[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 219 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 219

_______________________________________________________________________

                                 AN ACT


 
To improve and streamline disaster assistance for Hurricane Sandy, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Public assistance program alternative procedures.
Sec. 3. Federal assistance to individuals and households.
Sec. 4. Hazard mitigation.
Sec. 5. Dispute resolution pilot program.
Sec. 6. Unified Federal review.
Sec. 7. Simplified procedures.
Sec. 8. Essential assistance.
Sec. 9. Individual assistance factors.
Sec. 10. Tribal requests for a major disaster or emergency declaration 
                            under the Stafford Act.
Sec. 11. Recommendations for reducing costs of future disasters.

SEC. 2. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) by redesignating the second section 425 (relating to 
        essential service providers) as section 427; and
            (2) by adding at the end the following:

``SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

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

SEC. 3. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

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

SEC. 4. HAZARD MITIGATION.

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

SEC. 5. DISPUTE RESOLUTION PILOT PROGRAM.

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

SEC. 6. UNIFIED FEDERAL REVIEW.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (as amended by this Act) is further amended by adding at 
the end the following:

``SEC. 429. UNIFIED FEDERAL REVIEW.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, and in consultation with the Council on 
Environmental Quality and the Advisory Council on Historic 
Preservation, the President shall establish an expedited and unified 
interagency review process to ensure compliance with environmental and 
historic requirements under Federal law relating to disaster recovery 
projects, in order to expedite the recovery process, consistent with 
applicable law.
    ``(b) Contents.--The review process established under this section 
shall include mechanisms to expeditiously address delays that may occur 
during the recovery from a major disaster and be updated, as 
appropriate, consistent with applicable law.''.

SEC. 7. SIMPLIFIED PROCEDURES.

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

SEC. 8. ESSENTIAL ASSISTANCE.

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

SEC. 9. INDIVIDUAL ASSISTANCE FACTORS.

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

SEC. 10. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION 
              UNDER THE STAFFORD ACT.

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

``SEC. 103. REFERENCES.

    ``Except as otherwise specifically provided, any reference in this 
Act to `State and local', `State or local', `State, and local', `State, 
or local', or `State, local' (including plurals) with respect to 
governments or officials and any reference to a `local government' in 
sections 406(d)(3) and 417 is deemed to refer also to Indian tribal 
governments and officials, as appropriate.''.
    (e) Regulations.--
            (1) Issuance.--The President shall issue regulations to 
        carry out the amendments made by this section.
            (2) Factors.--In issuing the regulations, the President 
        shall consider the unique conditions that affect the general 
        welfare of Indian tribal governments.

SEC. 11. RECOMMENDATIONS FOR REDUCING COSTS OF FUTURE DISASTERS.

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

            Passed the House of Representatives January 14, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 219

_______________________________________________________________________

                                 AN ACT

To improve and streamline disaster assistance for Hurricane Sandy, and 
                          for other purposes.