H.R. 152: Disaster Relief Appropriations Act, 2013

Introduced:
Jan 04, 2013 (113th Congress, 2013–2015)
Sponsor:
Rep. Harold “Hal” Rogers [R-KY5]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 113-2.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


1/29/2013--Public Law.
Division A - Disaster Relief Appropriations Act, 2013
Disaster Relief Appropriations Act, 2013 - Makes supplemental appropriations for FY2013 to specified federal agencies and programs for expenses related to the consequences of Hurricane Sandy.
Title I - Department of Agriculture
Makes supplemental appropriations to the Department of Agriculture (USDA) for the Commodity Assistance Program, for the emergency food assistance program.
Title II - Department of the Army (as modified by section 1041)
Makes supplemental appropriations to the Corps of Engineers--Civil for investigations, to expedite at full federal expense studies of flood and storm damage reduction, including:
(1) ongoing flood and storm damage reduction studies in impacted areas in the North Atlantic Division of the Corps,
(2) a comprehensive study to address the flood risks of vulnerable coastal populations in affected areas within the boundaries of that Division, and
(3) an evaluation of the performance of existing projects constructed by the Corps that were damaged, for purposes of determining their effectiveness and making recommendations.
Makes supplemental appropriations to the Corps for construction to rehabilitate, repair, and construct Corps projects, including funds to reduce future flood risk in ways that will support the long-term sustainability of the coastal ecosystem and communities and reduce the economic costs and risks associated with large-scale flood and storm events in affected areas along the Atlantic Coast within the boundaries of such Division. Requires ongoing construction projects receiving funds under this Act to be completed be at full federal expense.
Makes supplemental appropriations to the Corps for:
(1) operations and maintenance, to dredge federal navigation channels and repair damage to Corps projects;
(2) flood control and coastal emergencies, to prepare for flood, hurricane, and other natural disasters and to support emergency operations, repairs, and other authorized activities; and
(3) expenses to oversee emergency response and recovery activities.
Title III - Small Business Administration
Makes supplemental appropriations to the Small Business Administration (SBA) for: (1) salaries and expenses for grants to, or cooperative agreements with, organizations to provide technical assistance related to disaster recovery, response, and long-term resiliency to small businesses that are recovering from Hurricane Sandy; (2) the Office of Inspector General; and (3) the Disaster Loans Program Account.
Title IV - Department of Homeland Security
Makes supplemental appropriations to the Department of Homeland Security (DHS) for: (1) the Coast Guard for acquisition, construction, and improvements; (2) the Federal Emergency Management Agency (FEMA) for the Disaster Relief Fund; (3) science and technology for research, development, acquisition, and operations; and (4) the Domestic Nuclear Detection Office.
Title V - Department of the Interior
Makes supplemental appropriations to the Department of the Interior for: (1) the Fish and Wildlife Service and the National Park Service for construction, and (2) the Bureau of Safety and Environmental Enforcement for oil spill research.
Title VI - Department of Health and Human Services
Makes supplemental appropriations to: (1) the Department of Health and Human Services (HHS) for the Public Health and Social Services Emergency Fund, including for making payments under the Head Start Act and for additional payments under the Social Services Block Grant program; and (2) the Social Security Administration for administrative expenses.
Title VII - Department of Defense
Makes supplemental appropriations to: (1) the Department of Defense (DOD) for military construction for the Army National Guard; and (2) the Department of Veterans Affairs (VA) for the Veterans Health Administration for medical services and medical facilities, the National Cemetery Administration, and departmental administration for information technology systems and major construction projects.
Title VIII - Department of Transportation (as modified by section 1094)
Makes supplemental appropriations to the Department of Transportation (DOT) for:
(1) the Federal Aviation Administration (FAA) for facilities and equipment; and
(2) the Federal Highway Administration for the Emergency Relief Program. Limits obligations for projects resulting from a single natural disaster or a single catastrophic failure in a state to $100 million, but authorizes the Secretary of Transportation to obligate up to $500 million for a single natural disaster event in a state for emergency relief projects arising from damage caused in 2012.
Makes supplemental appropriations to:
(1) the Federal Railroad Administration for grants to the National Railroad Passenger Corporation to advance capital projects that address Northeast Corridor infrastructure recovery and resiliency in the affected areas, and
(2) the Federal Transit Administration for the Public Transportation Emergency Relief Program. Makes supplemental appropriations to the Department of Housing and Urban Development (HUD) for the Community Development Fund for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas due to eligible events in calendar years 2011, 2012, and 2013.
Section 1091 -
Authorizes the HUD Secretary, upon request, to make temporary adjustments to the section 8 housing choice voucher annual renewal funding allocations and administrative fee eligibility determinations for public housing agencies in an area for which the President declared a major disaster to avoid significant adverse funding impacts that would otherwise result.
