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113-hr-141-ih-dtd | 113-hr-141 | 113 | hr | 141 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr141ih.xml | BILLS-113hr141ih.xml | 2023-01-08 17:42:53.825 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H566251DA5FE04B88A181BC423CCB4B8E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 141 IH: Gun Show Loophole Closing Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 141
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="M000309">
Mrs. McCarthy of New
York
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require criminal background checks on all firearms
transactions occurring at gun shows.
</official-title>
</form>
<legis-body id="H878E04BF531240B2A217415EBE667850" style="OLC">
<section id="HC872E070223F46DFBE60DBB896F53854" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Gun Show Loophole Closing Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H04C1F376494E4D2D99DC7DA5DDB3476F">
<enum>
2.
</enum>
<header>
Gun show
background check
</header>
<subsection id="H00C41506209043A9B39735185C3D2ACA">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
The
Congress finds that—
</text>
<paragraph id="H434C92E91BF145ECBA217F34C4A27513">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
approximately 5,200 traditional gun shows
are held annually across the United States, attracting thousands of attendees
per show and hundreds of Federal firearms licensees and unlicensed firearms
sellers; and
</text>
</paragraph>
<paragraph id="H6F03AB8EF8894044BF2D12203BD13FB1">
<enum>
(2)
</enum>
<text>
gun shows at which
firearms are exhibited or offered for sale or exchange provide a convenient and
centralized commercial location where criminals and other prohibited persons
obtain firearms without background checks and without records that enable
firearm tracing.
</text>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HBC22C8806A6C4A26BACA681A58409F8B">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/18/921">
Section 921(a)
</external-xref>
of title 18, United States
Code, is amended by adding at the end the following:
</text>
<quoted-block id="H5B22B34D1ECC4F6CA4E2274D0551BCAF" style="OLC">
<paragraph id="HC2B599DF158D46DFBBAF519C7E4B366D" indent="up1">
<enum>
(36)
</enum>
<header>
Gun show
</header>
<text>
The term
<term>
gun show
</term>
—
</text>
<subparagraph id="H5BDC8CC14F0144EFAEF3C68B11FF019D">
<enum>
(A)
</enum>
<text>
means any event at which 50 or more
firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more
of the firearms has been shipped or transported in, or otherwise affects,
interstate or foreign commerce;
</text>
</subparagraph>
<subparagraph id="HD525965BE04448D9B9AF7D345EC2149A">
<enum>
(B)
</enum>
<text>
does not include an offer or exhibit
of firearms for sale, exchange, or transfer by an individual from the personal
collection of that individual, at the private residence of that individual, if
the individual is not required to be licensed under section 923; and
</text>
</subparagraph>
<subparagraph id="HF1BC088B626C4B65B0FF2221045AD6DD">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
does not include an offer or exhibit of
firearms for sale, exchange, or transfer at events—
</text>
<clause id="H04DFBD4208BD4EED8B1D97ABF64FF428">
<enum>
(i)
</enum>
<text>
where not more than 100 firearms
are offered or exhibited for sale, exchange or transfer;
</text>
</clause>
<clause id="H962B05521E81494CA1813A4393AD4DCD">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
that are conducted by private,
not-for-profit organizations whose primary purpose is owning and maintaining
real property for the purpose of hunting activities; and
</text>
</clause>
<clause id="H37494DDEFA84408D965364563B8BC518">
<enum>
(iii)
</enum>
<text>
that are attended only by
permanent or annual dues-paying members of the organizations, and the members
of the immediate families of the dues-paying members.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H301DCB99BBA442BC86CD674F68972986" indent="up1">
<enum>
(37)
</enum>
<header>
Gun show vendor
</header>
<text>
The
term
<term>
gun show vendor
</term>
means a person who is not licensed under
section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a
firearm at a gun show, regardless of whether or not the person arranges with
the gun show operator for a fixed location from which to exhibit, sell, offer
for sale, transfer, or exchange the
firearm.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA7C7A593D8E04BBA8D68EB88E39B056C">
<enum>
(c)
</enum>
<header>
Regulation of
firearms transfers at gun shows
</header>
<paragraph id="HB709048099934618B0ECB029FF2331D1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Chapter 44 of such title is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H783CB1AC59F64437839C11FE0F986C86" style="USC">
<section id="HED761E0B012A4A1DA90DC9639C7AE23E">
<enum>
932.
</enum>
<header>
Regulation of
firearms transfers at gun shows
</header>
<subsection id="H12B2C3156EE348F59FD41D75A64782A1">
<enum>
(a)
</enum>
<header>
Registration of
gun show operators
</header>
<text>
It shall be unlawful for a person to operate a
gun show, unless—
</text>
<paragraph id="HB2CBD9A1D34B4F9AA25724A43FCA85CA">
<enum>
(1)
</enum>
<text>
the person has
attained 21 years of age;
</text>
</paragraph>
<paragraph id="H88B749FDB6D74CBE92DA9DBDC063E1A3">
<enum>
(2)
</enum>
<text>
the person (and,
if the person is a corporation, partnership, or association, each individual
possessing, directly or indirectly, the power to direct or cause the direction
of the management and policies of the corporation, partnership, or association)
is not prohibited by subsection (g) or (n) of section 922 from transporting,
shipping, or receiving firearms or ammunition in interstate or foreign
commerce;
</text>
</paragraph>
<paragraph id="HCD2D4EF3F2D3459BB6EB04E246FB0D6C">
<enum>
(3)
</enum>
<text>
the person has not
willfully violated any provision of this chapter or regulation issued under
this chapter;
</text>
</paragraph>
<paragraph id="H71B3AD28BA80465F97B3D9518D739975">
<enum>
(4)
</enum>
<text>
the person has
registered with the Attorney General as a gun show operator, in accordance with
regulations promulgated by the Attorney General, and as part of the
registration—
</text>
<subparagraph id="H9E014459EC274350A82D7D291A457E57">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
has provided the Attorney General with a
photograph and the fingerprints of the person; and
</text>
</subparagraph>
<subparagraph id="H7C9E989DBC6A47F28256F49B866209B6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
has certified that the person meets the
requirements of subparagraphs (A) through (D) of section 923(d)(1);
</text>
</subparagraph>
</paragraph>
<paragraph id="H7570173F7B6247678A545EE214AC68DA">
<enum>
(5)
</enum>
<text>
the person has not
willfully failed to disclose any material information required, and has not
made any false statement as to any material fact, in connection with the
registration; and
</text>
</paragraph>
<paragraph id="H4123E84CF148420381C408B91F64D8A2">
<enum>
(6)
</enum>
<text>
the person has
paid the Attorney General a fee for the registration, in an amount determined
by the Attorney General.
</text>
</paragraph>
</subsection>
<subsection id="H46BBCA5C15EF44F4B4BF8D0CB0B24B49">
<enum>
(b)
</enum>
<header>
Responsibilities
of gun show operators
</header>
<paragraph id="H35B8A35B699E4F51992788F76C08E1AA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
It shall be unlawful for a person to operate a gun show,
unless the person—
</text>
<subparagraph id="H772D97B276C84D519DEBD7830B089014">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
not later than 30 days before the
commencement of the gun show, notifies the Attorney General, in writing, of the
date, time, duration, and location of the gun show, and the identity of each
person who will be a gun show vendor at the gun show;
</text>
</subparagraph>
<subparagraph id="H5FE1412B8B1348ED8ACA73FFA74AC4D7">
<enum>
(B)
</enum>
<text>
before
commencement of the gun show—
</text>
<clause id="H049398DA19E649CEAC7F2EE4DEE035EB">
<enum>
(i)
</enum>
<text>
verifies the
identity of each individual who will be a gun show vendor at the gun show by
examining a valid identification document (as defined in section 1028(d)(3)) of
the individual containing a photograph of the individual; and
</text>
</clause>
<clause id="H4D3C06596C0E41E08E299235F45C0424">
<enum>
(ii)
</enum>
<text>
requires each
such individual to sign—
</text>
<subclause id="HC5DDFEF378E1431F9EB8B033FBCC1ADF">
<enum>
(I)
</enum>
<text>
a ledger, and
enter into the ledger identifying information concerning the individual;
and
</text>
</subclause>
<subclause id="H055446C55642491F84F017E3CE0D44D1">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
a notice which sets forth the obligations
of a gun show vendor under this chapter; and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H46158542C37C4CB2954CE16AFC589CDD">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
notifies each person who attends the gun
show of the requirements of this chapter, in accordance with such regulations
as the Attorney General shall prescribe.
</text>
</subparagraph>
</paragraph>
<paragraph id="H87A105517124433F8E52D7B8E2FC8F26">
<enum>
(2)
</enum>
<header>
Recordkeeping
</header>
<text display-inline="yes-display-inline">
A person who operates, or has operated, a
gun show shall maintain records demonstrating compliance with paragraph (1)(B),
at such place, for such period of time, and in such form as the Attorney
General shall require by regulation, or transmit the records to the Attorney
General.
</text>
</paragraph>
</subsection>
<subsection id="H0020C0942B6945B4A83596E1B98F9D02">
<enum>
(c)
</enum>
<header>
Background check
required before transfer of firearm between unlicensed persons
</header>
<text>
It
shall be unlawful for a person who is not licensed under this chapter to
transfer possession of, or title to, a firearm at, or on the curtilage of, a
gun show, to another person who is not so licensed, or for a person who is not
so licensed to receive possession of, or title to, a firearm at, or on the
curtilage of, a gun show from another person who is not so licensed, unless a
licensed importer, licensed manufacturer, or licensed dealer—
</text>
<paragraph id="H507A9E89FD5B4733BDF6EB76CD3E0E20">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
has entered into a separate bound record
the make, model, and serial number of the firearm, and such other information
about the transaction as the Attorney General may require by regulation;
and
</text>
</paragraph>
<paragraph id="H2542610834344EBE9645DEB3B6B3E361">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
has notified the prospective transferor and
prospective transferee of the firearm that the national instant criminal
background check system established under section 103 of the Brady Handgun
Violence Prevention Act has provided the licensee with a unique identification
number, indicating that receipt of the firearm by the prospective transferee
would not violate section 922 of this title or State law.
</text>
</paragraph>
</subsection>
<subsection id="H6C7F9740EF5C4D2093D054B834C951AD">
<enum>
(d)
</enum>
<header>
Recordkeeping
requirements
</header>
<paragraph id="H6E5892C2668F4C1899562ED09753E049">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
A licensee who provides a notice pursuant to subsection
(c)(2) with respect to the transfer of a firearm shall—
</text>
<subparagraph id="HCFCE8A6AED98478CAC4AF81BBAFCF43F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
not later than 10 days after the date of
the transfer, submit to the Attorney General a report of the transfer, which
report shall specify the make, model, and serial number of the firearm, and
contain such other information and be on such form, as the Attorney General
shall require by regulation, except that the report shall not include the name
of or other identifying information relating to any person involved in the
transfer who is not licensed under this chapter; and
</text>
</subparagraph>
<subparagraph id="HBD40427C6E264E4DA771AD8B10E841C4">
<enum>
(B)
</enum>
<text>
retain a record of
the transfer, including the same information as would be required if the
transfer were from the inventory of the licensee, as part of the permanent
business records of the licensee.
</text>
</subparagraph>
</paragraph>
<paragraph id="H85C153ABEE6742A5B3CDE6CF6C53D2B5">
<enum>
(2)
</enum>
<header>
Limitation
</header>
<text>
The
Attorney General may not impose any recordkeeping requirement on any gun show
vendor by reason of this
section.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HEFECC5D1E1574F7EAAA7ACA7550AAFC8">
<enum>
(2)
</enum>
<header>
Penalties
</header>
<text>
Section
924(a) of such title is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1D1196318EB148EE9F9F5ABB98EAC7CD" style="OLC">
<paragraph id="H22365526A643471EAAF9002906D81670" indent="up1">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H49DA77D893DB4B1EA651126F6B665973">
<enum>
(A)
</enum>
<text>
Whoever knowingly
violates subsection (a) or (d) of section 932 shall be fined under this title,
imprisoned not more than 5 years, or both.
</text>
</subparagraph>
<subparagraph id="H0DE3654329894A3A8C00066EC5AC8DC0" indent="up1">
<enum>
(B)
</enum>
<text>
Whoever knowingly violates subsection
(b) or (c) of section 932, shall be—
</text>
<clause id="HFE41D9DE7D96426C9BD9323EF7BEF5B5">
<enum>
(i)
</enum>
<text>
fined under this title, imprisoned not
more than 2 years, or both; and
</text>
</clause>
<clause id="H02D0B65B7970464F829FF0405904AEAD">
<enum>
(ii)
</enum>
<text>
in the case of a second or subsequent
conviction, fined under this title, imprisoned not more than 5 years, or
both.
</text>
</clause>
</subparagraph>
<subparagraph id="H7787D9F4F48A412E97322554C588CF62" indent="up1">
<enum>
(C)
</enum>
<text>
In addition to any other penalties
imposed under this paragraph, the Attorney General may, with respect to any
person who knowingly violates any provision of section 932—
</text>
<clause id="HB0F4975C3EF74B2CB03CE9F23297AB54">
<enum>
(i)
</enum>
<text>
if the person is registered pursuant
to section 932(a), after notice and opportunity for a hearing, suspend for not
more than 6 months or revoke the registration of that person under section
932(a); and
</text>
</clause>
<clause id="H24E01A7C080D4901AF873991E95ECAAC">
<enum>
(ii)
</enum>
<text>
impose a civil fine in an amount
equal to not more than
$10,000.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H89DAF54D29CC493E8B7DA8BC8A0BAFE1">
<enum>
(3)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of contents for such chapter is amended by
adding at the end the following:
</text>
<quoted-block id="H07B582D3F85A486395DB8015B23D893C" style="USC">
<toc>
<toc-entry idref="HED761E0B012A4A1DA90DC9639C7AE23E" level="section">
Sec. 932. Regulation of firearms transfers at gun
shows.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HA9351B0C14DF48BA8E50B0A1E10A2938">
<enum>
(d)
</enum>
<header>
Inspection
authority
</header>
<text>
Section 923(g)(1) of such title is amended by adding at
the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0802753B70F7457AB76A7E9F4CEF49DD" style="OLC">
<subparagraph id="HF35B56BFB9F346FB913D17F72B01E46C">
<enum>
(E)
</enum>
<text>
Notwithstanding
subparagraph (B) of this paragraph, the Attorney General may enter during
business hours any place where a gun show operator operates a gun show or is
required to maintain records pursuant to section 932(b)(2), for purposes of
examining the records required by sections 923 and 932 and the inventory of
licensees conducting business at the gun show. The entry and examination shall
be conducted for the purposes of determining compliance with this chapter by
gun show operators and licensees conducting business at the gun show, and shall
not require a showing of reasonable cause or a
warrant.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H21F822E36E6644AB9741D4146AC3F3C2">
<enum>
(e)
</enum>
<header>
Reports of
multiple sales assisted by licensees at gun shows
</header>
<text>
Section
923(g)(3)(A) of such title is amended by inserting
<quote>
or provides pursuant
to section 932(c)(2) notice with respect to,
</quote>
after
<quote>
sells or
otherwise disposes of,
</quote>
.
</text>
</subsection>
<subsection id="HFBBC357C065D413186946AB24338E1FC">
<enum>
(f)
</enum>
<header>
Increased
penalties for serious recordkeeping violations by
licensees
</header>
<text>
Section 924(a)(3) of such title is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDAEE2336F91A421A955CC98E37EDF017" style="OLC">
<paragraph id="HFB46A5FFA448440AB4580B401E737EB9" indent="up1">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HD82C6647C98E43BEA40F530FD4674B16">
<enum>
(A)
</enum>
<text>
Except as provided in
subparagraph (B), any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly makes any false statement or
representation with respect to the information required by this chapter to be
kept in the records of a person licensed under this chapter, or violates
section 922(m), shall be fined under this title, imprisoned not more than 1
year, or both.
</text>
</subparagraph>
<subparagraph id="HDCC68AF10FC2418D90958CC8120930CD" indent="up1">
<enum>
(B)
</enum>
<text>
If the violation described in
subparagraph (A) is in relation to an offense—
</text>
<clause id="H9A43A7A2EFEA489E973ABE2118584D30">
<enum>
(i)
</enum>
<text>
under paragraph (1) or (3) of section
922(b), such person shall be fined under this title, imprisoned not more than 5
years, or both; or
</text>
</clause>
<clause id="H1826A2C92BEC4C6FBF09142C012B3D44">
<enum>
(ii)
</enum>
<text>
under subsection (a)(6) or (d) of
section 922, such person shall be fined under this title, imprisoned not more
than 10 years, or
both.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H034F24ECB203449E8FA10185B009A74C">
<enum>
(g)
</enum>
<header>
Increased
penalties for violations of criminal background check requirements
</header>
<paragraph id="H33FB75B7EA894199B08A12FB0142D12D">
<enum>
(1)
</enum>
<header>
Penalties
</header>
<text>
Section
924(a)(5) of such title is amended—
</text>
<subparagraph id="H2ABD7660F6D84F0E93461B358BD5C606">
<enum>
(A)
</enum>
<text>
by striking
<quote>
subsection (s) or (t) of section 922
</quote>
and inserting
<quote>
section 922(t)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H0EFE712A4A7F4170A23D69701DE8389C">
<enum>
(B)
</enum>
<text>
by striking
<quote>
1
</quote>
and inserting
<quote>
5
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B37F52F49BA488388B67BA79D6E3F64">
<enum>
(2)
</enum>
<header>
Elimination of
certain elements of offense
</header>
<text>
Section 922(t)(5) of such title is
amended by striking
<quote>
and, at the time
</quote>
and all that follows
through
<quote>
State law
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H78DBF869CAEA4B0A83897AE106E17576">
<enum>
(h)
</enum>
<header>
Authority To
hire personnel To inspect gun shows
</header>
<text display-inline="yes-display-inline">
The Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives may hire at least 40 additional Industry
Operations Investigators for the purpose of carrying out inspections of gun
shows (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/18/921">
section 921(a)(36)
</external-xref>
of title 18, United States
Code).
</text>
</subsection>
<subsection id="H83DD3EFF261D4FDD9515F4A6445C297D">
<enum>
(i)
</enum>
<header>
Report to the
Congress
</header>
<text display-inline="yes-display-inline">
The Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial
reports to the Congress on how firearms (as defined in section 921(a)(3) of
title 18, United States Code) are sold at gun shows (as defined in paragraph
(36) of such section), how this section is being carried out, whether firearms
are being sold without background checks conducted by the national instant
criminal background check system established under section 103 of the Brady
Handgun Violence Prevention Act, what resources are needed to carry out this
section, and any recommendations for improvements to ensure that firearms are
not sold without the background checks.
</text>
</subsection>
<subsection id="H058CDD658881437BB2A329C10278206E">
<enum>
(j)
</enum>
<header>
Effective
date
</header>
<text>
This section and the amendments made by this section shall
take effect 180 days after the date of enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 141 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require criminal background checks on all firearms transactions occurring at gun shows.
1. Short title This Act may be cited as the Gun Show Loophole Closing Act of 2013 . 2. Gun show background check (a) Findings The Congress finds that— (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Gun show The term gun show — (A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; (B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and (C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events— (i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; (ii) that are conducted by private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and (iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues-paying members. (37) Gun show vendor The term gun show vendor means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm. . (c) Regulation of firearms transfers at gun shows (1) In general Chapter 44 of such title is amended by adding at the end the following: 932. Regulation of firearms transfers at gun shows (a) Registration of gun show operators It shall be unlawful for a person to operate a gun show, unless— (1) the person has attained 21 years of age; (2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; (3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; (4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration— (A) has provided the Attorney General with a photograph and the fingerprints of the person; and (B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); (5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and (6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. (b) Responsibilities of gun show operators (1) In general It shall be unlawful for a person to operate a gun show, unless the person— (A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; (B) before commencement of the gun show— (i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and (ii) requires each such individual to sign— (I) a ledger, and enter into the ledger identifying information concerning the individual; and (II) a notice which sets forth the obligations of a gun show vendor under this chapter; and (C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. (2) Recordkeeping A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. (c) Background check required before transfer of firearm between unlicensed persons It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer— (1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and (2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. (d) Recordkeeping requirements (1) In general A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall— (A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and (B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. (2) Limitation The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section. . (2) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) (A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. (B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be— (i) fined under this title, imprisoned not more than 2 years, or both; and (ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. (C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932— (i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and (ii) impose a civil fine in an amount equal to not more than $10,000. . (3) Clerical amendment The table of contents for such chapter is amended by adding at the end the following: Sec. 932. Regulation of firearms transfers at gun shows. . (d) Inspection authority Section 923(g)(1) of such title is amended by adding at the end the following: (E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant. . (e) Reports of multiple sales assisted by licensees at gun shows Section 923(g)(3)(A) of such title is amended by inserting or provides pursuant to section 932(c)(2) notice with respect to, after sells or otherwise disposes of, . (f) Increased penalties for serious recordkeeping violations by licensees Section 924(a)(3) of such title is amended to read as follows: (3) (A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. (B) If the violation described in subparagraph (A) is in relation to an offense— (i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or (ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both. . (g) Increased penalties for violations of criminal background check requirements (1) Penalties Section 924(a)(5) of such title is amended— (A) by striking subsection (s) or (t) of section 922 and inserting section 922(t) ; and (B) by striking 1 and inserting 5 . (2) Elimination of certain elements of offense Section 922(t)(5) of such title is amended by striking and, at the time and all that follows through State law . (h) Authority To hire personnel To inspect gun shows The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective date This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act. |
113-hr-142-ih-dtd | 113-hr-142 | 113 | hr | 142 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr142ih.xml | BILLS-113hr142ih.xml | 2023-01-08 17:42:53.720 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H74D395DC211946EAAA0CEC1D93BC0C2B" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 142 IH: Stop Online Ammunition Sales Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 142
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="M000309">
Mrs. McCarthy of New
York
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require face to face purchases of ammunition, to
require licensing of ammunition dealers, and to require reporting regarding
bulk purchases of ammunition.
</official-title>
</form>
<legis-body id="H35C02A211A5A4C27A9B45B045289A4E8" style="OLC">
<section id="H8492608F7C0845909B288697B720F428" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Stop Online Ammunition Sales Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H513C1D75DD674F068E1ABBC361913813">
<enum>
2.
</enum>
<header>
Limitations on
purchases of ammunition
</header>
<subsection id="H63C5D6EABB304ED484618D1BB63FDFDF">
<enum>
(a)
</enum>
<header>
Licensing of
ammunition dealers
</header>
<paragraph id="H688B9E82BCCB46CC839DCD2E3C96A31E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/923">
Section 923(a)
</external-xref>
of title 18, United States Code, is
amended in the matter preceding paragraph (1), in the first sentence, by
striking
<quote>
, or importing or manufacturing
</quote>
and inserting
<quote>
or
</quote>
.
</text>
</paragraph>
<paragraph id="H50F969AB6B6C4026B0CD707729825393">
<enum>
(2)
</enum>
<header>
Conforming
amendment
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/921">
Section 921(a)(11)(A)
</external-xref>
of title 18, United States Code,
is amended by inserting
<quote>
or ammunition
</quote>
after
<quote>
firearms
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H2F33846DC9D942BA80019BAE87C8E376">
<enum>
(b)
</enum>
<header>
Requirement for
face to face sales of and licensing To sell ammunition
</header>
<text>
Section
922 of such title is amended—
</text>
<paragraph id="H9E222BE1F36D4E13857282C4754A8CEC">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1)—
</text>
<subparagraph id="H208BB9E6BB5B4D40AFED2A9712DD14AF">
<enum>
(A)
</enum>
<text>
by striking
<quote>
for any person—
</quote>
and all that follows through
<quote>
(A)
except
</quote>
and inserting
<quote>
(A) for any person except
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H3F3C641DF26A4D31B498DF5558FD5186">
<enum>
(B)
</enum>
<text>
by striking
subparagraph (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7E0B404860DB4E53BF2AEEA61DFB4B0D" style="OLC">
<subparagraph id="H24D1D442FB0346D4AF4C2A386B53B744" indent="up1">
<enum>
(B)
</enum>
<text>
for—
</text>
<clause id="HFD2E2AB7A08B49EC955CF81A680DFDEB">
<enum>
(i)
</enum>
<text>
any person except a licensed
importer, licensed manufacturer, or licensed dealer, to—
</text>
<subclause id="H67A143CF9E35457F940DEBF5A76F41AE">
<enum>
(I)
</enum>
<text>
sell ammunition, except that this
subclause shall not apply to a sale of ammunition by a person to a licensed
importer, licensed manufacturer, or licensed dealer; or
</text>
</subclause>
<subclause id="H7CAE8002C64E4D32A4CF1172D22BDE9E">
<enum>
(II)
</enum>
<text>
engage in the business of importing or
manufacturing ammunition, or in the course of such business, to ship,
transport, or receive any ammunition; or
</text>
</subclause>
</clause>
<clause id="HEF6099897EA3463ABBA04BA77FC9BF10">
<enum>
(ii)
</enum>
<text>
a licensed importer, licensed
manufacturer, or licensed dealer to transfer ammunition to a person unless the
licensed importer, licensed manufacturer, or licensed dealer has verified the
identity of the transferee by examining a valid identification document (as
defined in section 1028(d) of this title) of the transferee containing a
photograph of the transferee;
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0E412705E6774D5B91977ACB9A1DF384">
<enum>
(2)
</enum>
<text>
in subsection
(b)(5), by striking
<quote>
or armor-piercing
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H138AFB1A1BFC4ADF9C484C42A40C950F">
<enum>
(c)
</enum>
<header>
Limit on
shipping and transporting of ammunition
</header>
<text display-inline="yes-display-inline">
Section 922(a)(2) of such title is
amended—
</text>
<paragraph id="HF89C8627DCE3455396EB5D9DF01C85D2">
<enum>
(1)
</enum>
<text>
in the matter
preceding subparagraph (A), by inserting
<quote>
, or to ship or transport any
ammunition,
</quote>
after
<quote>
any firearm
</quote>
; and
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H1AB78361E179494BAC923B1077DEB56F">
<enum>
(2)
</enum>
<text>
in subparagraph
(B), by inserting
<quote>
or ammunition
</quote>
after
<quote>
a
firearm
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H539FE1C0B67240E9BAF658CE24CC034E">
<enum>
(d)
</enum>
<header>
Recordkeeping
regarding ammunition
</header>
<paragraph id="HC2C5423FDC38481BBE6633277A846BE3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 923(g) of such title is amended—
</text>
<subparagraph id="H327347CF09A74487BFEB5F6D14B7C600">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A)—
</text>
<clause id="H9D349FF4702C41DA8601A17C93441182">
<enum>
(i)
</enum>
<text>
in
the first sentence, by inserting
<quote>
or ammunition
</quote>
after
<quote>
other disposition of firearms
</quote>
; and
</text>
</clause>
<clause id="HF743F783FE9241ABA13D8186E302B195">
<enum>
(ii)
</enum>
<text>
in
the third sentence, by striking
<quote>
, or any licensed importer or
manufacturer of ammunition,
</quote>
and inserting
<quote>
, or any licensed
importer, manufacturer, or dealer of ammunition,
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H24B25A348FD7450D895B3CCCBDD2983D">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H04B312FC65D84C379306A55CBAD9D922" style="OLC">
<subparagraph id="H6AD7DA7D7EDC45E884F10FE879E5D1A6" indent="up2">
<enum>
(C)
</enum>
<text>
Each licensee shall prepare a report
of multiple sales or other dispositions whenever the licensee sells or
otherwise disposes of, at one time or during any 5 consecutive business days,
more than 1,000 rounds of ammunition to an unlicensed person. The report shall
be prepared on a form specified by the Attorney General and forwarded to the
office specified thereon and to the department of State police or State law
enforcement agency of the State or local law enforcement agency of the local
jurisdiction in which the sale or other disposition took place, not later than
the close of business on the day that the multiple sale or other disposition
occurs.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H6F99B11C048C47A4817039BAFE22C715">
<enum>
(2)
</enum>
<header>
Conforming
amendment
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/26/4182">
Section 4182(d)
</external-xref>
of the Internal Revenue Code of 1986
(relating to exemptions relating to firearms) is amended by inserting
<quote>
and except as provided in paragraph (1)(A) and (3)(C) of section 923(g)
of title 18, United States Code,
</quote>
before
<quote>
no person holding a
Federal license
</quote>
.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 142 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition.
1. Short title This Act may be cited as the Stop Online Ammunition Sales Act of 2013 . 2. Limitations on purchases of ammunition (a) Licensing of ammunition dealers (1) In general Section 923(a) of title 18, United States Code, is amended in the matter preceding paragraph (1), in the first sentence, by striking , or importing or manufacturing and inserting or . (2) Conforming amendment Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting or ammunition after firearms . (b) Requirement for face to face sales of and licensing To sell ammunition Section 922 of such title is amended— (1) in subsection (a)(1)— (A) by striking for any person— and all that follows through (A) except and inserting (A) for any person except ; and (B) by striking subparagraph (B) and inserting the following: (B) for— (i) any person except a licensed importer, licensed manufacturer, or licensed dealer, to— (I) sell ammunition, except that this subclause shall not apply to a sale of ammunition by a person to a licensed importer, licensed manufacturer, or licensed dealer; or (II) engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition; or (ii) a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to a person unless the licensed importer, licensed manufacturer, or licensed dealer has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee; ; and (2) in subsection (b)(5), by striking or armor-piercing . (c) Limit on shipping and transporting of ammunition Section 922(a)(2) of such title is amended— (1) in the matter preceding subparagraph (A), by inserting , or to ship or transport any ammunition, after any firearm ; and (2) in subparagraph (B), by inserting or ammunition after a firearm . (d) Recordkeeping regarding ammunition (1) In general Section 923(g) of such title is amended— (A) in paragraph (1)(A)— (i) in the first sentence, by inserting or ammunition after other disposition of firearms ; and (ii) in the third sentence, by striking , or any licensed importer or manufacturer of ammunition, and inserting , or any licensed importer, manufacturer, or dealer of ammunition, ; and (B) in paragraph (3), by adding at the end the following: (C) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any 5 consecutive business days, more than 1,000 rounds of ammunition to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs. . (2) Conforming amendment Section 4182(d) of the Internal Revenue Code of 1986 (relating to exemptions relating to firearms) is amended by inserting and except as provided in paragraph (1)(A) and (3)(C) of section 923(g) of title 18, United States Code, before no person holding a Federal license . |
113-hr-143-ih-dtd | 113-hr-143 | 113 | hr | 143 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr143ih.xml | BILLS-113hr143ih.xml | 2023-01-08 17:42:53.246 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H498B846D9D6443FF9F20BA129B537A15" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 143 IH: Lead By Example Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 143
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="R000589">
Mr. Rigell
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
, and in addition to the
<committee-name committee-id="HGO00">
Committee on Oversight and Government
Reform
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 5, United States Code, to provide that
matching contributions to the Thrift Savings Fund for Members of Congress be
made contingent on Congress completing action on a concurrent resolution on the
budget, for the fiscal year involved, which reduces the deficit, and for other
purposes.
</official-title>
</form>
<legis-body id="H1F83BB8FD0CF474391895C829F1BD292" style="OLC">
<section id="H42BEAC9BE2384DFCBB17F6F025069CBA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Lead By Example
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HDE1D0DD30B8F4E13B22B112CAF26873E">
<enum>
2.
</enum>
<header>
Condition
</header>
<text display-inline="no-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/5/8432">
Section 8432(c)
</external-xref>
of title 5, United States
Code, is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H55C261F3796C4C2CBE2925ABC6636B37" style="USC">
<paragraph id="H3FFAD48E2D034B71B8B5387FD75AB5F8" indent="up1">
<enum>
(4)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HE1F9D5072E264DE29A70A7C66A0F94E4">
<enum>
(A)
</enum>
<text>
Notwithstanding any
other provision of this section, no contribution under this subsection may be
made for the benefit of any Member—
</text>
<clause id="H9A67DF2917154B8B943740E0BF861884" indent="up1">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
with respect to any pay period beginning
before the date on which Congress completes action on a concurrent resolution
on the budget for the fiscal year in which the first day of such pay period
occurs; and
</text>
</clause>
<clause id="H7419655EE542443997D46DA559C229BA" indent="up1">
<enum>
(ii)
</enum>
<text>
unless—
</text>
<subclause id="H5B3B641D9EAA4D67B324E3C7AC4CCC01">
<enum>
(I)
</enum>
<text>
the deficit for the fiscal year
referred to in clause (i) (as set forth in the concurrent resolution on the
budget for such fiscal year), is less than
</text>
</subclause>
<subclause id="HC8B51921668D4D61BF93378B74F756DF">
<enum>
(II)
</enum>
<text>
the deficit for the preceding
fiscal year (as set forth in the concurrent resolution on the budget for such
preceding fiscal year).
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H708B4531A12748DEA9061D4DB0CADE17" indent="up1">
<enum>
(B)
</enum>
<text>
If a determination under subparagraph
(A)(ii) cannot be made with respect to a fiscal year (as referred to in
subclause (I) thereof) due to a failure by Congress to complete action on a
concurrent resolution on the budget for the preceding fiscal year (as referred
to in subclause (II) thereof) the condition under subparagraph (A)(ii) shall be
considered not to have been met for purposes of the fiscal year referred to in
subclause (I) thereof.
</text>
</subparagraph>
<subparagraph id="H215FDED1627941808B62C2AD1DB90FB3" indent="up1">
<enum>
(C)
</enum>
<text>
Clause (ii) of subparagraph (A) and
subparagraph (B) shall cease to apply after the date on which Congress
completes action on a concurrent resolution on the budget for the first fiscal
year, following the date of the enactment of this paragraph, for which there is
no deficit (as determined based on the concurrent resolution on the budget for
such fiscal year).
</text>
</subparagraph>
<subparagraph id="HE0186B22C6DF4D5B8AFC088E6DE2ED7E" indent="up1">
<enum>
(D)
</enum>
<text>
For purposes of this paragraph, the
terms
<term>
concurrent resolution on the budget
</term>
and
<term>
deficit
</term>
have the respective meanings given them by section 3 of the Congressional
Budget and Impoundment Control Act of
1974.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H68722BBEF8354597BD5EEAB0E6A2FF5D">
<enum>
3.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
The amendment made by
this Act shall be effective with respect to contributions for pay periods
beginning in any fiscal year which begins after the date of the enactment of
this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 143 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Rigell introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide that matching contributions to the Thrift Savings Fund for Members of Congress be made contingent on Congress completing action on a concurrent resolution on the budget, for the fiscal year involved, which reduces the deficit, and for other purposes.
1. Short title This Act may be cited as the Lead By Example Act . 2. Condition Section 8432(c) of title 5, United States Code, is amended by adding at the end the following: (4) (A) Notwithstanding any other provision of this section, no contribution under this subsection may be made for the benefit of any Member— (i) with respect to any pay period beginning before the date on which Congress completes action on a concurrent resolution on the budget for the fiscal year in which the first day of such pay period occurs; and (ii) unless— (I) the deficit for the fiscal year referred to in clause (i) (as set forth in the concurrent resolution on the budget for such fiscal year), is less than (II) the deficit for the preceding fiscal year (as set forth in the concurrent resolution on the budget for such preceding fiscal year). (B) If a determination under subparagraph (A)(ii) cannot be made with respect to a fiscal year (as referred to in subclause (I) thereof) due to a failure by Congress to complete action on a concurrent resolution on the budget for the preceding fiscal year (as referred to in subclause (II) thereof) the condition under subparagraph (A)(ii) shall be considered not to have been met for purposes of the fiscal year referred to in subclause (I) thereof. (C) Clause (ii) of subparagraph (A) and subparagraph (B) shall cease to apply after the date on which Congress completes action on a concurrent resolution on the budget for the first fiscal year, following the date of the enactment of this paragraph, for which there is no deficit (as determined based on the concurrent resolution on the budget for such fiscal year). (D) For purposes of this paragraph, the terms concurrent resolution on the budget and deficit have the respective meanings given them by section 3 of the Congressional Budget and Impoundment Control Act of 1974. . 3. Effective date The amendment made by this Act shall be effective with respect to contributions for pay periods beginning in any fiscal year which begins after the date of the enactment of this Act. |
113-hr-144-ih-dtd | 113-hr-144 | 113 | hr | 144 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr144ih.xml | BILLS-113hr144ih.xml | 2023-01-08 17:42:53.360 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dublinCore>
<dc:title>
113 HR 144 IH: Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 144
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="S001148">
Mr. Simpson
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 28, United States Code, to provide for the
appointment of additional Federal circuit judges, to divide the Ninth Judicial
Circuit of the United States into two judicial circuits, and for other
purposes.
</official-title>
</form>
<legis-body id="H2DF9128E3AAE45A982C2ED88B7487E3F" style="OLC">
<section display-inline="no-display-inline" id="HA9A829854DC1409C9C80B869F82EFE59" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Ninth Circuit Court of Appeals
Judgeship and Reorganization Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H2066839F51274A15A0F21EDDFD93FAF8">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act—
</text>
<paragraph id="HC79C1C170CD444EE81129AFD06562524">
<enum>
(1)
</enum>
<text>
the term
<term>
former ninth circuit
</term>
means the ninth judicial circuit of the
United States as in existence on the day before the effective date of this
Act;
</text>
</paragraph>
<paragraph id="H9DB72F38D6DA492BBB79B9E40ECB5B7A">
<enum>
(2)
</enum>
<text>
the term
<term>
new
ninth circuit
</term>
means the ninth judicial circuit of the United States
established by the amendment made by section 3(2)(A); and
</text>
</paragraph>
<paragraph id="HC294CBDF14B64585B8AE035DA84628B6">
<enum>
(3)
</enum>
<text>
the term
<term>
twelfth circuit
</term>
means the twelfth judicial circuit of the United
States established by the amendment made by section 3(2)(B).
</text>
</paragraph>
</section>
<section id="HEDC5C4BB85EA4B809BA43999241369B7">
<enum>
3.
</enum>
<header>
Number and
composition of circuits
</header>
<text display-inline="no-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/28/41">
Section 41
</external-xref>
of title 28, United States Code,
is amended—
</text>
<paragraph id="HE41E7977DB714E83957A8E752AA4DF26">
<enum>
(1)
</enum>
<text>
in the matter
preceding the table, by striking
<quote>
thirteen
</quote>
and inserting
<quote>
fourteen
</quote>
; and
</text>
</paragraph>
<paragraph id="H36E002CE5126451FAC1127C105BB2D63">
<enum>
(2)
</enum>
<text>
in the
table—
</text>
<subparagraph id="HE9143512D6E048AAB348E2AB5C6C43FE">
<enum>
(A)
</enum>
<text>
by striking the
item relating to the ninth circuit and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H87BDDB2C389C4F93BB533359651416E2" style="OLC">
<table align-to-level="section" blank-lines-before="1" frame="none" line-rules="no-gen" rule-weights="0.0.0.4.0.0" subformat="S6211" table-type="2-General">
<tgroup cols="2" fnote-size="0" grid-typeface="1.1" thead-tbody-ldg-size="10.10.10" ttitle-size="0">
<colspec align="left" coldef="txt" colname="col1" colsep="1" colwidth="78" min-data-value="50"/>
<colspec align="left" coldef="txt-no-ldr" colname="col2" colsep="1" colwidth="78" min-data-value="50"/>
<tbody>
<row>
<entry align="left" colname="col1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr" stub-hierarchy="1">
Ninth
</entry>
<entry align="left" colname="col2" leader-modify="clr-ldr" rowsep="0">
California,
Guam, Hawaii, Northern Mariana Islands.
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
</subparagraph>
<subparagraph id="H7EF16B7BB2034D47AAC5719EFD582CE9">
<enum>
(B)
</enum>
<text>
by inserting after
the item relating to the eleventh circuit the following:
</text>
<quoted-block display-inline="no-display-inline" id="H81D077E1326D48C392BEAB7B9E05488F" style="OLC">
<table align-to-level="section" blank-lines-before="1" frame="none" line-rules="no-gen" rule-weights="0.0.0.4.0.0" subformat="S6211" table-type="2-General">
<tgroup cols="2" fnote-size="0" grid-typeface="1.1" thead-tbody-ldg-size="10.10.10" ttitle-size="0">
<colspec align="left" coldef="txt" colname="col1" colsep="1" colwidth="78" min-data-value="50"/>
<colspec align="left" coldef="txt-no-ldr" colname="col2" colsep="1" colwidth="78" min-data-value="50"/>
<tbody>
<row>
<entry align="left" colname="col1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr" stub-hierarchy="1">
Twelfth
</entry>
<entry align="left" colname="col2" leader-modify="clr-ldr" rowsep="0">
Alaska, Arizona,
Idaho, Montana, Nevada, Oregon, Washington.
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="HB1BE7D13CB0649ED9A90C32FCC86F127">
<enum>
4.
</enum>
<header>
Judgeships
</header>
<subsection id="HA42C76C27F264D00915547C7E0A55AE4">
<enum>
(a)
</enum>
<header>
New
judgeships
</header>
<paragraph id="H8C9CEB936B5349EEA2C5E791F4820DFA">
<enum>
(1)
</enum>
<header>
For former Ninth
Circuit
</header>
<text>
The President shall appoint, by and with the advice and
consent of the Senate, 2 additional circuit judges for the former ninth
circuit. The official duty station of a judge appointed under this paragraph
shall be in Arizona, California, or Nevada.
</text>
</paragraph>
<paragraph id="H0847845947B243E48B6F9A0D3354A95E">
<enum>
(2)
</enum>
<header>
For new Ninth
Circuit
</header>
<text>
The President shall appoint, by and with the advice and
consent of the Senate, 3 circuit judges for the new ninth circuit. The judges
authorized by this paragraph shall not be appointed before January 21,
2014.
</text>
</paragraph>
</subsection>
<subsection id="H0A1E26B123EA4FC381C07D419DADE07D">
<enum>
(b)
</enum>
<header>
Temporary
judgeships
</header>
<paragraph id="HB520808CE9394599A6E0ABE007C81A8B">
<enum>
(1)
</enum>
<header>
Appointment of
judges
</header>
<text>
The President shall appoint, by and with the advice and
consent of the Senate, 2 additional circuit judges for the former ninth
circuit. The official duty station of a judge appointed under this paragraph
shall be in Arizona, California, or Nevada.
</text>
</paragraph>
<paragraph id="HDF35384B03B0459DB8C39AC2303A24F6">
<enum>
(2)
</enum>
<header>
Effect of
vacancies
</header>
<text>
The first 2 vacancies occurring on the new ninth
circuit 10 years or more after judges are first confirmed to fill both
temporary circuit judgeships created by this subsection shall not be
filled.
</text>
</paragraph>
</subsection>
<subsection id="HB32F0A7EA8AE484497342891A70A0A05">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text>
This section shall take effect on the date of the enactment
of this Act.
</text>
</subsection>
</section>
<section id="H126F31B9BED348049C8C262BCCA6C0EE">
<enum>
5.
</enum>
<header>
Number of circuit
judges
</header>
<text display-inline="no-display-inline">
The table contained in
<external-xref legal-doc="usc" parsable-cite="usc/28/44">
section 44(a)
</external-xref>
of title 28, United States Code, is amended—
</text>
<paragraph id="HF18F058C2DF444D3BC3D8B6F2DA830F6">
<enum>
(1)
</enum>
<text>
by striking the
item relating to the ninth circuit and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE4E64197E2A74EB386BC36C850058F4F" style="OLC">
<table align-to-level="section" blank-lines-before="1" frame="none" line-rules="no-gen" rule-weights="0.0.0.4.0.0" subformat="S6211" table-type="2-General">
<tgroup cols="2" fnote-size="0" grid-typeface="1.1" thead-tbody-ldg-size="10.10.10" ttitle-size="0">
<colspec align="left" coldef="txt" colname="col1" colsep="1" colwidth="78" min-data-value="50"/>
<colspec align="left" coldef="txt-no-ldr" colname="col2" colsep="1" colwidth="78" min-data-value="50"/>
<tbody>
<row>
<entry align="left" colname="col1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr" stub-hierarchy="1">
Ninth
</entry>
<entry align="left" colname="col2" leader-modify="clr-ldr" rowsep="0">
25
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="paragraph">
and
</continuation-text>
</paragraph>
<paragraph id="HD23CD971918B4ACE93D0859D9ED160AB">
<enum>
(2)
</enum>
<text>
by inserting after
the item relating to the eleventh circuit the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD7A8F1CC85494DF289310176E147881D" style="OLC">
<table align-to-level="section" blank-lines-before="1" frame="none" line-rules="no-gen" rule-weights="0.0.0.4.0.0" subformat="S6211" table-type="2-General">
<tgroup cols="2" fnote-size="0" grid-typeface="1.1" thead-tbody-ldg-size="10.10.10" ttitle-size="0">
<colspec align="left" coldef="txt" colname="col1" colsep="1" colwidth="78" min-data-value="50"/>
<colspec align="left" coldef="txt-no-ldr" colname="col2" colsep="1" colwidth="78" min-data-value="50"/>
<tbody>
<row>
<entry align="left" colname="col1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr" stub-hierarchy="1">
Twelfth
</entry>
<entry align="left" colname="col2" leader-modify="clr-ldr" rowsep="0">
9
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H4E5A044383CF4BCA91DA08731AD4AA2B">
<enum>
6.
</enum>
<header>
Places of circuit
court
</header>
<text display-inline="no-display-inline">
The table contained in
<external-xref legal-doc="usc" parsable-cite="usc/28/48">
section 48(a)
</external-xref>
of title 28, United States Code, is amended—
</text>
<paragraph id="HFC23EA06BD1E4C1484158720828CB536">
<enum>
(1)
</enum>
<text>
by striking the
item relating to the ninth circuit and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6DD96FBD62544623A3A39A8423D9D18C" style="OLC">
<table align-to-level="section" blank-lines-before="1" frame="none" line-rules="no-gen" rule-weights="0.0.0.4.0.0" subformat="S6211" table-type="2-General">
<tgroup cols="2" fnote-size="0" grid-typeface="1.1" thead-tbody-ldg-size="10.10.10" ttitle-size="0">
<colspec align="left" coldef="txt" colname="col1" colsep="1" colwidth="78" min-data-value="50"/>
<colspec align="left" coldef="txt-no-ldr" colname="col2" colsep="1" colwidth="78" min-data-value="50"/>
<tbody>
<row>
<entry align="left" colname="col1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr" stub-hierarchy="1">
Ninth
</entry>
<entry align="left" colname="col2" leader-modify="clr-ldr" rowsep="0">
Honolulu, San
Francisco, Pasadena.
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="paragraph">
and
</continuation-text>
</paragraph>
<paragraph id="H7521E68EE073465CA83E881490F65B9E">
<enum>
(2)
</enum>
<text>
by inserting after
the item relating to the eleventh circuit the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA65F63F4523541DC99699874BF36EC92" style="OLC">
<table align-to-level="section" blank-lines-before="1" frame="none" line-rules="no-gen" rule-weights="0.0.0.4.0.0" subformat="S6211" table-type="2-General">
<tgroup cols="2" fnote-size="0" grid-typeface="1.1" thead-tbody-ldg-size="10.10.10" ttitle-size="0">
<colspec align="left" coldef="txt" colname="col1" colsep="1" colwidth="78" min-data-value="50"/>
<colspec align="left" coldef="txt-no-ldr" colname="col2" colsep="1" colwidth="78" min-data-value="50"/>
<tbody>
<row>
<entry align="left" colname="col1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr" stub-hierarchy="1">
Twelfth
</entry>
<entry align="left" colname="col2" leader-modify="clr-ldr" rowsep="0">
Phoenix,
Seattle.
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8782B219C3DC4D398913E6FEDEAA5440">
<enum>
7.
</enum>
<header>
Assignment of
circuit judges
</header>
<subsection id="H9612C86D9F994FA394720D25E8C27A15">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as provided in
subsection (b), each circuit judge of the former ninth circuit who is in
regular active service and whose official duty station on the day before the
effective date of this Act—
</text>
<paragraph id="HB3C4C9779CCE47FE875E66ECB9B25DF7">
<enum>
(1)
</enum>
<text>
is in California,
Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the
new ninth circuit as of such effective date; and
</text>
</paragraph>
<paragraph id="HD7CD655394A74E1BA25FF228C79ABE92">
<enum>
(2)
</enum>
<text>
is in Alaska,
Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge
of the twelfth circuit as of such effective date.
</text>
</paragraph>
</subsection>
<subsection id="H59879A2C69C142178822922F9B91867F">
<enum>
(b)
</enum>
<header>
Special rule To
ensure statutory distribution of judges
</header>
<text display-inline="yes-display-inline">
If the assignment of judges under
subsection (a) would result in a number of judges in either the new ninth
circuit or the twelfth circuit that exceeds the number provided for that
circuit in the table contained in
<external-xref legal-doc="usc" parsable-cite="usc/28/44">
section 44(a)
</external-xref>
of title 28, United States
Code, as amended by section 5 of this Act, then a number of judges accounting
for such excess who are the least senior in commission shall be assigned to the
other circuit.
</text>
</subsection>
</section>
<section id="HD7CA97DBC09F4F5FAB275C7F37818B98">
<enum>
8.
</enum>
<header>
Election of
assignment by senior judges
</header>
<text display-inline="no-display-inline">
Each judge who is a senior circuit judge of
the former ninth circuit on the day before the effective date of this Act may
elect to be assigned to the new ninth circuit or to the twelfth circuit as of
such effective date, and shall notify the Director of the Administrative Office
of the United States Courts of such election.
</text>
</section>
<section id="HF0466F9BB636409D9225465D097D29FA">
<enum>
9.
</enum>
<header>
Seniority of
judges
</header>
<text display-inline="no-display-inline">
The seniority of each
judge—
</text>
<paragraph id="H02042B3B76514D0C93A359D5EDDAB8F4">
<enum>
(1)
</enum>
<text>
who is assigned
under section 7, or
</text>
</paragraph>
<paragraph id="H81676D5BCA054FC99413F62C7DDA49A6">
<enum>
(2)
</enum>
<text>
who elects to be
assigned under section 8,
</text>
</paragraph>
<continuation-text continuation-text-level="section">
shall run from
the date of commission of such judge as a judge of the former ninth
circuit.
</continuation-text>
</section>
<section id="H02B11D7F613C46999E1D0FDB0D6844EB">
<enum>
10.
</enum>
<header>
Application to
cases
</header>
<text display-inline="no-display-inline">
The following apply to
any case in which, on the day before the effective date of this Act, an appeal
or other proceeding has been filed with the former ninth circuit:
</text>
<paragraph id="HEF31F607E3E64BF58AAE3ACAAD310344">
<enum>
(1)
</enum>
<text>
If the matter has
been submitted for decision, further proceedings with respect to the matter
shall be had in the same manner and with the same effect as if this Act had not
been enacted.
</text>
</paragraph>
<paragraph id="HD7FC68E7D2D04BD487236B304C90FA09">
<enum>
(2)
</enum>
<text>
If the matter has
not been submitted for decision, the appeal or proceeding, together with the
original papers, printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the matter would have
been submitted had this Act been in full force and effect at the time such
appeal was taken or other proceeding commenced, and further proceedings with
respect to the case shall be had in the same manner and with the same effect as
if the appeal or other proceeding had been filed in such court.
</text>
</paragraph>
<paragraph id="HCA408A0B3D794AC78D7A6ED6FA0F2FEE">
<enum>
(3)
</enum>
<text>
A
petition for rehearing or a petition for rehearing en banc in a matter decided
before the effective date of this Act, or submitted before the effective date
of this Act and decided on or after such effective date as provided in
paragraph (1), shall be treated in the same manner and with the same effect as
though this Act had not been enacted. If a petition for rehearing en banc is
granted, the matter shall be reheard by a court comprised as though this Act
had not been enacted.
</text>
</paragraph>
</section>
<section id="H8860838F11AA4E4EAA4A7CA2A77C9AD0">
<enum>
11.
</enum>
<header>
Temporary
assignment of circuit judges between circuits
</header>
<text display-inline="no-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/28/291">
Section 291
</external-xref>
of title 28, United States Code,
is amended by adding at the end the following new subsections:
</text>
<quoted-block id="H2F36D5DC0CB3470B989C63C0720ECB75">
<subsection id="H1097592976BF48329154DE31676D29C2">
<enum>
(c)
</enum>
<text>
The chief judge of
the Ninth Circuit may, in the public interest and upon request by the chief
judge of the Twelfth Circuit, designate and assign temporarily any circuit
judge of the Ninth Circuit to act as circuit judge in the Twelfth
Circuit.
</text>
</subsection>
<subsection id="H810FFB682290410B9D9AB2E00F7D3165">
<enum>
(d)
</enum>
<text>
The chief judge of
the Twelfth Circuit may, in the public interest and upon request by the chief
judge of the Ninth Circuit, designate and assign temporarily any circuit judge
of the Twelfth Circuit to act as circuit judge in the Ninth
Circuit.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H1DC944BEEBC848238BCD192DEB2A8EF0">
<enum>
12.
