink 25 U.S.C. 479a
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(d) References- Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘SEC. 103. REFERENCES.CommentsClose CommentsPermalink
‘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.’.CommentsClose CommentsPermalink
(e) Regulations-CommentsClose CommentsPermalink
(1) ISSUANCE- The President shall issue regulations to carry out the amendments made by this section.CommentsClose CommentsPermalink
(2) FACTORS- In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.CommentsClose CommentsPermalink
SEC. 1111. RECOMMENDATIONS FOR REDUCING COSTS OF FUTURE DISASTERS.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) National Strategy- The national strategy should--CommentsClose CommentsPermalink
(1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;CommentsClose CommentsPermalink
(2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;CommentsClose CommentsPermalink
(3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Passed the House of Representatives January 15, 2013. Attest: KAREN L. HAAS, Clerk. Calendar No. 2 113th CONGRESS 1st Session H. R. 152 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. January 28, 2013 Read the second time and placed on the calendar
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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