Section 1092 -
Requires DOT and HUD to submit to the the House and Senate Appropriations Committees a plan for implementing this Title and updates to such plan on a biannual basis.
Section 1093 -
Prohibits funds provided in this Title to DOT or HUD from being used to make a grant unless the applicable Secretary notifies the Appropriations Committees not less than 3 full business days before any project, state, or locality is selected to receive a grant award totaling $1 million or more.
Section 1096 -
Prohibits funds provided in this Division from being used for land acquisition by the Secretary of the Interior or the Secretary of Agriculture.
Title IX - General Provisions--This Division
Section 904 -
Requires each federal agency to submit to the Office of Management and Budget (OMB), the General Accountability Office (GAO), the respective Inspector General, and the House and Senate Appropriations Committees by March 31, 2013, internal control plans for funds provided by this Division. Requires GAO to review the design of such plans.
Requires the Recovery Accountability and Transparency Board, through FY2015, to develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated for purposes related to the impact of Hurricane Sandy.
Title X - Additional Disaster Assistance
Chapter 1: Department of Agriculture - Makes additional supplemental appropriations to USDA for the Emergency Conservation Program.
Section 1011 -
Directs USDA's Office of Inspector General to use unobligated disaster assistance oversight funds provided under the Disaster Relief and Recovery Supplemental Appropriations Act, 2008 for continued oversight of USDA disaster- and emergency-related activities.
Chapter 2: Department of Commerce - Makes supplemental appropriations to the Department of Commerce for the National Oceanic and Atmospheric Administration (NOAA) for:
(1) operations, research, and facilities for various purposes, including to improve weather forecasting and hurricane intensity forecasting capabilities and for expenses related to fishery disasters; and
(2) procurement, acquisition, and construction.
Makes supplemental appropriations to the Department of Justice (DOJ) for the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Prison System. Makes supplemental appropriations for:
(1) the National Aeronautics and Space Administration (NASA) for repairs at damaged facilities; and
(2) payment to the Legal Services Corporation. Chapter 3: Department of Defense - Makes additional supplemental appropriations to DOD for:
(1) operation and maintenance for the Army, Navy, Air Force, Army National Guard, and Air National Guard;
(2) procurement of ammunition for the Army; and
(3) Defense Working Capital Funds. Chapter 4: Department of the Army - Replaces provisions of Title II, as reflected in the summary of that Title.
Section 1041 -
Declares that this Chapter shall apply in place of Title II, which shall have no force or effect.
Chapter 5 - Makes supplemental appropriations to:
(1) the General Services Administration (GSA) for the Federal Buildings Fund, and
(2) the SBA for the Office of Inspector General and the Disaster Loans Program Account. Reduces the amount appropriated to the SBA under Title III for salaries and expenses.
Declares that the supplemental appropriations for the SBA Office of Inspector General and the Disaster Loans Program Account under this Chapter shall apply in place of the supplemental appropriations for such Office and Account under
Title III. Chapter 6 - Department of Homeland Security
Makes additional supplemental appropriations to DHS for:
(1) U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE), and the U.S. Secret Service for salaries and expenses; and
(2) FEMA for the Disaster Relief Fund and the Disaster Assistance Direct Loan Program Account; and
(3) science and technology for research, development, acquisition, and operations.
Reduces the amount appropriated to the Coast Guard under Title IV for acquisition, construction, and improvements.
Declares that the supplemental appropriations for the Disaster Relief Fund under this Chapter shall apply in place of the supplemental appropriations for such Fund under Title IV. Increases the amount appropriated for science and technology under Title IV for research, development, acquisition, and operations.
Chapter 7: Department of the Interior -Makes additional supplemental appropriations to the Department of the Interior for:
(1) the National Park Service for the Historic Preservation Fund, and
(2) departmental operations (including funds to restore and rebuild national parks, national wildlife refuges, and other federal public assets).
Increases the amounts appropriated under Title V to the Fish and Wildlife Service and the National Park Service for construction.
Makes additional supplemental appropriations to the Environmental Protection Agency (EPA) for:
(1) environmental programs and management,
(2) the Hazardous Substance Superfund,
(3) the Leaking Underground Storage Tank Fund, and
(4) state and tribal assistance grants.
Makes additional supplemental appropriations to:
(1) the Forest Service for capital improvements and maintenance, and
(2) the Smithsonian Institution. Chapter 8: Department of Labor - Makes supplemental appropriations to the Department of Labor for training and employment services.
Makes supplemental appropriations to HHS for the Public Health and Social Services Emergency Fund for disaster response and recovery, including for making payments under the Head Start Act and additional payments for distribution as provided under the Social Services Block Grant Program. Declares that the supplemental appropriations for the Public Health and Social Services Emergency Fund under this Chapter shall apply in place of the supplemental appropriations for such Fund under