</enum>
<header>
Temporary
assignment of district judges between circuits
</header>
<text display-inline="no-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/28/292">
Section 292
</external-xref>
of title 28, United States Code,
is amended by adding at the end the following new subsections:
</text>
<quoted-block id="H04E7D9855D994904B5804F9C79E0726D">
<subsection id="H122AAB00C7334CE9A26A975806EFBB23">
<enum>
(f)
</enum>
<text>
The chief judge of
the Ninth Circuit may in the public interest—
</text>
<paragraph id="H6F538BB248D84B6E86D2D5DE780642CC">
<enum>
(1)
</enum>
<text>
upon request by
the chief judge of the Twelfth Circuit, designate and assign one or more
district judges within the Ninth Circuit to sit upon the Court of Appeals of
the Twelfth Circuit or a division thereof whenever the business of that court
so requires; and
</text>
</paragraph>
<paragraph id="H684A6F3A44424CA3A898A5B5AE8A31B1">
<enum>
(2)
</enum>
<text>
designate and
assign temporarily any district judge of the Ninth Circuit to hold a district
court in any district within the Twelfth Circuit.
</text>
</paragraph>
</subsection>
<subsection id="HFF336F7514364009BCF60AABC1ACD56E">
<enum>
(g)
</enum>
<text>
The chief judge of
the Twelfth Circuit may in the public interest—
</text>
<paragraph id="HF0053D9EF7E94A2AA9E1D029ABCA566F">
<enum>
(1)
</enum>
<text>
upon request by
the chief judge of the Ninth Circuit, designate and assign one or more district
judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth
Circuit or a division thereof whenever the business of that court so requires;
and
</text>
</paragraph>
<paragraph id="H0ADCAC1ABDC94828BCF38E28083E43B3">
<enum>
(2)
</enum>
<text>
designate and
assign temporarily any district judge of the Twelfth Circuit to hold a district
court in any district within the Ninth Circuit.
</text>
</paragraph>
</subsection>
<subsection id="H8C8AA285976E44CE8C94BB79852706F3">
<enum>
(h)
</enum>
<text>
Any designation
and assignment of a judge under subsection (f)(1) or (g)(1) shall be in
conformity with the rules or orders of the court of appeals of the circuit to
which the judge is designated and
assigned.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H1FA5FE8B6007434197674D5A900B8778">
<enum>
13.
</enum>
<header>
Administrative
coordination
</header>
<text display-inline="no-display-inline">
Section 332 of
title 28, United States Code, is amended by adding at the end the following new
subsection:
</text>
<quoted-block id="H00BBF7767A8647E3A855689F71BD495F">
<subsection id="HF8A60ECD8DE1462EB3AEC6EA214E89E0">
<enum>
(i)
</enum>
<text>
Any 2 contiguous
circuits may jointly carry out such administrative functions and activities as
the judicial councils of the 2 circuits determine may benefit from coordination
or
consolidation.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HDB6D7CB138514790A04E6F583C161FF0">
<enum>
14.
</enum>
<header>
Administration
</header>
<text display-inline="no-display-inline">
The United States Court of Appeals for the
Ninth Circuit as constituted on the day before the effective date of this Act
may take such administrative action as may be required to carry out this Act
and the amendments made by this Act. Such court shall cease to exist for
administrative purposes upon the expiration of the 2-year period beginning on
the effective date of this Act.
</text>
</section>
<section id="HC16F08FECA1B4483B2C5275A942F3B65">
<enum>
15.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
Except as provided in
section 4(c), this Act and the amendments made by this Act shall take effect on
the first day of the first fiscal year that begins after the expiration of the
9-month period beginning on the first date on which 5 of the judges authorized
to be appointed under section 4 have been confirmed by the United States
Senate.
</text>
</section>
<section id="H887A0ED4F60B42A4ACF88F064D239E1F">
<enum>
16.
</enum>
<header>
Authorization of
Appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated such sums as may be necessary to carry out this
Act, including funds for additional court facilities.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 144 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes.
1. Short title This Act may be cited as the Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2013 . 2. Definitions In this Act— (1) the term former ninth circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). 3. Number and composition of circuits Section 41 of title 28, United States Code, is amended— (1) in the matter preceding the table, by striking thirteen and inserting fourteen ; and (2) in the table— (A) by striking the item relating to the ninth circuit and inserting the following: Ninth California, Guam, Hawaii, Northern Mariana Islands. ; and (B) by inserting after the item relating to the eleventh circuit the following: Twelfth Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington. . 4. Judgeships (a) New judgeships (1) For former Ninth Circuit The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit. The official duty station of a judge appointed under this paragraph shall be in Arizona, California, or Nevada. (2) For new Ninth Circuit The President shall appoint, by and with the advice and consent of the Senate, 3 circuit judges for the new ninth circuit. The judges authorized by this paragraph shall not be appointed before January 21, 2014. (b) Temporary judgeships (1) Appointment of judges The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit. The official duty station of a judge appointed under this paragraph shall be in Arizona, California, or Nevada. (2) Effect of vacancies The first 2 vacancies occurring on the new ninth circuit 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective date This section shall take effect on the date of the enactment of this Act. 5. Number of circuit judges The table contained in section 44(a) of title 28, United States Code, is amended— (1) by striking the item relating to the ninth circuit and inserting the following: Ninth 25 ; and (2) by inserting after the item relating to the eleventh circuit the following: Twelfth 9 . 6. Places of circuit court The table contained in section 48(a) of title 28, United States Code, is amended— (1) by striking the item relating to the ninth circuit and inserting the following: Ninth Honolulu, San Francisco, Pasadena. ; and (2) by inserting after the item relating to the eleventh circuit the following: Twelfth Phoenix, Seattle. . 7. Assignment of circuit judges (a) In general Except as provided in subsection (b), each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act— (1) is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. (b) Special rule To ensure statutory distribution of judges If the assignment of judges under subsection (a) would result in a number of judges in either the new ninth circuit or the twelfth circuit that exceeds the number provided for that circuit in the table contained in section 44(a) of title 28, United States Code, as amended by section 5 of this Act, then a number of judges accounting for such excess who are the least senior in commission shall be assigned to the other circuit. 8. Election of assignment by senior judges Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. 9. Seniority of judges The seniority of each judge— (1) who is assigned under section 7, or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former ninth circuit. 10. Application to cases The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. 11. Temporary assignment of circuit judges between circuits Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections: (c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. (d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit. . 12. Temporary assignment of district judges between circuits Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections: (f) The chief judge of the Ninth Circuit may in the public interest— (1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and (2) designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. (g) The chief judge of the Twelfth Circuit may in the public interest— (1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and (2) designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. (h) Any designation and assignment of a judge under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated and assigned. . 13. Administrative coordination Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection: (i) Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation. . 14. Administration The United States Court of Appeals for the Ninth Circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes upon the expiration of the 2-year period beginning on the effective date of this Act. 15. Effective date Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on the first day of the first fiscal year that begins after the expiration of the 9-month period beginning on the first date on which 5 of the judges authorized to be appointed under section 4 have been confirmed by the United States Senate. 16. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities. |
113-hr-145-ih-dtd | 113-hr-145 | 113 | hr | 145 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr145ih.xml | BILLS-113hr145ih.xml | 2023-01-08 17:42:53.032 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H2DEC1958A3F147A0851B3FADA9F04A08" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 145 IH: Central Idaho Economic Development and Recreation Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 145
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="S001148">
Mr. Simpson
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To establish certain wilderness areas in central Idaho
and to authorize various land conveyances involving National Forest System land
and Bureau of Land Management land in central Idaho.
</official-title>
</form>
<legis-body id="HD129A6125356420FA335C7F307004EFF" style="OLC">
<section id="HE1EF06054C6D4349A3DD2BC5C5F6C276" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of
contents
</header>
<subsection id="H0550A27B143E4292AB410748DF724EC7">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Central Idaho Economic
Development and Recreation Act
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H3DE57D4635194C8BA999826D77C044CD">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc>
<toc-entry idref="HE1EF06054C6D4349A3DD2BC5C5F6C276" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="H23F831883276413C9284317DF396377C" level="section">
Sec. 2. Definitions.
</toc-entry>
<toc-entry idref="H112809C2926D41C1948403CF1E7194EE" level="title">
TITLE I—Wilderness designations
</toc-entry>
<toc-entry idref="HC07CD07DF70843CF85C2F13C1AF29D1B" level="section">
Sec. 101. Additions to the National Wilderness Preservation
System.
</toc-entry>
<toc-entry idref="HD2F8508218A54990AC9B1DAB63647E45" level="section">
Sec. 102. Administration.
</toc-entry>
<toc-entry idref="H9F56579DDBE643569293A3648BFDE26C" level="section">
Sec. 103. Water rights.
</toc-entry>
<toc-entry idref="HE8DE73857D5640C38E748BC18D8AE4AA" level="section">
Sec. 104. Military overflights.
</toc-entry>
<toc-entry idref="HF79BBCCFFE41434281036FA439500000" level="section">
Sec. 105. Adjacent management.
</toc-entry>
<toc-entry idref="H44FB9EEA90564066B297D0E7E7420FC5" level="section">
Sec. 106. Native American cultural and religious
uses.
</toc-entry>
<toc-entry idref="H8639E3A58B2342D98514D82282BFBB4F" level="section">
Sec. 107. Acquisition of land and interests in
land.
</toc-entry>
<toc-entry idref="H09FEE42FFD054255972390FA9D86F537" level="section">
Sec. 108. Wilderness review.
</toc-entry>
<toc-entry idref="H22D391FB71CD4EEA8CEE0715E656558C" level="title">
TITLE II—Land conveyances for public purposes
</toc-entry>
<toc-entry idref="HD6A8FB2061B842389FC151F1F60AB520" level="section">
Sec. 201. Blaine County, Idaho.
</toc-entry>
<toc-entry idref="H7646A40F0567458590868B0BEE84F46D" level="section">
Sec. 202. Custer County, Idaho.
</toc-entry>
<toc-entry idref="H56065EBF5CD64AB6B6839B7D41729BE9" level="section">
Sec. 203. City of Clayton, Idaho.
</toc-entry>
<toc-entry idref="HD4213650A7AB411E902BDA9D49F88434" level="section">
Sec. 204. Terms and conditions of permits or land
conveyances.
</toc-entry>
<toc-entry idref="HAA559BEA4FEA476A8697BB122B77974D" level="title">
TITLE III—Travel management
</toc-entry>
<toc-entry idref="H480DAB26AE984899B6DE9CB25F9FFCCB" level="section">
Sec. 301. Trail management.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H23F831883276413C9284317DF396377C">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H19FC71435B1A47CD8DC04146750E4C55">
<enum>
(1)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means—
</text>
<subparagraph id="HE727B64FB9374F74A204577AD92ED521">
<enum>
(A)
</enum>
<text>
the Secretary of
Agriculture, with respect to land administered by the Forest Service; or
</text>
</subparagraph>
<subparagraph id="H76051F59ACAE4077AE853ADA2665AA14">
<enum>
(B)
</enum>
<text>
the Secretary of
the Interior, with respect to land administered by the Bureau of Land
Management.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3FA322444C344D3CA004BAB6DDEFE9F1">
<enum>
(2)
</enum>
<header>
Wilderness
area
</header>
<text>
The term
<quote>
wilderness area
</quote>
means any of the
areas designated as a component of the National Wilderness Preservation System
by section 101(a).
</text>
</paragraph>
</section>
<title id="H112809C2926D41C1948403CF1E7194EE">
<enum>
I
</enum>
<header>
Wilderness
designations
</header>
<section id="HC07CD07DF70843CF85C2F13C1AF29D1B">
<enum>
101.
</enum>
<header>
Additions to
the National Wilderness Preservation System
</header>
<subsection id="HDDE0D5D768E24FBA85DED6EFD2066F5A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State of Idaho are designated as wilderness
areas and as components of the National Wilderness Preservation System:
</text>
<paragraph id="H1BA697DACEDE4D84AE44C13D7816130C">
<enum>
(1)
</enum>
<header>
Hemingway-boulders
wilderness
</header>
<text>
Certain Federal land in the Sawtooth and Challis
National Forests, comprising approximately 110,370 acres, as generally depicted
on the map entitled
<quote>
Hemingway-Boulders Proposed Wilderness
</quote>
and
dated October 20, 2008, which shall be known as the
<quote>
Hemingway-Boulders
Wilderness
</quote>
.
</text>
</paragraph>
<paragraph id="HB6A37EE58E844D519B3E8D3769B30428">
<enum>
(2)
</enum>
<header>
White clouds
wilderness
</header>
<text>
Certain Federal land in the Sawtooth and Challis
National Forests, comprising approximately 90,888 acres, as generally depicted
on the map entitled
<quote>
White Clouds Proposed Wilderness
</quote>
and dated
October 20, 2008, which shall be known as the
<quote>
White Clouds
Wilderness
</quote>
.
</text>
</paragraph>
<paragraph id="HF329A2F95D884570B4B37A90DDBA197E">
<enum>
(3)
</enum>
<header>
Jerry peak
wilderness
</header>
<text>
Certain Federal land in the Challis National Forest
and Challis District of the Bureau of Land Management, comprising approximately
131,670 acres, as generally depicted on the map entitled
<quote>
Jerry Peak
Wilderness
</quote>
and dated August 30, 2006, which shall be known as the
<quote>
Jerry Peak Wilderness
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HD65260D897BA4737A4AEFFA2D1268B85">
<enum>
(b)
</enum>
<header>
Maps and legal
descriptions
</header>
<paragraph id="H80B4B8FC6F584FBAAB0F8415E78CD8E2">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
As soon as practicable after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives a map and legal description for each wilderness area.
</text>
</paragraph>
<paragraph id="HDFF169C64F6F41BEBB9BE5EC7E5DA66B">
<enum>
(2)
</enum>
<header>
Effect
</header>
<text>
Each
map and legal description submitted under paragraph (1) shall have the same
force and effect as if included in this Act, except that the Secretary may
correct minor errors in the map or legal description.
</text>
</paragraph>
<paragraph id="H59495CEA838D45F89FC53817B6F666C7">
<enum>
(3)
</enum>
<header>
Availability
</header>
<text>
Each
map and legal description submitted under paragraph (1) shall be available in
the appropriate offices of the Forest Service or the Bureau of Land
Management.
</text>
</paragraph>
</subsection>
<subsection id="H4AB25E0C0A754DFFB8DA9670E3AED99E">
<enum>
(c)
</enum>
<header>
Inclusion in
national landscape conservation system
</header>
<text>
Land administered by the
Bureau of Land Management which is designated as wilderness by this section
shall be included in the National Landscape Conservation System.
</text>
</subsection>
</section>
<section id="HD2F8508218A54990AC9B1DAB63647E45">
<enum>
102.
</enum>
<header>
Administration
</header>
<subsection id="H2509FE01542847C5BA3FF992B2367CBE">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subject to valid existing rights, each wilderness area
shall be administered by the Secretary in accordance with the Wilderness Act
(
<external-xref legal-doc="usc" parsable-cite="usc/16/1131">
16 U.S.C. 1131 et seq.
</external-xref>
), except that—
</text>
<paragraph id="HD38E7A3E7AAF435EBC072E041F364FC1">
<enum>
(1)
</enum>
<text>
any reference in
that Act to the effective date shall be considered to be a reference to the
date of enactment of this Act; and
</text>
</paragraph>
<paragraph id="H5604CBABE4F64A70AF8EBF9C9BBD9522">
<enum>
(2)
</enum>
<text>
with respect to
wilderness areas that are administered by the Secretary of the Interior, any
reference in the Wilderness Act to the Secretary of Agriculture shall be
considered to be a reference to the Secretary of the Interior.
</text>
</paragraph>
</subsection>
<subsection id="H5453BE133F3A4FEB86C24F7B6FDED846">
<enum>
(b)
</enum>
<header>
Consistent
interpretation
</header>
<text>
The Secretary of Agriculture and the Secretary of
the Interior shall seek to ensure that the wilderness areas are interpreted for
the public as an overall complex linked by—
</text>
<paragraph id="H5A4795A557D4458AA355BECB7B913C41">
<enum>
(1)
</enum>
<text>
common location in
the Boulder-White Cloud Mountains; and
</text>
</paragraph>
<paragraph id="H9452816CD03E47E7A01AE877E2278FB3">
<enum>
(2)
</enum>
<text>
common identity
with the natural and cultural history of the State of Idaho and the Native
American and pioneer heritage of the State.
</text>
</paragraph>
</subsection>
<subsection id="H41382AB2471F408592B33318469859E2">
<enum>
(c)
</enum>
<header>
Comprehensive
wilderness management plan
</header>
<text>
Not later than 3 years after the date
of enactment of this Act, the Secretary of Agriculture and the Secretary of the
Interior shall collaboratively develop wilderness management plans for the
wilderness areas.
</text>
</subsection>
<subsection id="H934A13DBDFE2472BBFF1D293CDE30AD1">
<enum>
(d)
</enum>
<header>
Fire, insects,
and disease
</header>
<text>
Within the wilderness areas, the Secretary may take
such measures as the Secretary determines to be necessary for the control of
fire, insects, and disease in accordance with section 4(d)(1) of the Wilderness
Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1131">
16 U.S.C. 1131(d)(1)
</external-xref>
).
</text>
</subsection>
<subsection id="HF182062986F841FBB5A0B696DDEFF80F">
<enum>
(e)
</enum>
<header>
Livestock
</header>
<paragraph id="H18408D576CDB4AD2A01ABC3D2B4E79B5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Within the wilderness areas, the grazing of livestock in
which grazing is established before the date of enactment of this Act shall be
allowed to continue, subject to such reasonable regulations, policies, and
practices as the Secretary determines to be necessary, in accordance
with—
</text>
<subparagraph id="HDAFD9585DC90467D8AD77A770D311970">
<enum>
(A)
</enum>
<text>
section 4(d)(4) of
the Wilderness Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1131">
16 U.S.C. 1131(d)(4)
</external-xref>
);
</text>
</subparagraph>
<subparagraph id="H06C1A4BC4D0F4BFFB488A5BDB6D5B392">
<enum>
(B)
</enum>
<text>
with respect to
wilderness areas administered by the Secretary of Agriculture, the guidelines
described in House Report 96–617 of the 96th Congress; and
</text>
</subparagraph>
<subparagraph id="H9B92C7B8D8BF41CD82DCF12EC70848D1">
<enum>
(C)
</enum>
<text>
with respect to
wilderness areas administered by the Secretary of the Interior, the guidelines
described in appendix A of House Report 101–405 of the 101st Congress.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5A54807F443647D5B5E9C0C6E5C5DC9C">
<enum>
(2)
</enum>
<header>
Donation of
grazing permits and leases
</header>
<subparagraph id="H3E9CDCA206C74381A6C1FA40B104A007">
<enum>
(A)
</enum>
<header>
Acceptance by
secretary
</header>
<clause id="H302E3237E54F44D2AC039D074AEC325C">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall accept the donation of any valid
existing leases or permits authorizing grazing on public land or National
Forest System land, all or a portion of which are within the area depicted as
the
<quote>
Boulder White Clouds Grazing Area
</quote>
on the map entitled
<quote>
Boulder White Clouds Grazing Area Map
</quote>
and dated January 27,
2010.
</text>
</clause>
<clause id="HA715117638B94B95A2B75CD705146BE1">
<enum>
(ii)
</enum>
<header>
Partial
donation
</header>
<text>
A person holding a valid grazing permit or lease for a
grazing allotment partially within the area described in clause (i) may elect
to donate only the portion of the grazing permit or lease that is within the
area.
</text>
</clause>
</subparagraph>
<subparagraph id="H3733B3633FE345FB80A0745A1B83D12E">
<enum>
(B)
</enum>
<header>
Termination
</header>
<text>
With
respect to each permit or lease donated under subparagraph (A), the Secretary
shall—
</text>
<clause id="H37771C452D69403B8E69A78E67746614">
<enum>
(i)
</enum>
<text>
terminate the
grazing permit or lease or portion of the permit or lease; and
</text>
</clause>
<clause id="HD094A216E4C346E9ACEA1AE325D8DA23">
<enum>
(ii)
</enum>
<text>
except as
provided in subparagraph (C), ensure a permanent end to grazing on the land
covered by the permit or lease or portion of the permit or lease.
</text>
</clause>
</subparagraph>
<subparagraph id="H765316273E4141C0AF7D1B56FA22E819">
<enum>
(C)
</enum>
<header>
Common
allotments
</header>
<clause id="H2EC4757C11284BE9B240426E12196F9B">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
If the land covered by a permit or lease donated under
subparagraph (A) is also covered by another valid grazing permit or lease that
is not donated, the Secretary shall reduce the authorized level on the land
covered by the permit or lease to reflect the donation of the permit or lease
under subparagraph (A).
</text>
</clause>
<clause id="H3ED1972A865E42488A0D505EF5738191">
<enum>
(ii)
</enum>
<header>
Authorized
level
</header>
<text>
To ensure that there is a permanent reduction in the level
of grazing on the land covered by the permit or lease donated under
subparagraph (A), the Secretary shall not allow grazing use to exceed the
authorized level established under clause (i).
</text>
</clause>
</subparagraph>
<subparagraph id="HF99648FD40624FFF909975995D3DD0CC">
<enum>
(D)
</enum>
<header>
Partial
donation
</header>
<text>
If a person holding a valid grazing permit or lease
donates less than the full amount of grazing use authorized under the permit or
lease, the Secretary shall—
</text>
<clause id="H727EE582825340C292A44297F2EA75B5">
<enum>
(i)
</enum>
<text>
reduce the
authorized grazing level to reflect the donation; and
</text>
</clause>
<clause id="H8A4C0133815148AA97DB6937829175AC">
<enum>
(ii)
</enum>
<text>
modify the permit
or lease to reflect the revised level or area of use.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4472AE8E22644428AC7A94F2C078E95B">
<enum>
(f)
</enum>
<header>
Outfitting and
guide activities
</header>
<text>
In accordance with section 4(d)(5) of the
Wilderness Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1133">
16 U.S.C. 1133(d)(5)
</external-xref>
), commercial services (including
authorized outfitting and guide activities) within the wilderness areas are
authorized to the extent necessary for activities which are proper for
realizing the recreational or other wilderness purposes of the wilderness
areas.
</text>
</subsection>
<subsection id="H4B74902346044EA3818279DCCDA49E1F">
<enum>
(g)
</enum>
<header>
Fish and
wildlife
</header>
<paragraph id="H405F483F5B4D427FB33842ABC47195D1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Nothing in this title affects the jurisdiction of the
State of Idaho with respect to the management of fish and wildlife on public
land in the State, including the regulation of hunting, fishing, and trapping
within the wilderness areas.
</text>
</paragraph>
<paragraph id="HA6D750C5ED09447C9DAE6BF45B67C841">
<enum>
(2)
</enum>
<header>
Limitations
</header>
<text>
The
Secretary, in consultation with the appropriate State agency (except in an
emergency), may designate areas in which, and establish periods during which,
no hunting, fishing, or trapping is permitted within the wilderness areas for
reasons of public safety, administration, or compliance with existing
laws.
</text>
</paragraph>
</subsection>
<subsection id="H3CADE1672F1E403ABA7DF391660EF546">
<enum>
(h)
</enum>
<header>
Access
</header>
<text>
In
accordance with section 5(a) of the Wilderness Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1134">
16 U.S.C. 1134(a)
</external-xref>
), the
Secretary shall provide the owner of State or private property within the
boundary of a wilderness area adequate access to the property.
</text>
</subsection>
</section>
<section id="H9F56579DDBE643569293A3648BFDE26C">
<enum>
103.
</enum>
<header>
Water
rights
</header>
<subsection id="H70B2B6BBF6DA448E924747C8AC2C708A">
<enum>
(a)
</enum>
<header>
Statutory
construction
</header>
<text>
Nothing in this title—
</text>
<paragraph id="H6D848D0AD0E14DFD90943F04AEC7EBBB">
<enum>
(1)
</enum>
<text>
shall constitute
either an express or implied reservation by the United States of any water
rights with respect to the wilderness areas designated by section 101;
</text>
</paragraph>
<paragraph id="H9C9C497804A94A16BDCE5B1E4E09E26A">
<enum>
(2)
</enum>
<text>
affects any water
rights—
</text>
<subparagraph id="H1402BF5BB3984AA29C3F001F84612764">
<enum>
(A)
</enum>
<text>
in the State of
Idaho existing on the date of enactment of this Act, including any water rights
held by the United States; or
</text>
</subparagraph>
<subparagraph id="H98AD3F3990924EC18B1AF09B68E351CD">
<enum>
(B)
</enum>
<text>
decreed in the
Snake River Basin Adjudication, including any stipulation approved by the court
in such adjudication between the United States and the State of Idaho with
respect to such water rights; or
</text>
</subparagraph>
</paragraph>
<paragraph id="HF037495EC2C549FD8136EA49F4A2ADD2">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HAB7FB622635949C6913D6C85D3498AE2">
<enum>
(A)
</enum>
<text>
establishes a precedent
with regard to any future wilderness designations; or
</text>
</subparagraph>
<subparagraph id="H50160993237D4EDE9CBA5B1CED686C31" indent="up1">
<enum>
(B)
</enum>
<text>
limits, alters, modifies, or amends
section 9 of the Sawtooth National Recreation Area Act (16 U.S.C.
460aa–8).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9E517D3F5DF740FEA5A1761D984A37BB">
<enum>
(b)
</enum>
<header>
New projects
</header>
<paragraph id="HD19C54F97626467694F65D956671753A">
<enum>
(1)
</enum>
<header>
Prohibition
</header>
<text>
Except
as otherwise provided in this Act, on and after the date of the enactment of
this Act, neither the President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or issue a license or permit
for the development of any new water resource facility inside any of the
wilderness areas designated by section 101.
</text>
</paragraph>
<paragraph id="H866FBF3163654E6DAE618FFB4CB2D499">
<enum>
(2)
</enum>
<header>
Definition
</header>
<text>
In
this subsection, the term
<term>
water resource facility
</term>
means irrigation
and pumping facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, and other water diversion, storage, and carriage
structures.
</text>
</paragraph>
</subsection>
</section>
<section id="HE8DE73857D5640C38E748BC18D8AE4AA">
<enum>
104.
</enum>
<header>
Military
overflights
</header>
<text display-inline="no-display-inline">
Nothing in this
title restricts or precludes—
</text>
<paragraph id="H3E09673ED8634BB0AC4CB63F800FEA88">
<enum>
(1)
</enum>
<text>
low-level
overflights of military aircraft over the wilderness areas, including military
overflights that can be seen or heard within the wilderness areas;
</text>
</paragraph>
<paragraph id="H523CE1C19C1E4CA0B3E09C3F1F080254">
<enum>
(2)
</enum>
<text>
flight testing and
evaluation; or
</text>
</paragraph>
<paragraph id="H030D21A9A5CA4984921D0503089BA158">
<enum>
(3)
</enum>
<text>
the designation or
creation of new units of special use airspace, or the establishment of military
flight training routes, over the wilderness areas.
</text>
</paragraph>
</section>
<section id="HF79BBCCFFE41434281036FA439500000">
<enum>
105.
</enum>
<header>
Adjacent
management
</header>
<subsection id="H21B5DCB91AB4483F89A3E52047DEAEBC">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Nothing in this title
creates a protective perimeter or buffer zone around a wilderness area.
</text>
</subsection>
<subsection id="H117CB2302AF4468DA198F1A40AEC25CA">
<enum>
(b)
</enum>
<header>
Activities
outside wilderness area
</header>
<text display-inline="yes-display-inline">
The
fact that an activity or use on land outside a wilderness area can be seen or
heard within the wilderness area shall not preclude the activity or use outside
the boundary of the wilderness area.
</text>
</subsection>
</section>
<section id="H44FB9EEA90564066B297D0E7E7420FC5">
<enum>
106.
</enum>
<header>
Native American
cultural and religious uses
</header>
<text display-inline="no-display-inline">
Nothing in this title diminishes the treaty
rights of any Indian tribe.
</text>
</section>
<section id="H8639E3A58B2342D98514D82282BFBB4F">
<enum>
107.
</enum>
<header>
Acquisition of
land and interests in land
</header>
<subsection id="H1584331B52B942DC8E0CBCCE425ED0FA">
<enum>
(a)
</enum>
<header>
Acquisition
</header>
<paragraph id="H3DAEAEFDF55642EAA3420568E63BB737">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary may acquire any land or interest in land
within the boundaries of the wilderness areas by donation, exchange, or
purchase from a willing seller.
</text>
</paragraph>
<paragraph id="HF9BE701865BE4FD3A9494EF2495A2B0C">
<enum>
(2)
</enum>
<header>
Land
exchange
</header>
<text>
Not later than 3 years after the date of enactment of
this Act, the Secretary shall seek to complete an exchange for State land
located within the boundaries of the wilderness areas designated by this
title.
</text>
</paragraph>
</subsection>
<subsection id="H0363E748EB9C4032835E482A22B5F88F">
<enum>
(b)
</enum>
<header>
Incorporation in
wilderness area
</header>
<text>
Any land or interest in land located inside the
boundary of a wilderness area that is acquired by the United States after the
date of enactment of this Act shall be added to, and administered as part of
the, wilderness area.
</text>
</subsection>
</section>
<section id="H09FEE42FFD054255972390FA9D86F537">
<enum>
108.
</enum>
<header>
Wilderness
review
</header>
<subsection id="H1732955567B4452588FDEAF36043431C">
<enum>
(a)
</enum>
<header>
National forest
system land
</header>
<text>
Section 5 of
<external-xref legal-doc="public-law" parsable-cite="pl/92/400">
Public Law 92–400
</external-xref>
(
<external-xref legal-doc="usc" parsable-cite="usc/16/460aa-4">
16 U.S.C. 460aa–4
</external-xref>
) is
repealed.
</text>
</subsection>
<subsection id="H7B190B94960441889648006EA29C0ADE">
<enum>
(b)
</enum>
<header>
Public
land
</header>
<paragraph id="H3D2249C529BD4AB49DF86A2B0FEF15A7">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text>
Congress
finds that, for purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (
<external-xref legal-doc="usc" parsable-cite="usc/43/1782">
43 U.S.C. 1782
</external-xref>
), the public land administered by the
Bureau of Land Management in the following wilderness study areas have been
adequately studied for wilderness designation:
</text>
<subparagraph id="H3C9F5DDB983D47F18EC79F04A178B502">
<enum>
(A)
</enum>
<text>
Jerry Peak
Wilderness Study Area.
</text>
</subparagraph>
<subparagraph id="H8B83B283A69047AEA655BC00D5F40D00">
<enum>
(B)
</enum>
<text>
Jerry Peak West
Wilderness Study Area.
</text>
</subparagraph>
<subparagraph id="H9112FEFEAAD1457EB7F6A35F0D0A4CB0">
<enum>
(C)
</enum>
<text>
Corral-Horse Basin
Wilderness Study Area.
</text>
</subparagraph>
<subparagraph id="H168832EBBFFC484BB3A382729016E770">
<enum>
(D)
</enum>
<text>
Boulder Creek
Wilderness Study Area.
</text>
</subparagraph>
</paragraph>
<paragraph id="H23B00102AF294E449812C276F6E9BE2E">
<enum>
(2)
</enum>
<header>
Release
</header>
<text>
Any
public land within the areas described in paragraph (1) that is not designated
as wilderness by this title—
</text>
<subparagraph id="H399BC5AC759C4E3D8AEAF9287390D88B">
<enum>
(A)
</enum>
<text>
shall not be
subject to section 603(c) of the Federal Land Policy and Management Act of 1976
(
<external-xref legal-doc="usc" parsable-cite="usc/43/1782">
43 U.S.C. 1782(c)
</external-xref>
); and
</text>
</subparagraph>
<subparagraph id="HC0AAEDEBD45F463181E0733B11F94950">
<enum>
(B)
</enum>
<text>
shall be managed
in accordance with land management plans adopted under section 202 of that Act
(
<external-xref legal-doc="usc" parsable-cite="usc/43/1712">
43 U.S.C. 1712
</external-xref>
).
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</title>
<title id="H22D391FB71CD4EEA8CEE0715E656558C">
<enum>
II
</enum>
<header>
Land
conveyances for public purposes
</header>
<section id="HD6A8FB2061B842389FC151F1F60AB520">
<enum>
201.
</enum>
<header>
Blaine County,
Idaho
</header>
<subsection id="H5EA2CDEC07BE466D9E28A841BB3F6EC5">
<enum>
(a)
</enum>
<header>
Smiley creek
rural fire protection district
</header>
<paragraph id="HD60F877D8FFA4B0F830987F37A3B1696">
<enum>
(1)
</enum>
<header>
Fire
station
</header>
<subparagraph id="HA39BD0F3931D46C9981B862919986B2D">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Agriculture (referred to in this
subsection as the
<quote>
Secretary
</quote>
), in consultation with the Smiley
Creek Rural Fire Protection District, shall identify an appropriate site (not
to exceed 2 acres) in the vicinity of the Smiley Creek community, for
construction and use of a fire station for the Smiley Creek Rural Fire
Protection District.
</text>
</subparagraph>
<subparagraph id="H116CD61D324549B49472800ACD07D2B9">
<enum>
(B)
</enum>
<header>
Use
</header>
<text>
The
Secretary may provide for the use of the site identified under subparagraph (A)
through a special use permit or conveyance to the Smiley Creek Rural Fire
Protection District, without consideration.
</text>
</subparagraph>
</paragraph>
<paragraph id="H09DFF99D88D744ABB388BFD896F91C4D">
<enum>
(2)
</enum>
<header>
Well
site
</header>
<text>
The Secretary may issue a special use permit to the Smiley
Creek Rural Fire Protection District for development of a well to be used for
fire protection and other public purposes on land identified by the Secretary
and the Fire Protection District as appropriate for development of a
well.
</text>
</paragraph>
</subsection>
<subsection id="H83BD54CAB5F14E0D8FFDC9081E216070">
<enum>
(b)
</enum>
<header>
School bus
turnaround
</header>
<text>
The Secretary of Agriculture shall issue a special use
permit or convey, without consideration, to Blaine County, Idaho, not to exceed
1 acre of land for use as a school bus turnaround, as generally depicted on the
map entitled
<quote>
Blaine County Conveyance—Eagle Creek
Parcel—Proposed
</quote>
and dated October 1, 2006.
</text>
</subsection>
</section>
<section id="H7646A40F0567458590868B0BEE84F46D">
<enum>
202.
</enum>
<header>
Custer County,
Idaho
</header>
<subsection id="HA8E28C1E7BD041159BC0094A92FD1C7C">
<enum>
(a)
</enum>
<header>
Park and
campground
</header>
<text>
The Secretary of the Interior shall convey to Custer
County, Idaho, without consideration, approximately 114 acres of land depicted
as
<quote>
Parcel A
</quote>
on the map entitled
<quote>
Custer County and City of
Mackay Conveyances
</quote>
and dated April 6, 2010, for use as a public park
and campground, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the
<quote>
Recreation and Public Purposes Act
</quote>
), (43
U.S.C. 869 et seq.).
</text>
</subsection>
<subsection id="H2FD954EC6A6747109552C4C9C2642ECA">
<enum>
(b)
</enum>
<header>
Fire
hall
</header>
<text>
The Secretary of the Interior shall convey to Custer County,
Idaho, without consideration, approximately 10 acres of land depicted as
<quote>
Parcel B
</quote>
on the map entitled
<quote>
Custer County and City of
Mackay Conveyances
</quote>
and dated April 6, 2010, for use as a fire hall,
consistent with uses allowed under the Act of June 14, 1926 (commonly known as
the
<quote>
Recreation and Public Purposes Act
</quote>
), (43 U.S.C. 869 et
seq.).
</text>
</subsection>
<subsection id="H38A1BD0B3E374D9683D715999557681B">
<enum>
(c)
</enum>
<header>
Shooting
range
</header>
<text>
The Secretary of the Interior shall convey to Custer
County, Idaho, without consideration, approximately 201 acres of land depicted
as
<quote>
Parcel A
</quote>
on the map entitled
<quote>
Custer County and City of
Challis Conveyances
</quote>
and dated February 2, 2010, to be used for a public
shooting range, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the
<quote>
Recreation and Public Purposes Act
</quote>
), (43
U.S.C. 869 et seq.).
</text>
</subsection>
<subsection id="HC1F6FD4C0F234DE988E21329D42465A0">
<enum>
(d)
</enum>
<header>
Waste transfer
site
</header>
<text>
The Secretary of the Interior shall convey to Custer County,
Idaho, without consideration, approximately 80 acres of land depicted as
<quote>
Parcel C
</quote>
on the map entitled
<quote>
Custer County and City of
Mackay Conveyances
</quote>
and dated April 6, 2010, to be used for a waste
transfer site, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the
<quote>
Recreation and Public Purposes Act
</quote>
), (43
U.S.C. 869 et seq.).
</text>
</subsection>
<subsection id="H3E0E955007CF4345ADE511FD3B568C47">
<enum>
(e)
</enum>
<header>
Public
purposes
</header>
<text>
The Secretary of the Interior shall convey to the City
of Challis, Idaho, without consideration, approximately 460 acres of land
within the area generally depicted as
<quote>
Parcel B
</quote>
on the map
entitled
<quote>
Custer County and City of Challis Conveyances
</quote>
and dated
February 2, 2010, to be used for public purposes consistent with uses allowed
under the Act of June 14, 1926 (commonly known as the
<quote>
Recreation and
Public Purposes Act
</quote>
), (
<external-xref legal-doc="usc" parsable-cite="usc/43/869">
43 U.S.C. 869 et seq.
</external-xref>
).
</text>
</subsection>
</section>
<section id="H56065EBF5CD64AB6B6839B7D41729BE9">
<enum>
203.
</enum>
<header>
City of
Clayton, Idaho
</header>
<subsection id="H095F55EB2049415D82C384B52C56998B">
<enum>
(a)
</enum>
<header>
Cemetery
</header>
<text>
The
Secretary of the Interior shall convey to the City of Clayton, Idaho, without
consideration, approximately 23 acres of land depicted as
<quote>
Parcel
A
</quote>
on the map entitled
<quote>
City of Clayton Conveyances
</quote>
and
dated April 6, 2010, for use as a public cemetery.
</text>
</subsection>
<subsection id="H5333371BA283441BBA64C701F160ABEF">
<enum>
(b)
</enum>
<header>
Park
</header>
<text>
The
Secretary of the Interior shall convey to the City of Clayton, Idaho, without
consideration, approximately 2 acres of land depicted as
<quote>
Parcel
B
</quote>
on the map entitled
<quote>
City of Clayton Conveyances
</quote>
and
dated April 6, 2010, for use as a public park or other public purpose
consistent with uses allowed under the Act of June 14, 1926 (commonly known as
the
<quote>
Recreation and Public Purposes Act
</quote>
), (43 U.S.C. 869 et
seq.).
</text>
</subsection>
<subsection id="H7A177A1701A644A9980F2B31B98FD21E">
<enum>
(c)
</enum>
<header>
Water
tower
</header>
<text>
The Secretary of the Interior shall convey to the City of
Clayton, Idaho, without consideration, approximately 2 acres of land depicted
as
<quote>
Parcel C
</quote>
on the map entitled
<quote>
City of Clayton
Conveyances
</quote>
and dated April 6, 2010, for location of a water tower,
consistent with uses allowed under the Act of June 14, 1926 (commonly known as
the
<quote>
Recreation and Public Purposes Act
</quote>
), (43 U.S.C. 869 et
seq.).
</text>
</subsection>
<subsection id="H3A6F612CEE2C4EFAAD99FE84587D84E7">
<enum>
(d)
</enum>
<header>
Wastewater
treatment facility
</header>
<text>
The Secretary of the Interior shall convey to
the City of Clayton, Idaho, without consideration, approximately 6 acres of
land depicted as
<quote>
Parcel D
</quote>
on the map entitled
<quote>
City of
Clayton Conveyances
</quote>
and dated April 6, 2010 (including any necessary
access right-of-way across the river), for use as a wastewater treatment
facility, consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the
<quote>
Recreation and Public Purposes Act
</quote>
), (43 U.S.C. 869
et seq.).
</text>
</subsection>
<subsection id="HDE876F7383C741A4865DDF7ED2984834">
<enum>
(e)
</enum>
<header>
Fire
hall
</header>
<text>
The Secretary of the Interior shall convey to the City of
Clayton, Idaho, without consideration, approximately 2 acres of land depicted
as
<quote>
Parcel E
</quote>
on the map entitled
<quote>
City of Clayton
Conveyances
</quote>
and dated April 6, 2010, for use as a fire hall and related
purposes, consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the
<quote>
Recreation and Public Purposes Act
</quote>
), (43 U.S.C. 869
et seq.).
</text>
</subsection>
</section>
<section id="HD4213650A7AB411E902BDA9D49F88434">
<enum>
204.
</enum>
<header>
Terms and
conditions of permits or land conveyances
</header>
<subsection id="HD72F835084704F63A185E31039C4BD5A">
<enum>
(a)
</enum>
<header>
Terms and
conditions
</header>
<text>
The issuance of a special use permit or the conveyance
of land under this title shall be subject to any terms and conditions that the
Secretary determines to be appropriate.
</text>
</subsection>
<subsection id="HB539E9CE3D744D3DB6A7D4413F0F7163">
<enum>
(b)
</enum>
<header>
Reversionary
interest
</header>
<text>
If any parcel of land conveyed under this title ceases
to be used for the public purpose for which the parcel was conveyed, the parcel
shall, at the discretion of the Secretary, based on a determination that
reversion is in the best interests of the United States, revert to the United
States.
</text>
</subsection>
</section>
</title>
<title id="HAA559BEA4FEA476A8697BB122B77974D">
<enum>
III
</enum>
<header>
Trail
management
</header>
<section id="H480DAB26AE984899B6DE9CB25F9FFCCB">
<enum>
301.
</enum>
<header>
Trail
management
</header>
<subsection id="H1CF5A0CA25404EB79F6E709C6E6FDAD9">
<enum>
(a)
</enum>
<header>
Germania creek
trail
</header>
<paragraph id="H4EF658F690CD47C699A90BB1A4728F78">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall maintain a trail for single track,
2-wheeled motorized and mechanized travel between the Hemingway-Boulders
Wilderness designated by section 101(a)(1) and the White Clouds Wilderness
designated by section 101(a)(2).
</text>
</paragraph>
<paragraph id="HE8632C1DEADE4C3B8C8F430698C51605">
<enum>
(2)
</enum>
<header>
Management
</header>
<text>
The
Secretary shall manage the trail in accordance with applicable laws—
</text>
<subparagraph id="HA16173D7588445A7BE41830715402743">
<enum>
(A)
</enum>
<text>
to provide for
recreational travel;
</text>
</subparagraph>
<subparagraph id="H624D0B0ED5D44398B9CE756735D76C77">
<enum>
(B)
</enum>
<text>
to minimize any
adverse impacts to natural and cultural resources; and
</text>
</subparagraph>
<subparagraph id="H108C578252F5485CA0C9DB383FF61D6B">
<enum>
(C)
</enum>
<text>
subject to such
terms and conditions as the Secretary may require.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB5A2A731138640F597285F25CD1CBBFC">
<enum>
(3)
</enum>
<header>
Monitoring
</header>
<text>
The
Secretary shall monitor the trail to assess whether the trail is appropriately
maintained—
</text>
<subparagraph id="HC32202733FB74A299B953E49D8A48B0D">
<enum>
(A)
</enum>
<text>
to provide for
recreational travel; and
</text>
</subparagraph>
<subparagraph id="HCBE30A6D360E44B1B3D8510D024BE2AA">
<enum>
(B)
</enum>
<text>
to minimize any
adverse impacts to natural and cultural resources.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA56F72A756864B67A56C4BBE1D107FDB">
<enum>
(4)
</enum>
<header>
Closure
</header>
<text>
The
Secretary may temporarily close the trail to any or all uses—
</text>
<subparagraph id="H60870F6DA3B845898B247AED3326E60C">
<enum>
(A)
</enum>
<text>
to minimize any
adverse impacts to natural and cultural resources;
</text>
</subparagraph>
<subparagraph id="HEAF626ED95AC457D9AAB7E24FFA7D697">
<enum>
(B)
</enum>
<text>
to protect public
safety;
</text>
</subparagraph>
<subparagraph id="HAA02C1D760084D4599C1B149BC0AF75F">
<enum>
(C)
</enum>
<text>
for maintenance or
other administrative uses; or
</text>
</subparagraph>
<subparagraph id="H0E8E5BD66B3245619693C46A1E353F54">
<enum>
(D)
</enum>
<text>
to provide
opportunities for nonmotorized uses.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0F71E9922BB04455AC852E2BB75C6CF1">
<enum>
(b)
</enum>
<header>
Forest service
trails 109 and 671
</header>
<paragraph id="H9CF164003715439EAD47D326A3077129">
<enum>
(1)
</enum>
<header>
Closure
</header>
<text>
Subject
to paragraph (2), the following Forest Service trails in the Sawtooth National
Recreation Area shall be closed to motorized and mechanized travel:
</text>
<subparagraph id="H43AF0D241E6B426B8297BD3803558E53">
<enum>
(A)
</enum>
<text>
The portion of
Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake
and the south side of Washington Lake.
</text>
</subparagraph>
<subparagraph id="HC99B8406723C42B08A97407B86876725">
<enum>
(B)
</enum>
<text>
Forest Service
Trail 671 down Warm Springs Creek from Forest Service Trail 646 to the
wilderness boundary.
</text>
</subparagraph>
</paragraph>
<paragraph id="H120A523813624C1CA7AE5B9114556A53">
<enum>
(2)
</enum>
<header>
Exceptions
</header>
<text>
On
the trails identified in paragraph (1), the Secretary may permit—
</text>
<subparagraph id="H3781E9E28B0E4EE9AB8AB37B7DCDA5BE">
<enum>
(A)
</enum>
<text>
use by over-snow
vehicles when the snow cover is adequate—
</text>
<clause id="H8C12936CFDC542A3B1FFC8B5E651419F">
<enum>
(i)
</enum>
<text>
to
provide safe recreational travel; and
</text>
</clause>
<clause id="HED264D469D334BCF9E52EA35C50A94BF">
<enum>
(ii)
</enum>
<text>
to
minimize any adverse impacts to natural and cultural resources; and
</text>
</clause>
</subparagraph>
<subparagraph id="H2628FE48D62E4FEE8B5D72702597D9A3">
<enum>
(B)
</enum>
<text>
such
administrative uses as the Secretary determines to be necessary.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H96CEF9821AA94203AC2EC8F453A3FBB0">
<enum>
(c)
</enum>
<header>
Frog lake loop
trail
</header>
<paragraph id="HA8DDBE82C4F5452FBA97983C4ACD429B">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Neither the designation of the White Clouds Wilderness by
section 101(a)(2) nor the exclusion of portions of Forest Service trails 047
and 682 (commonly known as the
<quote>
Frog Lake Loop Trail
</quote>
) from the
wilderness shall affect the management of those trails for motorized or
mechanized travel in accordance with existing laws.
</text>
</paragraph>
<paragraph id="HAE78EDF2B43747FE995D3E157C025826">
<enum>
(2)
</enum>
<header>
Limitation on
use
</header>
<text>
If the Secretary allows for motorized or mechanized travel on
portions of Forest Service trails 047 and 682, the trails shall be limited to
single track, 2-wheeled motorized and mechanized use.
</text>
</paragraph>
</subsection>
<subsection id="H6C638FA7B5DA489C9260770FB7E1E157">
<enum>
(d)
</enum>
<header>
Accessible
trail
</header>
<text display-inline="yes-display-inline">
The Secretary shall
make such improvements as may be necessary to maintain the first mile of the
Murdock Creek Trail as a primitive, nonpaved, and wheelchair-accessible
trail.
</text>
</subsection>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 145 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish certain wilderness areas in central Idaho and to authorize various land conveyances involving National Forest System land and Bureau of Land Management land in central Idaho.