Title VI. Chapter 9 - Department of Transportation
Replaces provisions of Title VIII, as reflected in the summary of that Title.
Section 1094 -
Declares that this Chapter shall apply in place of
Title VIII, which shall have no force or effect. Division B - Sandy Recovery Improvement Act of 2013
Section 1101 -
Sandy Recovery Improvement Act of 2013 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, acting through the FEMA Administrator, to approve public assistance projects for major disasters or emergencies under alternative procedures with the goal of:
(1) reducing the costs to the federal government of providing such assistance;
(2) increasing flexibility in the administration of assistance;
(3) expediting the provision of assistance to a state, tribal or local government, or owner or operator of a private nonprofit facility; and
(4) providing financial incentives and disincentives for the timely and cost-effective completion of projects.
Requires such alternative procedures, with respect to grants for facility repair, restoration, or replacement, to allow:
(1) such grants to be made on the basis of fixed estimates if the state, tribal, or local government or the owner or operator of the private nonprofit facility agrees to be responsible for any actual costs that exceed the estimate;
(2) a grantee to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of the cost to repair, restore, reconstruct, or replace a facility and management expenses;
(3) consolidating state, local, or tribal facilities as a single project; and
(4) the Administrator to permit a grantee, when completed project costs are less than the estimated costs, to use excess funds for activities that reduce the risk of future damage, hardship, or suffering from a major disaster and for other activities to improve future public assistance operations or planning.
Requires such alternative procedures, with respect to grants for debris removal, to allow:
(1) such grants to be made on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost-effective completion if the grantee agrees to be responsible for any actual costs that exceed the estimate;
(2) use of a sliding scale for determining the federal share for removal of debris and wreckage based on the time it takes to complete;
(3) use of program income from recycled debris without offset to the grant amount;
(4) reimbursement of wages for grantee employees and extra hires performing or administering debris and wreckage removal;
(5) incentives to a state, local, or tribal government to have a debris management plan approved by the Administrator and to have pre-qualified contractors before the date of declaration of the major disaster; and
(6) the Administrator to permit a grantee, when actual project costs are less than estimated costs, to use the excess funds for debris management planning, acquisition of debris management equipment for current or future use, and other activities to improve future debris removal operations.
Section 1103 -
Authorizes the President to enter into lease agreements for, and make repairs or improvements to, multifamily rental property located in areas covered by a major disaster declaration when the President determines it would be a cost-effective alternative to other temporary housing options.
Section 1104 -
Directs the President, for purposes of hazard mitigation assistance, to ensure that:
(1) environmental reviews and historic preservation reviews are completed on an expeditious basis; and
(2) the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
Authorizes the President to provide not more than 25% of the amount of the estimated cost of hazard mitigation measures to a state grantee before eligible costs are incurred.
Section 1105 -
Directs the Administrator to establish procedures under which an applicant, through December 31, 2015, may request the use of alternative dispute resolution, including arbitration by an independent review panel to resolve disputes relating to eligible assistance.
Section 1106 -
Directs the President to establish a unified interagency review process to ensure compliance with environmental and historic requirements relating to disaster recovery projects in order to expedite the recovery process.
Section 1107 -
Requires the President: (1) within one year, to complete an analysis to determine whether an increase in the threshold for eligibility for the provision of federal disaster or emergency assistance on the basis of the amount of the federal estimate of assistance necessary is appropriate; and (2) if so, to establish such threshold, adjust it annually for inflation, and review it every three years.
Section 1108 -
Authorizes the President: (1) to provide child care assistance to an individual or household adversely affected by a major disaster; and (2) after declaring a major disaster or emergency for an area within the jurisdiction of a state, tribal, or local government, to reimburse such government for costs relating to basic pay and benefits and overtime and hazardous duty compensation for permanent employees of such government conducting emergency protective measures.
Section 1109 -
Requires the Administrator to review, update, and revise factors relating to trauma to measure the severity, magnitude, and impact of a disaster.
Section 1110 -
Amends the Stafford Act to authorize Indian tribal governments to submit requests for major disaster or emergency declarations directly to the President.
Section 1111 -
Directs the Administrator to submit recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/113/1/hr152.

Background

In 2011, Congress passed The Budget Control Act of 2011 (BCA), which authorized two types of spending to exceed the established spending caps: disaster and emergency.  While emergency spending is not subject to the caps in the BCA, spending for disaster relief is calculated by taking the average of the previous ten years disaster relief spending, excluding the highest and lowest spending years.   

Aid Assistance for Hurricane Sandy:

On December 28, 2012, the Senate amended H.R. 1, a $61 billion aid package for the victims and communities affected by Hurricane Sandy.  The bill passed by a vote of 62-32, Recorded vote 248

On January 4, 2013, the House passed H.R. 41 (345-67, Roll Call # 7).  This legislation provided for an increase in borrowing authority for National Flood Insurance Program (NFIP) of $9.7 billion.  The bill subsequently passed the Senate by voice vote. 

The amendment in the nature of a substitute offered to H.R. 152 provides $17 billion in emergency funding in addition to the $9.7 billion already authorized for the NFIP.  Total funding, including the increased borrowing authority, the Rogers' AINS, and the Frelinghuysen amendment to the AINS is approximately $60.4 billion. 

Summary

The AINS to H.R. 152  provides for $17 billion in immediate support to the victims and communities impacted by Hurricane Sandy.  A breakdown for the funding for is as follows:

 Federal Emergency Management Agency (FEMA) Disaster Relief Fund (DRF) – $5.4 billion

This funding will fulfill near-term needs for the DRF, the most immediate source of relief and recovery funds available to individuals, families, and communities to support ongoing recovery through affected areas. This includes providing individual assistance such as temporary housing, crisis counseling, and disaster unemployment assistance. It also provides funding for public assistance to local communities and certain nonprofits for debris removal, emergency protective measures, and repair, replacement, and restoration of disaster-damaged, publicly owned facilities and the facilities of certain nonprofit organizations.

Department of Transportation, Federal Transit Authority Emergency Relief – $5.4 billion

This funding will provide reasonable assistance and recovery to the four major affected transit agencies –New York’s MTA, the Port Authority of NY/NJ, New Jersey Transit, and the City of New York DOT Ferries. Language is included in the legislation to provide stringent oversight on the use of funding and the administration of grants.

 Department of Housing and Urban Development (HUD) – $3.9 billion

This funding through HUD’s Community Development Fund will support critical and immediate community needs. This includes repairs to damage sustained by publicly owned hospitals, local roads and utilities, and small businesses.

Army Corps of Engineers – $1.35 billion

The bill fully funds the Administration’s updated estimates for Army Corps of Engineers projects for response and recovery to Hurricane Sandy. As was done after previous disasters, these funds will help restore navigation channels, beaches, and other damaged infrastructure to pre-storm conditions. In addition, the bill will provide funds to continue response and recovery activities for flood control, coastal emergency projects, and emergency dredging. The legislation also directs the Corps to submit plans for reducing the threats of future flooding to ensure future funding is responsibly and effectively utilized.

Department of the Interior – $287 million

This funding will help repair national parks, lands and facilities under the jurisdiction of the Department of the Interior that sustained damage during Hurricane Sandy. This includes funding for immediate repair and recovery needs for national wildlife refuges and national fish hatcheries along the East Coast, and National Parks, including the Statue of Liberty and Ellis Island.

Department of Health and Human Services – $100 million

The bill provides $100 million in funding for the Public Health and Social Services Emergency Fund for disaster response and recovery efforts directly related to Hurricane Sandy. This includes funding for the Social Services Block Grant program for repairs to social services facilities, repairs to Head Start centers, replacement of equipment and resource losses within National Institute of Health.

Department of Veterans Affairs – $235 million

This funding will go to repairs and reconstruction at the Manhattan VA hospital and other VA medical facilities, which sustained significant flood damage during the storm.  These repairs are urgently needed to provide adequate medical services and care to veterans in the Northeast region, many of whom have had to move to other VA facilities following the storm.

Small Business Administration – $161 million

This funding will provide for the immediate needs of the SBA Disaster Loan Program to provide timely, low-interest financing for the repair and rebuilding of disaster-damaged private property for homeowners, renters, and businesses. This funding would also provide grants to assist small businesses affected by Hurricane Sandy with disaster recovery and response problems.