1. Short title; table of contents (a) Short title This Act may be cited as the Central Idaho Economic Development and Recreation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Wilderness designations Sec. 101. Additions to the National Wilderness Preservation System. Sec. 102. Administration. Sec. 103. Water rights. Sec. 104. Military overflights. Sec. 105. Adjacent management. Sec. 106. Native American cultural and religious uses. Sec. 107. Acquisition of land and interests in land. Sec. 108. Wilderness review. TITLE II—Land conveyances for public purposes Sec. 201. Blaine County, Idaho. Sec. 202. Custer County, Idaho. Sec. 203. City of Clayton, Idaho. Sec. 204. Terms and conditions of permits or land conveyances. TITLE III—Travel management Sec. 301. Trail management. 2. Definitions In this Act: (1) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to land administered by the Forest Service; or (B) the Secretary of the Interior, with respect to land administered by the Bureau of Land Management. (2) Wilderness area The term wilderness area means any of the areas designated as a component of the National Wilderness Preservation System by section 101(a). I Wilderness designations 101. Additions to the National Wilderness Preservation System (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State of Idaho are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Hemingway-boulders wilderness Certain Federal land in the Sawtooth and Challis National Forests, comprising approximately 110,370 acres, as generally depicted on the map entitled Hemingway-Boulders Proposed Wilderness and dated October 20, 2008, which shall be known as the Hemingway-Boulders Wilderness . (2) White clouds wilderness Certain Federal land in the Sawtooth and Challis National Forests, comprising approximately 90,888 acres, as generally depicted on the map entitled White Clouds Proposed Wilderness and dated October 20, 2008, which shall be known as the White Clouds Wilderness . (3) Jerry peak wilderness Certain Federal land in the Challis National Forest and Challis District of the Bureau of Land Management, comprising approximately 131,670 acres, as generally depicted on the map entitled Jerry Peak Wilderness and dated August 30, 2006, which shall be known as the Jerry Peak Wilderness . (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each wilderness area. (2) Effect Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (3) Availability Each map and legal description submitted under paragraph (1) shall be available in the appropriate offices of the Forest Service or the Bureau of Land Management. (c) Inclusion in national landscape conservation system Land administered by the Bureau of Land Management which is designated as wilderness by this section shall be included in the National Landscape Conservation System. 102. Administration (a) In general Subject to valid existing rights, each wilderness area shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) with respect to wilderness areas that are administered by the Secretary of the Interior, any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Consistent interpretation The Secretary of Agriculture and the Secretary of the Interior shall seek to ensure that the wilderness areas are interpreted for the public as an overall complex linked by— (1) common location in the Boulder-White Cloud Mountains; and (2) common identity with the natural and cultural history of the State of Idaho and the Native American and pioneer heritage of the State. (c) Comprehensive wilderness management plan Not later than 3 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall collaboratively develop wilderness management plans for the wilderness areas. (d) Fire, insects, and disease Within the wilderness areas, the Secretary may take such measures as the Secretary determines to be necessary for the control of fire, insects, and disease in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1131(d)(1) ). (e) Livestock (1) In general Within the wilderness areas, the grazing of livestock in which grazing is established before the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with— (A) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1131(d)(4) ); (B) with respect to wilderness areas administered by the Secretary of Agriculture, the guidelines described in House Report 96–617 of the 96th Congress; and (C) with respect to wilderness areas administered by the Secretary of the Interior, the guidelines described in appendix A of House Report 101–405 of the 101st Congress. (2) Donation of grazing permits and leases (A) Acceptance by secretary (i) In general The Secretary shall accept the donation of any valid existing leases or permits authorizing grazing on public land or National Forest System land, all or a portion of which are within the area depicted as the Boulder White Clouds Grazing Area on the map entitled Boulder White Clouds Grazing Area Map and dated January 27, 2010. (ii) Partial donation A person holding a valid grazing permit or lease for a grazing allotment partially within the area described in clause (i) may elect to donate only the portion of the grazing permit or lease that is within the area. (B) Termination With respect to each permit or lease donated under subparagraph (A), the Secretary shall— (i) terminate the grazing permit or lease or portion of the permit or lease; and (ii) except as provided in subparagraph (C), ensure a permanent end to grazing on the land covered by the permit or lease or portion of the permit or lease. (C) Common allotments (i) In general If the land covered by a permit or lease donated under subparagraph (A) is also covered by another valid grazing permit or lease that is not donated, the Secretary shall reduce the authorized level on the land covered by the permit or lease to reflect the donation of the permit or lease under subparagraph (A). (ii) Authorized level To ensure that there is a permanent reduction in the level of grazing on the land covered by the permit or lease donated under subparagraph (A), the Secretary shall not allow grazing use to exceed the authorized level established under clause (i). (D) Partial donation If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall— (i) reduce the authorized grazing level to reflect the donation; and (ii) modify the permit or lease to reflect the revised level or area of use. (f) Outfitting and guide activities In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ), commercial services (including authorized outfitting and guide activities) within the wilderness areas are authorized to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the wilderness areas. (g) Fish and wildlife (1) In general Nothing in this title affects the jurisdiction of the State of Idaho with respect to the management of fish and wildlife on public land in the State, including the regulation of hunting, fishing, and trapping within the wilderness areas. (2) Limitations The Secretary, in consultation with the appropriate State agency (except in an emergency), may designate areas in which, and establish periods during which, no hunting, fishing, or trapping is permitted within the wilderness areas for reasons of public safety, administration, or compliance with existing laws. (h) Access In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary shall provide the owner of State or private property within the boundary of a wilderness area adequate access to the property. 103. Water rights (a) Statutory construction Nothing in this title— (1) shall constitute either an express or implied reservation by the United States of any water rights with respect to the wilderness areas designated by section 101; (2) affects any water rights— (A) in the State of Idaho existing on the date of enactment of this Act, including any water rights held by the United States; or (B) decreed in the Snake River Basin Adjudication, including any stipulation approved by the court in such adjudication between the United States and the State of Idaho with respect to such water rights; or (3) (A) establishes a precedent with regard to any future wilderness designations; or (B) limits, alters, modifies, or amends section 9 of the Sawtooth National Recreation Area Act (16 U.S.C. 460aa–8). (b) New projects (1) Prohibition Except as otherwise provided in this Act, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility inside any of the wilderness areas designated by section 101. (2) Definition In this subsection, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. 104. Military overflights Nothing in this title restricts or precludes— (1) low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas. 105. Adjacent management (a) In general Nothing in this title creates a protective perimeter or buffer zone around a wilderness area. (b) Activities outside wilderness area The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. 106. Native American cultural and religious uses Nothing in this title diminishes the treaty rights of any Indian tribe. 107. Acquisition of land and interests in land (a) Acquisition (1) In general The Secretary may acquire any land or interest in land within the boundaries of the wilderness areas by donation, exchange, or purchase from a willing seller. (2) Land exchange Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to complete an exchange for State land located within the boundaries of the wilderness areas designated by this title. (b) Incorporation in wilderness area Any land or interest in land located inside the boundary of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of the, wilderness area. 108. Wilderness review (a) National forest system land Section 5 of Public Law 92–400 ( 16 U.S.C. 460aa–4 ) is repealed. (b) Public land (1) Finding Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the public land administered by the Bureau of Land Management in the following wilderness study areas have been adequately studied for wilderness designation: (A) Jerry Peak Wilderness Study Area. (B) Jerry Peak West Wilderness Study Area. (C) Corral-Horse Basin Wilderness Study Area. (D) Boulder Creek Wilderness Study Area. (2) Release Any public land within the areas described in paragraph (1) that is not designated as wilderness by this title— (A) shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (B) shall be managed in accordance with land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). II Land conveyances for public purposes 201. Blaine County, Idaho (a) Smiley creek rural fire protection district (1) Fire station (A) In general The Secretary of Agriculture (referred to in this subsection as the Secretary ), in consultation with the Smiley Creek Rural Fire Protection District, shall identify an appropriate site (not to exceed 2 acres) in the vicinity of the Smiley Creek community, for construction and use of a fire station for the Smiley Creek Rural Fire Protection District. (B) Use The Secretary may provide for the use of the site identified under subparagraph (A) through a special use permit or conveyance to the Smiley Creek Rural Fire Protection District, without consideration. (2) Well site The Secretary may issue a special use permit to the Smiley Creek Rural Fire Protection District for development of a well to be used for fire protection and other public purposes on land identified by the Secretary and the Fire Protection District as appropriate for development of a well. (b) School bus turnaround The Secretary of Agriculture shall issue a special use permit or convey, without consideration, to Blaine County, Idaho, not to exceed 1 acre of land for use as a school bus turnaround, as generally depicted on the map entitled Blaine County Conveyance—Eagle Creek Parcel—Proposed and dated October 1, 2006. 202. Custer County, Idaho (a) Park and campground The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 114 acres of land depicted as Parcel A on the map entitled Custer County and City of Mackay Conveyances and dated April 6, 2010, for use as a public park and campground, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (b) Fire hall The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 10 acres of land depicted as Parcel B on the map entitled Custer County and City of Mackay Conveyances and dated April 6, 2010, for use as a fire hall, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (c) Shooting range The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 201 acres of land depicted as Parcel A on the map entitled Custer County and City of Challis Conveyances and dated February 2, 2010, to be used for a public shooting range, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (d) Waste transfer site The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 80 acres of land depicted as Parcel C on the map entitled Custer County and City of Mackay Conveyances and dated April 6, 2010, to be used for a waste transfer site, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (e) Public purposes The Secretary of the Interior shall convey to the City of Challis, Idaho, without consideration, approximately 460 acres of land within the area generally depicted as Parcel B on the map entitled Custer County and City of Challis Conveyances and dated February 2, 2010, to be used for public purposes consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), ( 43 U.S.C. 869 et seq. ). 203. City of Clayton, Idaho (a) Cemetery The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 23 acres of land depicted as Parcel A on the map entitled City of Clayton Conveyances and dated April 6, 2010, for use as a public cemetery. (b) Park The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 2 acres of land depicted as Parcel B on the map entitled City of Clayton Conveyances and dated April 6, 2010, for use as a public park or other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (c) Water tower The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 2 acres of land depicted as Parcel C on the map entitled City of Clayton Conveyances and dated April 6, 2010, for location of a water tower, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (d) Wastewater treatment facility The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 6 acres of land depicted as Parcel D on the map entitled City of Clayton Conveyances and dated April 6, 2010 (including any necessary access right-of-way across the river), for use as a wastewater treatment facility, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (e) Fire hall The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 2 acres of land depicted as Parcel E on the map entitled City of Clayton Conveyances and dated April 6, 2010, for use as a fire hall and related purposes, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). 204. Terms and conditions of permits or land conveyances (a) Terms and conditions The issuance of a special use permit or the conveyance of land under this title shall be subject to any terms and conditions that the Secretary determines to be appropriate. (b) Reversionary interest If any parcel of land conveyed under this title ceases to be used for the public purpose for which the parcel was conveyed, the parcel shall, at the discretion of the Secretary, based on a determination that reversion is in the best interests of the United States, revert to the United States. III Trail management 301. Trail management (a) Germania creek trail (1) In general The Secretary shall maintain a trail for single track, 2-wheeled motorized and mechanized travel between the Hemingway-Boulders Wilderness designated by section 101(a)(1) and the White Clouds Wilderness designated by section 101(a)(2). (2) Management The Secretary shall manage the trail in accordance with applicable laws— (A) to provide for recreational travel; (B) to minimize any adverse impacts to natural and cultural resources; and (C) subject to such terms and conditions as the Secretary may require. (3) Monitoring The Secretary shall monitor the trail to assess whether the trail is appropriately maintained— (A) to provide for recreational travel; and (B) to minimize any adverse impacts to natural and cultural resources. (4) Closure The Secretary may temporarily close the trail to any or all uses— (A) to minimize any adverse impacts to natural and cultural resources; (B) to protect public safety; (C) for maintenance or other administrative uses; or (D) to provide opportunities for nonmotorized uses. (b) Forest service trails 109 and 671 (1) Closure Subject to paragraph (2), the following Forest Service trails in the Sawtooth National Recreation Area shall be closed to motorized and mechanized travel: (A) The portion of Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake and the south side of Washington Lake. (B) Forest Service Trail 671 down Warm Springs Creek from Forest Service Trail 646 to the wilderness boundary. (2) Exceptions On the trails identified in paragraph (1), the Secretary may permit— (A) use by over-snow vehicles when the snow cover is adequate— (i) to provide safe recreational travel; and (ii) to minimize any adverse impacts to natural and cultural resources; and (B) such administrative uses as the Secretary determines to be necessary. (c) Frog lake loop trail (1) In general Neither the designation of the White Clouds Wilderness by section 101(a)(2) nor the exclusion of portions of Forest Service trails 047 and 682 (commonly known as the Frog Lake Loop Trail ) from the wilderness shall affect the management of those trails for motorized or mechanized travel in accordance with existing laws. (2) Limitation on use If the Secretary allows for motorized or mechanized travel on portions of Forest Service trails 047 and 682, the trails shall be limited to single track, 2-wheeled motorized and mechanized use. (d) Accessible trail The Secretary shall make such improvements as may be necessary to maintain the first mile of the Murdock Creek Trail as a primitive, nonpaved, and wheelchair-accessible trail. |
113-hr-146-ih-dtd | 113-hr-146 | 113 | hr | 146 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr146ih.xml | BILLS-113hr146ih.xml | 2023-01-08 17:42:52.758 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H7E5369F63770491D939B73221F295250" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 146 IH: Collaborative Academic Research Efforts for Tourette Syndrome Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 146
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="S001165">
Mr. Sires
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Public Health Service Act to provide for the
expansion, intensification, and coordination of the programs and activities of
the National Institutes of Health with respect to Tourette
syndrome.
</official-title>
</form>
<legis-body id="HF3AA335EFC754340B7DEA688A012C534" style="OLC">
<section id="HC6F65BAAA44D45588430530C55EA9FA4" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Collaborative Academic Research
Efforts for Tourette Syndrome Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF3A7B47986F14104834A9FFE141B7AE1">
<enum>
2.
</enum>
<header>
Programs of the
National Institutes of Health relating to Tourette syndrome
</header>
<text display-inline="no-display-inline">
Part B of title IV of the Public Health
Service Act is amended by inserting after section 409J (
<external-xref legal-doc="usc" parsable-cite="usc/42/284q">
42 U.S.C. 284q
</external-xref>
) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H81140B55E8A8498E84E2A260A7EABC45" style="OLC">
<section id="HAC1A2AA6B502495E86535D872DF32BFC">
<enum>
409K.
</enum>
<header>
Expansion,
intensification, and coordination of activities with respect to Tourette
syndrome
</header>
<subsection id="H4E8E27BD4E6E4505AABB4906CCF10DD9">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary, acting
through the Director of NIH, shall expand, intensify, and coordinate the
programs and activities of the National Institutes of Health with respect to
Tourette syndrome.
</text>
</subsection>
<subsection id="HE4981A214A9A44D0AC0D98DF453082DE">
<enum>
(b)
</enum>
<header>
Data
collection
</header>
<paragraph id="HF31DCBFF3F204C38BD81DED1962A296A">
<enum>
(1)
</enum>
<header>
System
</header>
<text>
In
carrying out subsection (a), the Secretary shall develop a system to collect
data on Tourette syndrome, including epidemiologic information with respect to
the incidence and prevalence of Tourette syndrome in the United States.
</text>
</paragraph>
<paragraph id="HB1A3C3FB38DD4E73A76F07F22D39B71A">
<enum>
(2)
</enum>
<header>
Broad and narrow
definitions
</header>
<text display-inline="yes-display-inline">
The data
collection system under paragraph (1) shall provide for the collection of
primary data on Tourette syndrome, including related data on the various
conditions known to be comorbid with Tourette syndrome.
</text>
</paragraph>
<paragraph id="H013B50F9F38A484FA24078A85067A84B">
<enum>
(3)
</enum>
<header>
Collection by
population and geographical region
</header>
<text>
The data collection system
under paragraph (1) shall provide for the collection of data on the
availability of medical and social services for individuals with Tourette
syndrome and their families and the disaggregation of such data by population
and geographical region.
</text>
</paragraph>
</subsection>
<subsection id="HCE41F430569E42ED94241B8487112E13">
<enum>
(c)
</enum>
<header>
Centers of
Excellence
</header>
<paragraph id="H76E187B3A055486C8A8DA093A9C03933">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In carrying out subsection (a), the Secretary shall make
awards of grants and contracts to public or nonprofit private entities to pay
all or part of the cost of planning, establishing, improving, and providing
basic operating support for centers of excellence regarding research on
Tourette syndrome.
</text>
</paragraph>
<paragraph id="H6C955E9D26EA443B91E9B39914A2F034">
<enum>
(2)
</enum>
<header>
Research
</header>
<text>
Each
center under paragraph (1) shall conduct basic and clinical research into
Tourette syndrome. Such research should include investigations into the cause,
diagnosis, early detection, prevention, control, and treatment of Tourette
syndrome. The centers, as a group, shall conduct research including the fields
of developmental neurobiology, genetics, and
psychopharmacology.
</text>
</paragraph>
<paragraph id="HE4A6E781491E47A497C0E30415526BDE">
<enum>
(3)
</enum>
<header>
Services for
patients
</header>
<subparagraph id="HB7233B81800F475CAC24C6F2BBCC0D16">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
A center under paragraph (1) may expend amounts provided
under such paragraph to carry out a program to make individuals aware of
opportunities to participate as subjects in research conducted by the
centers.
</text>
</subparagraph>
<subparagraph id="H33429948BC44489897E7EEA7E701E013">
<enum>
(B)
</enum>
<header>
Referral and
costs
</header>
<text>
A program under subparagraph (A) may, in accordance with
such criteria as the Secretary may establish, provide to the subjects described
in such subparagraph, referrals for health and other services, and such patient
care costs as are required for research.
</text>
</subparagraph>
<subparagraph id="H8045884E97B5454884A7C12A81B939D0">
<enum>
(C)
</enum>
<header>
Availability and
access
</header>
<text>
The extent to which a center can demonstrate availability
and access to clinical services shall be considered by the Secretary in
decisions about awarding grants to applicants which meet the scientific
criteria for funding under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD8854A7F042245B1B540D1197A6F0E55">
<enum>
(4)
</enum>
<header>
Organization of
centers
</header>
<subparagraph id="H38B4855FA19E4445BB32D7A9116DB8E8">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
A center under paragraph (1) may—
</text>
<clause id="HC3C6AF410D504222A23BA9E4BD0EA6C1">
<enum>
(i)
</enum>
<text>
use the facilities
of a single institution; or
</text>
</clause>
<clause id="H8508ACBDF1384A32A7A3E0D23F4EF95F">
<enum>
(ii)
</enum>
<text>
be formed from a
consortium of cooperating institutions and patient advocacy groups in order to
maximize the scope of the center’s services and geographic coverage.
</text>
</clause>
</subparagraph>
<subparagraph id="HF96AC569A505462E9C98CD5117CBEA38">
<enum>
(B)
</enum>
<header>
Eligibility
requirements
</header>
<text>
To be eligible to make facilities so available (as
described in subparagraph (A)(i)) or participate in such a consortium (as
described in subparagraph (B)), an institution or group shall meet such
requirements as the Secretary may prescribe.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCFA877008FD14C0D997C6288AEB3D016">
<enum>
(5)
</enum>
<header>
Number of
centers; duration of support
</header>
<subparagraph id="H34BEF9AC8FDC443DB8D5607B652F1971">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Subject to the availability of appropriations, the
Secretary shall provide for the establishment of not fewer than four and not
more than six centers under paragraph (1).
</text>
</subparagraph>
<subparagraph id="HB0C5FF1C05984397A61D0CA1B74C46E1">
<enum>
(B)
</enum>
<header>
Geographical
distribution
</header>
<text>
The Secretary shall—
</text>
<clause id="H5C4345D60C6B4EF68E7BE60A17AFEB6D">
<enum>
(i)
</enum>
<text>
ensure that each
of the centers established under paragraph (1) is located in a different region
of the United States than the other such centers; and
</text>
</clause>
<clause id="H573AEDF53677498BAEC1039228841BDC">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
encourage the formation of such centers
from a consortium of entities (as described in paragraph (4)(A)(ii)) covering
multiple States.
</text>
</clause>
</subparagraph>
<subparagraph id="H79B27EB85FA64E2DB7032DA2CDE0F71A">
<enum>
(C)
</enum>
<header>
Duration
</header>
<text>
Support
for a center established under paragraph (1) may be provided under this section
for a period of not to exceed 5 years. Such period may be extended for one or
more additional periods not exceeding 5 years if the operations of such center
have been reviewed by an appropriate technical and scientific peer review group
established by the Secretary and if such group has recommended to the Secretary
that such period should be extended.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0FA4BB6263E64BCF8C901A05742C93C3">
<enum>
(d)
</enum>
<header>
Research on
symptomology and treatment
</header>
<text>
In carrying out subsection (a), the
Secretary shall award grants on a competitive basis for research on—
</text>
<paragraph id="H2E5B8A27600C4FB2AFE8BCB3FA215B1F">
<enum>
(1)
</enum>
<text>
the full range of
symptomology within the Tourette syndrome clinical spectrum; and
</text>
</paragraph>
<paragraph id="H8B370C3A85AC4D31AD5A132A7AFA6987">
<enum>
(2)
</enum>
<text>
the efficacy of
treatment options for particular patient subpopulations.
</text>
</paragraph>
</subsection>
<subsection id="H386F4AB191C244358E6F7DD77732E224">
<enum>
(e)
</enum>
<header>
Funding
</header>
<text>
Of
the amounts made available to carry out the programs and activities of the
National Institutes of Health for a fiscal year, the Secretary shall designate
a portion of such amounts for carrying out the programs and activities of the
National Institutes of Health with respect to Tourette
syndrome.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 146 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Sires introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome.
1. Short title This Act may be cited as the Collaborative Academic Research Efforts for Tourette Syndrome Act of 2013 . 2. Programs of the National Institutes of Health relating to Tourette syndrome Part B of title IV of the Public Health Service Act is amended by inserting after section 409J ( 42 U.S.C. 284q ) the following: 409K. Expansion, intensification, and coordination of activities with respect to Tourette syndrome (a) In general The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to Tourette syndrome. (b) Data collection (1) System In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence and prevalence of Tourette syndrome in the United States. (2) Broad and narrow definitions The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. (3) Collection by population and geographical region The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. (c) Centers of Excellence (1) In general In carrying out subsection (a), the Secretary shall make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on Tourette syndrome. (2) Research Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The centers, as a group, shall conduct research including the fields of developmental neurobiology, genetics, and psychopharmacology. (3) Services for patients (A) In general A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. (B) Referral and costs A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. (C) Availability and access The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants to applicants which meet the scientific criteria for funding under this section. (4) Organization of centers (A) In general A center under paragraph (1) may— (i) use the facilities of a single institution; or (ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center’s services and geographic coverage. (B) Eligibility requirements To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (B)), an institution or group shall meet such requirements as the Secretary may prescribe. (5) Number of centers; duration of support (A) In general Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than four and not more than six centers under paragraph (1). (B) Geographical distribution The Secretary shall— (i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and (ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple States. (C) Duration Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. (d) Research on symptomology and treatment In carrying out subsection (a), the Secretary shall award grants on a competitive basis for research on— (1) the full range of symptomology within the Tourette syndrome clinical spectrum; and (2) the efficacy of treatment options for particular patient subpopulations. (e) Funding Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome. . |
113-hr-147-ih-dtd | 113-hr-147 | 113 | hr | 147 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr147ih.xml | BILLS-113hr147ih.xml | 2023-01-08 17:42:52.898 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H8CDF764868E44B15B6B1E90A71FE5265" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 147 IH: Death Tax Repeal Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 147
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="T000238">
Mr. Thornberry
</sponsor>
(for
himself,
<cosponsor name-id="B000213">
Mr. Barton
</cosponsor>
,
<cosponsor name-id="B001262">
Mr. Broun of Georgia
</cosponsor>
,
<cosponsor name-id="C001062">
Mr. Conaway
</cosponsor>
,
<cosponsor name-id="C001048">
Mr. Culberson
</cosponsor>
,
<cosponsor name-id="R000395">
Mr. Rogers of Kentucky
</cosponsor>
,
<cosponsor name-id="S000250">
Mr. Sessions
</cosponsor>
,
<cosponsor name-id="W000809">
Mr. Womack
</cosponsor>
,
<cosponsor name-id="W000795">
Mr. Wilson of South Carolina
</cosponsor>
,
<cosponsor name-id="F000448">
Mr. Franks of Arizona
</cosponsor>
,
<cosponsor name-id="G000560">
Mr. Graves of Georgia
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="N000185">
Mr. Nugent
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="R000592">
Mr. Rokita
</cosponsor>
,
<cosponsor name-id="Y000031">
Mr. Young of Florida
</cosponsor>
,
<cosponsor name-id="M001180">
Mr. McKinley
</cosponsor>
,
<cosponsor name-id="O000168">
Mr. Olson
</cosponsor>
,
<cosponsor name-id="R000011">
Mr. Rahall
</cosponsor>
,
<cosponsor name-id="R000575">
Mr. Rogers of Alabama
</cosponsor>
,
<cosponsor name-id="I000056">
Mr. Issa
</cosponsor>
,
<cosponsor name-id="H000067">
Mr. Hall
</cosponsor>
,
<cosponsor name-id="B000013">
Mr.
Bachus
</cosponsor>
,
<cosponsor name-id="T000463">
Mr. Turner
</cosponsor>
,
<cosponsor name-id="S000244">
Mr. Sensenbrenner
</cosponsor>
,
<cosponsor name-id="D000533">
Mr. Duncan of Tennessee
</cosponsor>
,
<cosponsor name-id="S000583">
Mr. Smith of Texas
</cosponsor>
, and
<cosponsor name-id="Y000063">
Mr. Yoder
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HWM00">
Committee
on Ways and Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To repeal the Federal estate and gift
taxes.
</official-title>
</form>
<legis-body id="HB9AABB71C750403EBD055418EA154EDA" style="OLC">
<section id="HA6790D8FF3A8497CB5484CEA1AEEBB00" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Death Tax Repeal
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H050919B665B640E4BCBA87BF5CC33F1E">
<enum>
2.
</enum>
<header>
Repeal of estate
and gift taxes
</header>
<subsection id="H53380C55766645BAA0CCFE653B9F22B4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subtitle B of the Internal Revenue Code of 1986 (relating
to estate, gift, and generation-skipping taxes) is hereby repealed.
</text>
</subsection>
<subsection id="HEBA25AC89081476F9DEAD8F469F7B555">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The repeal made by subsection (a) shall apply to estates of
decedents dying, gifts made, and generation-skipping transfers made after the
date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 147 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Thornberry (for himself, Mr. Barton , Mr. Broun of Georgia , Mr. Conaway , Mr. Culberson , Mr. Rogers of Kentucky , Mr. Sessions , Mr. Womack , Mr. Wilson of South Carolina , Mr. Franks of Arizona , Mr. Graves of Georgia , Mr. Jones , Mr. Nugent , Mr. Roe of Tennessee , Mr. Rokita , Mr. Young of Florida , Mr. McKinley , Mr. Olson , Mr. Rahall , Mr. Rogers of Alabama , Mr. Issa , Mr. Hall , Mr. Bachus , Mr. Turner , Mr. Sensenbrenner , Mr. Duncan of Tennessee , Mr. Smith of Texas , and Mr. Yoder ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To repeal the Federal estate and gift taxes.
1. Short title This Act may be cited as the Death Tax Repeal Act . 2. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act. |
113-hr-148-ih-dtd | 113-hr-148 | 113 | hr | 148 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr148ih.xml | BILLS-113hr148ih.xml | 2023-01-08 17:42:52.569 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3CEC7E9274D6438ABA416F1C4A249BC9" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 148 IH: Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-03
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 148
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="V000128">
Mr. Van Hollen
</sponsor>
(for
himself,
<cosponsor name-id="C000537">
Mr. Clyburn
</cosponsor>
,
<cosponsor name-id="B000287">
Mr. Becerra
</cosponsor>
,
<cosponsor name-id="C001038">
Mr. Crowley
</cosponsor>
,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="A000210">
Mr. Andrews
</cosponsor>
,
<cosponsor name-id="C001063">
Mr. Cuellar
</cosponsor>
,
<cosponsor name-id="P000034">
Mr. Pallone
</cosponsor>
,
<cosponsor name-id="I000057">
Mr. Israel
</cosponsor>
,
<cosponsor name-id="L000557">
Mr. Larson of Connecticut
</cosponsor>
,
<cosponsor name-id="B001227">
Mr. Brady of Pennsylvania
</cosponsor>
, and
<cosponsor name-id="L000397">
Ms. Lofgren
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HHA00">
Committee
on House Administration
</committee-name>
, and in addition to the Committees on
the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
and
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Election Campaign Act of 1971 to
provide for additional disclosure requirements for corporations, labor
organizations, and other entities, and for other purposes.
</official-title>
</form>
<legis-body id="H352699B7C6E348F4A15011567A1646E9" style="OLC">
<section id="H2C65AE42ECA0421E846CC1025CF7E21F" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Disclosure of Information on Spending
on Campaigns Leads to Open and Secure Elections Act of
2013
</short-title>
</quote>
or the
<quote>
<short-title>
DISCLOSE 2013 Act
</short-title>
</quote>
.
</text>
</section>
<section id="H80445B58FFA1413396BBB01E945D6238">
<enum>
2.
</enum>
<header>
Campaign
disbursement reporting
</header>
<subsection id="HDFA89D0B206244BA8D230AF6ACDD4E63">
<enum>
(a)
</enum>
<header>
Information
required To be reported
</header>
<paragraph display-inline="no-display-inline" id="H6FA9967BB6D8463DA7C9BB5F60306413">
<enum>
(1)
</enum>
<header>
Treatment of
functional equivalent of express advocacy as independent
expenditure
</header>
<text display-inline="yes-display-inline">
Subparagraph (A)
of section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(17)) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC62A71365C204F58A65DCA36D76B54D9" style="OLC">
<subparagraph display-inline="no-display-inline" id="H2AEF7387C04B4009AFAC1A12B7DFA41D">
<enum>
(A)
</enum>
<text>
that, when taken
as a whole, expressly advocates the election or defeat of a clearly identified
candidate, or is the functional equivalent of express advocacy because it can
be interpreted by a reasonable person only as advocating the election or defeat
of a candidate, taking into account whether the communication involved mentions
a candidacy, a political party, or a challenger to a candidate, or takes a
position on a candidate’s character, qualifications, or fitness for office;
and
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB1BF4B41EF4A44E38F94033F4CA878B9">
<enum>
(2)
</enum>
<header>
Expansion of
period during which communications are treated as electioneering
communications
</header>
<text>
Section 304(f)(3)(A)(i) of such Act (2 U.S.C.
434(f)(3)(A)(i)) is amended—
</text>
<subparagraph id="HDA482C5960974C678E600F33E53CBE7A">
<enum>
(A)
</enum>
<text>
by redesignating
subclause (III) as subclause (IV); and
</text>
</subparagraph>
<subparagraph id="HD4DCD93AD98B473C84F6056683C0AB65">
<enum>
(B)
</enum>
<text>
by striking
subclause (II) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD48C3EC7A7194BBEA5D591AD9D56228A" style="OLC">
<subclause id="H6F6E7E4CA1044877B1105A3AC2CEC7F3">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
in the case of a communication which refers
to a candidate for an office other than the President or Vice President, is
made during the period beginning on January 1 of the calendar year in which a
general or runoff election is held and ending on the date of the general or
runoff election (or in the case of a special election, during the period
beginning on the date on which the announcement with respect to such election
is made and ending on the date of the special election);
</text>
</subclause>
<subclause id="H18909EA3A72C446888E3CF95C95F5F80">
<enum>
(III)
</enum>
<text>
in the case of a
communication which refers to a candidate for the office of President or Vice
President, is made in any State during the period beginning 120 days before the
first primary or preference election or a convention or caucus of a political
party which has the authority to nominate a candidate for the office of
President or Vice President is held in any State and ending on the date of the
general election;
and
</text>
</subclause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H952AD885535F4862A857B9E916F612A6">
<enum>
(3)
</enum>
<header>
Effective date;
transition for electioneering communications made prior to
enactment
</header>
<text display-inline="yes-display-inline">
The amendment made
by paragraph (2) shall apply with respect to communications made on or after
July 1, 2013, except that no communication which is made prior to such date
shall be treated as an electioneering communication under section
304(f)(3)(A)(i)(II) or (III) of the Federal Election Campaign Act of 1971 (as
amended by paragraph (2)) unless the communication would be treated as an
electioneering communication under such section if the amendment made by
paragraph (2) did not apply.
</text>
</paragraph>
</subsection>
<subsection id="HBFF0EFFF4054426FADED8C5BFB31C052">
<enum>
(b)
</enum>
<header>
Disclosure
requirements for corporations, labor organizations, and certain other
entities
</header>
<paragraph id="H8587EF8CFB324C8293E1A7F333B1B696">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 324 of the Federal Election Campaign Act of 1971
(
<external-xref legal-doc="usc" parsable-cite="usc/2/441k">
2 U.S.C. 441k
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H6FFA43A602B641FE87C75CB8014F877F" style="OLC">
<section id="HEAF4004E439E4CBEAB8F1C35F2FBA5C1">
<enum>
324.
</enum>
<header>
Disclosure of
campaign-related disbursements by covered organizations
</header>
<subsection id="HB09118833520475282DE8E718E95D65A">
<enum>
(a)
</enum>
<header>
Disclosure
statement
</header>
<paragraph id="HBCE6BF91CEAB4AF69E3E3BEA905AB884">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Any covered
organization that makes campaign-related disbursements aggregating more than
$10,000 in a calendar year shall, not later than 24 hours after each disclosure
date, file a statement with the Commission made under penalty of perjury that
contains the information described in paragraph (2)—
</text>
<subparagraph id="H928D22DD371D48CCAD860F36A1BC39D1">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in the case of the first statement filed
under this subsection, for the period beginning on the first day of the
preceding calendar year and ending on the first such disclosure date;
and
</text>
</subparagraph>
<subparagraph id="H269250DE660B4B4A8DC66037677D09D9">
<enum>
(B)
</enum>
<text>
in the case of any
subsequent statement filed under this subsection, for the period beginning on
the previous disclosure date and ending on such disclosure date.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9378410F5871413ABEB0F265A19F9EB5">
<enum>
(2)
</enum>
<header>
Information
described
</header>
<text>
The information described in this paragraph is as
follows:
</text>
<subparagraph id="HEBC00A71D3AE447CA44EF87C8107459F">
<enum>
(A)
</enum>
<text>
The name of the
covered organization and the principal place of business of such
organization.
</text>
</subparagraph>
<subparagraph id="H2A67B261904E44C3AA3998DF1D1D182C">
<enum>
(B)
</enum>
<text>
The amount of each
campaign-related disbursement made by such organization during the period
covered by the statement of more than $1,000.
</text>
</subparagraph>
<subparagraph id="H77B60C68E83747C9B5E5377035536A8E">
<enum>
(C)
</enum>
<text>
In the case of a
campaign-related disbursement that is not a covered transfer, the election to
which the campaign-related disbursement pertains and if the disbursement is
made for a public communication, the name of any candidate identified in such
communication and whether such communication is in support of or in opposition
to a candidate.
</text>
</subparagraph>
<subparagraph id="H736222C8ED874E58B74ADEB982AA2B96">
<enum>
(D)
</enum>
<text>
A certification by
the chief executive officer or person who is the head of the covered
organization that the campaign-related disbursement is not made in cooperation,
consultation, or concert with or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate, political party, or agent of a
political party.
</text>
</subparagraph>
<subparagraph id="H65397359F21B47FBBDEE6B33291F9B77">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
If the covered organization makes
campaign-related disbursements using exclusively funds in a segregated bank
account consisting of funds that were contributed, donated, transferred, or
paid directly to such account by persons other than the covered organization
that controls the account, for each contribution, donation, transfer, payment
of dues, or other payment to the account—
</text>
<clause id="HC8F18ECA1743489DBF0DF5FDAC65DC48">
<enum>
(i)
</enum>
<text>
the name and
address of each person who made such contribution, donation, transfer, payment
of dues, or other payment during the period covered by the statement;
</text>
</clause>
<clause id="H09B6E9A013B84C48855802F3420AD9A8">
<enum>
(ii)
</enum>
<text>
the date and
amount of such contribution, donation, transfer, payment of dues, or other
payment; and
</text>
</clause>
<clause id="H4F63B58EFC784845A0ED5011DE510D00">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the aggregate amount of all such
contributions, donations, transfers, payments of dues, and other payments made
by the person during the period beginning on the first day of the preceding
calendar year and ending on the disclosure date;
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
but
only if such contribution, donation, transfer, payment of dues, or other
payment was made by a person who made contributions, donations, transfers,
payments of dues, or payments to the account in an aggregate amount of $10,000
or more during the period beginning on the first day of the preceding calendar
year and ending on the disclosure date.
</continuation-text>
</subparagraph>
<subparagraph id="H9FAC130DDBE541E29324DDF203397BE2">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
Subject to paragraph (4), if the covered
organization makes campaign-related disbursements using funds other than funds
in a segregated bank account described in subparagraph (E), for each
contribution, donation, transfer, or payment of dues to the covered
organization—
</text>
<clause id="HB869332680224346BC4CAC38E2996C27">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the name and address of each person who
made such contribution, donation, transfer, or payment of dues during the
period covered by the statement;
</text>
</clause>
<clause id="H7BAB2C1247BF4547BDD5C8D26B33A044">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the date and amount of such contribution,
donation, transfer, or payment of dues; and
</text>
</clause>
<clause id="H878204C8C22B4355BEA40FC502367DC0">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the aggregate amount of all such
contributions, donations, transfers, and payments of dues made by the person
during the period beginning on the first day of the preceding calendar year and
ending on the disclosure date;
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
but
only if such contribution, donation, transfer, or payment of dues was made by a
person who made contributions, donations, transfers, or payments of dues to the
covered organization in an aggregate amount of $10,000 or more during the
period beginning on the first day of the preceding calendar year and ending on
the disclosure date.
</continuation-text>
</subparagraph>
</paragraph>
<paragraph id="H9F2034F96D62477AAA012F561980D2CB">
<enum>
(3)
</enum>
<header>
Exceptions
</header>
<subparagraph id="HE50EFF1314384FCB81D9DBC2245F07D6">
<enum>
(A)
</enum>
<header>
Amounts received
in ordinary course of business
</header>
<text>
The requirement to include in a
statement filed under paragraph (1) the information described in paragraph (2)
shall not apply to amounts received by the covered organization in the ordinary
course of any trade or business conducted by the covered organization or in the
form of investments in the covered organization.
</text>
</subparagraph>
<subparagraph id="H189951734AEC46E987221695E246AEB7">
<enum>
(B)
</enum>
<header>
Donor
restriction on use of funds
</header>
<text display-inline="yes-display-inline">
The requirement to include in a statement
submitted under paragraph (1) the information described in subparagraph (F) of
paragraph (2) shall not apply if—
</text>
<clause id="HFC54CE525AEA448996DCDA37F114E82F">
<enum>
(i)
</enum>
<text>
the person
described in such subparagraph prohibited, in writing, the use of the
contribution, donation, transfer, payment of dues, or other payment made by
such person for campaign-related disbursements; and
</text>
</clause>
<clause id="H0A1A8F0286764E42B203C2834CE2A193">
<enum>
(ii)
</enum>
<text>
the covered
organization agreed to follow the prohibition and deposited the contribution,
donation, transfer, payment of dues, or other payment in an account which is
segregated from any account used to make campaign-related disbursements.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HFB630F47B5DF4EAAA750286AD8C14C5F">
<enum>
(4)
</enum>
<header>
Disclosure
date
</header>
<subparagraph id="H8D24827845704C178A12FDB6E5081E84">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in subparagraph (B), the term
<term>
disclosure date
</term>
means—
</text>
<clause id="H53E3D721C42748E7B45EDF5EBC373772">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the first date during any calendar year by
which a person has made campaign-related disbursements aggregating more than
$10,000; and
</text>
</clause>
<clause id="H7ACCD94F3F24440888F9978A4862D558">
<enum>
(ii)
</enum>
<text>
each date
following the date described in clause (i) during such calendar year by which a
person has made campaign-related disbursements aggregating more than
$10,000.
</text>
</clause>
</subparagraph>
<subparagraph id="HE6154260FED34CD0A245DFABD462D0DD">
<enum>
(B)
</enum>
<header>
Disclosure date
for certain transfers
</header>
<text display-inline="yes-display-inline">
In the
case of a statement filed with respect to a campaign-related disbursement which
is a covered transfer described in subsection (f)(1)(E), the term
<term>
disclosure date
</term>
means the date on which the covered organization
making such transfer knew or should have known that the recipient of such
transfer made campaign-related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date of the transfer.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H549008B9832D4FBAA0A739FC6E4FE28A">
<enum>
(b)
</enum>
<header>
Coordination
with other provisions
</header>
<paragraph id="HCE1B5B39983F4E799F00B159C0D1B01B">
<enum>
(1)
</enum>
<header>
Other reports
filed with the Commission
</header>
<text>
Information included in a statement
filed under this section may be excluded from statements and reports filed
under section 304.
</text>
</paragraph>
<paragraph id="H26DE050990DD4864A24AF6F9FF9069A4">
<enum>
(2)
</enum>
<header>
Treatment as
separate segregated fund
</header>
<text display-inline="yes-display-inline">
<italic/>
A segregated bank account
referred to in subsection (a)(2)(E) may be treated as a separate segregated
fund for purposes of section 527(f)(3) of the Internal Revenue Code of
1986.
</text>
</paragraph>
</subsection>
<subsection id="H9BBE3C3A079A484CA13F97E23E545F77">
<enum>
(c)
</enum>
<header>
Filing
</header>
<text>
Statements
required to be filed under subsection (a) shall be subject to the requirements
of section 304(d) to the same extent and in the same manner as if such reports
had been required under subsection (c) or (g) of section 304.
</text>
</subsection>
<subsection id="HEFD4313FFD7D46839CCDB64D85A4D332">
<enum>
(d)
</enum>
<header>
Campaign-Related
disbursement defined
</header>
<text>
In this section, the term
<term>
campaign-related disbursement
</term>
means a disbursement by a covered
organization for any of the following:
</text>
<paragraph id="HDC0B73A66B984393ADB31C519C11127A">
<enum>
(1)
</enum>
<text>
An independent
expenditure consisting of a public communication, as defined in section
301(22).
</text>
</paragraph>
<paragraph id="HBE37A2A728C54E4E85AF701BD16998C6">
<enum>
(2)
</enum>
<text>
An electioneering
communication, as defined in section 304(f)(3).
</text>
</paragraph>
<paragraph id="HF220C79A7C77495785BB43C9442A89C9">
<enum>
(3)
</enum>
<text>
A covered
transfer.
</text>
</paragraph>
</subsection>
<subsection id="HAA395D93070743BDBFC3E0B21793252E">
<enum>
(e)
</enum>
<header>
Covered
organization defined
</header>
<text>
In this section, the term
<term>
covered
organization
</term>
means any of the following:
</text>
<paragraph id="HAE91C956D4B94EEAA2C2C98B2F61018B">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
A corporation (other than an organization
described in
<external-xref legal-doc="usc" parsable-cite="usc/26/501">
section 501(c)(3)
</external-xref>
of the Internal Revenue Code of 1986).
</text>
</paragraph>
<paragraph id="H33BD8FA23FD74DE7ACD4661328447DB3">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
An organization described in section 501(c)
of such Code and exempt from taxation under section 501(a) of such Code (other
than an organization described in section 501(c)(3) of such Code).
</text>
</paragraph>
<paragraph id="HCAC083E1AB9F4B24ACE170E742E008E3">
<enum>
(3)
</enum>
<text>
A labor
organization (as defined in section 316(b)).
</text>
</paragraph>
<paragraph id="H2CF7846BA4874007894EBB04DF053848">
<enum>
(4)
</enum>
<text>
Any political
organization under
<external-xref legal-doc="usc" parsable-cite="usc/26/527">
section 527
</external-xref>
of the Internal Revenue Code of 1986, other than
a political committee under this Act (except as provided in paragraph
(5)).
</text>
</paragraph>
<paragraph id="H6A8595ABE07D4F3EA1F00D76CB891689">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
A political committee with an account
established for the purpose of accepting donations or contributions that do not
comply with the contribution limits or source prohibitions under this Act, but
only with respect to the accounts established for such purpose.
</text>
</paragraph>
</subsection>
<subsection id="HA0CB288EB54E483786D63A3893070ABC">
<enum>
(f)
</enum>
<header>
Covered transfer
defined
</header>
<paragraph id="H6700456DB48D4DD5B3DD7F501C970E37">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In this section, the term
<term>
covered transfer
</term>
means any transfer or payment of funds by a covered organization to another
person if the covered organization—
</text>
<subparagraph id="H9132F7292A204C4DB356BC8B38B374A0">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
designates, requests, or suggests that the
amounts be used for—
</text>
<clause id="H36FAEC2F7ADF4033B1C09840E398B91E">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
campaign-related disbursements (other than
covered transfers); or
</text>
</clause>
<clause id="H846C0964A52144D28BC34DD10668D263">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
making a transfer to another person for the
purpose of making or paying for such campaign-related disbursements;
</text>
</clause>
</subparagraph>
<subparagraph id="HA50EB87E0EE5475C967A3489B4C5CFD2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
made such transfer or payment in response
to a solicitation or other request for a donation or payment for—
</text>
<clause id="H5DFC948D186A49E9BCB62B3883B2F027">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the making of or paying for
campaign-related disbursements (other than covered transfers); or
</text>
</clause>
<clause id="H8A89529F66EA4F40A1FCE967A44B6BA5">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
making a transfer to another person for the
purpose of making or paying for such campaign-related disbursements;
</text>
</clause>
</subparagraph>
<subparagraph id="HE97C44FD0AFE4CA0B1C0EB52673B7449">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
engaged in discussions with the recipient
of the transfer or payment regarding—
</text>
<clause id="H188CCDDE531D4A83A29FA0EB3D13AE9F">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the making of or paying for
campaign-related disbursements (other than covered transfers); or
</text>
</clause>
<clause id="H547C651FC85842A5A0BECFD3AAB92053">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
donating or transferring any amount of such
transfer or payment to another person for the purpose of making or paying for
such campaign-related disbursements;
</text>
</clause>
</subparagraph>
<subparagraph id="H164F09B2BCEE4A929DB11D4742B9B63B">
<enum>
(D)
</enum>
<text>
made
campaign-related disbursements (other than a covered transfer) in an aggregate
amount of $50,000 or more during the 2-year period ending on the date of the
transfer or payment, or knew or had reason to know that the person receiving
the transfer or payment made such disbursements in such an aggregate amount
during that 2-year period; or
</text>
</subparagraph>
<subparagraph id="HCB5CCD96F71F4910A06ABF606869A9A1">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
knew or had reason to know that the person
receiving the transfer or payment would make campaign-related disbursements in
an aggregate amount of $50,000 or more during the 2-year period beginning on
the date of the transfer or payment.
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H7F235F215F7D443B85A6F1B20F073567">
<enum>
(2)
</enum>
<header>
Exclusions
</header>
<text display-inline="yes-display-inline">
The term
<term>
covered transfer
</term>
does
not include any of the following:
</text>
<subparagraph id="HCD18F9BFF7D74FEA88A3D950F7ADCC95">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
A disbursement made by a covered
organization in the ordinary course of any trade or business conducted by the
covered organization or in the form of investments made by the covered
organization.
</text>
</subparagraph>
<subparagraph id="HE13F2460D8FB49CC96C86CF14A0C6DA8">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
A disbursement made by a covered
organization if—
</text>
<clause id="H1B13EED83A134F689CBC4958CB6DFB01">
<enum>
(i)
</enum>
<text>
the covered
organization prohibited, in writing, the use of such disbursement for
campaign-related disbursements; and
</text>
</clause>
<clause id="H22F77D964B1A48AEBB12D2A8B6F4F3AC">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the recipient of the disbursement agreed to
follow the prohibition and deposited the disbursement in an account which is
segregated from any account used to make campaign-related disbursements.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HEA229F59922645679B09B1447AF61CE0">
<enum>
(3)
</enum>
<header>
Exception for
certain transfers among affiliates
</header>
<subparagraph id="HFDC89A81FD70442BA9E5680AAA3E5F99">
<enum>
(A)
</enum>
<header>
Exception for
certain transfers among affiliates
</header>
<text display-inline="yes-display-inline">
The term
<term>
covered transfer
</term>
does
not include an amount transferred by one covered organization to another
covered organization which is treated as a transfer between affiliates under
subparagraph (B) if the aggregate amount transferred during the year by such
covered organization to that same covered organization is equal to or less than
$50,000.
</text>
</subparagraph>
<subparagraph id="H1180C5BB281147A7A549A95992ABF70B">
<enum>
(B)
</enum>
<header>
Description of
transfers between affiliates
</header>
<text display-inline="yes-display-inline">
A transfer of amounts from one covered
organization to another covered organization shall be treated as a transfer
between affiliates if—
</text>
<clause id="H31FAD1450C1841F283DAE205B3F023E8">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
one of the organizations is an affiliate of
the other organization; or
</text>
</clause>
<clause id="HDD1B6F2036174279B5D93BCD05B1D2B1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
each of the organizations is an affiliate
of the same organization;
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
except
that the transfer shall not be treated as a transfer between affiliates if one
of the organizations is established for the purpose of making campaign-related
disbursements.
</continuation-text>
</subparagraph>
<subparagraph id="H4DC95194C64A4D94BD5079751AD105FD">
<enum>
(C)
</enum>
<header>
Determination of
affiliate status
</header>
<text display-inline="yes-display-inline">
For purposes
of subparagraph (B), a covered organization is an affiliate of another covered
organization if—
</text>
<clause id="HDCC238ADB3C34C809545EE710374A85F">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the governing instrument of the
organization requires it to be bound by decisions of the other
organization;
</text>
</clause>
<clause id="H47B6DB2833364EDEBA19B2AACB106CEE">
<enum>
(ii)
</enum>
<text>
the governing
board of the organization includes persons who are specifically designated
representatives of the other organization or are members of the governing
board, officers, or paid executive staff members of the other organization, or
whose service on the governing board is contingent upon the approval of the
other organization; or
</text>
</clause>
<clause id="H01326FAA68244C39AF26174B8378EAF1">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the organization is chartered by the other
organization.
</text>
</clause>
</subparagraph>
<subparagraph id="H55268E66F45648FAB67BB7CA5CB4E537">
<enum>
(D)
</enum>
<header>
Coverage of
transfers to affiliated section
<enum-in-header>
501(c)(3)
</enum-in-header>
organizations
</header>
<text>
This paragraph shall apply with respect to an
amount transferred by a covered organization to an organization described in
paragraph (3) of
<external-xref legal-doc="usc" parsable-cite="usc/26/501">
section 501(c)
</external-xref>
of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code in the same manner as this paragraph
applies to an amount transferred by a covered organization to another covered
organization.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H97DF524BD8AF411FB7F10B425CD27337">
<enum>
(2)
</enum>
<header>
Conforming
amendment
</header>
<text>
Section 304(f)(6) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/2/434">
2 U.S.C. 434
</external-xref>
) is amended
by striking
<quote>
Any requirement
</quote>
and inserting
<quote>
Except as
provided in section 324(b), any requirement
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="HA614214110884873A4FEDFB18B1E426F">
<enum>
3.
</enum>
<header>
Stand by your
ad
</header>
<subsection id="H269DC67DE80241DD96E31F5D7A9077A4">
<enum>
(a)
</enum>
<header>
Disclaimer
requirements for campaign-Related disbursements
</header>
<text display-inline="yes-display-inline">
Section 318(a) of the Federal Election
Campaign Act of 1971 (
<external-xref legal-doc="usc" parsable-cite="usc/2/441d">
2 U.S.C. 441d(a)
</external-xref>
) is amended by striking
<quote>
for the
purpose of financing communications expressly advocating the election or defeat
of a clearly identified candidate
</quote>
and inserting
<quote>
for a
campaign-related disbursement, as defined in section 324, consisting of a
public communication
</quote>
.
</text>
</subsection>
<subsection id="HB3D889B161EB4997830D3458186A19D4">
<enum>
(b)
</enum>
<header>
Stand by your ad
requirements
</header>
<paragraph id="HC3DAFFDB59974837975B4DCB429B7C21">
<enum>
(1)
</enum>
<header>
Maintenance of
requirements for political parties and certain political
committees
</header>
<text display-inline="yes-display-inline">
Section 318(d)(2)
of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/2/441d">
2 U.S.C. 441d(d)(2)
</external-xref>
) is amended—
</text>
<subparagraph id="H8F9C77089CF44716B9DA2F762FD666E9">
<enum>
(A)
</enum>
<text>
in the heading, by
striking
<quote>
<header-in-text level="paragraph" style="OLC">
others
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
certain political
committees
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3D86677576A04F738CA8C4D9F7E60906">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
which (except to the
extent provided in the last sentence of this paragraph) is paid for by a
political committee (including a political committee of a political party)
and
</quote>
after
<quote>
subsection (a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H82ACEBF1F9AB4A639F0C10D1148941D4">
<enum>
(C)
</enum>
<text>
by striking
<quote>
or other person
</quote>
each place it appears; and
</text>
</subparagraph>
<subparagraph id="H7BA65644C1F84B31BE8D15A4ECC6544B">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
<quote>
This paragraph does not apply to a communication paid
for in whole or in part with a payment which is treated as a campaign-related
disbursement under section 324 and with respect to which a covered organization
files a statement under such section.
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H78962BE232D4472CB2EC6C4B355C0317">
<enum>
(2)
</enum>
<header>
Special
disclaimer requirements for certain communications
</header>
<text>
Section 318 of
such Act (
<external-xref legal-doc="usc" parsable-cite="usc/2/441d">
2 U.S.C. 441d
</external-xref>
) is amended by adding at the end the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HA295B959EDD84E1AB24C76B23DFAFD00" style="OLC">
<subsection id="HC9399BB08B424D2B8B1D57AFE9E14EB5">
<enum>
(e)
</enum>
<header>
Communications
by others
</header>
<paragraph id="H2E05AFE111EB47729ECF1AFF44085970">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Any communication
described in paragraph (3) of subsection (a) which is transmitted through radio
or television (other than a communication to which subsection (d)(2) applies)
shall include, in addition to the requirements of such paragraph, the
following:
</text>
<subparagraph id="H3ACEA46CEC0446AAB8A03E4405872354">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
The individual disclosure statement
described in paragraph (2)(A) (if the person paying for the communication is an
individual) or the organizational disclosure statement described in paragraph
(2)(B) (if the person paying for the communication is not an
individual).
</text>
</subparagraph>
<subparagraph id="H569834A9F5C5417887D068F90424E733">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
If the communication is transmitted through
television and is paid for in whole or in part with a payment which is treated
as a campaign-related disbursement under section 324, the Top Five Funders list
(if applicable), unless, on the basis of criteria established in regulations
issued by the Commission, the communication is of such short duration that
including the Top Five Funders list in the communication would constitute a
hardship to the person paying for the communication by requiring a
disproportionate amount of the content of the communication to consist of the
Top Five Funders list.
</text>
</subparagraph>
<subparagraph id="H88F880E660B34151BCA3D60D5C0ABB79">
<enum>
(C)
</enum>
<text>
If the
communication is transmitted through radio and is paid for in whole or in part
with a payment which is treated as a campaign-related disbursement under
section 324, the Top Two Funders list (if applicable), unless, on the basis of
criteria established in regulations issued by the Commission, the communication
is of such short duration that including the Top Two Funders list in the
communication would constitute a hardship to the person paying for the
communication by requiring a disproportionate amount of the content of the
communication to consist of the Top Two Funders list.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCFD1F346915E48CAB6EAD2EDF6418264">
<enum>
(2)
</enum>
<header>
Disclosure
statements described
</header>
<subparagraph id="H3BB72299567248CCAADB4D4049BD9962">
<enum>
(A)
</enum>
<header>
Individual
disclosure statements
</header>
<text display-inline="yes-display-inline">
The
individual disclosure statement described in this subparagraph is the
following:
<quote>
I am ________, and I approve this message.
</quote>
, with the
blank filled in with the name of the applicable individual.
</text>
</subparagraph>
<subparagraph id="H76FE9ABF0F534B9090990EAF41A34150">
<enum>
(B)
</enum>
<header>
Organizational
disclosure statements
</header>
<text display-inline="yes-display-inline">
The
organizational disclosure statement described in this subparagraph is the
following:
<quote>
I am ________, the ________ of ________, and ________
approves this message.
</quote>
, with—
</text>
<clause id="H7381859821A144DD9B39E7812C1EA1E8">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the first blank to be filled in with the
name of the applicable individual;
</text>
</clause>
<clause id="HEF0EE812143643619F209B2B0B870724">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the second blank to be filled in with the
title of the applicable individual; and
</text>
</clause>
<clause id="HED932C393CD74645A962D315CE4071FD">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the third and fourth blank each to be
filled in with the name of the organization or other person paying for the
communication.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDE1943E687154704B76E0D2D445E2A4B">
<enum>
(3)
</enum>
<header>
Method of
conveyance of statement
</header>
<subparagraph id="H81111169BE3C4AC7BC069287963F8236">
<enum>
(A)
</enum>
<header>
Communications
transmitted through radio
</header>
<text display-inline="yes-display-inline">
In
the case of a communication to which this subsection applies which is
transmitted through radio, the disclosure statements required under paragraph
(1) shall be made by audio by the applicable individual in a clearly spoken
manner.
</text>
</subparagraph>
<subparagraph id="HCB0FAB50869748A5A69E726D7D670FA4">
<enum>
(B)
</enum>
<header>
Communications
transmitted through television
</header>
<text display-inline="yes-display-inline">
In the case of a communication to which
this subsection applies which is transmitted through television, the
information required under paragraph (1)—
</text>
<clause id="H1EED30A91BB9429899FD5110FC4FCFC2">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
shall appear in writing at the end of the
communication or in a crawl along the bottom of the communication in a clearly
readable manner, with a reasonable degree of color contrast between the
background and the printed statement, for a period of at least 6 seconds;
and
</text>
</clause>
<clause id="H671A852932FD49849541FBBA96862096">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
shall also be conveyed by an unobscured,
full-screen view of the applicable individual or by the applicable individual
making the statement in voice-over accompanied by a clearly identifiable
photograph or similar image of the individual, except in the case of a Top Five
Funders list.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H0755E8B9800B45189D898D8C08CA1207">
<enum>
(4)
</enum>
<header>
Definitions
</header>
<text>
In
this subsection:
</text>
<subparagraph id="HF1DF09EBB7DA4BB597BF2243D4484D65">
<enum>
(A)
</enum>
<header>
Applicable
individual
</header>
<text display-inline="yes-display-inline">
The term
<term>
applicable individual
</term>
means, with respect to a communication to
which this subsection applies—
</text>
<clause id="H467BC022D3044973B685ABD3410160F4">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
if the communication is paid for by an
individual, the individual involved;
</text>
</clause>
<clause id="HE0209C4221B34F23920909262B652F79">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
if the communication is paid for by a
corporation, the chief executive officer of the corporation (or, if the
corporation does not have a chief executive officer, the highest ranking
official of the corporation);
</text>
</clause>
<clause id="HF71B14AB89EC4AE29456C058D4F6DFA0">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
if the communication is paid for by a labor
organization, the highest ranking officer of the labor organization; and
</text>
</clause>
<clause id="HDF6D1F0987AE475B8DBCDF172FBF9EC3">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
if the communication is paid for by any
other person, the highest ranking official of such person.
</text>
</clause>
</subparagraph>
<subparagraph id="HA8E97CC168BF4E9BBCAE2A74F1DE86A1">
<enum>
(B)
</enum>
<header>
Covered
organization and campaign-related disbursement
</header>
<text>
The terms
<term>
campaign-related disbursement
</term>
and
<term>
covered
organization
</term>
have the meaning given such terms in section 324.
</text>
</subparagraph>
<subparagraph id="HF87E2145F2C543289C7D1C5F23BB8778">
<enum>
(C)
</enum>
<header>
Top Five Funders
list
</header>
<text display-inline="yes-display-inline">
The term
<term>
Top Five
Funders list
</term>
means, with respect to a communication paid for in whole or
in part with a payment which is treated as a campaign-related disbursement
under section 324, a list of the five persons who provided the largest payments
of any type in an aggregate amount equal to or exceeding $10,000 which are
required under section 324(a) to be included in the reports filed by a covered
organization with respect to such communication during the 12-month period
ending on the date of the disbursement and the amount of the payments each such
person provided. If two or more people provided the fifth largest of such
payments, the covered organization involved shall select one of those persons
to be included on the Top Five Funders list.
</text>
</subparagraph>
<subparagraph id="H66CF0C33B1FA42E38287DC27F084FAD6">
<enum>
(D)
</enum>
<header>
Top Two Funders
list
</header>
<text>
The term
<term>
Top Two Funders list
</term>
means, with
respect to a communication paid for in whole or in part with a payment which is
treated as a campaign-related disbursement under section 324, a list of the
persons who provided the largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 which are required under
section 324(a) to be included in the reports filed by a covered organization
with respect to such communication during the 12-month period ending on the
date of the disbursement and the amount of the payments each such person
provided. If two or more persons provided the second largest of such payments,
the covered organization involved shall select one of those persons to be
included on the Top Two Funders
list.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H77659613CE5942DEBA17A9C7A0E29C6C">
<enum>
4.
</enum>
<header>
Shareholders’ and
members’ right to know
</header>
<text display-inline="no-display-inline">
Title
III of the Federal Election Campaign Act of 1971 (
<external-xref legal-doc="usc" parsable-cite="usc/2/431">
2 U.S.C. 431 et seq.
</external-xref>
) is
amended by adding at the end the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H43203246512A4356A4B9BCC603755C49" style="OLC">
<section id="H7A42F4D87A7F4C498573B7ECAB968A83">
<enum>
325.
</enum>
<header>
Disclosures by
covered organizations to shareholders, members, and donors of information on
campaign-related disbursements
</header>
<subsection id="H0DFCA882188D42A3990541BC6370DBEA">
<enum>
(a)
</enum>
<header>
Information on
campaign-Related disbursements To be included in periodic reports
</header>
<text display-inline="yes-display-inline">
A covered organization which submits
regular, periodic reports to its shareholders, members, or donors on its
finances or activities shall include in each such report, in a clear and
conspicuous manner, the information included in the statements filed by the
organization under section 324 with respect to the campaign-related
disbursements made by the organization during the period covered by the
report.
</text>
</subsection>
<subsection id="H034ECD04C05E46EBB33FFC1148FF02DA">
<enum>
(b)
</enum>
<header>
Hyperlink to
information included in reports filed with Commission
</header>
<paragraph id="HCC02C0CBF26F4BF2AE89D9F027CABDE1">
<enum>
(1)
</enum>
<header>
Required posting
of hyperlink
</header>
<text display-inline="yes-display-inline">
If a covered
organization maintains an Internet site, the organization shall post on such
Internet site a hyperlink from its homepage to the location on the Internet
site of the Commission which contains the information included in the
statements filed by the organization under section 324 with respect to
campaign-related disbursements.
</text>
</paragraph>
<paragraph id="HE1F6B054DA9B4A64A263DFBF031912DB">
<enum>
(2)
</enum>
<header>
Deadline;
duration of posting
</header>
<text display-inline="yes-display-inline">
The
covered organization shall post the hyperlink described in paragraph (1) not
later than 24 hours after the Commission posts the information described in
such paragraph on the Internet site of the Commission, and shall ensure that
the hyperlink remains on the Internet site of the covered organization until
the expiration of the 1-year period which begins on the date of the election
with respect to which the campaign-related disbursements are made.
</text>
</paragraph>
</subsection>
<subsection id="HA1F398E8D0A8447D949899C62852DB30">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
The
terms
<term>
campaign-related disbursement
</term>
and
<term>
covered
organization
</term>
have the meanings given such terms in section
324.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H1B968FCAACF64F5B9ABE32F5EF6005E6">
<enum>
5.
</enum>
<header>
Lobbyists’
campaign funding disclosure
</header>
<subsection id="HF0A7EABBCB90489F99F0A86820B659D2">
<enum>
(a)
</enum>
<header>
Disclosure of
independent expenditures and electioneering communications
</header>
<text display-inline="yes-display-inline">
Section 5(d)(1) of the Lobbying Disclosure
Act of 1995 (
<external-xref legal-doc="usc" parsable-cite="usc/2/1604">
2 U.S.C. 1604(d)(1)
</external-xref>
) is amended—
</text>
<paragraph id="H14683EED2B5A4157BCD8CB2D0A523D0F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
and
</quote>
at the end
of subparagraph (F);
</text>
</paragraph>
<paragraph id="HA38018727F0D4630B4F0495AC651B615">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by redesignating subparagraph (G) as
subparagraph (I); and
</text>
</paragraph>
<paragraph id="HB61FEE0E43164B61896359DCE6C6BF0A">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by inserting after subparagraph (F) the
following new subparagraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H4C36E5013F9F44A49128FD847A72706E" style="OLC">
<subparagraph id="H254AE3B71D6B4B01B4A3CDAFB1C1277F">
<enum>
(G)
</enum>
<text display-inline="yes-display-inline">
the amount of any independent expenditure
(as defined in section 301(17) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(17))) equal to or greater than $1,000 made by such person or
organization, and for each such expenditure the name of each candidate being
supported or opposed and the amount spent supporting or opposing each such
candidate;
</text>
</subparagraph>
<subparagraph id="HFB156FDD351F404D9C07552ACAB07917">
<enum>
(H)
</enum>
<text display-inline="yes-display-inline">
the amount of any electioneering
communication (as defined in section 304(f)(3) of such Act (2 U.S.C.
434(f)(3))) equal to or greater than $1,000 made by such person or
organization, and for each such communication the name of the candidate
referred to in the communication and whether the communication involved was in
support of or in opposition to the candidate;
and
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H9D7ABC61F126429EA4F132624C3B2FEA">
<enum>
(b)
</enum>
<header>
Disclosure of
amounts provided to certain political committees
</header>
<text display-inline="yes-display-inline">
Section 5(d)(1)(D) of such Act (2 U.S.C.
1605(d)(1)(D)) is amended by striking
<quote>
or political party
committee,
</quote>
and inserting the following:
<quote>
political party
committee, or political committee which is treated as a covered organization
under section 324(f)(1)(D) of the Federal Election Campaign Act of
1971,
</quote>
.
</text>
</subsection>
<subsection id="H572B115270F645079D60C94F0DD100BC">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
this section shall apply with respect to reports for semiannual periods
described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin
after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H9E38DD354F714620B8C04CAFF841B864" section-type="subsequent-section">
<enum>
6.
</enum>
<header>
Severability
</header>
<text display-inline="no-display-inline">
If any provision of this Act or amendment
made by this Act, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
</text>
</section>
<section id="HF393A20C1793444384BC989DC69F49F8">
<enum>
7.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
Except as provided in
section 5, the amendments made by this Act shall apply with respect to
disbursements made on or after July 1, 2013.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 148 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Van Hollen (for himself, Mr. Clyburn , Mr. Becerra , Mr. Crowley , Ms. DeLauro , Mr. Andrews , Mr. Cuellar , Mr. Pallone , Mr. Israel , Mr. Larson of Connecticut , Mr. Brady of Pennsylvania , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on the Judiciary and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, and other entities, and for other purposes.
1. Short title This Act may be cited as the Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2013 or the DISCLOSE 2013 Act . 2. Campaign disbursement reporting (a) Information required To be reported (1) Treatment of functional equivalent of express advocacy as independent expenditure Subparagraph (A) of section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended to read as follows: (A) that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidate’s character, qualifications, or fitness for office; and . (2) Expansion of period during which communications are treated as electioneering communications Section 304(f)(3)(A)(i) of such Act (2 U.S.C. 434(f)(3)(A)(i)) is amended— (A) by redesignating subclause (III) as subclause (IV); and (B) by striking subclause (II) and inserting the following: (II) in the case of a communication which refers to a candidate for an office other than the President or Vice President, is made during the period beginning on January 1 of the calendar year in which a general or runoff election is held and ending on the date of the general or runoff election (or in the case of a special election, during the period beginning on the date on which the announcement with respect to such election is made and ending on the date of the special election); (III) in the case of a communication which refers to a candidate for the office of President or Vice President, is made in any State during the period beginning 120 days before the first primary or preference election or a convention or caucus of a political party which has the authority to nominate a candidate for the office of President or Vice President is held in any State and ending on the date of the general election; and . (3) Effective date; transition for electioneering communications made prior to enactment The amendment made by paragraph (2) shall apply with respect to communications made on or after July 1, 2013, except that no communication which is made prior to such date shall be treated as an electioneering communication under section 304(f)(3)(A)(i)(II) or (III) of the Federal Election Campaign Act of 1971 (as amended by paragraph (2)) unless the communication would be treated as an electioneering communication under such section if the amendment made by paragraph (2) did not apply. (b) Disclosure requirements for corporations, labor organizations, and certain other entities (1) In general Section 324 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441k ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in a calendar year shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the preceding calendar year and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were contributed, donated, transferred, or paid directly to such account by persons other than the covered organization that controls the account, for each contribution, donation, transfer, payment of dues, or other payment to the account— (i) the name and address of each person who made such contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; (ii) the date and amount of such contribution, donation, transfer, payment of dues, or other payment; and (iii) the aggregate amount of all such contributions, donations, transfers, payments of dues, and other payments made by the person during the period beginning on the first day of the preceding calendar year and ending on the disclosure date; but only if such contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. (F) Subject to paragraph (4), if the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each contribution, donation, transfer, or payment of dues to the covered organization— (i) the name and address of each person who made such contribution, donation, transfer, or payment of dues during the period covered by the statement; (ii) the date and amount of such contribution, donation, transfer, or payment of dues; and (iii) the aggregate amount of all such contributions, donations, transfers, and payments of dues made by the person during the period beginning on the first day of the preceding calendar year and ending on the disclosure date; but only if such contribution, donation, transfer, or payment of dues was made by a person who made contributions, donations, transfers, or payments of dues to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the contribution, donation, transfer, payment of dues, or other payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the contribution, donation, transfer, payment of dues, or other payment in an account which is segregated from any account used to make campaign-related disbursements. (4) Disclosure date (A) In general Except as provided in subparagraph (B), the term disclosure date means— (i) the first date during any calendar year by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) each date following the date described in clause (i) during such calendar year by which a person has made campaign-related disbursements aggregating more than $10,000. (B) Disclosure date for certain transfers In the case of a statement filed with respect to a campaign-related disbursement which is a covered transfer described in subsection (f)(1)(E), the term disclosure date means the date on which the covered organization making such transfer knew or should have known that the recipient of such transfer made campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (1) An independent expenditure consisting of a public communication, as defined in section 301(22). (2) An electioneering communication, as defined in section 304(f)(3). (3) A covered transfer. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (3) A labor organization (as defined in section 316(b)). (4) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (5)). (5) A political committee with an account established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to the accounts established for such purpose. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; (D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or (E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Exception for certain transfers among affiliates (A) Exception for certain transfers among affiliates The term covered transfer does not include an amount transferred by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (B) if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or less than $50,000. (B) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization; except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (C) Determination of affiliate status For purposes of subparagraph (B), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (D) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. . (2) Conforming amendment Section 304(f)(6) of such Act ( 2 U.S.C. 434 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . 3. Stand by your ad (a) Disclaimer requirements for campaign-Related disbursements Section 318(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication . (b) Stand by your ad requirements (1) Maintenance of requirements for political parties and certain political committees Section 318(d)(2) of such Act ( 2 U.S.C. 441d(d)(2) ) is amended— (A) in the heading, by striking others and inserting certain political committees ; (B) by inserting which (except to the extent provided in the last sentence of this paragraph) is paid for by a political committee (including a political committee of a political party) and after subsection (a) ; (C) by striking or other person each place it appears; and (D) by adding at the end the following: This paragraph does not apply to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324 and with respect to which a covered organization files a statement under such section. . (2) Special disclaimer requirements for certain communications Section 318 of such Act ( 2 U.S.C. 441d ) is amended by adding at the end the following new subsection: (e) Communications by others (1) In general Any communication described in paragraph (3) of subsection (a) which is transmitted through radio or television (other than a communication to which subsection (d)(2) applies) shall include, in addition to the requirements of such paragraph, the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted through television and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, the Top Five Funders list (if applicable), unless, on the basis of criteria established in regulations issued by the Commission, the communication is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list. (C) If the communication is transmitted through radio and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, the Top Two Funders list (if applicable), unless, on the basis of criteria established in regulations issued by the Commission, the communication is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list. (2) Disclosure statements described (A) Individual disclosure statements The individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements The organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement (A) Communications transmitted through radio In the case of a communication to which this subsection applies which is transmitted through radio, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clearly spoken manner. (B) Communications transmitted through television In the case of a communication to which this subsection applies which is transmitted through television, the information required under paragraph (1)— (i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and (ii) shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. (4) Definitions In this subsection: (A) Applicable individual The term applicable individual means, with respect to a communication to which this subsection applies— (i) if the communication is paid for by an individual, the individual involved; (ii) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (iii) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (iv) if the communication is paid for by any other person, the highest ranking official of such person. (B) Covered organization and campaign-related disbursement The terms campaign-related disbursement and covered organization have the meaning given such terms in section 324. (C) Top Five Funders list The term Top Five Funders list means, with respect to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, a list of the five persons who provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 324(a) to be included in the reports filed by a covered organization with respect to such communication during the 12-month period ending on the date of the disbursement and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the covered organization involved shall select one of those persons to be included on the Top Five Funders list. (D) Top Two Funders list The term Top Two Funders list means, with respect to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, a list of the persons who provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 324(a) to be included in the reports filed by a covered organization with respect to such communication during the 12-month period ending on the date of the disbursement and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the covered organization involved shall select one of those persons to be included on the Top Two Funders list. . 4. Shareholders’ and members’ right to know Title III of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) is amended by adding at the end the following new section: 325. Disclosures by covered organizations to shareholders, members, and donors of information on campaign-related disbursements (a) Information on campaign-Related disbursements To be included in periodic reports A covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities shall include in each such report, in a clear and conspicuous manner, the information included in the statements filed by the organization under section 324 with respect to the campaign-related disbursements made by the organization during the period covered by the report. (b) Hyperlink to information included in reports filed with Commission (1) Required posting of hyperlink If a covered organization maintains an Internet site, the organization shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the information included in the statements filed by the organization under section 324 with respect to campaign-related disbursements. (2) Deadline; duration of posting The covered organization shall post the hyperlink described in paragraph (1) not later than 24 hours after the Commission posts the information described in such paragraph on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the covered organization until the expiration of the 1-year period which begins on the date of the election with respect to which the campaign-related disbursements are made. (c) Definitions The terms campaign-related disbursement and covered organization have the meanings given such terms in section 324. . 5. Lobbyists’ campaign funding disclosure (a) Disclosure of independent expenditures and electioneering communications Section 5(d)(1) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(d)(1) ) is amended— (1) by striking and at the end of subparagraph (F); (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following new subparagraphs: (G) the amount of any independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17))) equal to or greater than $1,000 made by such person or organization, and for each such expenditure the name of each candidate being supported or opposed and the amount spent supporting or opposing each such candidate; (H) the amount of any electioneering communication (as defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3))) equal to or greater than $1,000 made by such person or organization, and for each such communication the name of the candidate referred to in the communication and whether the communication involved was in support of or in opposition to the candidate; and . (b) Disclosure of amounts provided to certain political committees Section 5(d)(1)(D) of such Act (2 U.S.C. 1605(d)(1)(D)) is amended by striking or political party committee, and inserting the following: political party committee, or political committee which is treated as a covered organization under section 324(f)(1)(D) of the Federal Election Campaign Act of 1971, . (c) Effective date The amendments made by this section shall apply with respect to reports for semiannual periods described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin after the date of the enactment of this Act. 6. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 7. Effective date Except as provided in section 5, the amendments made by this Act shall apply with respect to disbursements made on or after July 1, 2013. |
113-hr-149-ih-dtd | 113-hr-149 | 113 | hr | 149 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr149ih.xml | BILLS-113hr149ih.xml | 2023-01-08 17:42:52.460 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 149 IH: Prioritize Spending Act of 2013
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U.S. House of Representatives
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2013-01-03
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H. R. 149
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IN THE HOUSE OF REPRESENTATIVES
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January 3, 2013
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Mr. Webster of
Florida
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introduced the following bill; which was referred to the
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Committee on Ways and
Means
</committee-name>
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A BILL
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<official-title>
To specify the priority of the obligations of the United
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This Act may be cited as the
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Prioritize Spending Act of
2013
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</quote>
.
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2.
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Priority of
payments if the debt ceiling is reached
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In the event that the debt of the United
States Government, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101
</external-xref>
of title 31, United States Code,
reaches the statutory limit, amounts necessary for obligations incurred by the
Government of the United States shall be made available to the following
obligations before all other obligations and shall be made available as
prioritized in the following order (with items listed in descending order of
prioritization):
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(1)
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Amounts necessary
to carry out the authority of the Department of the Treasury provided in
<external-xref legal-doc="usc" parsable-cite="usc/31/3123">
section 3123
</external-xref>
of title 31, United States Code, to pay with legal tender the
principal and interest on debt held by the public.
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(2)
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Such amounts as the Secretary of Defense
(and the Secretary of Homeland Security in the case of the Coast Guard)
determines to be necessary to continue to provide pay and allowances (without
interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast
Guard, including reserve components thereof, who perform active service.
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(3)
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Such amounts as
the President certifies to the Congress are necessary to carry out vital
national security priorities.
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Amounts necessary to carry out the
authority of the Commissioner of Social Security to pay monthly old-age,
survivors', and disability insurance benefits under title II of the Social
Security Act.
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(5)
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Amounts necessary to make payments under
the Medicare program under title XVIII of the Social Security Act.
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| I 113th CONGRESS 1st Session H. R. 149 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Webster of Florida introduced the following bill; which was referred to the Committee on Ways and Means A BILL To specify the priority of the obligations of the United States Government if the debt ceiling is reached.
1. Short title This Act may be cited as the Prioritize Spending Act of 2013 . 2. Priority of payments if the debt ceiling is reached In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, amounts necessary for obligations incurred by the Government of the United States shall be made available to the following obligations before all other obligations and shall be made available as prioritized in the following order (with items listed in descending order of prioritization): (1) Amounts necessary to carry out the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (2) Such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service. (3) Such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities. (4) Amounts necessary to carry out the authority of the Commissioner of Social Security to pay monthly old-age, survivors', and disability insurance benefits under title II of the Social Security Act. (5) Amounts necessary to make payments under the Medicare program under title XVIII of the Social Security Act. |
113-hr-150-ih-dtd | 113-hr-150 | 113 | hr | 150 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr150ih.xml | BILLS-113hr150ih.xml | 2023-01-08 17:42:51.741 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 150 IH: Congressional Pay Reduction Act
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U.S. House of Representatives
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2013-01-03
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113th CONGRESS
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1st Session
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<legis-num>
H. R. 150
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IN THE HOUSE OF REPRESENTATIVES
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January 3, 2013
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Mr. Yoder
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Ms. Jenkins
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the following bill; which was referred to the
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, and in addition to the Committee on
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Oversight and Government
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A BILL
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To amend the Legislative Reorganization Act of 1946 to
reduce the rates of pay of Members of Congress by 5 percent and eliminate
future cost-of-living adjustments in such rates of pay.
</official-title>
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This Act may be cited as the
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Congressional Pay Reduction
Act
</short-title>
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.
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2.
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<header>
Reduction in
rates of pay and elimination of future cost-of-living adjustments for members
of congress
</header>
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Section 601(a) of
the Legislative Reorganization Act of 1946 (
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2 U.S.C. 31
</external-xref>
) is amended by amending
paragraph (2) to read as follows:
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Effective with respect to pay periods
beginning after the date of the regularly scheduled general election for
Federal office held in November 2014, the annual rate of pay for each of the
positions described in paragraph (1) shall be equal to 95 percent of the annual
rate of pay for such position for the most recent pay period preceding such
election.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
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| I 113th CONGRESS 1st Session H. R. 150 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Yoder (for himself and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Legislative Reorganization Act of 1946 to reduce the rates of pay of Members of Congress by 5 percent and eliminate future cost-of-living adjustments in such rates of pay.
1. Short title This Act may be cited as the Congressional Pay Reduction Act . 2. Reduction in rates of pay and elimination of future cost-of-living adjustments for members of congress Section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is amended by amending paragraph (2) to read as follows: (2) Effective with respect to pay periods beginning after the date of the regularly scheduled general election for Federal office held in November 2014, the annual rate of pay for each of the positions described in paragraph (1) shall be equal to 95 percent of the annual rate of pay for such position for the most recent pay period preceding such election. . |
113-hr-151-ih-dtd | 113-hr-151 | 113 | hr | 151 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr151ih.xml | BILLS-113hr151ih.xml | 2023-01-08 17:42:51.605 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 151 IH: Termination of Lifelong Pensions for Members of Congress Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
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2013-01-03
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 151
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130103">
January 3, 2013
</action-date>
<action-desc>
<sponsor name-id="Y000063">
Mr. Yoder
</sponsor>
(for
himself and
<cosponsor name-id="J000290">
Ms. Jenkins
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
, and in addition to the
<committee-name committee-id="HGO00">
Committee on Oversight and Government
Reform
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 5, United States Code, to provide for the
termination of further retirement benefits for Members of Congress, except the
right to continue participating in the Thrift Savings Plan.
</official-title>
</form>
<legis-body id="HA9434583CB344A98901F7BA9DC64835B" style="OLC">
<section id="HAB3106BCB00D4D8FB230AE0CE81C4F20" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Termination of Lifelong Pensions for
Members of Congress Act
</short-title>
</quote>
.
</text>
</section>
<section id="H9FC57B54EEA34F829DF42B400424AC04">
<enum>
2.
</enum>
<header>
Termination of
further retirement benefits for members of congress
</header>
<subsection display-inline="no-display-inline" id="H453E58F030E043169C95511058799999">
<enum>
(a)
</enum>
<header>
Amendments
relating to the Civil Service Retirement System
</header>
<paragraph id="H606E845AB32544E8BE5BE7DB1DFB5E18">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subchapter III of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/83">
chapter 83
</external-xref>
of title 5, United States
Code, is amended by inserting after section 8335 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF719D4C3E47D4FD6A188F914BCCC79A3" style="USC">
<section id="H99143B150F1546C0BDDF45907F35A1CB">
<enum>
8335a.
</enum>
<header>
Termination
of further retirement coverage of Members of Congress
</header>
<subsection id="H7E4EB1857CB64AE6B2ABF0EF5A672D5D">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of this subchapter and subject to subsection (f), effective on
the date that is 90 days after the date of enactment of this section—
</text>
<paragraph id="H687782A7388846D09A41026F0F19382B">
<enum>
(1)
</enum>
<text>
a Member shall not
be subject to this subchapter for any further period of time; and
</text>
</paragraph>
<paragraph id="HAC9499E3D2BC466CA451DAE43AE4A7DB">
<enum>
(2)
</enum>
<text>
no further
Government contributions or deductions from basic pay may be made with respect
to such Member for deposit in the Treasury of the United States to the credit
of the Fund.
</text>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HFB53CE1018A145FFA58326A286D04562">
<enum>
(b)
</enum>
<header>
Prior rights not
affected
</header>
<text>
Nothing in subsection (a) shall be considered to
nullify, modify, or otherwise affect any right, entitlement, or benefit under
this subchapter with respect to any Member covering any period prior to the
date of enactment of this section.
</text>
</subsection>
<subsection id="H8531790DAB5F4562879470A1BBAEDCF2">
<enum>
(c)
</enum>
<header>
Right To
participate in thrift savings plan not affected
</header>
<text>
Nothing in
subsection (a) shall affect the eligibility of a Member to participate in the
Thrift Savings Plan in accordance with otherwise applicable provisions of
law.
</text>
</subsection>
<subsection id="H513A5FF8F31A4A8199CBD78DC5A392A4">
<enum>
(d)
</enum>
<header>
Regulations
</header>
<text>
Any
regulations necessary to carry out this section may—
</text>
<paragraph id="H2CB4D642B6EB4B50B42AFA8C8008C4A2">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
except with respect to matters relating to
the Thrift Savings Plan, be prescribed by the Director of the Office of
Personnel Management; and
</text>
</paragraph>
<paragraph id="HA208B5F122314BC29B47CF72B03C4BC7">
<enum>
(2)
</enum>
<text>
with respect to
matters relating to the Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
</text>
</paragraph>
</subsection>
<subsection id="H025F74C74A6141F2B02D460E3ED6930D">
<enum>
(e)
</enum>
<header>
Exclusion
</header>
<text>
For
purposes of this section, the term
<term>
Member
</term>
does not include the
Vice President.
</text>
</subsection>
<subsection commented="no" id="HA90911CEDD5E4A908036C4DAD053D61F">
<enum>
(f)
</enum>
<header>
Opt-In
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of
enactment of this section, a Member covered by this subchapter as of such date
of enactment may elect, by giving notice in writing to the official by whom
such Member is paid, to remain subject to this subchapter.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC147E5A5AE144CC48DC821F01D8181DF">
<enum>
(2)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of sections at the beginning of chapter 83 of
title 5, United States Code, is amended by inserting after the item relating to
section 8335 the following:
</text>
<quoted-block id="HE43D67C216CB45DEBBEE5048344E6291" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
8335a. Termination of further retirement
coverage of Members of
Congress.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H34FCA088CCEE40C8BF70FB648590F390">
<enum>
(b)
</enum>
<header>
Amendments
relating to the Federal Employees’ Retirement System
</header>
<paragraph id="H9E9FC5BF583E473B951528BE33C15651">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subchapter II of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/84">
chapter 84
</external-xref>
of title 5, United States
Code, is amended by inserting after section 8425 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5FC5ECF9504645609996F5CF9FA2EF54" style="USC">
<section id="H6F11352B24C74109A54949A8F76B19BE">
<enum>
8425a.
</enum>
<header>
Termination
of further retirement coverage of Members of Congress
</header>
<subsection id="H91165EA9279943CD869D66F82D719F1C">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of this chapter, effective on the date that is 90 days after
the date of enactment of this section—
</text>
<paragraph id="H910CAED53DE448A3BD2C7666101B52FC">
<enum>
(1)
</enum>
<text>
subject to
subsection (f), in the case of an individual who first becomes a Member before
such date of enactment—
</text>
<subparagraph id="HC9AD0A51FCFC4AE4BC9DDB894D2A4DDE">
<enum>
(A)
</enum>
<text>
such Member shall
not be subject to this chapter for any further period of time after such date
of enactment; and
</text>
</subparagraph>
<subparagraph id="HBFFA9E08C48E4962B4383B0AAA3F6747">
<enum>
(B)
</enum>
<text>
no further
Government contributions or deductions from basic pay may be made with respect
to such Member for deposit in the Treasury of the United States to the credit
of the Fund; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H9B23BD321F304AEAACF537FDD5506302">
<enum>
(2)
</enum>
<text>
in the case of an
individual who first becomes a Member on or after such date of
enactment—
</text>
<subparagraph id="H54A1EA48DCFC4C538BEA9F7AC1F7A30B">
<enum>
(A)
</enum>
<text>
such Member shall
not be subject to this chapter; and
</text>
</subparagraph>
<subparagraph id="H2F48CC5880FA4563B8D7950D5C5C48B2">
<enum>
(B)
</enum>
<text>
no Government
contributions or deductions from basic pay may be made with respect to such
Member for deposit in the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H20180EF3FDEC4BF4BD2BBBCF3017A3F3">
<enum>
(b)
</enum>
<header>
Prior rights not
affected
</header>
<text>
Nothing in subsection (a) shall be considered to
nullify, modify, or otherwise affect any right, entitlement, or benefit under
this chapter with respect to any Member covering any period prior to the date
of enactment of this section.
</text>
</subsection>
<subsection id="H1BC33BBE00C34BD1B0FC847F80655245">
<enum>
(c)
</enum>
<header>
Right To
participate in thrift savings plan not affected
</header>
<text>
Nothing in
subsection (a) shall affect the eligibility of a Member to participate in the
Thrift Savings Plan in accordance with otherwise applicable provisions of
law.
</text>
</subsection>
<subsection id="HDA109AC952474BDE94C03DA66A8AD4DF">
<enum>
(d)
</enum>
<header>
Regulations
</header>
<paragraph id="H45CC9A8D77B74623AA242E73C59460F4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Any regulations necessary to carry out this section
may—
</text>
<subparagraph id="HD8D2D685429F4F1EB5683A0D2352633F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
except with respect to matters relating to
the Thrift Savings Plan, be prescribed by the Director of the Office of
Personnel Management; and
</text>
</subparagraph>
<subparagraph id="H08FBBD3EDDEA482C9C05777EB32073C7">
<enum>
(B)
</enum>
<text>
with respect to
matters relating to the Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
</text>
</subparagraph>
</paragraph>
<paragraph id="HF470C2784A8243A7837B34C4C9F25E05">
<enum>
(2)
</enum>
<header>
Refunds
</header>
<text>
Notwithstanding
subsection (b), the regulations under paragraph (1)(A) shall, in the case of a
Member who has not completed at least 5 years of civilian service as of the
date of enactment of this section, provide that the lump-sum credit shall be
payable to such Member to the same extent and in the same manner as if such
Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date
of enactment.
</text>
</paragraph>
</subsection>
<subsection id="H14A26D9A1D06448B91EFD052F23B5049">
<enum>
(e)
</enum>
<header>
Exclusions
</header>
<text display-inline="yes-display-inline">
For purposes of this section, the term
<term>
Member
</term>
does not include the Vice President.
</text>
</subsection>
<subsection commented="no" id="H58A3F97E85C54D6FA200C1643A18F023">
<enum>
(f)
</enum>
<header>
Opt-In
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of
enactment of this section, a Member covered by this chapter as of such date may
elect, by giving notice in writing to the official by whom such Member is paid,
to remain subject to this chapter.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2C3D78C4D3CC437E9FC01FC099ADC1D2">
<enum>
(2)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of sections at the beginning of chapter 84 of
title 5, United States Code, is amended by inserting after the item relating to
section 8425 the following:
</text>
<quoted-block id="HD6C31D93F09C4137B5688DDAD586CB7E" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
8425a. Termination of further retirement
coverage of Members of
Congress.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 151 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Yoder (for himself and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan.
1. Short title This Act may be cited as the Termination of Lifelong Pensions for Members of Congress Act . 2. Termination of further retirement benefits for members of congress (a) Amendments relating to the Civil Service Retirement System (1) In general Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section— (1) a Member shall not be subject to this subchapter for any further period of time; and (2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations Any regulations necessary to carry out this section may— (1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and (2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (e) Exclusion For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date of enactment may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this subchapter. . (2) Clerical amendment The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress. . (b) Amendments relating to the Federal Employees’ Retirement System (1) In general Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section— (1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment— (A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and (B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and (2) in the case of an individual who first becomes a Member on or after such date of enactment— (A) such Member shall not be subject to this chapter; and (B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations (1) In general Any regulations necessary to carry out this section may— (A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and (B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Refunds Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. (e) Exclusions For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter. . (2) Clerical amendment The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress. . |
113-hr-152-eh-dtd | 113-hr-152 | 113 | hr | 152 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr152eh.xml | BILLS-113hr152eh.xml | 2023-01-08 17:42:52.188 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Engrossed-in-House" bill-type="appropriations" dms-id="H3C2911A75FD943C1B3C974CB348D31DF" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 152 EH: Disaster Relief Appropriations Act, 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 152
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
</official-title>
</form>
<legis-body id="HB8F4054A4F8A46F99F24F493E94168A5" style="appropriations">
<section display-inline="yes-display-inline" id="H49AD327E861546D789741BF92FA82530" section-type="undesignated-section">
<text display-inline="yes-display-inline">
<pagebreak/>
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:
</text>
</section>
<division id="H196FE2D9157A4D7B9B740B9FCA4C9962">
<enum>
A
</enum>
<header>
disaster relief appropriations act, 2013
</header>
<title id="H25BF8B7C9245436C8469FFD3CEB119D9">
<enum>
I
</enum>
<appropriations-major id="H91817D5FB7A14B769AF0B04271380E23">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-major id="H074F57CDFDAB412A8B2486695B4952BA">
<header>
domestic food programs
</header>
</appropriations-major>
<appropriations-intermediate id="H57141F66795B49459C59F21898E62A18">
<header>
food and nutrition service
</header>
</appropriations-intermediate>
<appropriations-small id="H6D9CF3CF6141462B88F5E73D7A8C9F8A">
<header>
commodity assistance program
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Commodity Assistance Program
</quote>
for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2036">
7 U.S.C. 2036(a)
</external-xref>
) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508(a)(1)
</external-xref>
), $6,000,000:
<italic>
Provided
</italic>
, That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508
</external-xref>
, 7515):
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC7BF7BCDFE1142DCAE6605DE7BD875C8">
<enum>
II
</enum>
<appropriations-major id="HD2776ECA4044417AABA3ED3C242C64B0">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H11DCF7E259F041E0AEC05E9275A06973">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H909C1EE5E9824767B7F8E958D1402D4B">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H223C585834E7493684ADE04AFCF7C3DE">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H5434002D1E3A4B35B43B08AE0C7BA89C">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H81A2BA922FCA47DB8487DF1C999F3538">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HF20508E0338847788FB9AAFAD3F6C46E">
<enum>
III
</enum>
<appropriations-intermediate id="HC76AA816293944349606C51FFAA3A0DA">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HEBEE3AFD49E84B4288F21D32988B2F8D">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
, $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:
<italic>
Provided,
</italic>
That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H9FAF4C55B92F4E6AB3875EB3624ECED8">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H41E615144A824FA89C0C3CBD7F83AD91">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="HC4922E52208B4F2AAE7E1511B0E51E28">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="H9562DF6AC0EC42B6964B58CAF34B99BF">
<enum>
IV
</enum>
<appropriations-major id="H4A37EF7F83DF4AFF8E0C1F4F142581FD">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HA9C9BA44D0764CDABD89D5629447AC1C">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H67D03C6D5CA1423A8A5DAA15375DE459">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HE49FF74F20FA4D41B4F36294436FA562">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Acquisition, Construction, and Improvements
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding the transfer limitation contained in section 503 of division D of
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
, such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section:
<italic>
Provided further
</italic>
, That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division.
</text>
</appropriations-small>
<appropriations-intermediate id="H50BBEDE08FFA453D895A4C4BB0AC8782">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="HFB008301487A462BA0C870086EDEC9F3">
<header>
Disaster relief fund
</header>
</appropriations-small>
<appropriations-small id="H14D46733CAD744719BE855CE83E0D158">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters:
<italic>
Provided
</italic>
, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further,
</italic>
That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) that is in excess of $1,000,000, the specifics of each such grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
.
</text>
</appropriations-small>
<appropriations-intermediate id="H1DC59A2D45A047A1A371434994D61DAD">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H3D0107A33FB24E22B816564587E125DA">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Research, Development, Acquisition, and Operations
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H6675C0CD973E4D02AAEC84CB213F0A2B">
<header>
Domestic Nuclear Detection Office
</header>
</appropriations-intermediate>
<appropriations-small id="HC23F26FE18CE4B629B9B52156CD8D97A">
<header>
Systems acquisition
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Systems Acquisition
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HFF887362A4384834B0D485A4EE133C70">
<header>
General Provision—This Title
</header>
</appropriations-intermediate>
<section id="HFA18DFE829AA42E9BF4879AAAA0B4A12">
<enum>
401.
</enum>
<text display-inline="yes-display-inline">
Funds made available by
<external-xref legal-doc="public-law" parsable-cite="pl/109/88">
Public Law 109–88
</external-xref>
for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy.
</text>
</section>
</title>
<title id="HD20B158DFC5748AEB058412A6928F054">
<enum>
V
</enum>
<appropriations-major id="H7D129F45F47A4AF29180FFC670CD281D">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC58B2C1264184FCAB181D8E703167958">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="H51E9A973C26C4F919930223BDFFB0CE4">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H4CA1E9D443844840B22DCDE747616FF1">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3717906F1AA645CE8C53A0A54D4193D3">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA70174F2640B43628352B7A584BC11E5">
<header>
Bureau of safety and environmental enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H343BE13778414CAA95D8D9B890F1BDE2">
<header>
Oil spill research
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Oil Spill Research
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HCA6283F8776C4D2491FD56F9C1D0D01A">
<enum>
VI
</enum>
<appropriations-major id="H5CF0AF02345C43C494CFDA5E46423DB6">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="HE8779640EA91453290E61D7A873DA5CD">
<header>
office of the secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HB784B982F4A64951BD82E9ABBA6A660E">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="H3CBDF3E4C63B47629881F12AE1C5BF3B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H33364EFA9DBD424B877DB83229B787D3">
<header>
related agencies
</header>
</appropriations-major>
<appropriations-intermediate id="HEEE4AC8187914206BCCBCFD51B52DEA5">
<header>
Social Security Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H1FEBB8F0C65D43F995CD0EBCF48717A3">
<header>
Limitation on Administrative Expenses
</header>
</appropriations-small>
<appropriations-small id="H77C130B9B07B4883934602FDB49E5269">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HA9D5482E2CD34D35A5563BB8B37FBF3A">
<enum>
VII
</enum>
<appropriations-major id="HB8D4C258DC474EEAB47510B0E3460BB8">
<header>
department of defense
</header>
</appropriations-major>
<appropriations-major id="H4C508DBC2E804E458C37D45B6EC9EE02">
<header>
military construction
</header>
</appropriations-major>
<appropriations-intermediate id="HADCA4C5BD8814D9C8BE1486E8083DE4B">
<header>
Military Construction, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Military Construction, Army National Guard
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="H73325365178A408DA47737F5205C0CC3">
<header>
Department of Veterans Affairs
</header>
</appropriations-major>
<appropriations-intermediate id="H57ADD86426C044B89D9A7E4DFC896384">
<header>
Veterans Health Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H0F7D02FCE3184ACC94D087872D9C6290">
<header>
Medical Services
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Medical Services
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="HA9D6BBD10DDB4E1686EFDB69E31C1601">
<header>
Medical Facilities
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H995C9BC51E274FC092B744790D9577AE">
<header>
National Cemetery Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E117126D9B64403AABD5A8744685F37">
<text display-inline="no-display-inline">
For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H72CA79536FF744318691049B9A3125D7">
<header>
Departmental Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H18FF97AD92834B2B84BE070BD482A22C">
<header>
Information Technology Systems
</header>
<text display-inline="no-display-inline">
For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H62A2982611D847FCB06769560FF8A7E2">
<header>
Construction, Major Projects
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC93F918CD9DF4D1E852FEBDA5CEF2FB3">
<enum>
VIII
</enum>
<appropriations-major id="HBB478BE03C5549C8BDCC046823D60EC7">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HB8DB96A724F14410B0D3E3006325AE16">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HAA27E79396B64BB2ADA7A84E1E21D86A">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H2B927335F063425897CDADDE4619414B">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
<italic>
,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF5541334D2014153916DAA9E05EBA431">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7BFC559101F14256B0EC2A466DE7C119">
<header>
Operating subsidy grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operating Subsidy Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H04273A3E76EF4AE587F5406902A0BAE0">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H80F8489AD49A424BA4A98856C3A6CB7C">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="HF37E958C31B94FCDB401C7C3CCB10559">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy:
<italic>
Provided
</italic>
, That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H4F67F1420797473EBF9E4AEB3E171A26">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="HD8F3EEC985C54DD1AF091BBEDEB39A12">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="H110EF76689CC4171AD2EBDA8B2466EA1">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="H44DD6893C0AD43ABB3BB23B1A7D756F6">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided
</italic>
, That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data:
<italic>
Provided further,
</italic>
That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further
</italic>
, That a grantee may use up to 5 percent of its overall allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
) or this heading:
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(1)
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H61E3577340164628A452A557EE8EF79C">
<header>
Administrative provision—Department of housing and urban development
</header>
</appropriations-intermediate>
<section id="H7C1A5A05A3314635B83A5DEECF16B8F9">
<enum>
801.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
</title>
<title id="HDF8EF567C3D54A2A8BD4BBC7D066D76B">
<enum>
IX
</enum>
<header display-inline="no-display-inline">
general provisions—this division
</header>
<section id="HAA5B9F45B5D14A6DA3811FCC2C517FD4">
<enum>
901.
</enum>
<text display-inline="yes-display-inline">
Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved.
</text>
</section>
<section id="H9DA3B3FB557D4C0DBEE272DF1240F0DC">
<enum>
902.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="H5BA4C321BAE24622A3562900D39C6736">
<enum>
903.
</enum>
<text display-inline="yes-display-inline">
No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
</text>
</section>
<section id="H1556D2C08C224E439621B44026083FB7">
<enum>
904.
</enum>
<subsection display-inline="yes-display-inline" id="H722A2568A15941E29CCA29C586A2D7AD">
<enum>
(a)
</enum>
<paragraph display-inline="yes-display-inline" id="HAE298732A4D64FA992495F9D1DE332F6">
<enum>
(1)
</enum>
<text>
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
<quote>
OMB
</quote>
), 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.
</text>
</paragraph>
<paragraph id="HAAD3208E05C849C1BE31E03995A38F02" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</paragraph>
</subsection>
<subsection id="HE640E5356B4A4804B5D7E25F876AF203">
<enum>
(b)
</enum>
<text display-inline="yes-display-inline">
All programs and activities receiving funds under this division shall be deemed to be
<quote>
susceptible to significant improper payments
</quote>
for purposes of the Improper Payments Information Act of 2002 (
<external-xref legal-doc="usc" parsable-cite="usc/31/3321">
31 U.S.C. 3321
</external-xref>
note), notwithstanding section 2(a) of such Act.
</text>
</subsection>
<subsection id="HF128A41E9E214F82AD034A52071AC6EE">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HE97343CBE6504C8FAEB1F9BA4C2E4BE9">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H2D967B81D81549ACAC9E2DDD052D71CB" section-type="undesignated-section"/>
</title>
<title id="H223245FC568D4CE794DADA78DA6D074C">
<enum>
X
</enum>
<header display-inline="no-display-inline">
Additional Disaster Assistance
</header>
<chapter id="H55D6752ACE6444C18726E97A83AC23EA">
<enum>
1
</enum>
<appropriations-major id="H03B19368978C41F9BC6E452F32F37504">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-intermediate id="HF74EEEEC01F845B6B2218C0BB8A12E50">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HA5046D31658A4D6EA02E7B132153AEEA">
<header>
Emergency conservation activities
</header>
</appropriations-small>
<appropriations-small id="H3988D7B3EA4C4D5EBCAD9F0A224F0C60">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201 et seq.
</external-xref>
) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201
</external-xref>
, 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2203">
16 U.S.C. 2203
</external-xref>
), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2206">
16 U.S.C. 2206
</external-xref>
):
<italic>
Provided
</italic>
, That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="H78B1BC98774F44D8BEE08A651AD80D59">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6A334A7B9F854F73B45EC16FF83E4549">
<enum>
1011.
</enum>
<text display-inline="yes-display-inline">
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
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">
Public Law 110–329
</external-xref>
(122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities.
</text>
</section>
</chapter>
<chapter id="H46D005FFD87442EF8C12C9FC3EC02678">
<enum>
2
</enum>
<appropriations-major id="H86853230ABEB4F809A46EA2F1814F783">
<header>
Department of Commerce
</header>
</appropriations-major>
<appropriations-intermediate id="H0152756A3E5045AF8D5351CB0CBA9E91">
<header>
National Oceanic and Atmospheric Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7CD3DCA3EA744EC1B223AEDF8627FB2B">
<header>
Operations, research, and facilities
</header>
</appropriations-small>
<appropriations-small id="H2F3170AF402B406993CFC4FD09650718">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operations, Research, and Facilities
</quote>
, $290,000,000 (reduced by $150,000,000) to remain available until September 30, 2014, as follows:
</text>
<paragraph id="H62D676C75A164CA99D0F518178DF1725">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="H4D2D0274BAD54180B07CC7A09E99A4AF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HF610D88566564F6CB8BC1C61D25ED7FA">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0A0A9C50D7A4B7894860E813F232DD4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites;
</text>
</paragraph>
<paragraph id="H5D4C3686AB1B4AF5A305CABD473747B3">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and
</text>
</paragraph>
<paragraph id="H8A347522C96946AD8743E6087A0653FF">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
$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:
</text>
<continuation-text indent="flush-left">
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-small id="HEE7230E268B94DC09BB76E22E1F93527">
<header>
Procurement, acquisition and construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement, Acquisition and Construction
</quote>
, $186,000,000, to remain available until September 30, 2015, as follows:
</text>
<paragraph id="H615F2E6C3DA748BE93330D1DD44DE175">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0D7386233F9496A90DBA4BC8A3560E1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft;
</text>
</paragraph>
<paragraph id="HF3A04B8145734C0D8923BD7724420AA2">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure;
</text>
</paragraph>
<paragraph id="HDB5BBBF283014A8599CD9F3E6C98AD76">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$13,000,000 to accelerate the National Weather Service ground readiness project; and
</text>
</paragraph>
<paragraph id="H4BCED087CC884DD5B007DFA77874329F">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$111,000,000 for a weather satellite data mitigation gap reserve fund:
</text>
<continuation-text>
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-major id="HA719F997E72F47BDB120AAA9BA318D70">
<header>
Department of Justice
</header>
</appropriations-major>
<appropriations-intermediate id="HF7787B2DBC28440BB7A10B6C6098E650">
<header>
Federal Bureau of Investigation
</header>
</appropriations-intermediate>
<appropriations-small id="H0380F4A2C429408BA5B7FB08BBBCF719">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,020,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H8DA880725B8948D2839BE40C77909786">
<header>
Drug Enforcement Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E68FB7FE2CD4394B3E5101A8FA21D44">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HDC4012F07AB94A20A04B78BC1089F941">
<header>
Bureau of Alcohol, Tobacco, Firearms and Explosives
</header>
</appropriations-intermediate>
<appropriations-small id="H3C09EC5CD9144619974E59E36AC0793F">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $230,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63852E99310B49C5AA41546E9D04C460">
<header>
Federal Prison System
</header>
</appropriations-intermediate>
<appropriations-small id="H1D73997A30254BABB8BF97DFF55923DA">
<header>
Buildings and facilities
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Buildings and Facilities
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HEBCF7DEA8EEC4EF2A49FD62DDF99D8EC">
<header>
Science
</header>
</appropriations-major>
<appropriations-intermediate id="H01E7145564D1499881C91479A6CD2B75">
<header>
National Aeronautics and Space Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H6ECD614678BE493BA6010AD18131366D">
<header>
Construction and environmental compliance and restoration
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction and Environmental Compliance and Restoration
</quote>
for repair at National Aeronautics and Space Administration facilities damaged by Hurricane Sandy, $15,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HB0DC2F9B20DE45869C793CE03564DA48">
<header>
Related Agencies
</header>
</appropriations-major>
<appropriations-intermediate id="H12112EEADBA4477993FA576B2A43FF06">
<header>
Legal Services Corporation
</header>
</appropriations-intermediate>
<appropriations-small id="H800AA20071D54F05A661CD79ED9E91D8">
<header>
Payment to the legal services corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Payment to the Legal Services Corporation
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
, and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">
Public Law 104–134
</external-xref>
(referenced by
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
) shall not apply to the amount made available under this heading:
<italic>
Provided further
</italic>
, That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government.
</text>
</appropriations-small>
</chapter>
<chapter id="HE731B1B2116B447C87A7CACDBAAF99A4">
<enum>
3
</enum>
<appropriations-major id="H88011C20653D42098DF6F24DA5B52DE6">
<header>
Department of defense
</header>
</appropriations-major>
<appropriations-major id="H6F4E8453C4144809ACA00221FCBAB273">
<header>
Department of defense—military
</header>
</appropriations-major>
<appropriations-major id="H7330D78854B449FD98B03B01F8D6B442">
<header>
OPERATION AND MAINTENANCE
</header>
</appropriations-major>
<appropriations-intermediate id="HA979485F004E4B898642ECA135DD0BF8">
<header>
Operation and Maintenance, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army
</quote>
, $5,370,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H5ECF63BA2D694F739FA37DCC94FE917C">
<header>
Operation and Maintenance, Navy
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Navy
</quote>
, $40,015,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H6B9A12097790448CB0ABD15A7A502A37">
<header>
Operation and Maintenance, Air Force
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air Force
</quote>
, $8,500,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HF8214F510E514408AB47EBF652CED114">
<header>
Operation and Maintenance, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army National Guard
</quote>
, $3,165,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HCDEA0971A9264E4A8179126F1FDCACB4">
<header>
Operation and Maintenance, Air National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air National Guard
</quote>
, $5,775,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="HB64AC289F8954E338106A981BE91F3B7">
<header>
PROCUREMENT
</header>
</appropriations-major>
<appropriations-intermediate id="HD1078357EB2F4D71A55BB4311FB19AE6">
<header>
Procurement of Ammunition, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement of Ammunition, Army
</quote>
, $1,310,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="H79222537C75143F9A2453F186919FF93">
<header>
REVOLVING AND MANAGEMENT FUNDS
</header>
</appropriations-major>
<appropriations-intermediate id="H7D38D45956CF4370954E9775F9FF0383">
<header>
Defense Working Capital Funds
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Defense Working Capital Funds
</quote>
, $24,200,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
</chapter>
<chapter id="HC215203D71AA472CBCFE1F9EDE7984B2">
<enum>
4
</enum>
<appropriations-major id="H7D0F46CB73134499B0BD843453B0A347">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H0BCC78C7011F412889A3981E44789421">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H6DD5A68A518A4EB4937536D1C8ED8B59">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That a final report shall be submitted to the appropriate congressional committees within 24 months of the date of enactment of this division:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H74675EF9856D4678924A8F4C5C497634">
<header>
Construction
</header>
</appropriations-small>
<appropriations-small id="H8C0F2E4832764610BE3869CEE75EEC72">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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
<quote>
Investigations
</quote>
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
<quote>
Investigations
</quote>
to be submitted not later than May 1, 2013:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the completion of ongoing construction projects receiving funds provided by this division shall be at full Federal expense with respect to such funds:
<italic>
Provided further,
</italic>
That the non-Federal cash contribution for projects using these funds shall be financed in accordance with the provisions of section 103(k) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/662">
Public Law 99–662
</external-xref>
over a period of 30 years from the date of completion of the project or separable element:
<italic>
Provided further,
</italic>
That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds:
<italic>
Provided further,
</italic>
That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps:
<italic>
Provided further,
</italic>
That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy:
<italic>
Provided further,
</italic>
That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors:
<italic>
Provided further,
</italic>
That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division.