National Guard – $24.2 million

This funding will provide for repairs of a variety of Army National Guard buildings and structures damaged by Hurricane Sandy.

Department of Agriculture – $6 million

This will support replenishing stocks at food banks and soup kitchens in the areas affected by Hurricane Sandy, via the Commodity Assistance Program through the Food and Nutrition Service.

Amtrak - $32 million

This will provide funding to repair Amtrak infrastructure that sustained hurricane damage.  The bill does not fund Administration-requested offsets for operating revenue losses or for construction of a long-planned Hudson River tunnel.

Federal Aviation Administration - $14.6 million

This will provided funding to repair or replace equipment and facilities damaged by Sandy.  These include navigation systems, control towers, and power systems.


The Amendment to the AINS offered by Energy and Water Subcommittee Chairman Frelinghuysen adds an additional $33.7 billion in the following areas to cover current and anticipated needs:

 Agriculture$218 million

This funding will go to emergency conservation and restoration efforts, as well as flood prevention and watershed repairs.

Commerce, Justice, Science — $513.25 million

A large portion of this funding will go to the National Oceanic and Atmospheric Administration to improve severe weather forecasts and warnings, to assess the impacts of Hurricane Sandy on coastal communities, and to support local recovery efforts. Other funding will help agencies and departments replace and repair property and equipment damaged during the storm.

Department of Defense$88.335 million

Hurricane Sandy inflicted damage to various bases, arsenals, ammunition plants, and other installations along the East Coast. This funding will support repairs to and clean-up for various military equipment and facilities affected.

Energy and Water — $3.997 billion

The amendment addresses additional needs to help the Army Corps of Engineers respond to damage incurred during Hurricane Sandy. As was done with previous disasters, these funds will help restore beaches, navigation channels, and other damaged infrastructure to pre-storm conditions, and assist with dredging and sustainability, as well as repairs and authorized improvements to flood control efforts in the affected areas. 

Financial Services — $651 million

The amendment will provide further funding for the SBA, Disaster Loan Program to provide low interest financing for the repair and rebuilding of disaster-damaged private property for homeowners, renters, and businesses. It will also provide additional grants to assist small businesses affected by the storm, and provide $7 million for repairs to various federal buildings damaged by the storm.

Homeland Security — $6.544 billion

In this amendment, FEMA’s Disaster Relief Fund will receive additional funding for disaster recovery and relief efforts, including individual and public assistance. In addition, the funding will restore funding for operational losses to DHS agencies like Customs and Border Protection, Immigration and Customs Enforcement, and the Coast Guard.

Interior and Environment — $1.166 billion

The amendment provides funding to address storm-damage repairs to Department of the Interior buildings and facilities, including national parks, national wildlife refuges, fish hatcheries, and other sites. Funding will also be used for wetland restoration. In addition, the amendment provides funding for EPA state grants for water and wastewater treatment infrastructure and environmental mediation.

Labor, Health and Human Services, and Education — $725 million

This funding will go to help provide health services, including mental health treatment, education and training either directly or through dislocated worker emergency grants, case management, domestic violence services, and child welfare/youth services in the wake of the storm. In addition, the funding will support the reconstruction and repair of health and child care facilities, damaged Head Start facilities, and damaged Social Security Administration buildings and equipment.

Transportation, Housing and Urban Development — $19.773 billion

The amendment provides funding for repairs to Sandy-related damage to roads, bridges and tunnels through the Federal Highway Administration’s Emergency Relief Program as well as the repair backlog for previous disasters. It also provides supplementary funding for repairs, replacement, and reconstruction for various transportation infrastructure: Federal Aviation Administration facilities and equipment; Amtrak rails and equipment; and affected public transportation infrastructure in the New York City metropolitan area (including the MetropolMetropolitan Transit Authority, the Port Authority of New York/New Jersey, New Jersey Transit, and ferries operated by the New York City Department of Transportation).  To support community and housing needs for Sandy and other 2011-2013 eligible disasters, the amendment also provides added funding for the Community Development Block Grant program to assist state and local governments meet needs for public infrastructure like hospitals, utilities and roads, repairs for small businesses, rental assistance, and other community development projects.

Cost

CBO score for H.R. 152:  $16.88 billion/10 years

CBO score for the Frelinghuysen amendment:   $33.67 billion/10 years

This amount is designated as an emergency pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).  The amounts of new budget authority, outlays, or revenue that result from a provision designated as an emergency in a PAYGO measure are not included in CBO estimates.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 122 Stat. 3585

Other Citations

  • 5 U.S.C. Chapter 5