</text>
</appropriations-small>
<appropriations-small id="H0B0A8C4907634D149047F502118F302A">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H16DCC86B038F4413AD70B24DEC5B26F0">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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
<quote>
Investigations
</quote>
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:
<italic>
Provided further,
</italic>
That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to funds provided under this heading:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H6F15094BE15B40AC86C81345B2216B80">
<header>
Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Expenses
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H40260B604BCA4A85B28C132D6045667B">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6FFCE76F28F94AC891215F44E5E80167">
<enum>
1041.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title II of this division, and such title shall have no force or effect.
</text>
</section>
</chapter>
<chapter id="H512DA05475C04415864019FCEF796E29">
<enum>
5
</enum>
<appropriations-intermediate id="H2EF5416D43A245A08EF3C40CD11772AF">
<header>
General Services Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HCC3FBDA6FF8C44A480F14F9821182A22">
<header>
Real property Activities
</header>
</appropriations-small>
<appropriations-small id="HF3F05AE8D6C4410089542B0B0FCCE73F">
<header>
Federal buildings fund
</header>
</appropriations-small>
<appropriations-small id="H1483F5B5F1804DDABB0643A298683E72" indent="flush-left">
<text display-inline="no-display-inline">
For an additional amount to be deposited in the
<quote>
Federal Buildings Fund
</quote>
, $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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HBA293E103F9443898AB6F8B1D6FD430B">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H037A40157F004E4B8E08A517F655EC6B">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title III of this division shall be applied by substituting
<quote>
$20,000,000
</quote>
for
<quote>
$10,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-small id="HC2574CEB70454182B1C6EA4A75254151">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
, $5,000,000, to remain available until expended:
<italic>
Provided,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H07CEBA3A92B34E86AEF7E1A19E631932">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="H23759D8594DC4D1C98544B0A77715807">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Loans Program Account
</quote>
for the cost of direct loans authorized by section 7(b) of the Small Business Act, $520,000,000, to remain available until expended:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H58020E9E6FD14BB6898A0AF9830AA3BE">
<enum>
6
</enum>
<appropriations-major id="HE61D68C60C23490A967949A9F9854104">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HC3C79F9318CB44139ECA747238BA4536">
<header>
United States Customs and Border Protection
</header>
</appropriations-intermediate>
<appropriations-small id="H62046856413F42DEAB6030CC84236D93">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,667,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF4091D5E439B4AA9896FD3FDDEDE38CB">
<header>
United States Immigration and Customs Enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H9A387D0B382D4A85B103F7C72DD85BFE">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $855,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H543B866123D545028445B37EB3017AD0">
<header>
United States Secret Service
</header>
</appropriations-intermediate>
<appropriations-small id="H31EFACCE21F04EA3B3783D26D2051867">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $300,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63047A226A9B41F5B91AF1EDCB784A4E">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H4A663E4A55FB47C09D6092D72D3DEDB5">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HFB69119601244585A43592275420B3F7">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$274,233,000
</quote>
for
<quote>
$143,899,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HE01FA2D4FDC64AF09226B027FEEE954A">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="H33569716BEA2431AAD646DD0A6AF8F69">
<header>
Disaster Relief Fund
</header>
</appropriations-small>
<appropriations-small id="H63C6DDC268394BDDB13ABD1CBC1098FF">
<header>
(Including Transfer of Funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $11,487,735,000, to remain available until expended:
<italic>
Provided
</italic>
, That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further
</italic>
, That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security
<quote>
Office of Inspector General
</quote>
for audits and investigations related to disasters;
<italic>
Provided further
</italic>
, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) the specifics of the grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
:
<italic>
Provided further
</italic>
, That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect.
</text>
</appropriations-small>
<appropriations-small id="HF5803F85F5D14FF99C6BA3F3A8D33529">
<header>
Disaster Assistance Direct Loan Program Account
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Assistance Direct Loan Program Account
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further
</italic>
, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000:
<italic>
Provided further
</italic>
, That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H8E352D41F5AB43B7BDBD20F0100F7ED4">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H9886EDFA4AC64BD9A45F108EFC1CB875">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$3,249,000
</quote>
and
<quote>
September 30, 2014
</quote>
for
<quote>
$585,000
</quote>
and
<quote>
September 30, 2013
</quote>
, respectively.
</text>
</appropriations-small>
</chapter>
<chapter id="HEA73E9277FFC487892907A7598364924">
<enum>
7
</enum>
<appropriations-major id="H7EC6FE750F7642E2891303AFBE95C6B7">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC932844BEEF1484C9A16DAE260C42CE5">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="HDF151275934D4580A7BEB6D482852E36">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$78,000,000 (reduced by $9,800,000)
</quote>
for
<quote>
$49,875,000
</quote>
:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA6AFF81DF4F246049383B0F2595BD837">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3E247EFD2D374D42A2EA93EC02646DD0">
<header>
historic preservation fund
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Historic Preservation Fund
</quote>
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:
<italic>
Provided
</italic>
, 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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That individual grants shall not be subject to a non-Federal matching requirement:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H7A59C0BC1FC845FEA8478669AFD99159">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$348,000,000
</quote>
for
<quote>
$234,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HCA33D334B625478AB11FCF768ACA016C">
<header>
Departmental Operations
</header>
</appropriations-intermediate>
<appropriations-small id="HC7BA8D0EE9614ED5A891A0FD7FEF0788">
<header>
office of the secretary
</header>
</appropriations-small>
<appropriations-small id="H25B26E1207674F3BA2AF03BB7D00A14B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Departmental Operations
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HCEE99954A45A4B44BA76979B3DED2862">
<header>
ENVIRONMENTAL PROTECTION AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="H4ADBAB6543ED4584ADC9C59F85B182A2">
<header>
Environmental Programs and Management
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Environmental Programs and Management
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $725,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H92A7145BD89D4E33BD180F8C9B959ACC">
<header>
Hazardous Substance Superfund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Hazardous Substance Superfund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H7E8201BAF40946DDB9F3103596B3960A">
<header>
Leaking Underground Storage Tank Fund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Leaking Underground Storage Tank Fund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $5,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HA022ADCE49E64FAA8099CC4A5D8362D5">
<header>
State and Tribal Assistance Grants
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
State and Tribal Assistance Grants
</quote>
, $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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="HD39E8159CF204A469C94C18AD179E9BE">
<header>
RELATED AGENCIES
</header>
</appropriations-major>
<appropriations-major id="HD117ED3F8DA84679B839A09BE74D25E2">
<header>
DEPARTMENT OF AGRICULTURE
</header>
</appropriations-major>
<appropriations-intermediate id="HF013EE83C4784133B5671FFA63CA25B0">
<header>
Forest Service
</header>
</appropriations-intermediate>
<appropriations-small id="HC90A7C3FBB5D408F982167D2CE8EFA36">
<header>
capital improvement and maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Capital Improvement and Maintenance
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $4,400,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HE7B5421458904D588AF3055D9D970A72">
<header>
OTHER RELATED AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="HFC2874F0BF624C5098C0EE508040FDD6">
<header>
Smithsonian Institution
</header>
</appropriations-intermediate>
<appropriations-small id="H269ACF2E3BCB4D6DA49D71E01F1FDF3C">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H91C85005AAE14661A75159CFF74BED05">
<enum>
8
</enum>
<appropriations-major id="H0C8E2216D72C4F37A2B8E3B78C491A21">
<header>
Department of Labor
</header>
</appropriations-major>
<appropriations-intermediate id="HBEE52331CBB64822B03445DD40EF0AF9">
<header>
Employment and Training Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8E716AFBE6D74F4FB4299B087EF6F9FC">
<header>
training and employment services
</header>
</appropriations-small>
<appropriations-small id="HBBE7A1AB59AD47EF948BFF80C3C3F89D">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Training and Employment Services
</quote>
, $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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HEB8234BC6F2E4F19A1BA1615E653AC56">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="H83C4CC653D0242AB96ABB271760A1C70">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HE1E14E47FF284EB285F09C2072156BBF">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="HB3BFC13912DE4E55AE3B01D8D9F8BDA1">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
That $100,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein:
<italic>
Provided further,
</italic>
That $500,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
That section 2002(c) of the Social Security Act shall be applied to funds appropriated in the preceding proviso by substituting
<quote>
succeeding 2 fiscal years
</quote>
for
<quote>
succeeding fiscal year
</quote>
:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="HA7E6F99350374F1AA9C25A20A488809A">
<enum>
9
</enum>
<appropriations-major id="HF91FA3CB4B054E5A83EBC7247BD39476">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HC2185B79103C4E67BAC9D727FF4AD7D2">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HE479E26904414398BE65020FC40BDE74">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H34DC5C9C5F9747F79D27878D86F69183">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H7515C63D9251454B8B4A921046E20699">
<header>
Federal highway administration
</header>
</appropriations-intermediate>
<appropriations-small id="H73846A339B5D4069A97E87B480BE6EFE">
<header>
Federal-aid highways
</header>
</appropriations-small>
<appropriations-small id="H87A872FC35CC4D72A76E8DF5C95DB2F7">
<header>
Emergency relief program
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/23/125">
section 125
</external-xref>
of title 23, United States Code, $2,022,000,000, to remain available until expended:
<italic>
Provided
</italic>
, That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000:
<italic>
Provided further,
</italic>
That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy:
<italic>
Provided further,
</italic>
That no funds provided in this division shall be used for section 125(g) of such title:
<italic>
Provided further,
</italic>
That the amount provided 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HEBBA484EE0D44ABA9F2FFA7D0578F550">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="HB2A1EB88A4B048F5908C31A15BF3A949">
<header>
Grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided
</italic>
, That none of the funds may be used to subsidize operating losses of the Corporation:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H878BD414A4604F0ABB91C1A7285ED7BD">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8D9F10038C5B4780BFB3AF828B78E5E4">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="H920270E9F5974EC1A5642940E3F10C22">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy:
<italic>
Provided,
</italic>
That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy:
<italic>
Provided further,
</italic>
That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer:
<italic>
Provided further,
</italic>
That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HDDA80CD6789C4CACA776FB341DAA8DC3">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="H65D991CE99794F489D7FC2EFA93B9E48">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="HA03D569E1CD344FEB6B716FBBC8EFF8E">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="HC0CF575DEC1548FDB635AA40A4556075">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided,
</italic>
That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data:
<italic>
Provided further,
</italic>
That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division:
<italic>
Provided further,
</italic>
That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further,
</italic>
That a grantee may use up to 5 percent of its allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit:
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-major id="HB82FCD91F39F497984216FB623EF4FA0">
<header>
General provisions—This chapter
</header>
</appropriations-major>
<section id="H0A495994A4BF4B7BB2D24D78506936CF">
<enum>
1091.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
<section id="H441A67C2948E42869126083144F53E25">
<enum>
1092.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HD67305C013944E87B93220E0D7310242">
<enum>
1093.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HA64ACAE827354C8393E7918421B96EB5">
<enum>
1094.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect.
</text>
</section>
<section id="H0651DFF3542043518D63D82075F7CBCA">
<enum>
1095.
</enum>
<text display-inline="yes-display-inline">
The amounts otherwise provided by this division are revised by reducing the amount made available for
<quote>
Small Business Administration—Disaster Loans Program Account
</quote>
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
<quote>
Department of Veterans Affairs—National Cemetery Administration
</quote>
, by $1,000,000.
</text>
</section>
<section id="H0F6ECF1700B14158B9BA492540821A51">
<enum>
1096.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HB2D3592E192D42AF9D104D76499CA309" section-type="undesignated-section">
<text display-inline="yes-display-inline">
This division may be cited as the
<quote>
<short-title>
Disaster Relief Appropriations Act, 2013
</short-title>
</quote>
.
</text>
</section>
</chapter>
</title>
</division>
<division id="H4097DCA653764DD3B4CD16F1ED018DF8" style="OLC">
<enum>
B
</enum>
<header>
Sandy Recovery Improvement Act of 2013
</header>
<section id="H842B8D956740491A88400A28FC27E66C" section-type="subsequent-section">
<enum>
1101.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="H1B5510387BDD4F67832BEA56ACD34461">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This division may be cited as the
<quote>
<short-title>
Sandy Recovery Improvement Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H6073CFC81A2A453CB38FA7C5967CD262">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this division is as follows:
</text>
<toc container-level="division-container" idref="H4097DCA653764DD3B4CD16F1ED018DF8" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H842B8D956740491A88400A28FC27E66C" level="section">
Sec. 1101. Short title; table of contents.
</toc-entry>
<toc-entry idref="H3C061263A58C46AEBFEB552FB76E5CFB" level="section">
Sec. 1102. Public assistance program alternative procedures.
</toc-entry>
<toc-entry idref="H43CAA50D23EC46BDBE994A5F6B01CC1D" level="section">
Sec. 1103. Federal assistance to individuals and households.
</toc-entry>
<toc-entry idref="H61EE08509DDC49F2A825CF7669EFF977" level="section">
Sec. 1104. Hazard mitigation.
</toc-entry>
<toc-entry idref="H5053AB56AF0B41099A67F52C71F70391" level="section">
Sec. 1105. Dispute resolution pilot program.
</toc-entry>
<toc-entry idref="HB641C978B915409087DC39D7D55E8C86" level="section">
Sec. 1106. Unified Federal review.
</toc-entry>
<toc-entry idref="H9DDC8EEC1201402DB2EC5852B06F716B" level="section">
Sec. 1107. Simplified procedures.
</toc-entry>
<toc-entry idref="H6A10C3C7039F46C3AC42D657394C5F06" level="section">
Sec. 1108. Essential assistance.
</toc-entry>
<toc-entry idref="H3B386FB8844341238A880F490E8D1398" level="section">
Sec. 1109. Individual assistance factors.
</toc-entry>
<toc-entry idref="H5ADC21B8762E4630BED3E88BBA179943" level="section">
Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act.
</toc-entry>
<toc-entry idref="H333DD6B480B5432B9BEEE07B6A0299F7" level="section">
Sec. 1111. Recommendations for reducing costs of future disasters.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H3C061263A58C46AEBFEB552FB76E5CFB">
<enum>
1102.
</enum>
<header>
Public assistance program alternative procedures
</header>
<text display-inline="no-display-inline">
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H7FA277BB87DE4B8B84D2C8DAD95DC368">
<enum>
(1)
</enum>
<text>
by redesignating the second section 425 (relating to essential service providers) as section 427; and
</text>
</paragraph>
<paragraph id="H30A2F458A4534A658BCF439957F67C7D">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1DAC8718A0704873964C578925AC05C8" style="OLC">
<section id="H329C4461DF234752A04863592E90FF6E">
<enum>
428.
</enum>
<header>
Public assistance program alternative procedures
</header>
<subsection id="H467AF72962594222BD966A338F023565">
<enum>
(a)
</enum>
<header>
Approval of projects
</header>
<text>
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.
</text>
</subsection>
<subsection id="H3384FB80A99448D6A470F973B4C8FC0F">
<enum>
(b)
</enum>
<header>
Adoption
</header>
<text>
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).
</text>
</subsection>
<subsection id="H545B8BCB9DA74248B9D2F1B1821A67C4">
<enum>
(c)
</enum>
<header>
Goals of procedures
</header>
<text>
The alternative procedures adopted under subsection (a) shall further the goals of—
</text>
<paragraph id="HE457CBD0EE5243E181EF88661795B2E0">
<enum>
(1)
</enum>
<text>
reducing the costs to the Federal Government of providing such assistance;
</text>
</paragraph>
<paragraph id="H7D4A3FD9802842828555C07734414D5B">
<enum>
(2)
</enum>
<text>
increasing flexibility in the administration of such assistance;
</text>
</paragraph>
<paragraph id="HE6E5CA81B9D44C07B723B03B716E0E51">
<enum>
(3)
</enum>
<text>
expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and
</text>
</paragraph>
<paragraph id="HECD24553B40E4AB292CA233103F5A66D">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H39373803E5C7456B8CB0AFD7A4D5B1F4">
<enum>
(d)
</enum>
<header>
Participation
</header>
<text>
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.
</text>
</subsection>
<subsection id="H800309C1B96E4EB89483305C4FFF68EB">
<enum>
(e)
</enum>
<header>
Minimum procedures
</header>
<text display-inline="yes-display-inline">
The alternative procedures adopted under this section shall include the following:
</text>
<paragraph id="H95704987961B4C31AE05668B9683296C">
<enum>
(1)
</enum>
<text>
For repair, restoration, and replacement of damaged facilities under section 406—
</text>
<subparagraph id="H4361F0A7D6FE4DEB9A83AE7EA73ACBB2">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H4D15B4E1461045F3B006C3D637ED53F6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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—
</text>
<clause id="HB74C232FB26549C5BBE43FA25EDBA126">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HA5736B951CE84800A73845B10B23B91D">
<enum>
(ii)
</enum>
<text>
management expenses;
</text>
</clause>
</subparagraph>
<subparagraph id="HD9B410F330AB4360ABD3CEF84C82737D">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H31937BEF3FAC4CC5BE98983DD1AD662D">
<enum>
(D)
</enum>
<text>
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—
</text>
<clause id="HCFF46DAD5E344FA692AD3FF6435500D0">
<enum>
(i)
</enum>
<text>
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
</text>
</clause>
<clause id="H58A42479937E4DCBBA56D44DFC88598B">
<enum>
(ii)
</enum>
<text>
other activities to improve future Public Assistance operations or planning;
</text>
</clause>
</subparagraph>
<subparagraph id="H0AA09B88D7E1483DAE58DE2F120E03AD">
<enum>
(E)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H01BA5433F5124D68AF6E158F67348A59">
<enum>
(F)
</enum>
<text>
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.
</text>
</subparagraph>
</paragraph>
<paragraph id="H364CD3E455F24FD180747BBF5899FD96">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
</text>
<subparagraph id="H85077159FD3244DC90B059A431D4ADD4">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HFCAD9C5D19C848E2B9CB6EA12FBEE5BC">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H479556C23F904C719C07CE58DF49024E">
<enum>
(C)
</enum>
<text>
allowing use of program income from recycled debris without offset to the grant amount;
</text>
</subparagraph>
<subparagraph id="HA32C03BD4F1A49D28FFBD4011426E78D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
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;
</text>
</subparagraph>
<subparagraph id="H35289411598F4E41AA286C4D4425AA52">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H7F97BFE2DC864B3A963E99571F71F29E">
<enum>
(F)
</enum>
<text>
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—
</text>
<clause id="H81C693002566427CAEE7B39736CB7E19">
<enum>
(i)
</enum>
<text>
debris management planning;
</text>
</clause>
<clause id="H0575A90CDD654847AD77BC0ACBDD8BE8">
<enum>
(ii)
</enum>
<text>
acquisition of debris management equipment for current or future use; and
</text>
</clause>
<clause id="HABFB913056354884B3DA4E01AACC16D3">
<enum>
(iii)
</enum>
<text>
other activities to improve future debris removal operations, as determined by the Administrator.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5C6D144CD1074979BDFA18C6D4F1CBB5">
<enum>
(f)
</enum>
<header>
Waiver authority
</header>
<text display-inline="yes-display-inline">
Until such time as the Administrator promulgates regulations to implement this section, the Administrator may—
</text>
<paragraph id="H4ED8FB37371C41F59ED7D8D43940F76E">
<enum>
(1)
</enum>
<text>
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
</text>
</paragraph>
<paragraph id="HEDC845EB7A9C404980B0E460A3E512D6">
<enum>
(2)
</enum>
<text>
carry out the alternative procedures under this section as a pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HCA403A1121184CD28716C4D0F08003D4">
<enum>
(g)
</enum>
<header>
Overtime payments
</header>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H7648E3F3FC7C455E802E59B3A5E56CC5">
<enum>
(h)
</enum>
<header>
Report
</header>
<paragraph id="HE00D26CD15C54B588B1EAB214450B9E3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HB7BCF16548D74C5D89299D8271F86185">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report shall contain an assessment of the effectiveness of the alternative procedures, including—
</text>
<subparagraph id="HB0D324C40719457CBF7CE11F8382AD75">
<enum>
(A)
</enum>
<text>
whether the alternative procedures helped to improve the general speed of disaster recovery;
</text>
</subparagraph>
<subparagraph id="H1A2954C9916641DFB4C714F7FE265797">
<enum>
(B)
</enum>
<text>
the accuracy of the estimates relied upon;
</text>
</subparagraph>
<subparagraph id="HA16B7B94E362468CA8C530B86F0ECCAE">
<enum>
(C)
</enum>
<text>
whether the financial incentives and disincentives were effective;
</text>
</subparagraph>
<subparagraph id="HF03E3F7DE4904F22BF0BE32036B1421F">
<enum>
(D)
</enum>
<text>
whether the alternative procedures were cost effective;
</text>
</subparagraph>
<subparagraph id="HE427127D438B4D36B5002E3080F8D489">
<enum>
(E)
</enum>
<text>
whether the independent expert panel described in subsection (e)(1)(E) was effective; and
</text>
</subparagraph>
<subparagraph id="H5E913E9D08914D21AAF0B11F36C52B7A">
<enum>
(F)
</enum>
<text>
recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H43CAA50D23EC46BDBE994A5F6B01CC1D">
<enum>
1103.
</enum>
<header>
Federal assistance to individuals and households
</header>
<text display-inline="no-display-inline">
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(c)(1)(B)
</external-xref>
) is amended—
</text>
<paragraph id="HCAE89F5D38034645AB26F55B5FC010F3">
<enum>
(1)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
</text>
</paragraph>
<paragraph id="H77CA387407AD4253BEA92B3348F14412">
<enum>
(2)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="H94A6E4879C3B4C6A8DE7E354837898A1" style="OLC">
<clause id="HFD98BA9048C2400F8F95969FE764D736">
<enum>
(ii)
</enum>
<header>
Lease and repair of rental units for temporary housing
</header>
<subclause id="H3EA3E8C8FCFF49B6BFEC8380326389A2">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
</text>
<item id="H8855DED32F8C43D398E8AAD57427E076">
<enum>
(aa)
</enum>
<text>
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
</text>
</item>
<item id="H273AB40A459946CB965B743E8562875D">
<enum>
(bb)
</enum>
<text>
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
</text>
</item>
</subclause>
<subclause id="HCFB309A24E0445369207434B81C038E9">
<enum>
(II)
</enum>
<header>
Improvements or repairs
</header>
<text>
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs—
</text>
<item id="HC4DD1D7623634E77AE950C02FD5D2507">
<enum>
(aa)
</enum>
<text>
shall be deducted from the value of the lease agreement; and
</text>
</item>
<item id="H336D12000F5146FEB17DDFA8CF91DD2C">
<enum>
(bb)
</enum>
<text>
may not exceed the value of the lease agreement.
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4C26D96BD9774151A42692631A01865C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in clause (iv) (as so redesignated) by striking
<quote>
clause (ii)
</quote>
and inserting
<quote>
clause (iii)
</quote>
.
</text>
</paragraph>
</section>
<section id="H61EE08509DDC49F2A825CF7669EFF977">
<enum>
1104.
</enum>
<header>
Hazard mitigation
</header>
<subsection id="HEC5B54F6C44B4BC89D94B23E3E95ABB5">
<enum>
(a)
</enum>
<header>
Streamlined procedures; advance assistance
</header>
<text>
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H51CA337DE86A4D7C9B226393FFFEB890" style="OLC">
<subsection id="H111ED4583FD24A66AF339F5CCA546575">
<enum>
(d)
</enum>
<header>
Streamlined procedures
</header>
<paragraph id="HCE9F1237802545678B3631242327C4CA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
For the purpose of providing assistance under this section, the President shall ensure that—
</text>
<subparagraph id="H2A2582C71E554B54B643B3E1F7580B70">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H8C52EB4A59AD4919A198FF3EA5C0A1C2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDB47DF2BE71C4595BDF549FB71E5A419">
<enum>
(2)
</enum>
<header>
Authority for other expedited procedures
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H4F6ADCDD5D474B06A2F81A5DA46ADFA4">
<enum>
(e)
</enum>
<header>
Advance assistance
</header>
<text>
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.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA9052ED4FE1A48A880C1816E92800279">
<enum>
(b)
</enum>
<header>
Establishment of criteria relating to administration of hazard mitigation assistance by states
</header>
<text>
Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c(c)(2)
</external-xref>
) is amended by inserting after
<quote>
applications submitted under paragraph (1).
</quote>
the following:
<quote>
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.
</quote>
.
</text>
</subsection>
<subsection id="H359888054DE6401194BDED879FD5A309">
<enum>
(c)
</enum>
<header>
Applicability
</header>
<text>
The authority under the amendments made by this section shall apply to—
</text>
<paragraph id="H1880167580DE4234A4A39FEDDAA1D694">
<enum>
(1)
</enum>
<text>
any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) on or after the date of enactment of this division; and
</text>
</paragraph>
<paragraph id="H2031C8327C0143C9B5B745A5C9D4EB92">
<enum>
(2)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
<section id="H5053AB56AF0B41099A67F52C71F70391">
<enum>
1105.
</enum>
<header>
Dispute resolution pilot program
</header>
<subsection id="HF36ADFFFD3A0495790EDB1371C40451C">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section, the following definitions apply:
</text>
<paragraph id="H2D2C5EAB2FDE4175A121F1674CAF9FFE">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<quote>
Administrator
</quote>
means the Administrator of the Federal emergency Management Agency.
</text>
</paragraph>
<paragraph id="H79F1419470DD4253A440B58DE670F521">
<enum>
(2)
</enum>
<header>
Eligible assistance
</header>
<text>
The term
<quote>
eligible assistance
</quote>
means assistance—
</text>
<subparagraph id="H2B03271BFF794C56B4CDBA2ED40388A7">
<enum>
(A)
</enum>
<text>
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
, 5172, 5173);
</text>
</subparagraph>
<subparagraph id="HE6E79786AD4C4269B29A280EE5B756C5">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H47691406F44242F0A9C179652A1178DF">
<enum>
(C)
</enum>
<text>
for which the applicant has a non-Federal share; and
</text>
</subparagraph>
<subparagraph id="HCDB603FDDDE8446CBD8D116D9E5FA67A">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
for which the applicant has received a decision on a first appeal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDB98022A81F84ABE82810BECBB8C7992">
<enum>
(b)
</enum>
<header>
Procedures
</header>
<paragraph id="H4757D40EE3C34D00AABDA4DC55B649FB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H2BADB5A9084348E682E25E5B6AF5A0BA">
<enum>
(2)
</enum>
<header>
Binding effect
</header>
<text>
A decision by an independent review panel under this section shall be binding upon the parties to the dispute.
</text>
</paragraph>
<paragraph id="H2674D5262383487CACDBBD25ADD06E17">
<enum>
(3)
</enum>
<header>
Considerations
</header>
<text>
The procedures established under this section shall—
</text>
<subparagraph id="HBDD8BE35FAA34AAD8335992A5E6AF868">
<enum>
(A)
</enum>
<text>
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
</text>
</subparagraph>
<subparagraph id="H6EB809EE612047F297572E7FF43F925D">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H6A7C1FF90828426EB591ED19A9EBC4A7">
<enum>
(C)
</enum>
<text>
require that the sponsor of an independent review panel for any alternative dispute resolution under this section be—
</text>
<clause id="HA9C09B2E6BA94101A319B24BEF682312">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HC938B0BB6768476D89E0CAD120D6FCC2">
<enum>
(ii)
</enum>
<text>
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;
</text>
</clause>
</subparagraph>
<subparagraph id="HA3E00274821547CBB9D285CB8D57DE1B">
<enum>
(D)
</enum>
<text>
require an independent review panel to—
</text>
<clause id="HFCE9CAC06A104EB9AC1D241C10E27781">
<enum>
(i)
</enum>
<text>
resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance;
</text>
</clause>
<clause id="H59036F68456745F6A29B6E559235C977">
<enum>
(ii)
</enum>
<text>
consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;
</text>
</clause>
<clause id="H4E0ABC8B36594CDF9B1C9F9896C936FB">
<enum>
(iii)
</enum>
<text>
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
</text>
</clause>
<clause id="H9326224298D748339CD6823BA01353DD">
<enum>
(iv)
</enum>
<text>
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;
</text>
</clause>
</subparagraph>
<subparagraph id="H484DC354DC574EC781314D804492C181">
<enum>
(E)
</enum>
<text>
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and
</text>
</subparagraph>
<subparagraph id="HAD66EF8CB05A4EDE989FD42C63E01093">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB15BBDDD35514316AC2B1F896408EE15">
<enum>
(c)
</enum>
<header>
Sunset
</header>
<text>
A request for review by an independent review panel under this section may not be made after December 31, 2015.
</text>
</subsection>
<subsection id="H41A85897B8B245BFBAA3AEE330028EC6">
<enum>
(d)
</enum>
<header>
Report
</header>
<paragraph id="HC1B8144FCA1649558B9B944F1BA52E9E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H30F04DCEE0C7494FA223140AF7479B05">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report submitted under paragraph (1) shall include—
</text>
<subparagraph id="H3F064984EAA14BE69A67C3477CDD515D">
<enum>
(A)
</enum>
<text>
a determination of the availability of data required to complete the report;
</text>
</subparagraph>
<subparagraph id="HD42B57BBED314909B5A0EB1BBCC5B1C3">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HEC1813AEC0A44269A7B95E2F3464574E">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H71177B0775F64CE493139352AB603DED">
<enum>
(D)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HB27907006ECE40559E3837A2B181EE54">
<enum>
(E)
</enum>
<text>
a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and
</text>
</subparagraph>
<subparagraph id="H8C5F665C5DFE4F7787A8070C6F8349DF">
<enum>
(F)
</enum>
<text>
recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HB641C978B915409087DC39D7D55E8C86">
<enum>
1106.
</enum>
<header>
Unified Federal review
</header>
<text display-inline="no-display-inline">
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:
</text>
<quoted-block id="H25C4FEBE54524C0FBE34E863FCE55BD3" style="OLC">
<section id="H5B5A1BDE5FC5431089A2D84770521FE5">
<enum>
429.
</enum>
<header>
Unified Federal review
</header>
<subsection id="H6514D9DE4E90414CB63D24DCE7C58F20">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H67F07240AF6C4BD8A5AF5B88445C9146">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
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.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H9DDC8EEC1201402DB2EC5852B06F716B">
<enum>
1107.
</enum>
<header>
Simplified procedures
</header>
<text display-inline="no-display-inline">
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5189">
42 U.S.C. 5189
</external-xref>
) is amended—
</text>
<paragraph id="H5A35B2923A7546CE918FF4159C4E64CF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
If the Federal estimate
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—If the Federal estimate
</quote>
;
</text>
</paragraph>
<paragraph id="H39D244988A564AF2A4E05799D3420ED2">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))
</quote>
after
<quote>
$35,000
</quote>
the first place it appears;
</text>
</paragraph>
<paragraph id="HFEF55D2047BB4EEEAFBC18307EA3E658">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or, if applicable, the amount established under subsection (b),
</quote>
after
<quote>
$35,000 amount
</quote>
the second place it appears; and
</text>
</paragraph>
<paragraph id="HE959DECE82D04B9380BCC14E0A8E6789">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD7C13CC342C64E87897A7D97935EB5D1" style="OLC">
<subsection id="HD1CEAC6CF1FC40FD91D974DCB36C797A">
<enum>
(b)
</enum>
<header>
Threshold
</header>
<paragraph id="H0329C36785EA42359695A3BCB9557D8F">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
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
<quote>
Administrator
</quote>
), shall—
</text>
<subparagraph id="HE06DB5F0F3B1417C87A4DD343BA1A6BE">
<enum>
(A)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H8DCB134F879F43908D6523BC27F1DEC0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</subparagraph>
</paragraph>
<paragraph id="HDDC0351F8A2C430099B04599F2A7F38E">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
</text>
<subparagraph id="H2CEE6A8E870B484C8C3C583750BC78F4">
<enum>
(A)
</enum>
<text>
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code; and
</text>
</subparagraph>
<subparagraph id="H3AD420B8F2E04CC4BED79AFA47A49EC0">
<enum>
(B)
</enum>
<text>
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD15958B51E643DB85458E3D4CA9EDB1">
<enum>
(3)
</enum>
<header>
Review
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6A10C3C7039F46C3AC42D657394C5F06">
<enum>
1108.
</enum>
<header>
Essential assistance
</header>
<subsection id="H32C459FDF9F944F892447A1B18BF3527">
<enum>
(a)
</enum>
<header>
Other needs assistance
</header>
<text>
Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(e)(1)
</external-xref>
) is amended—
</text>
<paragraph id="H3EBE2EA4870E4FFC86D269DBA4F09C1F">
<enum>
(1)
</enum>
<text>
in the paragraph heading by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
child care,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
dental,
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HE6BF72C5DAF74254AE119D81558B6EBD">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
child care,
</quote>
after
<quote>
dental,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H8687A44F7F93433697666AB35653F2B8">
<enum>
(b)
</enum>
<header>
Salaries and benefits
</header>
<text>
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HB9CC3C126A7F4713AF7772B37D797FFD" style="OLC">
<subsection display-inline="no-display-inline" id="H31CE6A23D1B24D6DB2D913518962CD0E">
<enum>
(d)
</enum>
<header>
Salaries and benefits
</header>
<paragraph id="H31914A892EF3403C8808D90DA39F3B4E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H7C158E1B184349388F1CCB45808782C0">
<enum>
(A)
</enum>
<text>
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
</text>
<clause id="HEC674ECAEB544E8A803FEB00414BDACD">
<enum>
(i)
</enum>
<text>
the work is not typically performed by the employees; and
</text>
</clause>
<clause id="H99C9FB213D49465B89CFA906179D8819">
<enum>
(ii)
</enum>
<text>
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or
</text>
</clause>
</subparagraph>
<subparagraph id="H633502A6D33F456EA851C7E33D9C03F2">
<enum>
(B)
</enum>
<text>
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H74BFC16A753A4C71B5AB5B702D9668EA">
<enum>
(2)
</enum>
<header>
Overtime
</header>
<text>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HA682976E88E44289B4B0974A8499DB8B">
<enum>
(3)
</enum>
<header>
No effect on mutual aid pacts
</header>
<text>
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H3B386FB8844341238A880F490E8D1398">
<enum>
1109.
</enum>
<header>
Individual assistance factors
</header>
<text display-inline="no-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), not later than 1 year after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under
<external-xref legal-doc="regulation" parsable-cite="cfr/44/206.48">
section 206.48
</external-xref>
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.
</text>
</section>
<section id="H5ADC21B8762E4630BED3E88BBA179943">
<enum>
1110.
</enum>
<header>
Tribal requests for a major disaster or emergency declaration under the Stafford Act
</header>
<subsection id="H1CB0EF9F9E1B4314A1E921128AD67D67">
<enum>
(a)
</enum>
<header>
Major disaster requests
</header>
<text>
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170
</external-xref>
) is amended—
</text>
<paragraph id="H58887D8E33AE4E7B834C0DF9A72E91C3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
All requests for a declaration
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general.—
</header-in-text>
All requests for a declaration
</quote>
; and
</text>
</paragraph>
<paragraph id="H21A531AE090B46D8A849DC32742692D9">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HF3EC2191A48E4042B0BA1A45C86BB912" style="OLC">
<subsection id="H18FCD8C768044B2FBAD2F43544E6AF08">
<enum>
(b)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H50A28394B8ED4F1ABA48C696F6AFCC3C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="HFF153579D8EE40FBB4BC5326237BC4BB">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HFA164435C401461DA0042DF7E0486B29">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="HEBEAF15329A846E7800C338CA886CA58">
<enum>
(c)
</enum>
<header>
Cost share adjustments for Indian tribal governments
</header>
<paragraph id="HCFB447187B28475F8369C8A37C515B60">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="HAD02849BA4EB4CCE91C79C5D96712F89">
<enum>
(A)
</enum>
<text>
the President has the authority to waive or adjust the payment under another provision of this title; and
</text>
</subparagraph>
<subparagraph id="H7A836ED5B6C342D4AC513993167885DE">
<enum>
(B)
</enum>
<text>
the President determines that the waiver or adjustment is necessary and appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD8EDDDBAE9EE414C8F9C47B0DC956CFC">
<enum>
(2)
</enum>
<header>
Criteria for making determinations
</header>
<text>
The President shall establish criteria for making determinations under paragraph (1)(B).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6E1954BFD3174F1784017CC856FCA3D4">
<enum>
(b)
</enum>
<header>
Emergency requests
</header>
<text>
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5191">
42 U.S.C. 5191
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H5C553EED6E144DAF91A7268E69DF8A49" style="OLC">
<subsection id="HD0326E579FFD4D829AE71FA939505563">
<enum>
(c)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H7C5AB3EEEE0C48A983312D5D43EAEEFC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H8C6248605CF94AA092C1E219C573DA3C">
<enum>
(2)
</enum>
<header>
References
</header>
<text display-inline="yes-display-inline">
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.
</text>
</paragraph>
<paragraph id="H1E4C3BF405634B479236977946380B37">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEE8E2E8BA0FB4A7CB6FD8D44F9F9F1D5">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
) is amended—
</text>
<paragraph id="HE4CFEB1006C24FE8B4B179BC4B39F2B4">
<enum>
(1)
</enum>
<text>
in paragraph (7)(B) by striking
<quote>
; and
</quote>
and inserting
<quote>
, that is not an Indian tribal government as defined in paragraph (6); and
</quote>
;
</text>
</paragraph>
<paragraph id="HCCC92A66CC1E4A32A7AB23B7FE2ECF1F">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
</text>
</paragraph>
<paragraph id="H2EC5059FC0264071A999BA34638EB34B">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block id="H4B8FEF4BAAE14E21BBF79C92061483FB" style="OLC">
<paragraph id="H44D60E8F4C584A7F8C70A6B139A50AA0">
<enum>
(6)
</enum>
<header>
Indian tribal government
</header>
<text>
The term
<quote>
Indian tribal government
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/25/479a">
25 U.S.C. 479a et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H48864FE7F5DC4D72B317768BA17D54D0">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H0C922BA3C3E84412B98B6A79BD0D169F" style="OLC">
<paragraph id="HF12673B257A4493EBDA155FD89122A03">
<enum>
(12)
</enum>
<header>
Chief executive
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Chief Executive
</quote>
means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HCABDF0940AB0465683104476463BE390">
<enum>
(d)
</enum>
<header>
References
</header>
<text>
Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended by adding after section 102 the following:
</text>
<quoted-block id="H42B9A499E1FB460F9C54E3711ABEF896" style="OLC">
<section id="H5C1D5598DFCF4EE1A41472D587D7F5EF">
<enum>
103.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, any reference in this Act to
<quote>
State and local
</quote>
,
<quote>
State or local
</quote>
,
<quote>
State, and local
</quote>
,
<quote>
State, or local
</quote>
, or
<quote>
State, local
</quote>
(including plurals) with respect to governments or officials and any reference to a
<quote>
local government
</quote>
in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H923D490EDC214F9588E8C68A053099E4">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<paragraph id="H0245E0C1AFE643E6ACE20B5BA4A5FA07">
<enum>
(1)
</enum>
<header>
Issuance
</header>
<text>
The President shall issue regulations to carry out the amendments made by this section.
</text>
</paragraph>
<paragraph id="HD7E33C3696D84FCBAD4F657EA2DFB8DA">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
</text>
</paragraph>
</subsection>
</section>
<section id="H333DD6B480B5432B9BEEE07B6A0299F7">
<enum>
1111.
</enum>
<header>
Recommendations for reducing costs of future disasters
</header>
<subsection id="H1157AA617BC44F869A2C3E662F472C80">
<enum>
(a)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HA3FDAE47C53E4AF992195D9B96C5F5AF">
<enum>
(b)
</enum>
<header>
National strategy
</header>
<text display-inline="yes-display-inline">
The national strategy should—
</text>
<paragraph id="HEDA4D8EB33464281B848C98767F09E98">
<enum>
(1)
</enum>
<text>
respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
</text>
</paragraph>
<paragraph id="H4D5C6D420E4048D683B47BD6FC7C1F2E">
<enum>
(2)
</enum>
<text>
consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
</text>
</paragraph>
<paragraph id="H22B5247F76BF4C218B0EA187D06CAF9E">
<enum>
(3)
</enum>
<text>
analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
</text>
</paragraph>
<paragraph id="H437FC45FE56C4ED69C521BCBD19C0A88">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
</division>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130115">
Passed the House of Representatives January 15, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 152 IN THE HOUSE OF REPRESENTATIVES 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.
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: A disaster relief appropriations act, 2013 I Department of Agriculture domestic food programs food and nutrition service commodity assistance program For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7508(a)(1) ), $6,000,000: Provided , That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act ( 7 U.S.C. 7508 , 7515): Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations for necessary expenses related to the consequences of Hurricane Sandy, $20,000,000, to remain available until expended to conduct studies of flood and storm damage reduction related to natural disasters: Provided, That using $19,500,000 of the funds provided herein, the Secretary of the Army shall conduct, at full Federal expense, a comprehensive study to address the flood risks of vulnerable coastal populations in areas impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That an interim report with an assessment of authorized Corps projects for reducing flooding and storm risks in the affected area that have been constructed or are under construction, including construction cost estimates, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate not later than March 1, 2013: Provided further, That an interim report identifying any previously authorized but unconstructed Corps project and any project under study by the Corps for reducing flooding and storm damage risks in the affected area, including updated construction cost estimates, that are, or would be, consistent with the comprehensive study shall be submitted to the appropriate congressional committees not later than May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees not later than 24 months after the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities that warrant additional analysis by the Corps, as well as institutional and other barriers to providing protection to the affected coastal areas: Provided further, That the Secretary shall conduct the study in coordination with other Federal agencies, and State, local, and Tribal officials to ensure consistency with other plans to be developed, as appropriate: Provided further, That using $500,000 of the funds provided herein, the Secretary shall conduct, at full Federal expense, an evaluation of the performance of existing projects constructed by the Corps and damaged as a consequence of Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements to such projects: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this division. Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $9,000,000, to remain available until expended for repairs to projects that were under construction and damaged as a consequence of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $742,000,000, to remain available until expended to dredge Federal navigation channels, and repair damage to Corps projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies for necessary expenses related to the consequences of Hurricane Sandy, $582,000,000, to remain available until expended to support emergency operations, repairs, and other activities, as authorized by law: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. III Small Business Administration Salaries and expenses For an additional amount for Salaries and Expenses , $10,000,000 for grants to or cooperative agreements with organizations to provide technical assistance related to disaster recovery, response, and long term resiliency to small businesses that are recovering from Hurricane Sandy: Provided, That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas: Provided further, That the Administrator of the Small Business Administration may waive the matching requirements under section 21(a)(4)(A) and 29(c) of the Small Business Act for any grant made using funds made available under this heading: Provided further, That no later than 30 days after the date of enactment of this division, or no less than 7 days prior to obligation of funds, whichever occurs earlier, the Administrator of the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Disaster loans program account (including transfer of funds) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to the consequences of Hurricane Sandy, $100,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for direct administrative expenses of loan making and servicing to carry out the direct loan program authorized by section 7(b) of the Small Business Act in response to Hurricane Sandy, an additional $50,000,000, to remain available until expended, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. IV Department of Homeland Security Coast Guard Acquisition, construction, and improvements (Including transfer of funds) For an additional amount for Acquisition, Construction, and Improvements for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That notwithstanding the transfer limitation contained in section 503 of division D of Public Law 112–74 , such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section: Provided further , That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. Federal Emergency Management Agency Disaster relief fund (Including transfer of funds) For an additional amount for the Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) that is in excess of $1,000,000, the specifics of each such grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 . Science and Technology Research, development, acquisition, and operations For an additional amount for Research, Development, Acquisition, and Operations , for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Domestic Nuclear Detection Office Systems acquisition For an additional amount for Systems Acquisition , for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provision—This Title 401. Funds made available by Public Law 109–88 for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy. V Department of the Interior Fish and wildlife service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National park service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of safety and environmental enforcement Oil spill research For an additional amount for Oil Spill Research for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VI department of health and human services office of the secretary public health and social services emergency fund (including transfers of funds) For an additional amount for Public Health and Social Services Emergency Fund for disaster response and recovery, and other expenses directly related to Hurricane Sandy, including making payments under the Head Start Act and additional payments for distribution as provided for under the “Social Services Block Grant Program”, $100,000,000, to remain available until September 30, 2014: Provided, That not less than $25,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein: Provided further, That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein: Provided further, That not less than $2,000,000 shall be transferred to the Department of Health and Human Services (“HHS”) “Office of Inspector General” to perform oversight, accountability, and evaluation of programs, projects, or activities supported with the funds provided for the purposes provided herein: Provided further, That notwithstanding any other provision of law, the distribution of any amount shall be limited to the States of New York and New Jersey, except that funds provided to “Substance Abuse and Mental Health Services Administration” may be distributed to other States, but only if such funds are for grants, contracts, and cooperative agreements for behavioral health treatment, crisis counseling, and other related helplines, and for other similar programs to provide support to dislocated residents of New York and New Jersey: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of the “base grant” in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph are in addition to the entitlement grants authorized by section 2002(a)(1) of the Social Security Act and shall not be available for such entitlement grants: Provided further, That funds appropriated in this paragraph may be transferred by the Secretary of HHS (“Secretary”) to accounts within HHS, and shall be available only for the purposes provided in this paragraph: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act for fiscal year 2013: Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this division may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agencies Social Security Administration Limitation on Administrative Expenses (including transfer of funds) For an additional amount for ‘‘Limitation on Administrative Expenses”, $2,000,000, for expenses directly related to Hurricane Sandy, which shall be derived from the unobligated balances that remain available under such heading for the Social Security Administration for information technology and telecommunications hardware and software infrastructure: Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VII department of defense military construction Military Construction, Army National Guard For an additional amount for Military Construction, Army National Guard for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017: Provided , That none of the funds made available to the Army National Guard for recovery efforts related to Hurricane Sandy in this division shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further , That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Veterans Affairs Veterans Health Administration Medical Services For an additional amount for Medical Services for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Medical Facilities For an additional amount for “Medical Facilities” for necessary expenses related to the consequences of Hurricane Sandy, $6,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Cemetery Administration For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Departmental Administration Information Technology Systems For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction, Major Projects For an additional amount for “Construction, Major Projects”, $207,000,000, to remain available until September 30, 2017, for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided , That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VIII Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $14,600,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Operating subsidy grants to the national railroad passenger corporation For an additional amount for Operating Subsidy Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy: Provided , That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose: Provided further, That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfer of funds) For an additional amount for Community Development Fund , $3,850,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided , That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development: Provided further, That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data: Provided further, That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a grantee may use up to 5 percent of its overall allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or this heading: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ): Provided further, That, notwithstanding section 104(g)(2) of such Act ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision—Department of housing and urban development 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. IX general provisions—this division 901. Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 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. 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. (2) Not later than June 30, 2013, the Government Accountability Office shall review for the Committees on Appropriations of the House of Representatives and the Senate the design of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this division shall be deemed to be susceptible to significant improper payments for purposes of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this division shall be expended by the grantees within the 24-month period following the agency’s obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. (d) Through September 30, 2015, the Recovery Accountability and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated in this or any other Act for any fiscal year of such period for purposes related to the impact of Hurricane Sandy: Provided , That the Board shall coordinate its oversight efforts with the Director of OMB, the head of each Federal agency receiving appropriations related to the impact of Hurricane Sandy, and the respective Inspector General of each such agency: Provided further , That the Board shall submit quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on its activities related to funds appropriated for the impact of Hurricane Sandy. X Additional Disaster Assistance 1 Department of Agriculture Office of the Secretary Emergency conservation activities (Including transfer of funds) For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 , 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program; 16 U.S.C. 2203 ), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program; 16 U.S.C. 2206 ): Provided , That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provision—this chapter 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 Public Law 110–329 (122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities. 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: (1) $50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy; (2) $7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy; (3) $3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy; (4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites; (5) $50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and (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: 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. 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: (1) $9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy; (2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft; (3) $8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure; (4) $13,000,000 to accelerate the National Weather Service ground readiness project; and (5) $111,000,000 for a weather satellite data mitigation gap reserve fund: 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. 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. 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. 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. 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. 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. 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 Public Law 105–119 , and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading: Provided further , That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government. 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. 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. 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. 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. 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. 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. 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. 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. 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 Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds: Provided further, That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: Provided further, That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy: Provided further, That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $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. 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. 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. General provision—this chapter 1041. This chapter shall apply in place of title II of this division, and such title shall have no force or effect. 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. 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 . 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. 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. 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. 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. 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. 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 . 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 ( 42 U.S.C. 5121 et seq. ), $11,487,735,000, to remain available until expended: Provided , That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters; Provided further , That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 : Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect. 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 ( 42 U.S.C. 5184 ), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program: 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 these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000: Provided further , That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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. 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. 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 ( 42 U.S.C. 5121 et seq. ): Provided further , That individual grants shall not be subject to a non-Federal matching requirement: 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. Construction The provisions under this heading in title V of this division shall be applied by substituting $348,000,000 for $234,000,000 . 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Federal highway administration Federal-aid highways Emergency relief program For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $2,022,000,000, to remain available until expended: Provided , That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000: Provided further, That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy: Provided further, That no funds provided in this division shall be used for section 125(g) of such title: Provided further, That the amount provided 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. 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. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy: Provided, That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer: Provided further, That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes: Provided further, That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including 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 ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided, That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development: Provided further, That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data: Provided further, That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division: Provided further, That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further, That a grantee may use up to 5 percent of its allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provisions—This chapter 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. 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. 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. 1094. This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect. 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. 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. This division may be cited as the Disaster Relief Appropriations Act, 2013 . B Sandy Recovery Improvement Act of 2013 1101. Short title; table of contents (a) Short title This division may be cited as the Sandy Recovery Improvement Act of 2013 . (b) Table of contents The table of contents for this division is as follows: Sec. 1101. Short title; table of contents. Sec. 1102. Public assistance program alternative procedures. Sec. 1103. Federal assistance to individuals and households. Sec. 1104. Hazard mitigation. Sec. 1105. Dispute resolution pilot program. Sec. 1106. Unified Federal review. Sec. 1107. Simplified procedures. Sec. 1108. Essential assistance. Sec. 1109. Individual assistance factors. Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act. Sec. 1111. Recommendations for reducing costs of future disasters. 1102. 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: 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. . 1103. 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) . 1104. 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 division; and (2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division. 1105. 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. 1106. Unified Federal review 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: 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. . 1107. 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. . 1108. 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. . 1109. 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 division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 1110. 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: 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. 1111. Recommendations for reducing costs of future disasters (a) Report to Congress Not later than 180 days after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States. (b) National strategy The national strategy should— (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector; (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards; (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery.
Passed the House of Representatives January 15, 2013. Karen L. Haas, Clerk. |
113-hr-152-enr-dtd | 113-hr-152 | 113 | hr | 152 | enr | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr152enr.xml | BILLS-113hr152enr.xml | 2023-01-08 17:30:06.190 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Enrolled-Bill" bill-type="appropriations" dms-id="H3C2911A75FD943C1B3C974CB348D31DF" public-private="public" stage-count="1">
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<dc:title>
HR 152 ENR: Disaster Relief Appropriations Act, 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
One Hundred Thirteenth Congress of the United States of America
</congress>
<session>
At the First Session
</session>
<enrolled-dateline>
Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen
</enrolled-dateline>
<legis-num>
H. R. 152
</legis-num>
<current-chamber display="no"/>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
</official-title>
</form>
<legis-body id="HB8F4054A4F8A46F99F24F493E94168A5" style="appropriations">
<section display-inline="yes-display-inline" id="H49AD327E861546D789741BF92FA82530" section-type="undesignated-section">
<text display-inline="yes-display-inline">
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:
</text>
</section>
<division id="H196FE2D9157A4D7B9B740B9FCA4C9962">
<enum>
A
</enum>
<header>
disaster relief appropriations act, 2013
</header>
<title id="H25BF8B7C9245436C8469FFD3CEB119D9">
<enum>
I
</enum>
<appropriations-major id="H91817D5FB7A14B769AF0B04271380E23">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-major id="H074F57CDFDAB412A8B2486695B4952BA">
<header>
domestic food programs
</header>
</appropriations-major>
<appropriations-intermediate id="H57141F66795B49459C59F21898E62A18">
<header>
food and nutrition service
</header>
</appropriations-intermediate>
<appropriations-small id="H6D9CF3CF6141462B88F5E73D7A8C9F8A">
<header>
commodity assistance program
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Commodity Assistance Program
</quote>
for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2036">
7 U.S.C. 2036(a)
</external-xref>
) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508(a)(1)
</external-xref>
), $6,000,000:
<italic>
Provided
</italic>
, That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508
</external-xref>
, 7515):
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC7BF7BCDFE1142DCAE6605DE7BD875C8">
<enum>
II
</enum>
<appropriations-major id="HD2776ECA4044417AABA3ED3C242C64B0">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H11DCF7E259F041E0AEC05E9275A06973">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H909C1EE5E9824767B7F8E958D1402D4B">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H223C585834E7493684ADE04AFCF7C3DE">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H5434002D1E3A4B35B43B08AE0C7BA89C">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H81A2BA922FCA47DB8487DF1C999F3538">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HF20508E0338847788FB9AAFAD3F6C46E">
<enum>
III
</enum>
<appropriations-intermediate id="HC76AA816293944349606C51FFAA3A0DA">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HEBEE3AFD49E84B4288F21D32988B2F8D">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
, $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:
<italic>
Provided,
</italic>
That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H9FAF4C55B92F4E6AB3875EB3624ECED8">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H41E615144A824FA89C0C3CBD7F83AD91">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="HC4922E52208B4F2AAE7E1511B0E51E28">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="H9562DF6AC0EC42B6964B58CAF34B99BF">
<enum>
IV
</enum>
<appropriations-major id="H4A37EF7F83DF4AFF8E0C1F4F142581FD">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HA9C9BA44D0764CDABD89D5629447AC1C">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H67D03C6D5CA1423A8A5DAA15375DE459">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HE49FF74F20FA4D41B4F36294436FA562">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Acquisition, Construction, and Improvements
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding the transfer limitation contained in section 503 of division D of
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
, such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section:
<italic>
Provided further
</italic>
, That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division.
</text>
</appropriations-small>
<appropriations-intermediate id="H50BBEDE08FFA453D895A4C4BB0AC8782">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="HFB008301487A462BA0C870086EDEC9F3">
<header>
Disaster relief fund
</header>
</appropriations-small>
<appropriations-small id="H14D46733CAD744719BE855CE83E0D158">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters:
<italic>
Provided
</italic>
, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further,
</italic>
That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) that is in excess of $1,000,000, the specifics of each such grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
.
</text>
</appropriations-small>
<appropriations-intermediate id="H1DC59A2D45A047A1A371434994D61DAD">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H3D0107A33FB24E22B816564587E125DA">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Research, Development, Acquisition, and Operations
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H6675C0CD973E4D02AAEC84CB213F0A2B">
<header>
Domestic Nuclear Detection Office
</header>
</appropriations-intermediate>
<appropriations-small id="HC23F26FE18CE4B629B9B52156CD8D97A">
<header>
Systems acquisition
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Systems Acquisition
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HFF887362A4384834B0D485A4EE133C70">
<header>
General Provision—This Title
</header>
</appropriations-intermediate>
<section id="HFA18DFE829AA42E9BF4879AAAA0B4A12">
<enum>
401.
</enum>
<text display-inline="yes-display-inline">
Funds made available by
<external-xref legal-doc="public-law" parsable-cite="pl/109/88">
Public Law 109–88
</external-xref>
for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy.
</text>
</section>
</title>
<title id="HD20B158DFC5748AEB058412A6928F054">
<enum>
V
</enum>
<appropriations-major id="H7D129F45F47A4AF29180FFC670CD281D">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC58B2C1264184FCAB181D8E703167958">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="H51E9A973C26C4F919930223BDFFB0CE4">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H4CA1E9D443844840B22DCDE747616FF1">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3717906F1AA645CE8C53A0A54D4193D3">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA70174F2640B43628352B7A584BC11E5">
<header>
Bureau of safety and environmental enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H343BE13778414CAA95D8D9B890F1BDE2">
<header>
Oil spill research
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Oil Spill Research
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HCA6283F8776C4D2491FD56F9C1D0D01A">
<enum>
VI
</enum>
<appropriations-major id="H5CF0AF02345C43C494CFDA5E46423DB6">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="HE8779640EA91453290E61D7A873DA5CD">
<header>
office of the secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HB784B982F4A64951BD82E9ABBA6A660E">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="H3CBDF3E4C63B47629881F12AE1C5BF3B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H33364EFA9DBD424B877DB83229B787D3">
<header>
related agencies
</header>
</appropriations-major>
<appropriations-intermediate id="HEEE4AC8187914206BCCBCFD51B52DEA5">
<header>
Social Security Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H1FEBB8F0C65D43F995CD0EBCF48717A3">
<header>
Limitation on Administrative Expenses
</header>
</appropriations-small>
<appropriations-small id="H77C130B9B07B4883934602FDB49E5269">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HA9D5482E2CD34D35A5563BB8B37FBF3A">
<enum>
VII
</enum>
<appropriations-major id="HB8D4C258DC474EEAB47510B0E3460BB8">
<header>
department of defense
</header>
</appropriations-major>
<appropriations-major id="H4C508DBC2E804E458C37D45B6EC9EE02">
<header>
military construction
</header>
</appropriations-major>
<appropriations-intermediate id="HADCA4C5BD8814D9C8BE1486E8083DE4B">
<header>
Military Construction, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Military Construction, Army National Guard
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="H73325365178A408DA47737F5205C0CC3">
<header>
Department of Veterans Affairs
</header>
</appropriations-major>
<appropriations-intermediate id="H57ADD86426C044B89D9A7E4DFC896384">
<header>
Veterans Health Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H0F7D02FCE3184ACC94D087872D9C6290">
<header>
Medical Services
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Medical Services
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="HA9D6BBD10DDB4E1686EFDB69E31C1601">
<header>
Medical Facilities
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H995C9BC51E274FC092B744790D9577AE">
<header>
National Cemetery Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E117126D9B64403AABD5A8744685F37">
<text display-inline="no-display-inline">
For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H72CA79536FF744318691049B9A3125D7">
<header>
Departmental Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H18FF97AD92834B2B84BE070BD482A22C">
<header>
Information Technology Systems
</header>
<text display-inline="no-display-inline">
For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H62A2982611D847FCB06769560FF8A7E2">
<header>
Construction, Major Projects
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC93F918CD9DF4D1E852FEBDA5CEF2FB3">
<enum>
VIII
</enum>
<appropriations-major id="HBB478BE03C5549C8BDCC046823D60EC7">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HB8DB96A724F14410B0D3E3006325AE16">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HAA27E79396B64BB2ADA7A84E1E21D86A">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H2B927335F063425897CDADDE4619414B">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF5541334D2014153916DAA9E05EBA431">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7BFC559101F14256B0EC2A466DE7C119">
<header>
Operating subsidy grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operating Subsidy Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H04273A3E76EF4AE587F5406902A0BAE0">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H80F8489AD49A424BA4A98856C3A6CB7C">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="HF37E958C31B94FCDB401C7C3CCB10559">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy:
<italic>
Provided
</italic>
, That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H4F67F1420797473EBF9E4AEB3E171A26">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="HD8F3EEC985C54DD1AF091BBEDEB39A12">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="H110EF76689CC4171AD2EBDA8B2466EA1">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="H44DD6893C0AD43ABB3BB23B1A7D756F6">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided
</italic>
, That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data:
<italic>
Provided further,
</italic>
That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further
</italic>
, That a grantee may use up to 5 percent of its overall allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
) or this heading:
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(1)
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H61E3577340164628A452A557EE8EF79C">
<header>
Administrative provision—Department of housing and urban development
</header>
</appropriations-intermediate>
<section id="H7C1A5A05A3314635B83A5DEECF16B8F9">
<enum>
801.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
</title>
<title id="HDF8EF567C3D54A2A8BD4BBC7D066D76B">
<enum>
IX
</enum>
<header display-inline="no-display-inline">
general provisions—this division
</header>
<section id="HAA5B9F45B5D14A6DA3811FCC2C517FD4">
<enum>
901.
</enum>
<text display-inline="yes-display-inline">
Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved.
</text>
</section>
<section id="H9DA3B3FB557D4C0DBEE272DF1240F0DC">
<enum>
902.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="H5BA4C321BAE24622A3562900D39C6736">
<enum>
903.
</enum>
<text display-inline="yes-display-inline">
No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
</text>
</section>
<section id="H1556D2C08C224E439621B44026083FB7">
<enum>
904.
</enum>
<subsection display-inline="yes-display-inline" id="H722A2568A15941E29CCA29C586A2D7AD">
<enum>
(a)
</enum>
<paragraph display-inline="yes-display-inline" id="HAE298732A4D64FA992495F9D1DE332F6">
<enum>
(1)
</enum>
<text>
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
<quote>
OMB
</quote>
), 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.
</text>
</paragraph>
<paragraph id="HAAD3208E05C849C1BE31E03995A38F02" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</paragraph>
</subsection>
<subsection id="HE640E5356B4A4804B5D7E25F876AF203">
<enum>
(b)
</enum>
<text display-inline="yes-display-inline">
All programs and activities receiving funds under this division shall be deemed to be
<quote>
susceptible to significant improper payments
</quote>
for purposes of the Improper Payments Information Act of 2002 (
<external-xref legal-doc="usc" parsable-cite="usc/31/3321">
31 U.S.C. 3321
</external-xref>
note), notwithstanding section 2(a) of such Act.
</text>
</subsection>
<subsection id="HF128A41E9E214F82AD034A52071AC6EE">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HE97343CBE6504C8FAEB1F9BA4C2E4BE9">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H2D967B81D81549ACAC9E2DDD052D71CB" section-type="undesignated-section"/>
</title>
<title id="H223245FC568D4CE794DADA78DA6D074C">
<enum>
X
</enum>
<header display-inline="no-display-inline">
Additional Disaster Assistance
</header>
<chapter id="H55D6752ACE6444C18726E97A83AC23EA">
<enum>
1
</enum>
<appropriations-major id="H03B19368978C41F9BC6E452F32F37504">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-intermediate id="HF74EEEEC01F845B6B2218C0BB8A12E50">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HA5046D31658A4D6EA02E7B132153AEEA">
<header>
Emergency conservation activities
</header>
</appropriations-small>
<appropriations-small id="H3988D7B3EA4C4D5EBCAD9F0A224F0C60">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201 et seq.
</external-xref>
) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201
</external-xref>
, 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2203">
16 U.S.C. 2203
</external-xref>
), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2206">
16 U.S.C. 2206
</external-xref>
):
<italic>
Provided
</italic>
, That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="H78B1BC98774F44D8BEE08A651AD80D59">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6A334A7B9F854F73B45EC16FF83E4549">
<enum>
1011.
</enum>
<text display-inline="yes-display-inline">
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
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">
Public Law 110–329
</external-xref>
(122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities.
</text>
</section>
</chapter>
<chapter id="H46D005FFD87442EF8C12C9FC3EC02678">
<enum>
2
</enum>
<appropriations-major id="H86853230ABEB4F809A46EA2F1814F783">
<header>
Department of Commerce
</header>
</appropriations-major>
<appropriations-intermediate id="H0152756A3E5045AF8D5351CB0CBA9E91">
<header>
National Oceanic and Atmospheric Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7CD3DCA3EA744EC1B223AEDF8627FB2B">
<header>
Operations, research, and facilities
</header>
</appropriations-small>
<appropriations-small id="H2F3170AF402B406993CFC4FD09650718">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operations, Research, and Facilities
</quote>
, $290,000,000 (reduced by $150,000,000) to remain available until September 30, 2014, as follows:
</text>
<paragraph id="H62D676C75A164CA99D0F518178DF1725">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="H4D2D0274BAD54180B07CC7A09E99A4AF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HF610D88566564F6CB8BC1C61D25ED7FA">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0A0A9C50D7A4B7894860E813F232DD4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites;
</text>
</paragraph>
<paragraph id="H5D4C3686AB1B4AF5A305CABD473747B3">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and
</text>
</paragraph>
<paragraph id="H8A347522C96946AD8743E6087A0653FF">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
$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:
</text>
<continuation-text indent="flush-left">
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-small id="HEE7230E268B94DC09BB76E22E1F93527">
<header>
Procurement, acquisition and construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement, Acquisition and Construction
</quote>
, $186,000,000, to remain available until September 30, 2015, as follows:
</text>
<paragraph id="H615F2E6C3DA748BE93330D1DD44DE175">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0D7386233F9496A90DBA4BC8A3560E1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft;
</text>
</paragraph>
<paragraph id="HF3A04B8145734C0D8923BD7724420AA2">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure;
</text>
</paragraph>
<paragraph id="HDB5BBBF283014A8599CD9F3E6C98AD76">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$13,000,000 to accelerate the National Weather Service ground readiness project; and
</text>
</paragraph>
<paragraph id="H4BCED087CC884DD5B007DFA77874329F">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$111,000,000 for a weather satellite data mitigation gap reserve fund:
</text>
<continuation-text>
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-major id="HA719F997E72F47BDB120AAA9BA318D70">
<header>
Department of Justice
</header>
</appropriations-major>
<appropriations-intermediate id="HF7787B2DBC28440BB7A10B6C6098E650">
<header>
Federal Bureau of Investigation
</header>
</appropriations-intermediate>
<appropriations-small id="H0380F4A2C429408BA5B7FB08BBBCF719">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,020,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H8DA880725B8948D2839BE40C77909786">
<header>
Drug Enforcement Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E68FB7FE2CD4394B3E5101A8FA21D44">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HDC4012F07AB94A20A04B78BC1089F941">
<header>
Bureau of Alcohol, Tobacco, Firearms and Explosives
</header>
</appropriations-intermediate>
<appropriations-small id="H3C09EC5CD9144619974E59E36AC0793F">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $230,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63852E99310B49C5AA41546E9D04C460">
<header>
Federal Prison System
</header>
</appropriations-intermediate>
<appropriations-small id="H1D73997A30254BABB8BF97DFF55923DA">
<header>
Buildings and facilities
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Buildings and Facilities
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HEBCF7DEA8EEC4EF2A49FD62DDF99D8EC">
<header>
Science
</header>
</appropriations-major>
<appropriations-intermediate id="H01E7145564D1499881C91479A6CD2B75">
<header>
National Aeronautics and Space Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H6ECD614678BE493BA6010AD18131366D">
<header>
Construction and environmental compliance and restoration
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction and Environmental Compliance and Restoration
</quote>
for repair at National Aeronautics and Space Administration facilities damaged by Hurricane Sandy, $15,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HB0DC2F9B20DE45869C793CE03564DA48">
<header>
Related Agencies
</header>
</appropriations-major>
<appropriations-intermediate id="H12112EEADBA4477993FA576B2A43FF06">
<header>
Legal Services Corporation
</header>
</appropriations-intermediate>
<appropriations-small id="H800AA20071D54F05A661CD79ED9E91D8">
<header>
Payment to the legal services corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Payment to the Legal Services Corporation
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
, and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">
Public Law 104–134
</external-xref>
(referenced by
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
) shall not apply to the amount made available under this heading:
<italic>
Provided further
</italic>
, That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government.
</text>
</appropriations-small>
</chapter>
<chapter id="HE731B1B2116B447C87A7CACDBAAF99A4">
<enum>
3
</enum>
<appropriations-major id="H88011C20653D42098DF6F24DA5B52DE6">
<header>
Department of defense
</header>
</appropriations-major>
<appropriations-major id="H6F4E8453C4144809ACA00221FCBAB273">
<header>
Department of defense—military
</header>
</appropriations-major>
<appropriations-major id="H7330D78854B449FD98B03B01F8D6B442">
<header>
OPERATION AND MAINTENANCE
</header>
</appropriations-major>
<appropriations-intermediate id="HA979485F004E4B898642ECA135DD0BF8">
<header>
Operation and Maintenance, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army
</quote>
, $5,370,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H5ECF63BA2D694F739FA37DCC94FE917C">
<header>
Operation and Maintenance, Navy
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Navy
</quote>
, $40,015,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H6B9A12097790448CB0ABD15A7A502A37">
<header>
Operation and Maintenance, Air Force
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air Force
</quote>
, $8,500,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HF8214F510E514408AB47EBF652CED114">
<header>
Operation and Maintenance, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army National Guard
</quote>
, $3,165,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HCDEA0971A9264E4A8179126F1FDCACB4">
<header>
Operation and Maintenance, Air National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air National Guard
</quote>
, $5,775,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="HB64AC289F8954E338106A981BE91F3B7">
<header>
PROCUREMENT
</header>
</appropriations-major>
<appropriations-intermediate id="HD1078357EB2F4D71A55BB4311FB19AE6">
<header>
Procurement of Ammunition, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement of Ammunition, Army
</quote>
, $1,310,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="H79222537C75143F9A2453F186919FF93">
<header>
REVOLVING AND MANAGEMENT FUNDS
</header>
</appropriations-major>
<appropriations-intermediate id="H7D38D45956CF4370954E9775F9FF0383">
<header>
Defense Working Capital Funds
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Defense Working Capital Funds
</quote>
, $24,200,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
</chapter>
<chapter id="HC215203D71AA472CBCFE1F9EDE7984B2">
<enum>
4
</enum>
<appropriations-major id="H7D0F46CB73134499B0BD843453B0A347">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H0BCC78C7011F412889A3981E44789421">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H6DD5A68A518A4EB4937536D1C8ED8B59">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That a final report shall be submitted to the appropriate congressional committees within 24 months of the date of enactment of this division:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H74675EF9856D4678924A8F4C5C497634">
<header>
Construction
</header>
</appropriations-small>
<appropriations-small id="H8C0F2E4832764610BE3869CEE75EEC72">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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
<quote>
Investigations
</quote>
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
<quote>
Investigations
</quote>
to be submitted not later than May 1, 2013:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the completion of ongoing construction projects receiving funds provided by this division shall be at full Federal expense with respect to such funds:
<italic>
Provided further,
</italic>
That the non-Federal cash contribution for projects using these funds shall be financed in accordance with the provisions of section 103(k) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/662">
Public Law 99–662
</external-xref>
over a period of 30 years from the date of completion of the project or separable element:
<italic>
Provided further,
</italic>
That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds:
<italic>
Provided further,
</italic>
That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps:
<italic>
Provided further,
</italic>
That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy:
<italic>
Provided further,
</italic>
That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors:
<italic>
Provided further,
</italic>
That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division.
</text>
</appropriations-small>
<appropriations-small id="H0B0A8C4907634D149047F502118F302A">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H16DCC86B038F4413AD70B24DEC5B26F0">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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
<quote>
Investigations
</quote>
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:
<italic>
Provided further,
</italic>
That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to funds provided under this heading:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H6F15094BE15B40AC86C81345B2216B80">
<header>
Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Expenses
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H40260B604BCA4A85B28C132D6045667B">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6FFCE76F28F94AC891215F44E5E80167">
<enum>
1041.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title II of this division, and such title shall have no force or effect.
</text>
</section>
</chapter>
<chapter id="H512DA05475C04415864019FCEF796E29">
<enum>
5
</enum>
<appropriations-intermediate id="H2EF5416D43A245A08EF3C40CD11772AF">
<header>
General Services Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HCC3FBDA6FF8C44A480F14F9821182A22">
<header>
Real property Activities
</header>
</appropriations-small>
<appropriations-small id="HF3F05AE8D6C4410089542B0B0FCCE73F">
<header>
Federal buildings fund
</header>
</appropriations-small>
<appropriations-small id="H1483F5B5F1804DDABB0643A298683E72" indent="flush-left">
<text display-inline="no-display-inline">
For an additional amount to be deposited in the
<quote>
Federal Buildings Fund
</quote>
, $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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HBA293E103F9443898AB6F8B1D6FD430B">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H037A40157F004E4B8E08A517F655EC6B">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title III of this division shall be applied by substituting
<quote>
$20,000,000
</quote>
for
<quote>
$10,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-small id="HC2574CEB70454182B1C6EA4A75254151">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
, $5,000,000, to remain available until expended:
<italic>
Provided,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H07CEBA3A92B34E86AEF7E1A19E631932">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="H23759D8594DC4D1C98544B0A77715807">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Loans Program Account
</quote>
for the cost of direct loans authorized by section 7(b) of the Small Business Act, $520,000,000, to remain available until expended:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H58020E9E6FD14BB6898A0AF9830AA3BE">
<enum>
6
</enum>
<appropriations-major id="HE61D68C60C23490A967949A9F9854104">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HC3C79F9318CB44139ECA747238BA4536">
<header>
United States Customs and Border Protection
</header>
</appropriations-intermediate>
<appropriations-small id="H62046856413F42DEAB6030CC84236D93">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,667,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF4091D5E439B4AA9896FD3FDDEDE38CB">
<header>
United States Immigration and Customs Enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H9A387D0B382D4A85B103F7C72DD85BFE">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $855,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H543B866123D545028445B37EB3017AD0">
<header>
United States Secret Service
</header>
</appropriations-intermediate>
<appropriations-small id="H31EFACCE21F04EA3B3783D26D2051867">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $300,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63047A226A9B41F5B91AF1EDCB784A4E">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H4A663E4A55FB47C09D6092D72D3DEDB5">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HFB69119601244585A43592275420B3F7">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$274,233,000
</quote>
for
<quote>
$143,899,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HE01FA2D4FDC64AF09226B027FEEE954A">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="H33569716BEA2431AAD646DD0A6AF8F69">
<header>
Disaster Relief Fund
</header>
</appropriations-small>
<appropriations-small id="H63C6DDC268394BDDB13ABD1CBC1098FF">
<header>
(Including Transfer of Funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $11,487,735,000, to remain available until expended:
<italic>
Provided
</italic>
, That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further
</italic>
, That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security
<quote>
Office of Inspector General
</quote>
for audits and investigations related to disasters:
<italic>
Provided further
</italic>
, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) the specifics of the grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
:
<italic>
Provided further
</italic>
, That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect.
</text>
</appropriations-small>
<appropriations-small id="HF5803F85F5D14FF99C6BA3F3A8D33529">
<header>
Disaster Assistance Direct Loan Program Account
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Assistance Direct Loan Program Account
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further
</italic>
, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000:
<italic>
Provided further
</italic>
, That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H8E352D41F5AB43B7BDBD20F0100F7ED4">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H9886EDFA4AC64BD9A45F108EFC1CB875">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$3,249,000
</quote>
and
<quote>
September 30, 2014
</quote>
for
<quote>
$585,000
</quote>
and
<quote>
September 30, 2013
</quote>
, respectively.
</text>
</appropriations-small>
</chapter>
<chapter id="HEA73E9277FFC487892907A7598364924">
<enum>
7
</enum>
<appropriations-major id="H7EC6FE750F7642E2891303AFBE95C6B7">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC932844BEEF1484C9A16DAE260C42CE5">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="HDF151275934D4580A7BEB6D482852E36">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$78,000,000 (reduced by $9,800,000)
</quote>
for
<quote>
$49,875,000
</quote>
:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA6AFF81DF4F246049383B0F2595BD837">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3E247EFD2D374D42A2EA93EC02646DD0">
<header>
historic preservation fund
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Historic Preservation Fund
</quote>
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:
<italic>
Provided
</italic>
, 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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That individual grants shall not be subject to a non-Federal matching requirement:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H7A59C0BC1FC845FEA8478669AFD99159">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$348,000,000
</quote>
for
<quote>
$234,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HCA33D334B625478AB11FCF768ACA016C">
<header>
Departmental Operations
</header>
</appropriations-intermediate>
<appropriations-small id="HC7BA8D0EE9614ED5A891A0FD7FEF0788">
<header>
office of the secretary
</header>
</appropriations-small>
<appropriations-small id="H25B26E1207674F3BA2AF03BB7D00A14B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Departmental Operations
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HCEE99954A45A4B44BA76979B3DED2862">
<header>
ENVIRONMENTAL PROTECTION AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="H4ADBAB6543ED4584ADC9C59F85B182A2">
<header>
Environmental Programs and Management
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Environmental Programs and Management
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $725,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H92A7145BD89D4E33BD180F8C9B959ACC">
<header>
Hazardous Substance Superfund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Hazardous Substance Superfund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H7E8201BAF40946DDB9F3103596B3960A">
<header>
Leaking Underground Storage Tank Fund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Leaking Underground Storage Tank Fund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $5,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HA022ADCE49E64FAA8099CC4A5D8362D5">
<header>
State and Tribal Assistance Grants
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
State and Tribal Assistance Grants
</quote>
, $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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="HD39E8159CF204A469C94C18AD179E9BE">
<header>
RELATED AGENCIES
</header>
</appropriations-major>
<appropriations-major id="HD117ED3F8DA84679B839A09BE74D25E2">
<header>
DEPARTMENT OF AGRICULTURE
</header>
</appropriations-major>
<appropriations-intermediate id="HF013EE83C4784133B5671FFA63CA25B0">
<header>
Forest Service
</header>
</appropriations-intermediate>
<appropriations-small id="HC90A7C3FBB5D408F982167D2CE8EFA36">
<header>
capital improvement and maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Capital Improvement and Maintenance
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $4,400,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HE7B5421458904D588AF3055D9D970A72">
<header>
OTHER RELATED AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="HFC2874F0BF624C5098C0EE508040FDD6">
<header>
Smithsonian Institution
</header>
</appropriations-intermediate>
<appropriations-small id="H269ACF2E3BCB4D6DA49D71E01F1FDF3C">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H91C85005AAE14661A75159CFF74BED05">
<enum>
8
</enum>
<appropriations-major id="H0C8E2216D72C4F37A2B8E3B78C491A21">
<header>
Department of Labor
</header>
</appropriations-major>
<appropriations-intermediate id="HBEE52331CBB64822B03445DD40EF0AF9">
<header>
Employment and Training Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8E716AFBE6D74F4FB4299B087EF6F9FC">
<header>
training and employment services
</header>
</appropriations-small>
<appropriations-small id="HBBE7A1AB59AD47EF948BFF80C3C3F89D">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Training and Employment Services
</quote>
, $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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HEB8234BC6F2E4F19A1BA1615E653AC56">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="H83C4CC653D0242AB96ABB271760A1C70">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HE1E14E47FF284EB285F09C2072156BBF">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="HB3BFC13912DE4E55AE3B01D8D9F8BDA1">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
That $100,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein:
<italic>
Provided further,
</italic>
That $500,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
That section 2002(c) of the Social Security Act shall be applied to funds appropriated in the preceding proviso by substituting
<quote>
succeeding 2 fiscal years
</quote>
for
<quote>
succeeding fiscal year
</quote>
:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="HA7E6F99350374F1AA9C25A20A488809A">
<enum>
9
</enum>
<appropriations-major id="HF91FA3CB4B054E5A83EBC7247BD39476">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HC2185B79103C4E67BAC9D727FF4AD7D2">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HE479E26904414398BE65020FC40BDE74">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H34DC5C9C5F9747F79D27878D86F69183">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H7515C63D9251454B8B4A921046E20699">
<header>
Federal highway administration
</header>
</appropriations-intermediate>
<appropriations-small id="H73846A339B5D4069A97E87B480BE6EFE">
<header>
Federal-aid highways
</header>
</appropriations-small>
<appropriations-small id="H87A872FC35CC4D72A76E8DF5C95DB2F7">
<header>
Emergency relief program
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/23/125">
section 125
</external-xref>
of title 23, United States Code, $2,022,000,000, to remain available until expended:
<italic>
Provided
</italic>
, That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000:
<italic>
Provided further,
</italic>
That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy:
<italic>
Provided further,
</italic>
That no funds provided in this division shall be used for section 125(g) of such title:
<italic>
Provided further,
</italic>
That the amount provided 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HEBBA484EE0D44ABA9F2FFA7D0578F550">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="HB2A1EB88A4B048F5908C31A15BF3A949">
<header>
Grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided
</italic>
, That none of the funds may be used to subsidize operating losses of the Corporation:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H878BD414A4604F0ABB91C1A7285ED7BD">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8D9F10038C5B4780BFB3AF828B78E5E4">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="H920270E9F5974EC1A5642940E3F10C22">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy:
<italic>
Provided,
</italic>
That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy:
<italic>
Provided further,
</italic>
That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer:
<italic>
Provided further,
</italic>
That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HDDA80CD6789C4CACA776FB341DAA8DC3">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="H65D991CE99794F489D7FC2EFA93B9E48">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="HA03D569E1CD344FEB6B716FBBC8EFF8E">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="HC0CF575DEC1548FDB635AA40A4556075">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided,
</italic>
That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data:
<italic>
Provided further,
</italic>
That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division:
<italic>
Provided further,
</italic>
That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further,
</italic>
That a grantee may use up to 5 percent of its allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit:
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-major id="HB82FCD91F39F497984216FB623EF4FA0">
<header>
General provisions—This chapter
</header>
</appropriations-major>
<section id="H0A495994A4BF4B7BB2D24D78506936CF">
<enum>
1091.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
<section id="H441A67C2948E42869126083144F53E25">
<enum>
1092.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HD67305C013944E87B93220E0D7310242">
<enum>
1093.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HA64ACAE827354C8393E7918421B96EB5">
<enum>
1094.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect.
</text>
</section>
<section id="H0651DFF3542043518D63D82075F7CBCA">
<enum>
1095.
</enum>
<text display-inline="yes-display-inline">
The amounts otherwise provided by this division are revised by reducing the amount made available for
<quote>
Small Business Administration—Disaster Loans Program Account
</quote>
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
<quote>
Department of Veterans Affairs—National Cemetery Administration
</quote>
, by $1,000,000.
</text>
</section>
<section id="H0F6ECF1700B14158B9BA492540821A51">
<enum>
1096.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HB2D3592E192D42AF9D104D76499CA309" section-type="undesignated-section">
<text display-inline="yes-display-inline">
This division may be cited as the
<quote>
<short-title>
Disaster Relief Appropriations Act, 2013
</short-title>
</quote>
.
</text>
</section>
</chapter>
</title>
</division>
<division id="H4097DCA653764DD3B4CD16F1ED018DF8" style="OLC">
<enum>
B
</enum>
<header>
Sandy Recovery Improvement Act of 2013
</header>
<section id="H842B8D956740491A88400A28FC27E66C" section-type="subsequent-section">
<enum>
1101.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="H1B5510387BDD4F67832BEA56ACD34461">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This division may be cited as the
<quote>
<short-title>
Sandy Recovery Improvement Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H6073CFC81A2A453CB38FA7C5967CD262">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this division is as follows:
</text>
<toc container-level="division-container" idref="H4097DCA653764DD3B4CD16F1ED018DF8" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H842B8D956740491A88400A28FC27E66C" level="section">
Sec. 1101. Short title; table of contents.
</toc-entry>
<toc-entry idref="H3C061263A58C46AEBFEB552FB76E5CFB" level="section">
Sec. 1102. Public assistance program alternative procedures.
</toc-entry>
<toc-entry idref="H43CAA50D23EC46BDBE994A5F6B01CC1D" level="section">
Sec. 1103. Federal assistance to individuals and households.
</toc-entry>
<toc-entry idref="H61EE08509DDC49F2A825CF7669EFF977" level="section">
Sec. 1104. Hazard mitigation.
</toc-entry>
<toc-entry idref="H5053AB56AF0B41099A67F52C71F70391" level="section">
Sec. 1105. Dispute resolution pilot program.
</toc-entry>
<toc-entry idref="HB641C978B915409087DC39D7D55E8C86" level="section">
Sec. 1106. Unified Federal review.
</toc-entry>
<toc-entry idref="H9DDC8EEC1201402DB2EC5852B06F716B" level="section">
Sec. 1107. Simplified procedures.
</toc-entry>
<toc-entry idref="H6A10C3C7039F46C3AC42D657394C5F06" level="section">
Sec. 1108. Essential assistance.
</toc-entry>
<toc-entry idref="H3B386FB8844341238A880F490E8D1398" level="section">
Sec. 1109. Individual assistance factors.
</toc-entry>
<toc-entry idref="H5ADC21B8762E4630BED3E88BBA179943" level="section">
Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act.
</toc-entry>
<toc-entry idref="H333DD6B480B5432B9BEEE07B6A0299F7" level="section">
Sec. 1111. Recommendations for reducing costs of future disasters.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H3C061263A58C46AEBFEB552FB76E5CFB">
<enum>
1102.
</enum>
<header>
Public assistance program alternative procedures
</header>
<text display-inline="no-display-inline">
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H7FA277BB87DE4B8B84D2C8DAD95DC368">
<enum>
(1)
</enum>
<text>
by redesignating the second section 425 (relating to essential service providers) as section 427; and
</text>
</paragraph>
<paragraph id="H30A2F458A4534A658BCF439957F67C7D">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1DAC8718A0704873964C578925AC05C8" style="OLC">
<section id="H329C4461DF234752A04863592E90FF6E">
<enum>
428.
</enum>
<header>
Public assistance program alternative procedures
</header>
<subsection id="H467AF72962594222BD966A338F023565">
<enum>
(a)
</enum>
<header>
Approval of projects
</header>
<text>
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.
</text>
</subsection>
<subsection id="H3384FB80A99448D6A470F973B4C8FC0F">
<enum>
(b)
</enum>
<header>
Adoption
</header>
<text>
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).
</text>
</subsection>
<subsection id="H545B8BCB9DA74248B9D2F1B1821A67C4">
<enum>
(c)
</enum>
<header>
Goals of procedures
</header>
<text>
The alternative procedures adopted under subsection (a) shall further the goals of—
</text>
<paragraph id="HE457CBD0EE5243E181EF88661795B2E0">
<enum>
(1)
</enum>
<text>
reducing the costs to the Federal Government of providing such assistance;
</text>
</paragraph>
<paragraph id="H7D4A3FD9802842828555C07734414D5B">
<enum>
(2)
</enum>
<text>
increasing flexibility in the administration of such assistance;
</text>
</paragraph>
<paragraph id="HE6E5CA81B9D44C07B723B03B716E0E51">
<enum>
(3)
</enum>
<text>
expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and
</text>
</paragraph>
<paragraph id="HECD24553B40E4AB292CA233103F5A66D">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H39373803E5C7456B8CB0AFD7A4D5B1F4">
<enum>
(d)
</enum>
<header>
Participation
</header>
<text>
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.
</text>
</subsection>
<subsection id="H800309C1B96E4EB89483305C4FFF68EB">
<enum>
(e)
</enum>
<header>
Minimum procedures
</header>
<text display-inline="yes-display-inline">
The alternative procedures adopted under this section shall include the following:
</text>
<paragraph id="H95704987961B4C31AE05668B9683296C">
<enum>
(1)
</enum>
<text>
For repair, restoration, and replacement of damaged facilities under section 406—
</text>
<subparagraph id="H4361F0A7D6FE4DEB9A83AE7EA73ACBB2">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H4D15B4E1461045F3B006C3D637ED53F6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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—
</text>
<clause id="HB74C232FB26549C5BBE43FA25EDBA126">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HA5736B951CE84800A73845B10B23B91D">
<enum>
(ii)
</enum>
<text>
management expenses;
</text>
</clause>
</subparagraph>
<subparagraph id="HD9B410F330AB4360ABD3CEF84C82737D">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H31937BEF3FAC4CC5BE98983DD1AD662D">
<enum>
(D)
</enum>
<text>
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—
</text>
<clause id="HCFF46DAD5E344FA692AD3FF6435500D0">
<enum>
(i)
</enum>
<text>
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
</text>
</clause>
<clause id="H58A42479937E4DCBBA56D44DFC88598B">
<enum>
(ii)
</enum>
<text>
other activities to improve future Public Assistance operations or planning;
</text>
</clause>
</subparagraph>
<subparagraph id="H0AA09B88D7E1483DAE58DE2F120E03AD">
<enum>
(E)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H01BA5433F5124D68AF6E158F67348A59">
<enum>
(F)
</enum>
<text>
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.
</text>
</subparagraph>
</paragraph>
<paragraph id="H364CD3E455F24FD180747BBF5899FD96">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
</text>
<subparagraph id="H85077159FD3244DC90B059A431D4ADD4">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HFCAD9C5D19C848E2B9CB6EA12FBEE5BC">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H479556C23F904C719C07CE58DF49024E">
<enum>
(C)
</enum>
<text>
allowing use of program income from recycled debris without offset to the grant amount;
</text>
</subparagraph>
<subparagraph id="HA32C03BD4F1A49D28FFBD4011426E78D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
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;
</text>
</subparagraph>
<subparagraph id="H35289411598F4E41AA286C4D4425AA52">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H7F97BFE2DC864B3A963E99571F71F29E">
<enum>
(F)
</enum>
<text>
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—
</text>
<clause id="H81C693002566427CAEE7B39736CB7E19">
<enum>
(i)
</enum>
<text>
debris management planning;
</text>
</clause>
<clause id="H0575A90CDD654847AD77BC0ACBDD8BE8">
<enum>
(ii)
</enum>
<text>
acquisition of debris management equipment for current or future use; and
</text>
</clause>
<clause id="HABFB913056354884B3DA4E01AACC16D3">
<enum>
(iii)
</enum>
<text>
other activities to improve future debris removal operations, as determined by the Administrator.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5C6D144CD1074979BDFA18C6D4F1CBB5">
<enum>
(f)
</enum>
<header>
Waiver authority
</header>
<text display-inline="yes-display-inline">
Until such time as the Administrator promulgates regulations to implement this section, the Administrator may—
</text>
<paragraph id="H4ED8FB37371C41F59ED7D8D43940F76E">
<enum>
(1)
</enum>
<text>
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
</text>
</paragraph>
<paragraph id="HEDC845EB7A9C404980B0E460A3E512D6">
<enum>
(2)
</enum>
<text>
carry out the alternative procedures under this section as a pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HCA403A1121184CD28716C4D0F08003D4">
<enum>
(g)
</enum>
<header>
Overtime payments
</header>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H7648E3F3FC7C455E802E59B3A5E56CC5">
<enum>
(h)
</enum>
<header>
Report
</header>
<paragraph id="HE00D26CD15C54B588B1EAB214450B9E3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HB7BCF16548D74C5D89299D8271F86185">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report shall contain an assessment of the effectiveness of the alternative procedures, including—
</text>
<subparagraph id="HB0D324C40719457CBF7CE11F8382AD75">
<enum>
(A)
</enum>
<text>
whether the alternative procedures helped to improve the general speed of disaster recovery;
</text>
</subparagraph>
<subparagraph id="H1A2954C9916641DFB4C714F7FE265797">
<enum>
(B)
</enum>
<text>
the accuracy of the estimates relied upon;
</text>
</subparagraph>
<subparagraph id="HA16B7B94E362468CA8C530B86F0ECCAE">
<enum>
(C)
</enum>
<text>
whether the financial incentives and disincentives were effective;
</text>
</subparagraph>
<subparagraph id="HF03E3F7DE4904F22BF0BE32036B1421F">
<enum>
(D)
</enum>
<text>
whether the alternative procedures were cost effective;
</text>
</subparagraph>
<subparagraph id="HE427127D438B4D36B5002E3080F8D489">
<enum>
(E)
</enum>
<text>
whether the independent expert panel described in subsection (e)(1)(E) was effective; and
</text>
</subparagraph>
<subparagraph id="H5E913E9D08914D21AAF0B11F36C52B7A">
<enum>
(F)
</enum>
<text>
recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H43CAA50D23EC46BDBE994A5F6B01CC1D">
<enum>
1103.
</enum>
<header>
Federal assistance to individuals and households
</header>
<text display-inline="no-display-inline">
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(c)(1)(B)
</external-xref>
) is amended—
</text>
<paragraph id="HCAE89F5D38034645AB26F55B5FC010F3">
<enum>
(1)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
</text>
</paragraph>
<paragraph id="H77CA387407AD4253BEA92B3348F14412">
<enum>
(2)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="H94A6E4879C3B4C6A8DE7E354837898A1" style="OLC">
<clause id="HFD98BA9048C2400F8F95969FE764D736">
<enum>
(ii)
</enum>
<header>
Lease and repair of rental units for temporary housing
</header>
<subclause id="H3EA3E8C8FCFF49B6BFEC8380326389A2">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
</text>
<item id="H8855DED32F8C43D398E8AAD57427E076">
<enum>
(aa)
</enum>
<text>
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
</text>
</item>
<item id="H273AB40A459946CB965B743E8562875D">
<enum>
(bb)
</enum>
<text>
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
</text>
</item>
</subclause>
<subclause id="HCFB309A24E0445369207434B81C038E9">
<enum>
(II)
</enum>
<header>
Improvements or repairs
</header>
<text>
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs—
</text>
<item id="HC4DD1D7623634E77AE950C02FD5D2507">
<enum>
(aa)
</enum>
<text>
shall be deducted from the value of the lease agreement; and
</text>
</item>
<item id="H336D12000F5146FEB17DDFA8CF91DD2C">
<enum>
(bb)
</enum>
<text>
may not exceed the value of the lease agreement.
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4C26D96BD9774151A42692631A01865C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in clause (iv) (as so redesignated) by striking
<quote>
clause (ii)
</quote>
and inserting
<quote>
clause (iii)
</quote>
.
</text>
</paragraph>
</section>
<section id="H61EE08509DDC49F2A825CF7669EFF977">
<enum>
1104.
</enum>
<header>
Hazard mitigation
</header>
<subsection id="HEC5B54F6C44B4BC89D94B23E3E95ABB5">
<enum>
(a)
</enum>
<header>
Streamlined procedures; advance assistance
</header>
<text>
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H51CA337DE86A4D7C9B226393FFFEB890" style="OLC">
<subsection id="H111ED4583FD24A66AF339F5CCA546575">
<enum>
(d)
</enum>
<header>
Streamlined procedures
</header>
<paragraph id="HCE9F1237802545678B3631242327C4CA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
For the purpose of providing assistance under this section, the President shall ensure that—
</text>
<subparagraph id="H2A2582C71E554B54B643B3E1F7580B70">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H8C52EB4A59AD4919A198FF3EA5C0A1C2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDB47DF2BE71C4595BDF549FB71E5A419">
<enum>
(2)
</enum>
<header>
Authority for other expedited procedures
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H4F6ADCDD5D474B06A2F81A5DA46ADFA4">
<enum>
(e)
</enum>
<header>
Advance assistance
</header>
<text>
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.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA9052ED4FE1A48A880C1816E92800279">
<enum>
(b)
</enum>
<header>
Establishment of criteria relating to administration of hazard mitigation assistance by states
</header>
<text>
Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c(c)(2)
</external-xref>
) is amended by inserting after
<quote>
applications submitted under paragraph (1).
</quote>
the following:
<quote>
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.
</quote>
.
</text>
</subsection>
<subsection id="H359888054DE6401194BDED879FD5A309">
<enum>
(c)
</enum>
<header>
Applicability
</header>
<text>
The authority under the amendments made by this section shall apply to—
</text>
<paragraph id="H1880167580DE4234A4A39FEDDAA1D694">
<enum>
(1)
</enum>
<text>
any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) on or after the date of enactment of this division; and
</text>
</paragraph>
<paragraph id="H2031C8327C0143C9B5B745A5C9D4EB92">
<enum>
(2)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
<section id="H5053AB56AF0B41099A67F52C71F70391">
<enum>
1105.
</enum>
<header>
Dispute resolution pilot program
</header>
<subsection id="HF36ADFFFD3A0495790EDB1371C40451C">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section, the following definitions apply:
</text>
<paragraph id="H2D2C5EAB2FDE4175A121F1674CAF9FFE">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<quote>
Administrator
</quote>
means the Administrator of the Federal Emergency Management Agency.
</text>
</paragraph>
<paragraph id="H79F1419470DD4253A440B58DE670F521">
<enum>
(2)
</enum>
<header>
Eligible assistance
</header>
<text>
The term
<quote>
eligible assistance
</quote>
means assistance—
</text>
<subparagraph id="H2B03271BFF794C56B4CDBA2ED40388A7">
<enum>
(A)
</enum>
<text>
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
, 5172, 5173);
</text>
</subparagraph>
<subparagraph id="HE6E79786AD4C4269B29A280EE5B756C5">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H47691406F44242F0A9C179652A1178DF">
<enum>
(C)
</enum>
<text>
for which the applicant has a non-Federal share; and
</text>
</subparagraph>
<subparagraph id="HCDB603FDDDE8446CBD8D116D9E5FA67A">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
for which the applicant has received a decision on a first appeal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDB98022A81F84ABE82810BECBB8C7992">
<enum>
(b)
</enum>
<header>
Procedures
</header>
<paragraph id="H4757D40EE3C34D00AABDA4DC55B649FB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H2BADB5A9084348E682E25E5B6AF5A0BA">
<enum>
(2)
</enum>
<header>
Binding effect
</header>
<text>
A decision by an independent review panel under this section shall be binding upon the parties to the dispute.
</text>
</paragraph>
<paragraph id="H2674D5262383487CACDBBD25ADD06E17">
<enum>
(3)
</enum>
<header>
Considerations
</header>
<text>
The procedures established under this section shall—
</text>
<subparagraph id="HBDD8BE35FAA34AAD8335992A5E6AF868">
<enum>
(A)
</enum>
<text>
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
</text>
</subparagraph>
<subparagraph id="H6EB809EE612047F297572E7FF43F925D">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H6A7C1FF90828426EB591ED19A9EBC4A7">
<enum>
(C)
</enum>
<text>
require that the sponsor of an independent review panel for any alternative dispute resolution under this section be—
</text>
<clause id="HA9C09B2E6BA94101A319B24BEF682312">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HC938B0BB6768476D89E0CAD120D6FCC2">
<enum>
(ii)
</enum>
<text>
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;
</text>
</clause>
</subparagraph>
<subparagraph id="HA3E00274821547CBB9D285CB8D57DE1B">
<enum>
(D)
</enum>
<text>
require an independent review panel to—
</text>
<clause id="HFCE9CAC06A104EB9AC1D241C10E27781">
<enum>
(i)
</enum>
<text>
resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance;
</text>
</clause>
<clause id="H59036F68456745F6A29B6E559235C977">
<enum>
(ii)
</enum>
<text>
consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;
</text>
</clause>
<clause id="H4E0ABC8B36594CDF9B1C9F9896C936FB">
<enum>
(iii)
</enum>
<text>
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
</text>
</clause>
<clause id="H9326224298D748339CD6823BA01353DD">
<enum>
(iv)
</enum>
<text>
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;
</text>
</clause>
</subparagraph>
<subparagraph id="H484DC354DC574EC781314D804492C181">
<enum>
(E)
</enum>
<text>
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and
</text>
</subparagraph>
<subparagraph id="HAD66EF8CB05A4EDE989FD42C63E01093">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB15BBDDD35514316AC2B1F896408EE15">
<enum>
(c)
</enum>
<header>
Sunset
</header>
<text>
A request for review by an independent review panel under this section may not be made after December 31, 2015.
</text>
</subsection>
<subsection id="H41A85897B8B245BFBAA3AEE330028EC6">
<enum>
(d)
</enum>
<header>
Report
</header>
<paragraph id="HC1B8144FCA1649558B9B944F1BA52E9E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H30F04DCEE0C7494FA223140AF7479B05">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report submitted under paragraph (1) shall include—
</text>
<subparagraph id="H3F064984EAA14BE69A67C3477CDD515D">
<enum>
(A)
</enum>
<text>
a determination of the availability of data required to complete the report;
</text>
</subparagraph>
<subparagraph id="HD42B57BBED314909B5A0EB1BBCC5B1C3">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HEC1813AEC0A44269A7B95E2F3464574E">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H71177B0775F64CE493139352AB603DED">
<enum>
(D)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HB27907006ECE40559E3837A2B181EE54">
<enum>
(E)
</enum>
<text>
a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and
</text>
</subparagraph>
<subparagraph id="H8C5F665C5DFE4F7787A8070C6F8349DF">
<enum>
(F)
</enum>
<text>
recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HB641C978B915409087DC39D7D55E8C86">
<enum>
1106.
</enum>
<header>
Unified Federal review
</header>
<text display-inline="no-display-inline">
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:
</text>
<quoted-block id="H25C4FEBE54524C0FBE34E863FCE55BD3" style="OLC">
<section id="H5B5A1BDE5FC5431089A2D84770521FE5">
<enum>
429.
</enum>
<header>
Unified Federal review
</header>
<subsection id="H6514D9DE4E90414CB63D24DCE7C58F20">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H67F07240AF6C4BD8A5AF5B88445C9146">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
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.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H9DDC8EEC1201402DB2EC5852B06F716B">
<enum>
1107.
</enum>
<header>
Simplified procedures
</header>
<text display-inline="no-display-inline">
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5189">
42 U.S.C. 5189
</external-xref>
) is amended—
</text>
<paragraph id="H5A35B2923A7546CE918FF4159C4E64CF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
If the Federal estimate
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—If the Federal estimate
</quote>
;
</text>
</paragraph>
<paragraph id="H39D244988A564AF2A4E05799D3420ED2">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))
</quote>
after
<quote>
$35,000
</quote>
the first place it appears;
</text>
</paragraph>
<paragraph id="HFEF55D2047BB4EEEAFBC18307EA3E658">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or, if applicable, the amount established under subsection (b),
</quote>
after
<quote>
$35,000 amount
</quote>
the second place it appears; and
</text>
</paragraph>
<paragraph id="HE959DECE82D04B9380BCC14E0A8E6789">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD7C13CC342C64E87897A7D97935EB5D1" style="OLC">
<subsection id="HD1CEAC6CF1FC40FD91D974DCB36C797A">
<enum>
(b)
</enum>
<header>
Threshold
</header>
<paragraph id="H0329C36785EA42359695A3BCB9557D8F">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
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
<quote>
Administrator
</quote>
), shall—
</text>
<subparagraph id="HE06DB5F0F3B1417C87A4DD343BA1A6BE">
<enum>
(A)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H8DCB134F879F43908D6523BC27F1DEC0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</subparagraph>
</paragraph>
<paragraph id="HDDC0351F8A2C430099B04599F2A7F38E">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
</text>
<subparagraph id="H2CEE6A8E870B484C8C3C583750BC78F4">
<enum>
(A)
</enum>
<text>
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code; and
</text>
</subparagraph>
<subparagraph id="H3AD420B8F2E04CC4BED79AFA47A49EC0">
<enum>
(B)
</enum>
<text>
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD15958B51E643DB85458E3D4CA9EDB1">
<enum>
(3)
</enum>
<header>
Review
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6A10C3C7039F46C3AC42D657394C5F06">
<enum>
1108.
</enum>
<header>
Essential assistance
</header>
<subsection id="H32C459FDF9F944F892447A1B18BF3527">
<enum>
(a)
</enum>
<header>
Other needs assistance
</header>
<text>
Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(e)(1)
</external-xref>
) is amended—
</text>
<paragraph id="H3EBE2EA4870E4FFC86D269DBA4F09C1F">
<enum>
(1)
</enum>
<text>
in the paragraph heading by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
child care,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
dental,
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HE6BF72C5DAF74254AE119D81558B6EBD">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
child care,
</quote>
after
<quote>
dental,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H8687A44F7F93433697666AB35653F2B8">
<enum>
(b)
</enum>
<header>
Salaries and benefits
</header>
<text>
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HB9CC3C126A7F4713AF7772B37D797FFD" style="OLC">
<subsection display-inline="no-display-inline" id="H31CE6A23D1B24D6DB2D913518962CD0E">
<enum>
(d)
</enum>
<header>
Salaries and benefits
</header>
<paragraph id="H31914A892EF3403C8808D90DA39F3B4E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H7C158E1B184349388F1CCB45808782C0">
<enum>
(A)
</enum>
<text>
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
</text>
<clause id="HEC674ECAEB544E8A803FEB00414BDACD">
<enum>
(i)
</enum>
<text>
the work is not typically performed by the employees; and
</text>
</clause>
<clause id="H99C9FB213D49465B89CFA906179D8819">
<enum>
(ii)
</enum>
<text>
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or
</text>
</clause>
</subparagraph>
<subparagraph id="H633502A6D33F456EA851C7E33D9C03F2">
<enum>
(B)
</enum>
<text>
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H74BFC16A753A4C71B5AB5B702D9668EA">
<enum>
(2)
</enum>
<header>
Overtime
</header>
<text>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HA682976E88E44289B4B0974A8499DB8B">
<enum>
(3)
</enum>
<header>
No effect on mutual aid pacts
</header>
<text>
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H3B386FB8844341238A880F490E8D1398">
<enum>
1109.
</enum>
<header>
Individual assistance factors
</header>
<text display-inline="no-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), not later than 1 year after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under
<external-xref legal-doc="regulation" parsable-cite="cfr/44/206.48">
section 206.48
</external-xref>
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.
</text>
</section>
<section id="H5ADC21B8762E4630BED3E88BBA179943">
<enum>
1110.
</enum>
<header>
Tribal requests for a major disaster or emergency declaration under the Stafford Act
</header>
<subsection id="H1CB0EF9F9E1B4314A1E921128AD67D67">
<enum>
(a)
</enum>
<header>
Major disaster requests
</header>
<text>
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170
</external-xref>
) is amended—
</text>
<paragraph id="H58887D8E33AE4E7B834C0DF9A72E91C3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
All requests for a declaration
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general.—
</header-in-text>
All requests for a declaration
</quote>
; and
</text>
</paragraph>
<paragraph id="H21A531AE090B46D8A849DC32742692D9">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HF3EC2191A48E4042B0BA1A45C86BB912" style="OLC">
<subsection id="H18FCD8C768044B2FBAD2F43544E6AF08">
<enum>
(b)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H50A28394B8ED4F1ABA48C696F6AFCC3C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="HFF153579D8EE40FBB4BC5326237BC4BB">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HFA164435C401461DA0042DF7E0486B29">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="HEBEAF15329A846E7800C338CA886CA58">
<enum>
(c)
</enum>
<header>
Cost share adjustments for Indian tribal governments
</header>
<paragraph id="HCFB447187B28475F8369C8A37C515B60">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="HAD02849BA4EB4CCE91C79C5D96712F89">
<enum>
(A)
</enum>
<text>
the President has the authority to waive or adjust the payment under another provision of this title; and
</text>
</subparagraph>
<subparagraph id="H7A836ED5B6C342D4AC513993167885DE">
<enum>
(B)
</enum>
<text>
the President determines that the waiver or adjustment is necessary and appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD8EDDDBAE9EE414C8F9C47B0DC956CFC">
<enum>
(2)
</enum>
<header>
Criteria for making determinations
</header>
<text>
The President shall establish criteria for making determinations under paragraph (1)(B).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6E1954BFD3174F1784017CC856FCA3D4">
<enum>
(b)
</enum>
<header>
Emergency requests
</header>
<text>
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5191">
42 U.S.C. 5191
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H5C553EED6E144DAF91A7268E69DF8A49" style="OLC">
<subsection id="HD0326E579FFD4D829AE71FA939505563">
<enum>
(c)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H7C5AB3EEEE0C48A983312D5D43EAEEFC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H8C6248605CF94AA092C1E219C573DA3C">
<enum>
(2)
</enum>
<header>
References
</header>
<text display-inline="yes-display-inline">
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.
</text>
</paragraph>
<paragraph id="H1E4C3BF405634B479236977946380B37">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEE8E2E8BA0FB4A7CB6FD8D44F9F9F1D5">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
) is amended—
</text>
<paragraph id="HE4CFEB1006C24FE8B4B179BC4B39F2B4">
<enum>
(1)
</enum>
<text>
in paragraph (7)(B) by striking
<quote>
; and
</quote>
and inserting
<quote>
, that is not an Indian tribal government as defined in paragraph (6); and
</quote>
;
</text>
</paragraph>
<paragraph id="HCCC92A66CC1E4A32A7AB23B7FE2ECF1F">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
</text>
</paragraph>
<paragraph id="H2EC5059FC0264071A999BA34638EB34B">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block id="H4B8FEF4BAAE14E21BBF79C92061483FB" style="OLC">
<paragraph id="H44D60E8F4C584A7F8C70A6B139A50AA0">
<enum>
(6)
</enum>
<header>
Indian tribal government
</header>
<text>
The term
<quote>
Indian tribal government
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/25/479a">
25 U.S.C. 479a et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H48864FE7F5DC4D72B317768BA17D54D0">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H0C922BA3C3E84412B98B6A79BD0D169F" style="OLC">
<paragraph id="HF12673B257A4493EBDA155FD89122A03">
<enum>
(12)
</enum>
<header>
Chief executive
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Chief Executive
</quote>
means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HCABDF0940AB0465683104476463BE390">
<enum>
(d)
</enum>
<header>
References
</header>
<text>
Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended by adding after section 102 the following:
</text>
<quoted-block id="H42B9A499E1FB460F9C54E3711ABEF896" style="OLC">
<section id="H5C1D5598DFCF4EE1A41472D587D7F5EF">
<enum>
103.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, any reference in this Act to
<quote>
State and local
</quote>
,
<quote>
State or local
</quote>
,
<quote>
State, and local
</quote>
,
<quote>
State, or local
</quote>
, or
<quote>
State, local
</quote>
(including plurals) with respect to governments or officials and any reference to a
<quote>
local government
</quote>
in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H923D490EDC214F9588E8C68A053099E4">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<paragraph id="H0245E0C1AFE643E6ACE20B5BA4A5FA07">
<enum>
(1)
</enum>
<header>
Issuance
</header>
<text>
The President shall issue regulations to carry out the amendments made by this section.
</text>
</paragraph>
<paragraph id="HD7E33C3696D84FCBAD4F657EA2DFB8DA">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
</text>
</paragraph>
</subsection>
</section>
<section id="H333DD6B480B5432B9BEEE07B6A0299F7">
<enum>
1111.
</enum>
<header>
Recommendations for reducing costs of future disasters
</header>
<subsection id="H1157AA617BC44F869A2C3E662F472C80">
<enum>
(a)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HA3FDAE47C53E4AF992195D9B96C5F5AF">
<enum>
(b)
</enum>
<header>
National strategy
</header>
<text display-inline="yes-display-inline">
The national strategy should—
</text>
<paragraph id="HEDA4D8EB33464281B848C98767F09E98">
<enum>
(1)
</enum>
<text>
respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
</text>
</paragraph>
<paragraph id="H4D5C6D420E4048D683B47BD6FC7C1F2E">
<enum>
(2)
</enum>
<text>
consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
</text>
</paragraph>
<paragraph id="H22B5247F76BF4C218B0EA187D06CAF9E">
<enum>
(3)
</enum>
<text>
analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
</text>
</paragraph>
<paragraph id="H437FC45FE56C4ED69C521BCBD19C0A88">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
</division>
</legis-body>
<attestation>
<attestation-group>
<role>
Speaker of the House of Representatives.
</role>
</attestation-group>
<attestation-group>
<role>
Vice President of the United States and President of the Senate.
</role>
</attestation-group>
</attestation>
</bill>
| I One Hundred Thirteenth Congress of the United States of America At the First Session Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen 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.
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: A disaster relief appropriations act, 2013 I Department of Agriculture domestic food programs food and nutrition service commodity assistance program For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7508(a)(1) ), $6,000,000: Provided , That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act ( 7 U.S.C. 7508 , 7515): Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations for necessary expenses related to the consequences of Hurricane Sandy, $20,000,000, to remain available until expended to conduct studies of flood and storm damage reduction related to natural disasters: Provided, That using $19,500,000 of the funds provided herein, the Secretary of the Army shall conduct, at full Federal expense, a comprehensive study to address the flood risks of vulnerable coastal populations in areas impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That an interim report with an assessment of authorized Corps projects for reducing flooding and storm risks in the affected area that have been constructed or are under construction, including construction cost estimates, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate not later than March 1, 2013: Provided further, That an interim report identifying any previously authorized but unconstructed Corps project and any project under study by the Corps for reducing flooding and storm damage risks in the affected area, including updated construction cost estimates, that are, or would be, consistent with the comprehensive study shall be submitted to the appropriate congressional committees not later than May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees not later than 24 months after the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities that warrant additional analysis by the Corps, as well as institutional and other barriers to providing protection to the affected coastal areas: Provided further, That the Secretary shall conduct the study in coordination with other Federal agencies, and State, local, and Tribal officials to ensure consistency with other plans to be developed, as appropriate: Provided further, That using $500,000 of the funds provided herein, the Secretary shall conduct, at full Federal expense, an evaluation of the performance of existing projects constructed by the Corps and damaged as a consequence of Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements to such projects: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this division. Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $9,000,000, to remain available until expended for repairs to projects that were under construction and damaged as a consequence of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $742,000,000, to remain available until expended to dredge Federal navigation channels, and repair damage to Corps projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies for necessary expenses related to the consequences of Hurricane Sandy, $582,000,000, to remain available until expended to support emergency operations, repairs, and other activities, as authorized by law: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. III Small Business Administration Salaries and expenses For an additional amount for Salaries and Expenses , $10,000,000 for grants to or cooperative agreements with organizations to provide technical assistance related to disaster recovery, response, and long term resiliency to small businesses that are recovering from Hurricane Sandy: Provided, That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas: Provided further, That the Administrator of the Small Business Administration may waive the matching requirements under section 21(a)(4)(A) and 29(c) of the Small Business Act for any grant made using funds made available under this heading: Provided further, That no later than 30 days after the date of enactment of this division, or no less than 7 days prior to obligation of funds, whichever occurs earlier, the Administrator of the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Disaster loans program account (including transfer of funds) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to the consequences of Hurricane Sandy, $100,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for direct administrative expenses of loan making and servicing to carry out the direct loan program authorized by section 7(b) of the Small Business Act in response to Hurricane Sandy, an additional $50,000,000, to remain available until expended, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. IV Department of Homeland Security Coast Guard Acquisition, construction, and improvements (Including transfer of funds) For an additional amount for Acquisition, Construction, and Improvements for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That notwithstanding the transfer limitation contained in section 503 of division D of Public Law 112–74 , such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section: Provided further , That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. Federal Emergency Management Agency Disaster relief fund (Including transfer of funds) For an additional amount for the Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) that is in excess of $1,000,000, the specifics of each such grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 . Science and Technology Research, development, acquisition, and operations For an additional amount for Research, Development, Acquisition, and Operations , for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Domestic Nuclear Detection Office Systems acquisition For an additional amount for Systems Acquisition , for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provision—This Title 401. Funds made available by Public Law 109–88 for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy. V Department of the Interior Fish and wildlife service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National park service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of safety and environmental enforcement Oil spill research For an additional amount for Oil Spill Research for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VI department of health and human services office of the secretary public health and social services emergency fund (including transfers of funds) For an additional amount for Public Health and Social Services Emergency Fund for disaster response and recovery, and other expenses directly related to Hurricane Sandy, including making payments under the Head Start Act and additional payments for distribution as provided for under the “Social Services Block Grant Program”, $100,000,000, to remain available until September 30, 2014: Provided, That not less than $25,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein: Provided further, That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein: Provided further, That not less than $2,000,000 shall be transferred to the Department of Health and Human Services (“HHS”) “Office of Inspector General” to perform oversight, accountability, and evaluation of programs, projects, or activities supported with the funds provided for the purposes provided herein: Provided further, That notwithstanding any other provision of law, the distribution of any amount shall be limited to the States of New York and New Jersey, except that funds provided to “Substance Abuse and Mental Health Services Administration” may be distributed to other States, but only if such funds are for grants, contracts, and cooperative agreements for behavioral health treatment, crisis counseling, and other related helplines, and for other similar programs to provide support to dislocated residents of New York and New Jersey: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of the “base grant” in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph are in addition to the entitlement grants authorized by section 2002(a)(1) of the Social Security Act and shall not be available for such entitlement grants: Provided further, That funds appropriated in this paragraph may be transferred by the Secretary of HHS (“Secretary”) to accounts within HHS, and shall be available only for the purposes provided in this paragraph: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act for fiscal year 2013: Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this division may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agencies Social Security Administration Limitation on Administrative Expenses (including transfer of funds) For an additional amount for ‘‘Limitation on Administrative Expenses”, $2,000,000, for expenses directly related to Hurricane Sandy, which shall be derived from the unobligated balances that remain available under such heading for the Social Security Administration for information technology and telecommunications hardware and software infrastructure: Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VII department of defense military construction Military Construction, Army National Guard For an additional amount for Military Construction, Army National Guard for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017: Provided , That none of the funds made available to the Army National Guard for recovery efforts related to Hurricane Sandy in this division shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further , That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Veterans Affairs Veterans Health Administration Medical Services For an additional amount for Medical Services for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Medical Facilities For an additional amount for “Medical Facilities” for necessary expenses related to the consequences of Hurricane Sandy, $6,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Cemetery Administration For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Departmental Administration Information Technology Systems For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction, Major Projects For an additional amount for “Construction, Major Projects”, $207,000,000, to remain available until September 30, 2017, for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided , That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VIII Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $14,600,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Operating subsidy grants to the national railroad passenger corporation For an additional amount for Operating Subsidy Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy: Provided , That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose: Provided further, That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfer of funds) For an additional amount for Community Development Fund , $3,850,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided , That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development: Provided further, That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data: Provided further, That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a grantee may use up to 5 percent of its overall allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or this heading: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ): Provided further, That, notwithstanding section 104(g)(2) of such Act ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision—Department of housing and urban development 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. IX general provisions—this division 901. Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 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. 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. (2) Not later than June 30, 2013, the Government Accountability Office shall review for the Committees on Appropriations of the House of Representatives and the Senate the design of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this division shall be deemed to be susceptible to significant improper payments for purposes of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this division shall be expended by the grantees within the 24-month period following the agency’s obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. (d) Through September 30, 2015, the Recovery Accountability and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated in this or any other Act for any fiscal year of such period for purposes related to the impact of Hurricane Sandy: Provided , That the Board shall coordinate its oversight efforts with the Director of OMB, the head of each Federal agency receiving appropriations related to the impact of Hurricane Sandy, and the respective Inspector General of each such agency: Provided further , That the Board shall submit quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on its activities related to funds appropriated for the impact of Hurricane Sandy. X Additional Disaster Assistance 1 Department of Agriculture Office of the Secretary Emergency conservation activities (Including transfer of funds) For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 , 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program; 16 U.S.C. 2203 ), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program; 16 U.S.C. 2206 ): Provided , That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provision—this chapter 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 Public Law 110–329 (122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities. 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: (1) $50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy; (2) $7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy; (3) $3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy; (4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites; (5) $50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and (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: 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. 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: (1) $9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy; (2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft; (3) $8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure; (4) $13,000,000 to accelerate the National Weather Service ground readiness project; and (5) $111,000,000 for a weather satellite data mitigation gap reserve fund: 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. 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. 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. 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. 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. 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. 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 Public Law 105–119 , and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading: Provided further , That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government. 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. 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. 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. 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. 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. 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. 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. 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. 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 Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds: Provided further, That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: Provided further, That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy: Provided further, That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $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. 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. 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. General provision—this chapter 1041. This chapter shall apply in place of title II of this division, and such title shall have no force or effect. 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. 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 . 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. 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. 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. 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. 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. 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 . 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 ( 42 U.S.C. 5121 et seq. ), $11,487,735,000, to remain available until expended: Provided , That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided further , That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 : Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect. 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 ( 42 U.S.C. 5184 ), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program: 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 these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000: Provided further , That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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. 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. 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 ( 42 U.S.C. 5121 et seq. ): Provided further , That individual grants shall not be subject to a non-Federal matching requirement: 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. Construction The provisions under this heading in title V of this division shall be applied by substituting $348,000,000 for $234,000,000 . 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Federal highway administration Federal-aid highways Emergency relief program For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $2,022,000,000, to remain available until expended: Provided , That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000: Provided further, That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy: Provided further, That no funds provided in this division shall be used for section 125(g) of such title: Provided further, That the amount provided 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. 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. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy: Provided, That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer: Provided further, That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes: Provided further, That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including 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 ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided, That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development: Provided further, That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data: Provided further, That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division: Provided further, That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further, That a grantee may use up to 5 percent of its allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provisions—This chapter 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. 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. 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. 1094. This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect. 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. 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. This division may be cited as the Disaster Relief Appropriations Act, 2013 . B Sandy Recovery Improvement Act of 2013 1101. Short title; table of contents (a) Short title This division may be cited as the Sandy Recovery Improvement Act of 2013 . (b) Table of contents The table of contents for this division is as follows: Sec. 1101. Short title; table of contents. Sec. 1102. Public assistance program alternative procedures. Sec. 1103. Federal assistance to individuals and households. Sec. 1104. Hazard mitigation. Sec. 1105. Dispute resolution pilot program. Sec. 1106. Unified Federal review. Sec. 1107. Simplified procedures. Sec. 1108. Essential assistance. Sec. 1109. Individual assistance factors. Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act. Sec. 1111. Recommendations for reducing costs of future disasters. 1102. 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: 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. . 1103. 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) . 1104. 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 division; and (2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division. 1105. 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. 1106. Unified Federal review 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: 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. . 1107. 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. . 1108. 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. . 1109. 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 division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 1110. 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: 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. 1111. Recommendations for reducing costs of future disasters (a) Report to Congress Not later than 180 days after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States. (b) National strategy The national strategy should— (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector; (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards; (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery.
Speaker of the House of Representatives. Vice President of the United States and President of the Senate. |
113-hr-152-ih-dtd | 113-hr-152 | 113 | hr | 152 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr152ih.xml | BILLS-113hr152ih.xml | 2023-01-08 17:42:51.869 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="appropriations" dms-id="H3C2911A75FD943C1B3C974CB348D31DF" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 152 IH: Disaster Relief Appropriations Act, 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 152
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="R000395">
Mr. Rogers of Kentucky
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HAP00">
Committee on Appropriations
</committee-name>
, and in addition to the Committee on the
<committee-name committee-id="HBU00">
Budget
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
Making supplemental appropriations for the fiscal year ending September 30, 2013, and for other purposes.
</official-title>
</form>
<legis-body id="HB8F4054A4F8A46F99F24F493E94168A5" style="appropriations">
<section display-inline="yes-display-inline" id="H49AD327E861546D789741BF92FA82530" section-type="undesignated-section">
<text display-inline="yes-display-inline">
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:
</text>
</section>
<title id="H2C1ADBC4239F42C09B7825F0EACDDACA">
<enum>
I
</enum>
<appropriations-major id="H4818E206952F462DA309367F280FAAD4">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-major id="H3A98F43A5525466989EC69AA9E632895">
<header>
domestic food programs
</header>
</appropriations-major>
<appropriations-intermediate id="H137276F5BC234D44832180C1DB7F83C5">
<header>
food and nutrition service
</header>
</appropriations-intermediate>
<appropriations-small id="H72EA321E4A524947B4E5C0F589D71918">
<header>
commodity assistance program
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Commodity Assistance Program
</quote>
for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2036">
7 U.S.C. 2036(a)
</external-xref>
) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508(a)(1)
</external-xref>
), $6,000,000:
<italic>
Provided
</italic>
, That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508
</external-xref>
, 7515):
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HB9EDE8AA46614B1781BCDDFD027987ED">
<enum>
II
</enum>
<appropriations-major id="H5926F21D8F844D8D8688846B398942B1">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="HE9C45D0234B64EBA9F2CC65066237F6F">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="HCB1FF51B92A9469C998D01163654DC02">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That a final report shall be submitted to the appropriate congressional committees not later than 24 months after the date of enactment of this Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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 Act.
</text>
</appropriations-small>
<appropriations-small id="HAA30CDE42BD84BF4AD86ABEEFA3FD297">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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 Act.
</text>
</appropriations-small>
<appropriations-small id="H6F09FE1A8D2340C49DC2C573FEBB931C">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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 Act.
</text>
</appropriations-small>
<appropriations-small id="H791C52354E514C9BA743A8A83333ADE8">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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 Act.
</text>
</appropriations-small>
</title>
<title id="HF1B9AA3D49AC4741B6633A281D2A8F6C">
<enum>
III
</enum>
<appropriations-intermediate id="H23B74BBE23C34E14B9B1DE3BC2DF783A">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HC8B34ADBDFE74FEEBA40448C7F1C4F9B">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
, $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:
<italic>
Provided,
</italic>
That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That no later than 30 days after the date of enactment of this Act, 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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H9D81324C87974968BC3B2A2B340C043C">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H42ACC28F90544E949D229846E9D9A763">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="HBD629E608F9F4534BC7EB5C328F675A2">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="H9589CC5FE61E4F7183369032A963B301">
<enum>
IV
</enum>
<appropriations-major id="H525CB2465C3246BD929E23A19311B4B0">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="H747F600BF54A49BFA4BB8C0A24072F69">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H6AD95DC5B19C4ACC9ACC01FA1B9C64F1">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="H353FD7343368476C8416B3B1AD740D8D">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Acquisition, Construction, and Improvements
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding the transfer limitation contained in section 503 of division D of
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
, such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section:
<italic>
Provided further
</italic>
, That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this Act.
</text>
</appropriations-small>
<appropriations-intermediate id="H33A4D0F5191A4190B33F46700CF1B0D1">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="HB38AEBA3987A4D5C866CD231CB1940C3">
<header>
Disaster relief fund
</header>
</appropriations-small>
<appropriations-small id="HB188B2A3860643568A565D0F13162671">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters:
<italic>
Provided
</italic>
, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further,
</italic>
That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) that is in excess of $1,000,000, the specifics of each such grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this Act, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this Act, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
.
</text>
</appropriations-small>
<appropriations-intermediate id="H6F8C899D7B714B79861CBED297F6AB43">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H7A9F33827E634F2D8B72225D73D40A28">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Research, Development, Acquisition, and Operations
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H413E27908D1A4FA0953D2717B2573ABF">
<header>
Domestic Nuclear Detection Office
</header>
</appropriations-intermediate>
<appropriations-small id="HD5CB257DB52840F0B19FF4274484A438">
<header>
Systems acquisition
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Systems Acquisition
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H76ABF7FE6235488F971DE5222D933E13">
<header>
General Provision—This Title
</header>
</appropriations-intermediate>
<section id="HDB4D62C8E6E7460BA540F63B6ACA723B">
<enum>
401.
</enum>
<text display-inline="yes-display-inline">
Funds made available by
<external-xref legal-doc="public-law" parsable-cite="pl/109/88">
Public Law 109–88
</external-xref>
for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy.
</text>
</section>
</title>
<title id="H952C77F1BD0A4329AB5E8FA019D30CC8">
<enum>
V
</enum>
<appropriations-major id="H763A760CF21443289A8F4842100EF5A1">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="H5DB5D75659D44C159B2C23C995B35591">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="H0548F1C0BD79484AB5A18A517A289F2C">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H126DEAC9A0614349A3F5684F6D1C4520">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H7085CF94393E487B9C37CE330B509F33">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H9BDBC4C881E744A9AF7BF6BEBC4EAE1E">
<header>
Bureau of safety and environmental enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="HFAAE83EE365248368CFAF523BB0908E2">
<header>
Oil spill research
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Oil Spill Research
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="H760D08806FB44DB0A5CBFE70D6A0006D">
<enum>
VI
</enum>
<appropriations-major id="HC4E476BAEE5A46D2BAF67D997BC8E3D9">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="HF3810DD84FD84541888C5C597F05625B">
<header>
office of the secretary
</header>
</appropriations-intermediate>
<appropriations-small id="H9895C2F82E53438993F63D8881DD89DF">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="HD47C841DD11346DEA4C2DEB5A54947AC">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That obligations incurred for the purposes provided herein prior to the date of enactment of this Act may be charged to funds appropriated by this paragraph:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HEA93D9C9675D4361BB62F29A0ABD8BA7">
<header>
related agencies
</header>
</appropriations-major>
<appropriations-intermediate id="HDDC9D53A48544D38BC09858D1CC89E90">
<header>
Social Security Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H69D085BEDA344F549B2BF9436EAE779B">
<header>
Limitation on Administrative Expenses
</header>
</appropriations-small>
<appropriations-small id="HBC1D242C46A04AB7A90AE329CC66C40A">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HB662A158F79C4ADC8B05AF6109F2CFFE">
<enum>
VII
</enum>
<appropriations-major id="H7CFE48160506430E8926127A4BC742C5">
<header>
department of defense
</header>
</appropriations-major>
<appropriations-major id="H6870CD40F6124106B0F9879AB62CD964">
<header>
military construction
</header>
</appropriations-major>
<appropriations-intermediate id="H9E44A66967C64668A282B7209521B2CB">
<header>
Military Construction, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Military Construction, Army National Guard
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017:
<italic>
Provided
</italic>
, That none of the funds made available to the Army National Guard for recovery efforts related to Hurricane Sandy in this Act 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:
<italic>
Provided further
</italic>
, That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="H200C032433B54563817B4EAC7FC0AF11">
<header>
Department of Veterans Affairs
</header>
</appropriations-major>
<appropriations-intermediate id="H4705CED7C139460B8EEFB9F1810A00C8">
<header>
Veterans Health Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HA3E78AF3C4F448638823F614A4C04C07">
<header>
Medical Services
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Medical Services
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H7F4D92B00C3C49689C53E89B49A873BC">
<header>
Medical Facilities
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HC720D53A8D4B41E4B7C5F997C50B759C">
<header>
National Cemetery Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HC7D49C4B49B84449A7E801A2B260E7BE">
<text display-inline="no-display-inline">
For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H21B467E3A64F4A60A45717820D020784">
<header>
Departmental Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H37DFF212F7DC49AD976332C9E58C47A8">
<header>
Information Technology Systems
</header>
<text display-inline="no-display-inline">
For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="HFCF6793F2008463AB24D707296D8967A">
<header>
Construction, Major Projects
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="H6CFB36AC01D94D4E934A888FC1FD1218">
<enum>
VIII
</enum>
<appropriations-major id="HB5373F670FDB4AF1B4C01A16952C8A46">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HAB309A0F30414C08A9537D971FADDBBD">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="H03C27CF5021F46CC962EE696E60187CC">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="HF555D23D4773494DA862EE5D30407E14">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
<italic>
,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H24ED6035C2434A5FAFB38ACEC081A2C9">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="H67D34C33C8514BDF8619A185B97D2545">
<header>
Operating subsidy grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operating Subsidy Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H228AE803563644AABF6D2C8D0A4DBBD5">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="HCA906CC79AD047CBAC2740BCD05ADD5B">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="HF98554D5DF0C4B1CA0AB0335E867646A">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy:
<italic>
Provided
</italic>
, That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this Act:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H77434845F240402C93CC4002047C5333">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="HCFDE64358B1149B6A058CFC009F15B53">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="H3D37A496608845F4B195E4C93AABDAA1">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="H4DEF430D10A849F28DB8A86FB6B6FEE5">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided
</italic>
, That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That within 60 days after the enactment of this Act, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data:
<italic>
Provided further,
</italic>
That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall, by notice issued within 45 days of enactment of this Act, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further
</italic>
, That a grantee may use up to 5 percent of its overall allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
) or this heading:
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under sections 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(1)
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="HFA4BCECAECCB4845B98D964EC26010A3">
<header>
Administrative provision—department of housing and urban development
</header>
</appropriations-intermediate>
<section id="HA6FBCC069BCA41D9848BAE5B6C7EAEF3">
<enum>
801.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
</title>
<title id="H005C97BC7E2C4A41941F57C461ADF5EA">
<enum>
IX
</enum>
<header display-inline="no-display-inline">
general provisions—this act
</header>
<section id="H13E6C0B401E848E1B03B735287343801">
<enum>
901.
</enum>
<text display-inline="yes-display-inline">
Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved.
</text>
</section>
<section id="H21553D5F3CF74497BB473163A6337B10">
<enum>
902.
</enum>
<text display-inline="yes-display-inline">
Each amount designated in this Act 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.
</text>
</section>
<section id="HA4688C2308674247B3F987DD5F0AD5B2">
<enum>
903.
</enum>
<text display-inline="yes-display-inline">
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
</text>
</section>
<section id="HCCEE40E4C0014C78A3515059A3DC7C00">
<enum>
904.
</enum>
<subsection display-inline="yes-display-inline" id="HAB694CD8018246168FA26BDF4F98A68D">
<enum>
(a)
</enum>
<paragraph display-inline="yes-display-inline" id="H72035F3C8CB04D9DB0D306453B9833BD">
<enum>
(1)
</enum>
<text>
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
<quote>
OMB
</quote>
), 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 Act.
</text>
</paragraph>
<paragraph id="H3243B7F8649F46CBB59AE4292168C56B" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Not later than June 30, 2013, the Government Accountability Office shall report to the Committees on Appropriations of the House of Representatives and the Senate on the effectiveness of the internal control plans required by paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H821C1E354FB241E3843CBA28F1A378A5">
<enum>
(b)
</enum>
<text display-inline="yes-display-inline">
All programs and activities receiving funds under this Act shall be deemed to be
<quote>
susceptible to significant improper payments
</quote>
for purposes of the Improper Payments Information Act of 2002 (
<external-xref legal-doc="usc" parsable-cite="usc/31/3321">
31 U.S.C. 3321
</external-xref>
note), notwithstanding section 2(a) of such Act.
</text>
</subsection>
<subsection id="HA7C0F30125374E3DAFC09708C7845FEC">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
Funds for grants provided by this Act 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.
</text>
</subsection>
<subsection id="H0C8D27B5D8E143E58A13A36B343EC4A6">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="HBFC1F9A0A2064AFAA9CF5830C13A56D5" section-type="undesignated-section">
<text display-inline="yes-display-inline">
This Act may be cited as the
<quote>
<short-title>
Disaster Relief Appropriations Act, 2013
</short-title>
</quote>
.
</text>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 152 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Rogers of Kentucky introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL Making supplemental appropriations for the fiscal year ending September 30, 2013, and for other purposes.
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: I Department of Agriculture domestic food programs food and nutrition service commodity assistance program For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7508(a)(1) ), $6,000,000: Provided , That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act ( 7 U.S.C. 7508 , 7515): Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 Act: 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 Act. 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 Act. 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 Act. 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 Act. 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 Act, or no less than 7 days prior to obligation of funds, whichever occurs earlier, the Administrator of the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Disaster loans program account (including transfer of funds) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to the consequences of Hurricane Sandy, $100,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for direct administrative expenses of loan making and servicing to carry out the direct loan program authorized by section 7(b) of the Small Business Act in response to Hurricane Sandy, an additional $50,000,000, to remain available until expended, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. IV Department of Homeland Security Coast Guard Acquisition, construction, and improvements (Including transfer of funds) For an additional amount for Acquisition, Construction, and Improvements for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That notwithstanding the transfer limitation contained in section 503 of division D of Public Law 112–74 , such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section: Provided further , That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this Act. Federal Emergency Management Agency Disaster relief fund (Including transfer of funds) For an additional amount for the Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) that is in excess of $1,000,000, the specifics of each such grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this Act, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this Act, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 . Science and Technology Research, development, acquisition, and operations For an additional amount for Research, Development, Acquisition, and Operations , for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Domestic Nuclear Detection Office Systems acquisition For an additional amount for Systems Acquisition , for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provision—This Title 401. Funds made available by Public Law 109–88 for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy. V Department of the Interior Fish and wildlife service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National park service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of safety and environmental enforcement Oil spill research For an additional amount for Oil Spill Research for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 Act may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agencies Social Security Administration Limitation on Administrative Expenses (including transfer of funds) For an additional amount for ‘‘Limitation on Administrative Expenses”, $2,000,000, for expenses directly related to Hurricane Sandy, which shall be derived from the unobligated balances that remain available under such heading for the Social Security Administration for information technology and telecommunications hardware and software infrastructure: Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 Act shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further , That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Veterans Affairs Veterans Health Administration Medical Services For an additional amount for Medical Services for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Medical Facilities For an additional amount for “Medical Facilities” for necessary expenses related to the consequences of Hurricane Sandy, $6,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Cemetery Administration For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Departmental Administration Information Technology Systems For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction, Major Projects For an additional amount for “Construction, Major Projects”, $207,000,000, to remain available until September 30, 2017, for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided , That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VIII Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $14,600,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Operating subsidy grants to the national railroad passenger corporation For an additional amount for Operating Subsidy Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy: Provided , That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this Act: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose: Provided further, That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfer of funds) For an additional amount for Community Development Fund , $3,850,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided , That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development: Provided further, That within 60 days after the enactment of this Act, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data: Provided further, That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall, by notice issued within 45 days of enactment of this Act, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a grantee may use up to 5 percent of its overall allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or this heading: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under sections 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ): Provided further, That, notwithstanding section 104(g)(2) of such Act ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision—department of housing and urban development 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. IX general provisions—this act 901. Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 902. Each amount designated in this Act 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. 903. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 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 Act. (2) Not later than June 30, 2013, the Government Accountability Office shall report to the Committees on Appropriations of the House of Representatives and the Senate on the effectiveness of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this Act shall be deemed to be susceptible to significant improper payments for purposes of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this Act shall be expended by the grantees within the 24-month period following the agency’s obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. (d) Through September 30, 2015, the Recovery Accountability and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated in this or any other Act for any fiscal year of such period for purposes related to the impact of Hurricane Sandy: Provided , That the Board shall coordinate its oversight efforts with the Director of OMB, the head of each Federal agency receiving appropriations related to the impact of Hurricane Sandy, and the respective Inspector General of each such agency: Provided further , That the Board shall submit quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on its activities related to funds appropriated for the impact of Hurricane Sandy. This Act may be cited as the Disaster Relief Appropriations Act, 2013 . |
113-hr-152-pcs-dtd | 113-hr-152 | 113 | hr | 152 | pcs | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr152pcs.xml | BILLS-113hr152pcs.xml | 2023-01-08 17:42:51.228 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Placed-on-Calendar-Senate" bill-type="appropriations" dms-id="H3C2911A75FD943C1B3C974CB348D31DF" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 152 PCS: Disaster Relief Appropriations Act, 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-28
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
II
</distribution-code>
<calendar>
Calendar No. 2
</calendar>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 152
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED STATES
</current-chamber>
<action>
<action-date date="20130122" legis-day="20130103">
January 22 (legislative day, January 3), 2013
</action-date>
<action-desc>
Received; read the first time
</action-desc>
</action>
<action>
<action-date date="20130128">
January 28, 2013
</action-date>
<action-desc>
Read the second time and placed on the calendar
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
</official-title>
</form>
<legis-body id="HB8F4054A4F8A46F99F24F493E94168A5" style="appropriations">
<section display-inline="yes-display-inline" id="H49AD327E861546D789741BF92FA82530" section-type="undesignated-section">
<text display-inline="yes-display-inline">
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:
</text>
</section>
<division id="H196FE2D9157A4D7B9B740B9FCA4C9962">
<enum>
A
</enum>
<header>
disaster relief appropriations act, 2013
</header>
<title id="H25BF8B7C9245436C8469FFD3CEB119D9">
<enum>
I
</enum>
<appropriations-major id="H91817D5FB7A14B769AF0B04271380E23">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-major id="H074F57CDFDAB412A8B2486695B4952BA">
<header>
domestic food programs
</header>
</appropriations-major>
<appropriations-intermediate id="H57141F66795B49459C59F21898E62A18">
<header>
food and nutrition service
</header>
</appropriations-intermediate>
<appropriations-small id="H6D9CF3CF6141462B88F5E73D7A8C9F8A">
<header>
commodity assistance program
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Commodity Assistance Program
</quote>
for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2036">
7 U.S.C. 2036(a)
</external-xref>
) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508(a)(1)
</external-xref>
), $6,000,000:
<italic>
Provided
</italic>
, That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508
</external-xref>
, 7515):
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC7BF7BCDFE1142DCAE6605DE7BD875C8">
<enum>
II
</enum>
<appropriations-major id="HD2776ECA4044417AABA3ED3C242C64B0">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H11DCF7E259F041E0AEC05E9275A06973">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H909C1EE5E9824767B7F8E958D1402D4B">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H223C585834E7493684ADE04AFCF7C3DE">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H5434002D1E3A4B35B43B08AE0C7BA89C">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H81A2BA922FCA47DB8487DF1C999F3538">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HF20508E0338847788FB9AAFAD3F6C46E">
<enum>
III
</enum>
<appropriations-intermediate id="HC76AA816293944349606C51FFAA3A0DA">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HEBEE3AFD49E84B4288F21D32988B2F8D">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
, $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:
<italic>
Provided,
</italic>
That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H9FAF4C55B92F4E6AB3875EB3624ECED8">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H41E615144A824FA89C0C3CBD7F83AD91">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="HC4922E52208B4F2AAE7E1511B0E51E28">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="H9562DF6AC0EC42B6964B58CAF34B99BF">
<enum>
IV
</enum>
<appropriations-major id="H4A37EF7F83DF4AFF8E0C1F4F142581FD">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HA9C9BA44D0764CDABD89D5629447AC1C">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H67D03C6D5CA1423A8A5DAA15375DE459">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HE49FF74F20FA4D41B4F36294436FA562">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Acquisition, Construction, and Improvements
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding the transfer limitation contained in section 503 of division D of
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
, such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section:
<italic>
Provided further
</italic>
, That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division.
</text>
</appropriations-small>
<appropriations-intermediate id="H50BBEDE08FFA453D895A4C4BB0AC8782">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="HFB008301487A462BA0C870086EDEC9F3">
<header>
Disaster relief fund
</header>
</appropriations-small>
<appropriations-small id="H14D46733CAD744719BE855CE83E0D158">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters:
<italic>
Provided
</italic>
, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further,
</italic>
That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) that is in excess of $1,000,000, the specifics of each such grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
.
</text>
</appropriations-small>
<appropriations-intermediate id="H1DC59A2D45A047A1A371434994D61DAD">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H3D0107A33FB24E22B816564587E125DA">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Research, Development, Acquisition, and Operations
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H6675C0CD973E4D02AAEC84CB213F0A2B">
<header>
Domestic Nuclear Detection Office
</header>
</appropriations-intermediate>
<appropriations-small id="HC23F26FE18CE4B629B9B52156CD8D97A">
<header>
Systems acquisition
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Systems Acquisition
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HFF887362A4384834B0D485A4EE133C70">
<header>
General Provision—This Title
</header>
</appropriations-intermediate>
<section id="HFA18DFE829AA42E9BF4879AAAA0B4A12">
<enum>
401.
</enum>
<text display-inline="yes-display-inline">
Funds made available by
<external-xref legal-doc="public-law" parsable-cite="pl/109/88">
Public Law 109–88
</external-xref>
for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy.
</text>
</section>
</title>
<title id="HD20B158DFC5748AEB058412A6928F054">
<enum>
V
</enum>
<appropriations-major id="H7D129F45F47A4AF29180FFC670CD281D">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC58B2C1264184FCAB181D8E703167958">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="H51E9A973C26C4F919930223BDFFB0CE4">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H4CA1E9D443844840B22DCDE747616FF1">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3717906F1AA645CE8C53A0A54D4193D3">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA70174F2640B43628352B7A584BC11E5">
<header>
Bureau of safety and environmental enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H343BE13778414CAA95D8D9B890F1BDE2">
<header>
Oil spill research
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Oil Spill Research
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HCA6283F8776C4D2491FD56F9C1D0D01A">
<enum>
VI
</enum>
<appropriations-major id="H5CF0AF02345C43C494CFDA5E46423DB6">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="HE8779640EA91453290E61D7A873DA5CD">
<header>
office of the secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HB784B982F4A64951BD82E9ABBA6A660E">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="H3CBDF3E4C63B47629881F12AE1C5BF3B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H33364EFA9DBD424B877DB83229B787D3">
<header>
related agencies
</header>
</appropriations-major>
<appropriations-intermediate id="HEEE4AC8187914206BCCBCFD51B52DEA5">
<header>
Social Security Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H1FEBB8F0C65D43F995CD0EBCF48717A3">
<header>
Limitation on Administrative Expenses
</header>
</appropriations-small>
<appropriations-small id="H77C130B9B07B4883934602FDB49E5269">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HA9D5482E2CD34D35A5563BB8B37FBF3A">
<enum>
VII
</enum>
<appropriations-major id="HB8D4C258DC474EEAB47510B0E3460BB8">
<header>
department of defense
</header>
</appropriations-major>
<appropriations-major id="H4C508DBC2E804E458C37D45B6EC9EE02">
<header>
military construction
</header>
</appropriations-major>
<appropriations-intermediate id="HADCA4C5BD8814D9C8BE1486E8083DE4B">
<header>
Military Construction, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Military Construction, Army National Guard
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="H73325365178A408DA47737F5205C0CC3">
<header>
Department of Veterans Affairs
</header>
</appropriations-major>
<appropriations-intermediate id="H57ADD86426C044B89D9A7E4DFC896384">
<header>
Veterans Health Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H0F7D02FCE3184ACC94D087872D9C6290">
<header>
Medical Services
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Medical Services
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="HA9D6BBD10DDB4E1686EFDB69E31C1601">
<header>
Medical Facilities
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H995C9BC51E274FC092B744790D9577AE">
<header>
National Cemetery Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E117126D9B64403AABD5A8744685F37">
<text display-inline="no-display-inline">
For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H72CA79536FF744318691049B9A3125D7">
<header>
Departmental Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H18FF97AD92834B2B84BE070BD482A22C">
<header>
Information Technology Systems
</header>
<text display-inline="no-display-inline">
For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H62A2982611D847FCB06769560FF8A7E2">
<header>
Construction, Major Projects
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC93F918CD9DF4D1E852FEBDA5CEF2FB3">
<enum>
VIII
</enum>
<appropriations-major id="HBB478BE03C5549C8BDCC046823D60EC7">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HB8DB96A724F14410B0D3E3006325AE16">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HAA27E79396B64BB2ADA7A84E1E21D86A">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H2B927335F063425897CDADDE4619414B">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
<italic>
,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF5541334D2014153916DAA9E05EBA431">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7BFC559101F14256B0EC2A466DE7C119">
<header>
Operating subsidy grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operating Subsidy Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H04273A3E76EF4AE587F5406902A0BAE0">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H80F8489AD49A424BA4A98856C3A6CB7C">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="HF37E958C31B94FCDB401C7C3CCB10559">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy:
<italic>
Provided
</italic>
, That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H4F67F1420797473EBF9E4AEB3E171A26">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="HD8F3EEC985C54DD1AF091BBEDEB39A12">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="H110EF76689CC4171AD2EBDA8B2466EA1">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="H44DD6893C0AD43ABB3BB23B1A7D756F6">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided
</italic>
, That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data:
<italic>
Provided further,
</italic>
That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further
</italic>
, That a grantee may use up to 5 percent of its overall allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
) or this heading:
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(1)
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H61E3577340164628A452A557EE8EF79C">
<header>
Administrative provision—Department of housing and urban development
</header>
</appropriations-intermediate>
<section id="H7C1A5A05A3314635B83A5DEECF16B8F9">
<enum>
801.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
</title>
<title id="HDF8EF567C3D54A2A8BD4BBC7D066D76B">
<enum>
IX
</enum>
<header display-inline="no-display-inline">
general provisions—this division
</header>
<section id="HAA5B9F45B5D14A6DA3811FCC2C517FD4">
<enum>
901.
</enum>
<text display-inline="yes-display-inline">
Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved.
</text>
</section>
<section id="H9DA3B3FB557D4C0DBEE272DF1240F0DC">
<enum>
902.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="H5BA4C321BAE24622A3562900D39C6736">
<enum>
903.
</enum>
<text display-inline="yes-display-inline">
No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
</text>
</section>
<section id="H1556D2C08C224E439621B44026083FB7">
<enum>
904.
</enum>
<subsection display-inline="yes-display-inline" id="H722A2568A15941E29CCA29C586A2D7AD">
<enum>
(a)
</enum>
<paragraph display-inline="yes-display-inline" id="HAE298732A4D64FA992495F9D1DE332F6">
<enum>
(1)
</enum>
<text>
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
<quote>
OMB
</quote>
), 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.
</text>
</paragraph>
<paragraph id="HAAD3208E05C849C1BE31E03995A38F02" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</paragraph>
</subsection>
<subsection id="HE640E5356B4A4804B5D7E25F876AF203">
<enum>
(b)
</enum>
<text display-inline="yes-display-inline">
All programs and activities receiving funds under this division shall be deemed to be
<quote>
susceptible to significant improper payments
</quote>
for purposes of the Improper Payments Information Act of 2002 (
<external-xref legal-doc="usc" parsable-cite="usc/31/3321">
31 U.S.C. 3321
</external-xref>
note), notwithstanding section 2(a) of such Act.
</text>
</subsection>
<subsection id="HF128A41E9E214F82AD034A52071AC6EE">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HE97343CBE6504C8FAEB1F9BA4C2E4BE9">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H2D967B81D81549ACAC9E2DDD052D71CB" section-type="undesignated-section"/>
</title>
<title id="H223245FC568D4CE794DADA78DA6D074C">
<enum>
X
</enum>
<header display-inline="no-display-inline">
Additional Disaster Assistance
</header>
<chapter id="H55D6752ACE6444C18726E97A83AC23EA">
<enum>
1
</enum>
<appropriations-major id="H03B19368978C41F9BC6E452F32F37504">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-intermediate id="HF74EEEEC01F845B6B2218C0BB8A12E50">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HA5046D31658A4D6EA02E7B132153AEEA">
<header>
Emergency conservation activities
</header>
</appropriations-small>
<appropriations-small id="H3988D7B3EA4C4D5EBCAD9F0A224F0C60">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201 et seq.
</external-xref>
) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201
</external-xref>
, 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2203">
16 U.S.C. 2203
</external-xref>
), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2206">
16 U.S.C. 2206
</external-xref>
):
<italic>
Provided
</italic>
, That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="H78B1BC98774F44D8BEE08A651AD80D59">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6A334A7B9F854F73B45EC16FF83E4549">
<enum>
1011.
</enum>
<text display-inline="yes-display-inline">
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
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">
Public Law 110–329
</external-xref>
(122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities.
</text>
</section>
</chapter>
<chapter id="H46D005FFD87442EF8C12C9FC3EC02678">
<enum>
2
</enum>
<appropriations-major id="H86853230ABEB4F809A46EA2F1814F783">
<header>
Department of Commerce
</header>
</appropriations-major>
<appropriations-intermediate id="H0152756A3E5045AF8D5351CB0CBA9E91">
<header>
National Oceanic and Atmospheric Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7CD3DCA3EA744EC1B223AEDF8627FB2B">
<header>
Operations, research, and facilities
</header>
</appropriations-small>
<appropriations-small id="H2F3170AF402B406993CFC4FD09650718">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operations, Research, and Facilities
</quote>
, $290,000,000 (reduced by $150,000,000) to remain available until September 30, 2014, as follows:
</text>
<paragraph id="H62D676C75A164CA99D0F518178DF1725">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="H4D2D0274BAD54180B07CC7A09E99A4AF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HF610D88566564F6CB8BC1C61D25ED7FA">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0A0A9C50D7A4B7894860E813F232DD4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites;
</text>
</paragraph>
<paragraph id="H5D4C3686AB1B4AF5A305CABD473747B3">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and
</text>
</paragraph>
<paragraph id="H8A347522C96946AD8743E6087A0653FF">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
$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:
</text>
<continuation-text indent="flush-left">
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-small id="HEE7230E268B94DC09BB76E22E1F93527">
<header>
Procurement, acquisition and construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement, Acquisition and Construction
</quote>
, $186,000,000, to remain available until September 30, 2015, as follows:
</text>
<paragraph id="H615F2E6C3DA748BE93330D1DD44DE175">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0D7386233F9496A90DBA4BC8A3560E1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft;
</text>
</paragraph>
<paragraph id="HF3A04B8145734C0D8923BD7724420AA2">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure;
</text>
</paragraph>
<paragraph id="HDB5BBBF283014A8599CD9F3E6C98AD76">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$13,000,000 to accelerate the National Weather Service ground readiness project; and
</text>
</paragraph>
<paragraph id="H4BCED087CC884DD5B007DFA77874329F">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$111,000,000 for a weather satellite data mitigation gap reserve fund:
</text>
<continuation-text>
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-major id="HA719F997E72F47BDB120AAA9BA318D70">
<header>
Department of Justice
</header>
</appropriations-major>
<appropriations-intermediate id="HF7787B2DBC28440BB7A10B6C6098E650">
<header>
Federal Bureau of Investigation
</header>
</appropriations-intermediate>
<appropriations-small id="H0380F4A2C429408BA5B7FB08BBBCF719">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,020,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H8DA880725B8948D2839BE40C77909786">
<header>
Drug Enforcement Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E68FB7FE2CD4394B3E5101A8FA21D44">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HDC4012F07AB94A20A04B78BC1089F941">
<header>
Bureau of Alcohol, Tobacco, Firearms and Explosives
</header>
</appropriations-intermediate>
<appropriations-small id="H3C09EC5CD9144619974E59E36AC0793F">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $230,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63852E99310B49C5AA41546E9D04C460">
<header>
Federal Prison System
</header>
</appropriations-intermediate>
<appropriations-small id="H1D73997A30254BABB8BF97DFF55923DA">
<header>
Buildings and facilities
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Buildings and Facilities
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HEBCF7DEA8EEC4EF2A49FD62DDF99D8EC">
<header>
Science
</header>
</appropriations-major>
<appropriations-intermediate id="H01E7145564D1499881C91479A6CD2B75">
<header>
National Aeronautics and Space Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H6ECD614678BE493BA6010AD18131366D">
<header>
Construction and environmental compliance and restoration
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction and Environmental Compliance and Restoration
</quote>
for repair at National Aeronautics and Space Administration facilities damaged by Hurricane Sandy, $15,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HB0DC2F9B20DE45869C793CE03564DA48">
<header>
Related Agencies
</header>
</appropriations-major>
<appropriations-intermediate id="H12112EEADBA4477993FA576B2A43FF06">
<header>
Legal Services Corporation
</header>
</appropriations-intermediate>
<appropriations-small id="H800AA20071D54F05A661CD79ED9E91D8">
<header>
Payment to the legal services corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Payment to the Legal Services Corporation
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
, and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">
Public Law 104–134
</external-xref>
(referenced by
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
) shall not apply to the amount made available under this heading:
<italic>
Provided further
</italic>
, That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government.
</text>
</appropriations-small>
</chapter>
<chapter id="HE731B1B2116B447C87A7CACDBAAF99A4">
<enum>
3
</enum>
<appropriations-major id="H88011C20653D42098DF6F24DA5B52DE6">
<header>
Department of defense
</header>
</appropriations-major>
<appropriations-major id="H6F4E8453C4144809ACA00221FCBAB273">
<header>
Department of defense—military
</header>
</appropriations-major>
<appropriations-major id="H7330D78854B449FD98B03B01F8D6B442">
<header>
OPERATION AND MAINTENANCE
</header>
</appropriations-major>
<appropriations-intermediate id="HA979485F004E4B898642ECA135DD0BF8">
<header>
Operation and Maintenance, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army
</quote>
, $5,370,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H5ECF63BA2D694F739FA37DCC94FE917C">
<header>
Operation and Maintenance, Navy
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Navy
</quote>
, $40,015,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H6B9A12097790448CB0ABD15A7A502A37">
<header>
Operation and Maintenance, Air Force
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air Force
</quote>
, $8,500,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HF8214F510E514408AB47EBF652CED114">
<header>
Operation and Maintenance, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army National Guard
</quote>
, $3,165,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HCDEA0971A9264E4A8179126F1FDCACB4">
<header>
Operation and Maintenance, Air National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air National Guard
</quote>
, $5,775,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="HB64AC289F8954E338106A981BE91F3B7">
<header>
PROCUREMENT
</header>
</appropriations-major>
<appropriations-intermediate id="HD1078357EB2F4D71A55BB4311FB19AE6">
<header>
Procurement of Ammunition, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement of Ammunition, Army
</quote>
, $1,310,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="H79222537C75143F9A2453F186919FF93">
<header>
REVOLVING AND MANAGEMENT FUNDS
</header>
</appropriations-major>
<appropriations-intermediate id="H7D38D45956CF4370954E9775F9FF0383">
<header>
Defense Working Capital Funds
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Defense Working Capital Funds
</quote>
, $24,200,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
</chapter>
<chapter id="HC215203D71AA472CBCFE1F9EDE7984B2">
<enum>
4
</enum>
<appropriations-major id="H7D0F46CB73134499B0BD843453B0A347">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H0BCC78C7011F412889A3981E44789421">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H6DD5A68A518A4EB4937536D1C8ED8B59">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That a final report shall be submitted to the appropriate congressional committees within 24 months of the date of enactment of this division:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H74675EF9856D4678924A8F4C5C497634">
<header>
Construction
</header>
</appropriations-small>
<appropriations-small id="H8C0F2E4832764610BE3869CEE75EEC72">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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
<quote>
Investigations
</quote>
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
<quote>
Investigations
</quote>
to be submitted not later than May 1, 2013:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the completion of ongoing construction projects receiving funds provided by this division shall be at full Federal expense with respect to such funds:
<italic>
Provided further,
</italic>
That the non-Federal cash contribution for projects using these funds shall be financed in accordance with the provisions of section 103(k) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/662">
Public Law 99–662
</external-xref>
over a period of 30 years from the date of completion of the project or separable element:
<italic>
Provided further,
</italic>
That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds:
<italic>
Provided further,
</italic>
That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps:
<italic>
Provided further,
</italic>
That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy:
<italic>
Provided further,
</italic>
That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors:
<italic>
Provided further,
</italic>
That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division.
</text>
</appropriations-small>
<appropriations-small id="H0B0A8C4907634D149047F502118F302A">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H16DCC86B038F4413AD70B24DEC5B26F0">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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
<quote>
Investigations
</quote>
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:
<italic>
Provided further,
</italic>
That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to funds provided under this heading:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H6F15094BE15B40AC86C81345B2216B80">
<header>
Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Expenses
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H40260B604BCA4A85B28C132D6045667B">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6FFCE76F28F94AC891215F44E5E80167">
<enum>
1041.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title II of this division, and such title shall have no force or effect.
</text>
</section>
</chapter>
<chapter id="H512DA05475C04415864019FCEF796E29">
<enum>
5
</enum>
<appropriations-intermediate id="H2EF5416D43A245A08EF3C40CD11772AF">
<header>
General Services Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HCC3FBDA6FF8C44A480F14F9821182A22">
<header>
Real property Activities
</header>
</appropriations-small>
<appropriations-small id="HF3F05AE8D6C4410089542B0B0FCCE73F">
<header>
Federal buildings fund
</header>
</appropriations-small>
<appropriations-small id="H1483F5B5F1804DDABB0643A298683E72" indent="flush-left">
<text display-inline="no-display-inline">
For an additional amount to be deposited in the
<quote>
Federal Buildings Fund
</quote>
, $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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HBA293E103F9443898AB6F8B1D6FD430B">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H037A40157F004E4B8E08A517F655EC6B">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title III of this division shall be applied by substituting
<quote>
$20,000,000
</quote>
for
<quote>
$10,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-small id="HC2574CEB70454182B1C6EA4A75254151">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
, $5,000,000, to remain available until expended:
<italic>
Provided,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H07CEBA3A92B34E86AEF7E1A19E631932">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="H23759D8594DC4D1C98544B0A77715807">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Loans Program Account
</quote>
for the cost of direct loans authorized by section 7(b) of the Small Business Act, $520,000,000, to remain available until expended:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H58020E9E6FD14BB6898A0AF9830AA3BE">
<enum>
6
</enum>
<appropriations-major id="HE61D68C60C23490A967949A9F9854104">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HC3C79F9318CB44139ECA747238BA4536">
<header>
United States Customs and Border Protection
</header>
</appropriations-intermediate>
<appropriations-small id="H62046856413F42DEAB6030CC84236D93">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,667,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF4091D5E439B4AA9896FD3FDDEDE38CB">
<header>
United States Immigration and Customs Enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H9A387D0B382D4A85B103F7C72DD85BFE">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $855,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H543B866123D545028445B37EB3017AD0">
<header>
United States Secret Service
</header>
</appropriations-intermediate>
<appropriations-small id="H31EFACCE21F04EA3B3783D26D2051867">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $300,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63047A226A9B41F5B91AF1EDCB784A4E">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H4A663E4A55FB47C09D6092D72D3DEDB5">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HFB69119601244585A43592275420B3F7">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$274,233,000
</quote>
for
<quote>
$143,899,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HE01FA2D4FDC64AF09226B027FEEE954A">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="H33569716BEA2431AAD646DD0A6AF8F69">
<header>
Disaster Relief Fund
</header>
</appropriations-small>
<appropriations-small id="H63C6DDC268394BDDB13ABD1CBC1098FF">
<header>
(Including Transfer of Funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $11,487,735,000, to remain available until expended:
<italic>
Provided
</italic>
, That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further
</italic>
, That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security
<quote>
Office of Inspector General
</quote>
for audits and investigations related to disasters;
<italic>
Provided further
</italic>
, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) the specifics of the grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
:
<italic>
Provided further
</italic>
, That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect.
</text>
</appropriations-small>
<appropriations-small id="HF5803F85F5D14FF99C6BA3F3A8D33529">
<header>
Disaster Assistance Direct Loan Program Account
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Assistance Direct Loan Program Account
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further
</italic>
, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000:
<italic>
Provided further
</italic>
, That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H8E352D41F5AB43B7BDBD20F0100F7ED4">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H9886EDFA4AC64BD9A45F108EFC1CB875">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$3,249,000
</quote>
and
<quote>
September 30, 2014
</quote>
for
<quote>
$585,000
</quote>
and
<quote>
September 30, 2013
</quote>
, respectively.
</text>
</appropriations-small>
</chapter>
<chapter id="HEA73E9277FFC487892907A7598364924">
<enum>
7
</enum>
<appropriations-major id="H7EC6FE750F7642E2891303AFBE95C6B7">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC932844BEEF1484C9A16DAE260C42CE5">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="HDF151275934D4580A7BEB6D482852E36">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$78,000,000 (reduced by $9,800,000)
</quote>
for
<quote>
$49,875,000
</quote>
:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA6AFF81DF4F246049383B0F2595BD837">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3E247EFD2D374D42A2EA93EC02646DD0">
<header>
historic preservation fund
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Historic Preservation Fund
</quote>
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:
<italic>
Provided
</italic>
, 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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That individual grants shall not be subject to a non-Federal matching requirement:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H7A59C0BC1FC845FEA8478669AFD99159">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$348,000,000
</quote>
for
<quote>
$234,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HCA33D334B625478AB11FCF768ACA016C">
<header>
Departmental Operations
</header>
</appropriations-intermediate>
<appropriations-small id="HC7BA8D0EE9614ED5A891A0FD7FEF0788">
<header>
office of the secretary
</header>
</appropriations-small>
<appropriations-small id="H25B26E1207674F3BA2AF03BB7D00A14B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Departmental Operations
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HCEE99954A45A4B44BA76979B3DED2862">
<header>
ENVIRONMENTAL PROTECTION AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="H4ADBAB6543ED4584ADC9C59F85B182A2">
<header>
Environmental Programs and Management
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Environmental Programs and Management
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $725,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H92A7145BD89D4E33BD180F8C9B959ACC">
<header>
Hazardous Substance Superfund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Hazardous Substance Superfund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H7E8201BAF40946DDB9F3103596B3960A">
<header>
Leaking Underground Storage Tank Fund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Leaking Underground Storage Tank Fund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $5,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HA022ADCE49E64FAA8099CC4A5D8362D5">
<header>
State and Tribal Assistance Grants
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
State and Tribal Assistance Grants
</quote>
, $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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="HD39E8159CF204A469C94C18AD179E9BE">
<header>
RELATED AGENCIES
</header>
</appropriations-major>
<appropriations-major id="HD117ED3F8DA84679B839A09BE74D25E2">
<header>
DEPARTMENT OF AGRICULTURE
</header>
</appropriations-major>
<appropriations-intermediate id="HF013EE83C4784133B5671FFA63CA25B0">
<header>
Forest Service
</header>
</appropriations-intermediate>
<appropriations-small id="HC90A7C3FBB5D408F982167D2CE8EFA36">
<header>
capital improvement and maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Capital Improvement and Maintenance
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $4,400,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HE7B5421458904D588AF3055D9D970A72">
<header>
OTHER RELATED AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="HFC2874F0BF624C5098C0EE508040FDD6">
<header>
Smithsonian Institution
</header>
</appropriations-intermediate>
<appropriations-small id="H269ACF2E3BCB4D6DA49D71E01F1FDF3C">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H91C85005AAE14661A75159CFF74BED05">
<enum>
8
</enum>
<appropriations-major id="H0C8E2216D72C4F37A2B8E3B78C491A21">
<header>
Department of Labor
</header>
</appropriations-major>
<appropriations-intermediate id="HBEE52331CBB64822B03445DD40EF0AF9">
<header>
Employment and Training Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8E716AFBE6D74F4FB4299B087EF6F9FC">
<header>
training and employment services
</header>
</appropriations-small>
<appropriations-small id="HBBE7A1AB59AD47EF948BFF80C3C3F89D">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Training and Employment Services
</quote>
, $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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HEB8234BC6F2E4F19A1BA1615E653AC56">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="H83C4CC653D0242AB96ABB271760A1C70">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HE1E14E47FF284EB285F09C2072156BBF">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="HB3BFC13912DE4E55AE3B01D8D9F8BDA1">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
That $100,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein:
<italic>
Provided further,
</italic>
That $500,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
That section 2002(c) of the Social Security Act shall be applied to funds appropriated in the preceding proviso by substituting
<quote>
succeeding 2 fiscal years
</quote>
for
<quote>
succeeding fiscal year
</quote>
:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="HA7E6F99350374F1AA9C25A20A488809A">
<enum>
9
</enum>
<appropriations-major id="HF91FA3CB4B054E5A83EBC7247BD39476">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HC2185B79103C4E67BAC9D727FF4AD7D2">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HE479E26904414398BE65020FC40BDE74">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H34DC5C9C5F9747F79D27878D86F69183">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H7515C63D9251454B8B4A921046E20699">
<header>
Federal highway administration
</header>
</appropriations-intermediate>
<appropriations-small id="H73846A339B5D4069A97E87B480BE6EFE">
<header>
Federal-aid highways
</header>
</appropriations-small>
<appropriations-small id="H87A872FC35CC4D72A76E8DF5C95DB2F7">
<header>
Emergency relief program
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/23/125">
section 125
</external-xref>
of title 23, United States Code, $2,022,000,000, to remain available until expended:
<italic>
Provided
</italic>
, That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000:
<italic>
Provided further,
</italic>
That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy:
<italic>
Provided further,
</italic>
That no funds provided in this division shall be used for section 125(g) of such title:
<italic>
Provided further,
</italic>
That the amount provided 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HEBBA484EE0D44ABA9F2FFA7D0578F550">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="HB2A1EB88A4B048F5908C31A15BF3A949">
<header>
Grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided
</italic>
, That none of the funds may be used to subsidize operating losses of the Corporation:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H878BD414A4604F0ABB91C1A7285ED7BD">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8D9F10038C5B4780BFB3AF828B78E5E4">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="H920270E9F5974EC1A5642940E3F10C22">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy:
<italic>
Provided,
</italic>
That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy:
<italic>
Provided further,
</italic>
That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer:
<italic>
Provided further,
</italic>
That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HDDA80CD6789C4CACA776FB341DAA8DC3">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="H65D991CE99794F489D7FC2EFA93B9E48">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="HA03D569E1CD344FEB6B716FBBC8EFF8E">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="HC0CF575DEC1548FDB635AA40A4556075">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided,
</italic>
That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data:
<italic>
Provided further,
</italic>
That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division:
<italic>
Provided further,
</italic>
That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further,
</italic>
That a grantee may use up to 5 percent of its allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit:
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-major id="HB82FCD91F39F497984216FB623EF4FA0">
<header>
General provisions—This chapter
</header>
</appropriations-major>
<section id="H0A495994A4BF4B7BB2D24D78506936CF">
<enum>
1091.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
<section id="H441A67C2948E42869126083144F53E25">
<enum>
1092.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HD67305C013944E87B93220E0D7310242">
<enum>
1093.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HA64ACAE827354C8393E7918421B96EB5">
<enum>
1094.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect.
</text>
</section>
<section id="H0651DFF3542043518D63D82075F7CBCA">
<enum>
1095.
</enum>
<text display-inline="yes-display-inline">
The amounts otherwise provided by this division are revised by reducing the amount made available for
<quote>
Small Business Administration—Disaster Loans Program Account
</quote>
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
<quote>
Department of Veterans Affairs—National Cemetery Administration
</quote>
, by $1,000,000.
</text>
</section>
<section id="H0F6ECF1700B14158B9BA492540821A51">
<enum>
1096.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HB2D3592E192D42AF9D104D76499CA309" section-type="undesignated-section">
<text display-inline="yes-display-inline">
This division may be cited as the
<quote>
<short-title>
Disaster Relief Appropriations Act, 2013
</short-title>
</quote>
.
</text>
</section>
</chapter>
</title>
</division>
<division id="H4097DCA653764DD3B4CD16F1ED018DF8" style="OLC">
<enum>
B
</enum>
<header>
Sandy Recovery Improvement Act of 2013
</header>
<section id="H842B8D956740491A88400A28FC27E66C" section-type="subsequent-section">
<enum>
1101.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="H1B5510387BDD4F67832BEA56ACD34461">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This division may be cited as the
<quote>
<short-title>
Sandy Recovery Improvement Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H6073CFC81A2A453CB38FA7C5967CD262">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this division is as follows:
</text>
<toc container-level="division-container" idref="H4097DCA653764DD3B4CD16F1ED018DF8" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H842B8D956740491A88400A28FC27E66C" level="section">
Sec. 1101. Short title; table of contents.
</toc-entry>
<toc-entry idref="H3C061263A58C46AEBFEB552FB76E5CFB" level="section">
Sec. 1102. Public assistance program alternative procedures.
</toc-entry>
<toc-entry idref="H43CAA50D23EC46BDBE994A5F6B01CC1D" level="section">
Sec. 1103. Federal assistance to individuals and households.
</toc-entry>
<toc-entry idref="H61EE08509DDC49F2A825CF7669EFF977" level="section">
Sec. 1104. Hazard mitigation.
</toc-entry>
<toc-entry idref="H5053AB56AF0B41099A67F52C71F70391" level="section">
Sec. 1105. Dispute resolution pilot program.
</toc-entry>
<toc-entry idref="HB641C978B915409087DC39D7D55E8C86" level="section">
Sec. 1106. Unified Federal review.
</toc-entry>
<toc-entry idref="H9DDC8EEC1201402DB2EC5852B06F716B" level="section">
Sec. 1107. Simplified procedures.
</toc-entry>
<toc-entry idref="H6A10C3C7039F46C3AC42D657394C5F06" level="section">
Sec. 1108. Essential assistance.
</toc-entry>
<toc-entry idref="H3B386FB8844341238A880F490E8D1398" level="section">
Sec. 1109. Individual assistance factors.
</toc-entry>
<toc-entry idref="H5ADC21B8762E4630BED3E88BBA179943" level="section">
Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act.
</toc-entry>
<toc-entry idref="H333DD6B480B5432B9BEEE07B6A0299F7" level="section">
Sec. 1111. Recommendations for reducing costs of future disasters.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H3C061263A58C46AEBFEB552FB76E5CFB">
<enum>
1102.
</enum>
<header>
Public assistance program alternative procedures
</header>
<text display-inline="no-display-inline">
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H7FA277BB87DE4B8B84D2C8DAD95DC368">
<enum>
(1)
</enum>
<text>
by redesignating the second section 425 (relating to essential service providers) as section 427; and
</text>
</paragraph>
<paragraph id="H30A2F458A4534A658BCF439957F67C7D">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1DAC8718A0704873964C578925AC05C8" style="OLC">
<section id="H329C4461DF234752A04863592E90FF6E">
<enum>
428.
</enum>
<header>
Public assistance program alternative procedures
</header>
<subsection id="H467AF72962594222BD966A338F023565">
<enum>
(a)
</enum>
<header>
Approval of projects
</header>
<text>
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.
</text>
</subsection>
<subsection id="H3384FB80A99448D6A470F973B4C8FC0F">
<enum>
(b)
</enum>
<header>
Adoption
</header>
<text>
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).
</text>
</subsection>
<subsection id="H545B8BCB9DA74248B9D2F1B1821A67C4">
<enum>
(c)
</enum>
<header>
Goals of procedures
</header>
<text>
The alternative procedures adopted under subsection (a) shall further the goals of—
</text>
<paragraph id="HE457CBD0EE5243E181EF88661795B2E0">
<enum>
(1)
</enum>
<text>
reducing the costs to the Federal Government of providing such assistance;
</text>
</paragraph>
<paragraph id="H7D4A3FD9802842828555C07734414D5B">
<enum>
(2)
</enum>
<text>
increasing flexibility in the administration of such assistance;
</text>
</paragraph>
<paragraph id="HE6E5CA81B9D44C07B723B03B716E0E51">
<enum>
(3)
</enum>
<text>
expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and
</text>
</paragraph>
<paragraph id="HECD24553B40E4AB292CA233103F5A66D">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H39373803E5C7456B8CB0AFD7A4D5B1F4">
<enum>
(d)
</enum>
<header>
Participation
</header>
<text>
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.
</text>
</subsection>
<subsection id="H800309C1B96E4EB89483305C4FFF68EB">
<enum>
(e)
</enum>
<header>
Minimum procedures
</header>
<text display-inline="yes-display-inline">
The alternative procedures adopted under this section shall include the following:
</text>
<paragraph id="H95704987961B4C31AE05668B9683296C">
<enum>
(1)
</enum>
<text>
For repair, restoration, and replacement of damaged facilities under section 406—
</text>
<subparagraph id="H4361F0A7D6FE4DEB9A83AE7EA73ACBB2">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H4D15B4E1461045F3B006C3D637ED53F6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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—
</text>
<clause id="HB74C232FB26549C5BBE43FA25EDBA126">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HA5736B951CE84800A73845B10B23B91D">
<enum>
(ii)
</enum>
<text>
management expenses;
</text>
</clause>
</subparagraph>
<subparagraph id="HD9B410F330AB4360ABD3CEF84C82737D">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H31937BEF3FAC4CC5BE98983DD1AD662D">
<enum>
(D)
</enum>
<text>
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—
</text>
<clause id="HCFF46DAD5E344FA692AD3FF6435500D0">
<enum>
(i)
</enum>
<text>
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
</text>
</clause>
<clause id="H58A42479937E4DCBBA56D44DFC88598B">
<enum>
(ii)
</enum>
<text>
other activities to improve future Public Assistance operations or planning;
</text>
</clause>
</subparagraph>
<subparagraph id="H0AA09B88D7E1483DAE58DE2F120E03AD">
<enum>
(E)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H01BA5433F5124D68AF6E158F67348A59">
<enum>
(F)
</enum>
<text>
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.
</text>
</subparagraph>
</paragraph>
<paragraph id="H364CD3E455F24FD180747BBF5899FD96">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
</text>
<subparagraph id="H85077159FD3244DC90B059A431D4ADD4">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HFCAD9C5D19C848E2B9CB6EA12FBEE5BC">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H479556C23F904C719C07CE58DF49024E">
<enum>
(C)
</enum>
<text>
allowing use of program income from recycled debris without offset to the grant amount;
</text>
</subparagraph>
<subparagraph id="HA32C03BD4F1A49D28FFBD4011426E78D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
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;
</text>
</subparagraph>
<subparagraph id="H35289411598F4E41AA286C4D4425AA52">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H7F97BFE2DC864B3A963E99571F71F29E">
<enum>
(F)
</enum>
<text>
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—
</text>
<clause id="H81C693002566427CAEE7B39736CB7E19">
<enum>
(i)
</enum>
<text>
debris management planning;
</text>
</clause>
<clause id="H0575A90CDD654847AD77BC0ACBDD8BE8">
<enum>
(ii)
</enum>
<text>
acquisition of debris management equipment for current or future use; and
</text>
</clause>
<clause id="HABFB913056354884B3DA4E01AACC16D3">
<enum>
(iii)
</enum>
<text>
other activities to improve future debris removal operations, as determined by the Administrator.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5C6D144CD1074979BDFA18C6D4F1CBB5">
<enum>
(f)
</enum>
<header>
Waiver authority
</header>
<text display-inline="yes-display-inline">
Until such time as the Administrator promulgates regulations to implement this section, the Administrator may—
</text>
<paragraph id="H4ED8FB37371C41F59ED7D8D43940F76E">
<enum>
(1)
</enum>
<text>
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
</text>
</paragraph>
<paragraph id="HEDC845EB7A9C404980B0E460A3E512D6">
<enum>
(2)
</enum>
<text>
carry out the alternative procedures under this section as a pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HCA403A1121184CD28716C4D0F08003D4">
<enum>
(g)
</enum>
<header>
Overtime payments
</header>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H7648E3F3FC7C455E802E59B3A5E56CC5">
<enum>
(h)
</enum>
<header>
Report
</header>
<paragraph id="HE00D26CD15C54B588B1EAB214450B9E3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HB7BCF16548D74C5D89299D8271F86185">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report shall contain an assessment of the effectiveness of the alternative procedures, including—
</text>
<subparagraph id="HB0D324C40719457CBF7CE11F8382AD75">
<enum>
(A)
</enum>
<text>
whether the alternative procedures helped to improve the general speed of disaster recovery;
</text>
</subparagraph>
<subparagraph id="H1A2954C9916641DFB4C714F7FE265797">
<enum>
(B)
</enum>
<text>
the accuracy of the estimates relied upon;
</text>
</subparagraph>
<subparagraph id="HA16B7B94E362468CA8C530B86F0ECCAE">
<enum>
(C)
</enum>
<text>
whether the financial incentives and disincentives were effective;
</text>
</subparagraph>
<subparagraph id="HF03E3F7DE4904F22BF0BE32036B1421F">
<enum>
(D)
</enum>
<text>
whether the alternative procedures were cost effective;
</text>
</subparagraph>
<subparagraph id="HE427127D438B4D36B5002E3080F8D489">
<enum>
(E)
</enum>
<text>
whether the independent expert panel described in subsection (e)(1)(E) was effective; and
</text>
</subparagraph>
<subparagraph id="H5E913E9D08914D21AAF0B11F36C52B7A">
<enum>
(F)
</enum>
<text>
recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H43CAA50D23EC46BDBE994A5F6B01CC1D">
<enum>
1103.
</enum>
<header>
Federal assistance to individuals and households
</header>
<text display-inline="no-display-inline">
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(c)(1)(B)
</external-xref>
) is amended—
</text>
<paragraph id="HCAE89F5D38034645AB26F55B5FC010F3">
<enum>
(1)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
</text>
</paragraph>
<paragraph id="H77CA387407AD4253BEA92B3348F14412">
<enum>
(2)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="H94A6E4879C3B4C6A8DE7E354837898A1" style="OLC">
<clause id="HFD98BA9048C2400F8F95969FE764D736">
<enum>
(ii)
</enum>
<header>
Lease and repair of rental units for temporary housing
</header>
<subclause id="H3EA3E8C8FCFF49B6BFEC8380326389A2">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
</text>
<item id="H8855DED32F8C43D398E8AAD57427E076">
<enum>
(aa)
</enum>
<text>
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
</text>
</item>
<item id="H273AB40A459946CB965B743E8562875D">
<enum>
(bb)
</enum>
<text>
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
</text>
</item>
</subclause>
<subclause id="HCFB309A24E0445369207434B81C038E9">
<enum>
(II)
</enum>
<header>
Improvements or repairs
</header>
<text>
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs—
</text>
<item id="HC4DD1D7623634E77AE950C02FD5D2507">
<enum>
(aa)
</enum>
<text>
shall be deducted from the value of the lease agreement; and
</text>
</item>
<item id="H336D12000F5146FEB17DDFA8CF91DD2C">
<enum>
(bb)
</enum>
<text>
may not exceed the value of the lease agreement.
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4C26D96BD9774151A42692631A01865C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in clause (iv) (as so redesignated) by striking
<quote>
clause (ii)
</quote>
and inserting
<quote>
clause (iii)
</quote>
.
</text>
</paragraph>
</section>
<section id="H61EE08509DDC49F2A825CF7669EFF977">
<enum>
1104.
</enum>
<header>
Hazard mitigation
</header>
<subsection id="HEC5B54F6C44B4BC89D94B23E3E95ABB5">
<enum>
(a)
</enum>
<header>
Streamlined procedures; advance assistance
</header>
<text>
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H51CA337DE86A4D7C9B226393FFFEB890" style="OLC">
<subsection id="H111ED4583FD24A66AF339F5CCA546575">
<enum>
(d)
</enum>
<header>
Streamlined procedures
</header>
<paragraph id="HCE9F1237802545678B3631242327C4CA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
For the purpose of providing assistance under this section, the President shall ensure that—
</text>
<subparagraph id="H2A2582C71E554B54B643B3E1F7580B70">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H8C52EB4A59AD4919A198FF3EA5C0A1C2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDB47DF2BE71C4595BDF549FB71E5A419">
<enum>
(2)
</enum>
<header>
Authority for other expedited procedures
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H4F6ADCDD5D474B06A2F81A5DA46ADFA4">
<enum>
(e)
</enum>
<header>
Advance assistance
</header>
<text>
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.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA9052ED4FE1A48A880C1816E92800279">
<enum>
(b)
</enum>
<header>
Establishment of criteria relating to administration of hazard mitigation assistance by states
</header>
<text>
Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c(c)(2)
</external-xref>
) is amended by inserting after
<quote>
applications submitted under paragraph (1).
</quote>
the following:
<quote>
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.
</quote>
.
</text>
</subsection>
<subsection id="H359888054DE6401194BDED879FD5A309">
<enum>
(c)
</enum>
<header>
Applicability
</header>
<text>
The authority under the amendments made by this section shall apply to—
</text>
<paragraph id="H1880167580DE4234A4A39FEDDAA1D694">
<enum>
(1)
</enum>
<text>
any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) on or after the date of enactment of this division; and
</text>
</paragraph>
<paragraph id="H2031C8327C0143C9B5B745A5C9D4EB92">
<enum>
(2)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
<section id="H5053AB56AF0B41099A67F52C71F70391">
<enum>
1105.
</enum>
<header>
Dispute resolution pilot program
</header>
<subsection id="HF36ADFFFD3A0495790EDB1371C40451C">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section, the following definitions apply:
</text>
<paragraph id="H2D2C5EAB2FDE4175A121F1674CAF9FFE">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<quote>
Administrator
</quote>
means the Administrator of the Federal emergency Management Agency.
</text>
</paragraph>
<paragraph id="H79F1419470DD4253A440B58DE670F521">
<enum>
(2)
</enum>
<header>
Eligible assistance
</header>
<text>
The term
<quote>
eligible assistance
</quote>
means assistance—
</text>
<subparagraph id="H2B03271BFF794C56B4CDBA2ED40388A7">
<enum>
(A)
</enum>
<text>
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
, 5172, 5173);
</text>
</subparagraph>
<subparagraph id="HE6E79786AD4C4269B29A280EE5B756C5">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H47691406F44242F0A9C179652A1178DF">
<enum>
(C)
</enum>
<text>
for which the applicant has a non-Federal share; and
</text>
</subparagraph>
<subparagraph id="HCDB603FDDDE8446CBD8D116D9E5FA67A">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
for which the applicant has received a decision on a first appeal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDB98022A81F84ABE82810BECBB8C7992">
<enum>
(b)
</enum>
<header>
Procedures
</header>
<paragraph id="H4757D40EE3C34D00AABDA4DC55B649FB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H2BADB5A9084348E682E25E5B6AF5A0BA">
<enum>
(2)
</enum>
<header>
Binding effect
</header>
<text>
A decision by an independent review panel under this section shall be binding upon the parties to the dispute.
</text>
</paragraph>
<paragraph id="H2674D5262383487CACDBBD25ADD06E17">
<enum>
(3)
</enum>
<header>
Considerations
</header>
<text>
The procedures established under this section shall—
</text>
<subparagraph id="HBDD8BE35FAA34AAD8335992A5E6AF868">
<enum>
(A)
</enum>
<text>
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
</text>
</subparagraph>
<subparagraph id="H6EB809EE612047F297572E7FF43F925D">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H6A7C1FF90828426EB591ED19A9EBC4A7">
<enum>
(C)
</enum>
<text>
require that the sponsor of an independent review panel for any alternative dispute resolution under this section be—
</text>
<clause id="HA9C09B2E6BA94101A319B24BEF682312">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HC938B0BB6768476D89E0CAD120D6FCC2">
<enum>
(ii)
</enum>
<text>
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;
</text>
</clause>
</subparagraph>
<subparagraph id="HA3E00274821547CBB9D285CB8D57DE1B">
<enum>
(D)
</enum>
<text>
require an independent review panel to—
</text>
<clause id="HFCE9CAC06A104EB9AC1D241C10E27781">
<enum>
(i)
</enum>
<text>
resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance;
</text>
</clause>
<clause id="H59036F68456745F6A29B6E559235C977">
<enum>
(ii)
</enum>
<text>
consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;
</text>
</clause>
<clause id="H4E0ABC8B36594CDF9B1C9F9896C936FB">
<enum>
(iii)
</enum>
<text>
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
</text>
</clause>
<clause id="H9326224298D748339CD6823BA01353DD">
<enum>
(iv)
</enum>
<text>
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;
</text>
</clause>
</subparagraph>
<subparagraph id="H484DC354DC574EC781314D804492C181">
<enum>
(E)
</enum>
<text>
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and
</text>
</subparagraph>
<subparagraph id="HAD66EF8CB05A4EDE989FD42C63E01093">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB15BBDDD35514316AC2B1F896408EE15">
<enum>
(c)
</enum>
<header>
Sunset
</header>
<text>
A request for review by an independent review panel under this section may not be made after December 31, 2015.
</text>
</subsection>
<subsection id="H41A85897B8B245BFBAA3AEE330028EC6">
<enum>
(d)
</enum>
<header>
Report
</header>
<paragraph id="HC1B8144FCA1649558B9B944F1BA52E9E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H30F04DCEE0C7494FA223140AF7479B05">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report submitted under paragraph (1) shall include—
</text>
<subparagraph id="H3F064984EAA14BE69A67C3477CDD515D">
<enum>
(A)
</enum>
<text>
a determination of the availability of data required to complete the report;
</text>
</subparagraph>
<subparagraph id="HD42B57BBED314909B5A0EB1BBCC5B1C3">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HEC1813AEC0A44269A7B95E2F3464574E">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H71177B0775F64CE493139352AB603DED">
<enum>
(D)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HB27907006ECE40559E3837A2B181EE54">
<enum>
(E)
</enum>
<text>
a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and
</text>
</subparagraph>
<subparagraph id="H8C5F665C5DFE4F7787A8070C6F8349DF">
<enum>
(F)
</enum>
<text>
recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HB641C978B915409087DC39D7D55E8C86">
<enum>
1106.
</enum>
<header>
Unified Federal review
</header>
<text display-inline="no-display-inline">
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:
</text>
<quoted-block id="H25C4FEBE54524C0FBE34E863FCE55BD3" style="OLC">
<section id="H5B5A1BDE5FC5431089A2D84770521FE5">
<enum>
429.
</enum>
<header>
Unified Federal review
</header>
<subsection id="H6514D9DE4E90414CB63D24DCE7C58F20">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H67F07240AF6C4BD8A5AF5B88445C9146">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
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.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H9DDC8EEC1201402DB2EC5852B06F716B">
<enum>
1107.
</enum>
<header>
Simplified procedures
</header>
<text display-inline="no-display-inline">
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5189">
42 U.S.C. 5189
</external-xref>
) is amended—
</text>
<paragraph id="H5A35B2923A7546CE918FF4159C4E64CF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
If the Federal estimate
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—If the Federal estimate
</quote>
;
</text>
</paragraph>
<paragraph id="H39D244988A564AF2A4E05799D3420ED2">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))
</quote>
after
<quote>
$35,000
</quote>
the first place it appears;
</text>
</paragraph>
<paragraph id="HFEF55D2047BB4EEEAFBC18307EA3E658">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or, if applicable, the amount established under subsection (b),
</quote>
after
<quote>
$35,000 amount
</quote>
the second place it appears; and
</text>
</paragraph>
<paragraph id="HE959DECE82D04B9380BCC14E0A8E6789">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD7C13CC342C64E87897A7D97935EB5D1" style="OLC">
<subsection id="HD1CEAC6CF1FC40FD91D974DCB36C797A">
<enum>
(b)
</enum>
<header>
Threshold
</header>
<paragraph id="H0329C36785EA42359695A3BCB9557D8F">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
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
<quote>
Administrator
</quote>
), shall—
</text>
<subparagraph id="HE06DB5F0F3B1417C87A4DD343BA1A6BE">
<enum>
(A)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H8DCB134F879F43908D6523BC27F1DEC0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</subparagraph>
</paragraph>
<paragraph id="HDDC0351F8A2C430099B04599F2A7F38E">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
</text>
<subparagraph id="H2CEE6A8E870B484C8C3C583750BC78F4">
<enum>
(A)
</enum>
<text>
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code; and
</text>
</subparagraph>
<subparagraph id="H3AD420B8F2E04CC4BED79AFA47A49EC0">
<enum>
(B)
</enum>
<text>
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD15958B51E643DB85458E3D4CA9EDB1">
<enum>
(3)
</enum>
<header>
Review
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6A10C3C7039F46C3AC42D657394C5F06">
<enum>
1108.
</enum>
<header>
Essential assistance
</header>
<subsection id="H32C459FDF9F944F892447A1B18BF3527">
<enum>
(a)
</enum>
<header>
Other needs assistance
</header>
<text>
Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(e)(1)
</external-xref>
) is amended—
</text>
<paragraph id="H3EBE2EA4870E4FFC86D269DBA4F09C1F">
<enum>
(1)
</enum>
<text>
in the paragraph heading by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
child care,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
dental,
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HE6BF72C5DAF74254AE119D81558B6EBD">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
child care,
</quote>
after
<quote>
dental,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H8687A44F7F93433697666AB35653F2B8">
<enum>
(b)
</enum>
<header>
Salaries and benefits
</header>
<text>
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HB9CC3C126A7F4713AF7772B37D797FFD" style="OLC">
<subsection display-inline="no-display-inline" id="H31CE6A23D1B24D6DB2D913518962CD0E">
<enum>
(d)
</enum>
<header>
Salaries and benefits
</header>
<paragraph id="H31914A892EF3403C8808D90DA39F3B4E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H7C158E1B184349388F1CCB45808782C0">
<enum>
(A)
</enum>
<text>
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
</text>
<clause id="HEC674ECAEB544E8A803FEB00414BDACD">
<enum>
(i)
</enum>
<text>
the work is not typically performed by the employees; and
</text>
</clause>
<clause id="H99C9FB213D49465B89CFA906179D8819">
<enum>
(ii)
</enum>
<text>
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or
</text>
</clause>
</subparagraph>
<subparagraph id="H633502A6D33F456EA851C7E33D9C03F2">
<enum>
(B)
</enum>
<text>
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H74BFC16A753A4C71B5AB5B702D9668EA">
<enum>
(2)
</enum>
<header>
Overtime
</header>
<text>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HA682976E88E44289B4B0974A8499DB8B">
<enum>
(3)
</enum>
<header>
No effect on mutual aid pacts
</header>
<text>
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H3B386FB8844341238A880F490E8D1398">
<enum>
1109.
</enum>
<header>
Individual assistance factors
</header>
<text display-inline="no-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), not later than 1 year after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under
<external-xref legal-doc="regulation" parsable-cite="cfr/44/206.48">
section 206.48
</external-xref>
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.
</text>
</section>
<section id="H5ADC21B8762E4630BED3E88BBA179943">
<enum>
1110.
</enum>
<header>
Tribal requests for a major disaster or emergency declaration under the Stafford Act
</header>
<subsection id="H1CB0EF9F9E1B4314A1E921128AD67D67">
<enum>
(a)
</enum>
<header>
Major disaster requests
</header>
<text>
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170
</external-xref>
) is amended—
</text>
<paragraph id="H58887D8E33AE4E7B834C0DF9A72E91C3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
All requests for a declaration
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general.—
</header-in-text>
All requests for a declaration
</quote>
; and
</text>
</paragraph>
<paragraph id="H21A531AE090B46D8A849DC32742692D9">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HF3EC2191A48E4042B0BA1A45C86BB912" style="OLC">
<subsection id="H18FCD8C768044B2FBAD2F43544E6AF08">
<enum>
(b)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H50A28394B8ED4F1ABA48C696F6AFCC3C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="HFF153579D8EE40FBB4BC5326237BC4BB">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HFA164435C401461DA0042DF7E0486B29">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="HEBEAF15329A846E7800C338CA886CA58">
<enum>
(c)
</enum>
<header>
Cost share adjustments for Indian tribal governments
</header>
<paragraph id="HCFB447187B28475F8369C8A37C515B60">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="HAD02849BA4EB4CCE91C79C5D96712F89">
<enum>
(A)
</enum>
<text>
the President has the authority to waive or adjust the payment under another provision of this title; and
</text>
</subparagraph>
<subparagraph id="H7A836ED5B6C342D4AC513993167885DE">
<enum>
(B)
</enum>
<text>
the President determines that the waiver or adjustment is necessary and appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD8EDDDBAE9EE414C8F9C47B0DC956CFC">
<enum>
(2)
</enum>
<header>
Criteria for making determinations
</header>
<text>
The President shall establish criteria for making determinations under paragraph (1)(B).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6E1954BFD3174F1784017CC856FCA3D4">
<enum>
(b)
</enum>
<header>
Emergency requests
</header>
<text>
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5191">
42 U.S.C. 5191
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H5C553EED6E144DAF91A7268E69DF8A49" style="OLC">
<subsection id="HD0326E579FFD4D829AE71FA939505563">
<enum>
(c)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H7C5AB3EEEE0C48A983312D5D43EAEEFC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H8C6248605CF94AA092C1E219C573DA3C">
<enum>
(2)
</enum>
<header>
References
</header>
<text display-inline="yes-display-inline">
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.
</text>
</paragraph>
<paragraph id="H1E4C3BF405634B479236977946380B37">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEE8E2E8BA0FB4A7CB6FD8D44F9F9F1D5">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
) is amended—
</text>
<paragraph id="HE4CFEB1006C24FE8B4B179BC4B39F2B4">
<enum>
(1)
</enum>
<text>
in paragraph (7)(B) by striking
<quote>
; and
</quote>
and inserting
<quote>
, that is not an Indian tribal government as defined in paragraph (6); and
</quote>
;
</text>
</paragraph>
<paragraph id="HCCC92A66CC1E4A32A7AB23B7FE2ECF1F">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
</text>
</paragraph>
<paragraph id="H2EC5059FC0264071A999BA34638EB34B">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block id="H4B8FEF4BAAE14E21BBF79C92061483FB" style="OLC">
<paragraph id="H44D60E8F4C584A7F8C70A6B139A50AA0">
<enum>
(6)
</enum>
<header>
Indian tribal government
</header>
<text>
The term
<quote>
Indian tribal government
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/25/479a">
25 U.S.C. 479a et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H48864FE7F5DC4D72B317768BA17D54D0">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H0C922BA3C3E84412B98B6A79BD0D169F" style="OLC">
<paragraph id="HF12673B257A4493EBDA155FD89122A03">
<enum>
(12)
</enum>
<header>
Chief executive
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Chief Executive
</quote>
means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HCABDF0940AB0465683104476463BE390">
<enum>
(d)
</enum>
<header>
References
</header>
<text>
Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended by adding after section 102 the following:
</text>
<quoted-block id="H42B9A499E1FB460F9C54E3711ABEF896" style="OLC">
<section id="H5C1D5598DFCF4EE1A41472D587D7F5EF">
<enum>
103.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, any reference in this Act to
<quote>
State and local
</quote>
,
<quote>
State or local
</quote>
,
<quote>
State, and local
</quote>
,
<quote>
State, or local
</quote>
, or
<quote>
State, local
</quote>
(including plurals) with respect to governments or officials and any reference to a
<quote>
local government
</quote>
in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H923D490EDC214F9588E8C68A053099E4">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<paragraph id="H0245E0C1AFE643E6ACE20B5BA4A5FA07">
<enum>
(1)
</enum>
<header>
Issuance
</header>
<text>
The President shall issue regulations to carry out the amendments made by this section.
</text>
</paragraph>
<paragraph id="HD7E33C3696D84FCBAD4F657EA2DFB8DA">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
</text>
</paragraph>
</subsection>
</section>
<section id="H333DD6B480B5432B9BEEE07B6A0299F7">
<enum>
1111.
</enum>
<header>
Recommendations for reducing costs of future disasters
</header>
<subsection id="H1157AA617BC44F869A2C3E662F472C80">
<enum>
(a)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HA3FDAE47C53E4AF992195D9B96C5F5AF">
<enum>
(b)
</enum>
<header>
National strategy
</header>
<text display-inline="yes-display-inline">
The national strategy should—
</text>
<paragraph id="HEDA4D8EB33464281B848C98767F09E98">
<enum>
(1)
</enum>
<text>
respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
</text>
</paragraph>
<paragraph id="H4D5C6D420E4048D683B47BD6FC7C1F2E">
<enum>
(2)
</enum>
<text>
consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
</text>
</paragraph>
<paragraph id="H22B5247F76BF4C218B0EA187D06CAF9E">
<enum>
(3)
</enum>
<text>
analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
</text>
</paragraph>
<paragraph id="H437FC45FE56C4ED69C521BCBD19C0A88">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
</division>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130115">
Passed the House of Representatives January 15, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement>
<action-date date="20130128">
January 28, 2013
</action-date>
<action-desc>
Read the second time and placed on the calendar
</action-desc>
</endorsement>
</bill>
| II Calendar No. 2 113th CONGRESS 1st Session H. R. 152 IN THE SENATE OF 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 Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
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: A disaster relief appropriations act, 2013 I Department of Agriculture domestic food programs food and nutrition service commodity assistance program For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7508(a)(1) ), $6,000,000: Provided , That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act ( 7 U.S.C. 7508 , 7515): Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations for necessary expenses related to the consequences of Hurricane Sandy, $20,000,000, to remain available until expended to conduct studies of flood and storm damage reduction related to natural disasters: Provided, That using $19,500,000 of the funds provided herein, the Secretary of the Army shall conduct, at full Federal expense, a comprehensive study to address the flood risks of vulnerable coastal populations in areas impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That an interim report with an assessment of authorized Corps projects for reducing flooding and storm risks in the affected area that have been constructed or are under construction, including construction cost estimates, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate not later than March 1, 2013: Provided further, That an interim report identifying any previously authorized but unconstructed Corps project and any project under study by the Corps for reducing flooding and storm damage risks in the affected area, including updated construction cost estimates, that are, or would be, consistent with the comprehensive study shall be submitted to the appropriate congressional committees not later than May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees not later than 24 months after the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities that warrant additional analysis by the Corps, as well as institutional and other barriers to providing protection to the affected coastal areas: Provided further, That the Secretary shall conduct the study in coordination with other Federal agencies, and State, local, and Tribal officials to ensure consistency with other plans to be developed, as appropriate: Provided further, That using $500,000 of the funds provided herein, the Secretary shall conduct, at full Federal expense, an evaluation of the performance of existing projects constructed by the Corps and damaged as a consequence of Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements to such projects: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this division. Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $9,000,000, to remain available until expended for repairs to projects that were under construction and damaged as a consequence of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $742,000,000, to remain available until expended to dredge Federal navigation channels, and repair damage to Corps projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies for necessary expenses related to the consequences of Hurricane Sandy, $582,000,000, to remain available until expended to support emergency operations, repairs, and other activities, as authorized by law: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. III Small Business Administration Salaries and expenses For an additional amount for Salaries and Expenses , $10,000,000 for grants to or cooperative agreements with organizations to provide technical assistance related to disaster recovery, response, and long term resiliency to small businesses that are recovering from Hurricane Sandy: Provided, That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas: Provided further, That the Administrator of the Small Business Administration may waive the matching requirements under section 21(a)(4)(A) and 29(c) of the Small Business Act for any grant made using funds made available under this heading: Provided further, That no later than 30 days after the date of enactment of this division, or no less than 7 days prior to obligation of funds, whichever occurs earlier, the Administrator of the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Disaster loans program account (including transfer of funds) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to the consequences of Hurricane Sandy, $100,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for direct administrative expenses of loan making and servicing to carry out the direct loan program authorized by section 7(b) of the Small Business Act in response to Hurricane Sandy, an additional $50,000,000, to remain available until expended, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. IV Department of Homeland Security Coast Guard Acquisition, construction, and improvements (Including transfer of funds) For an additional amount for Acquisition, Construction, and Improvements for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That notwithstanding the transfer limitation contained in section 503 of division D of Public Law 112–74 , such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section: Provided further , That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. Federal Emergency Management Agency Disaster relief fund (Including transfer of funds) For an additional amount for the Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) that is in excess of $1,000,000, the specifics of each such grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 . Science and Technology Research, development, acquisition, and operations For an additional amount for Research, Development, Acquisition, and Operations , for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Domestic Nuclear Detection Office Systems acquisition For an additional amount for Systems Acquisition , for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provision—This Title 401. Funds made available by Public Law 109–88 for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy. V Department of the Interior Fish and wildlife service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National park service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of safety and environmental enforcement Oil spill research For an additional amount for Oil Spill Research for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VI department of health and human services office of the secretary public health and social services emergency fund (including transfers of funds) For an additional amount for Public Health and Social Services Emergency Fund for disaster response and recovery, and other expenses directly related to Hurricane Sandy, including making payments under the Head Start Act and additional payments for distribution as provided for under the “Social Services Block Grant Program”, $100,000,000, to remain available until September 30, 2014: Provided, That not less than $25,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein: Provided further, That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein: Provided further, That not less than $2,000,000 shall be transferred to the Department of Health and Human Services (“HHS”) “Office of Inspector General” to perform oversight, accountability, and evaluation of programs, projects, or activities supported with the funds provided for the purposes provided herein: Provided further, That notwithstanding any other provision of law, the distribution of any amount shall be limited to the States of New York and New Jersey, except that funds provided to “Substance Abuse and Mental Health Services Administration” may be distributed to other States, but only if such funds are for grants, contracts, and cooperative agreements for behavioral health treatment, crisis counseling, and other related helplines, and for other similar programs to provide support to dislocated residents of New York and New Jersey: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of the “base grant” in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph are in addition to the entitlement grants authorized by section 2002(a)(1) of the Social Security Act and shall not be available for such entitlement grants: Provided further, That funds appropriated in this paragraph may be transferred by the Secretary of HHS (“Secretary”) to accounts within HHS, and shall be available only for the purposes provided in this paragraph: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act for fiscal year 2013: Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this division may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agencies Social Security Administration Limitation on Administrative Expenses (including transfer of funds) For an additional amount for ‘‘Limitation on Administrative Expenses”, $2,000,000, for expenses directly related to Hurricane Sandy, which shall be derived from the unobligated balances that remain available under such heading for the Social Security Administration for information technology and telecommunications hardware and software infrastructure: Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VII department of defense military construction Military Construction, Army National Guard For an additional amount for Military Construction, Army National Guard for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017: Provided , That none of the funds made available to the Army National Guard for recovery efforts related to Hurricane Sandy in this division shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further , That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Veterans Affairs Veterans Health Administration Medical Services For an additional amount for Medical Services for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Medical Facilities For an additional amount for “Medical Facilities” for necessary expenses related to the consequences of Hurricane Sandy, $6,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Cemetery Administration For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Departmental Administration Information Technology Systems For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction, Major Projects For an additional amount for “Construction, Major Projects”, $207,000,000, to remain available until September 30, 2017, for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided , That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VIII Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $14,600,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Operating subsidy grants to the national railroad passenger corporation For an additional amount for Operating Subsidy Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy: Provided , That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose: Provided further, That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfer of funds) For an additional amount for Community Development Fund , $3,850,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided , That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development: Provided further, That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data: Provided further, That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a grantee may use up to 5 percent of its overall allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or this heading: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ): Provided further, That, notwithstanding section 104(g)(2) of such Act ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision—Department of housing and urban development 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. IX general provisions—this division 901. Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 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. 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. (2) Not later than June 30, 2013, the Government Accountability Office shall review for the Committees on Appropriations of the House of Representatives and the Senate the design of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this division shall be deemed to be susceptible to significant improper payments for purposes of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this division shall be expended by the grantees within the 24-month period following the agency’s obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. (d) Through September 30, 2015, the Recovery Accountability and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated in this or any other Act for any fiscal year of such period for purposes related to the impact of Hurricane Sandy: Provided , That the Board shall coordinate its oversight efforts with the Director of OMB, the head of each Federal agency receiving appropriations related to the impact of Hurricane Sandy, and the respective Inspector General of each such agency: Provided further , That the Board shall submit quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on its activities related to funds appropriated for the impact of Hurricane Sandy. X Additional Disaster Assistance 1 Department of Agriculture Office of the Secretary Emergency conservation activities (Including transfer of funds) For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 , 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program; 16 U.S.C. 2203 ), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program; 16 U.S.C. 2206 ): Provided , That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provision—this chapter 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 Public Law 110–329 (122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities. 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: (1) $50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy; (2) $7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy; (3) $3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy; (4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites; (5) $50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and (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: 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. 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: (1) $9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy; (2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft; (3) $8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure; (4) $13,000,000 to accelerate the National Weather Service ground readiness project; and (5) $111,000,000 for a weather satellite data mitigation gap reserve fund: 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. 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. 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. 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. 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. 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. 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 Public Law 105–119 , and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading: Provided further , That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government. 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. 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. 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. 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. 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. 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. 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. 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. 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 Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds: Provided further, That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: Provided further, That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy: Provided further, That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $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. 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. 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. General provision—this chapter 1041. This chapter shall apply in place of title II of this division, and such title shall have no force or effect. 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. 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 . 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. 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. 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. 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. 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. 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 . 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 ( 42 U.S.C. 5121 et seq. ), $11,487,735,000, to remain available until expended: Provided , That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters; Provided further , That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 : Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect. 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 ( 42 U.S.C. 5184 ), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program: 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 these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000: Provided further , That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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. 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. 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 ( 42 U.S.C. 5121 et seq. ): Provided further , That individual grants shall not be subject to a non-Federal matching requirement: 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. Construction The provisions under this heading in title V of this division shall be applied by substituting $348,000,000 for $234,000,000 . 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Federal highway administration Federal-aid highways Emergency relief program For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $2,022,000,000, to remain available until expended: Provided , That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000: Provided further, That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy: Provided further, That no funds provided in this division shall be used for section 125(g) of such title: Provided further, That the amount provided 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. 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. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy: Provided, That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer: Provided further, That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes: Provided further, That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including 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 ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided, That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development: Provided further, That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data: Provided further, That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division: Provided further, That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further, That a grantee may use up to 5 percent of its allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provisions—This chapter 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. 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. 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. 1094. This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect. 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. 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. This division may be cited as the Disaster Relief Appropriations Act, 2013 . B Sandy Recovery Improvement Act of 2013 1101. Short title; table of contents (a) Short title This division may be cited as the Sandy Recovery Improvement Act of 2013 . (b) Table of contents The table of contents for this division is as follows: Sec. 1101. Short title; table of contents. Sec. 1102. Public assistance program alternative procedures. Sec. 1103. Federal assistance to individuals and households. Sec. 1104. Hazard mitigation. Sec. 1105. Dispute resolution pilot program. Sec. 1106. Unified Federal review. Sec. 1107. Simplified procedures. Sec. 1108. Essential assistance. Sec. 1109. Individual assistance factors. Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act. Sec. 1111. Recommendations for reducing costs of future disasters. 1102. 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: 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. . 1103. 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) . 1104. 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 division; and (2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division. 1105. 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. 1106. Unified Federal review 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: 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. . 1107. 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. . 1108. 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. . 1109. 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 division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 1110. 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: 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. 1111. Recommendations for reducing costs of future disasters (a) Report to Congress Not later than 180 days after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States. (b) National strategy The national strategy should— (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector; (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards; (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery.
Passed the House of Representatives January 15, 2013. Karen L. Haas, Clerk.
January 28, 2013 Read the second time and placed on the calendar |
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<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Received-in-Senate" bill-type="appropriations" dms-id="H3C2911A75FD943C1B3C974CB348D31DF" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 152 : Disaster Relief Appropriations Act, 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-22
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
II
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 152
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED STATES
</current-chamber>
<action>
<action-date date="20130122" legis-day="20130103">
January 22 (legislative day, January 3), 2013
</action-date>
<action-desc>
Received; read the first time
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
</official-title>
</form>
<legis-body id="HB8F4054A4F8A46F99F24F493E94168A5" style="appropriations">
<section display-inline="yes-display-inline" id="H49AD327E861546D789741BF92FA82530" section-type="undesignated-section">
<text display-inline="yes-display-inline">
<pagebreak/>
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:
</text>
</section>
<division id="H196FE2D9157A4D7B9B740B9FCA4C9962">
<enum>
A
</enum>
<header>
disaster relief appropriations act, 2013
</header>
<title id="H25BF8B7C9245436C8469FFD3CEB119D9">
<enum>
I
</enum>
<appropriations-major id="H91817D5FB7A14B769AF0B04271380E23">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-major id="H074F57CDFDAB412A8B2486695B4952BA">
<header>
domestic food programs
</header>
</appropriations-major>
<appropriations-intermediate id="H57141F66795B49459C59F21898E62A18">
<header>
food and nutrition service
</header>
</appropriations-intermediate>
<appropriations-small id="H6D9CF3CF6141462B88F5E73D7A8C9F8A">
<header>
commodity assistance program
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Commodity Assistance Program
</quote>
for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2036">
7 U.S.C. 2036(a)
</external-xref>
) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508(a)(1)
</external-xref>
), $6,000,000:
<italic>
Provided
</italic>
, That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/7508">
7 U.S.C. 7508
</external-xref>
, 7515):
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC7BF7BCDFE1142DCAE6605DE7BD875C8">
<enum>
II
</enum>
<appropriations-major id="HD2776ECA4044417AABA3ED3C242C64B0">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H11DCF7E259F041E0AEC05E9275A06973">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H909C1EE5E9824767B7F8E958D1402D4B">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H223C585834E7493684ADE04AFCF7C3DE">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H5434002D1E3A4B35B43B08AE0C7BA89C">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H81A2BA922FCA47DB8487DF1C999F3538">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HF20508E0338847788FB9AAFAD3F6C46E">
<enum>
III
</enum>
<appropriations-intermediate id="HC76AA816293944349606C51FFAA3A0DA">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HEBEE3AFD49E84B4288F21D32988B2F8D">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
, $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:
<italic>
Provided,
</italic>
That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H9FAF4C55B92F4E6AB3875EB3624ECED8">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H41E615144A824FA89C0C3CBD7F83AD91">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="HC4922E52208B4F2AAE7E1511B0E51E28">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="H9562DF6AC0EC42B6964B58CAF34B99BF">
<enum>
IV
</enum>
<appropriations-major id="H4A37EF7F83DF4AFF8E0C1F4F142581FD">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HA9C9BA44D0764CDABD89D5629447AC1C">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H67D03C6D5CA1423A8A5DAA15375DE459">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HE49FF74F20FA4D41B4F36294436FA562">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Acquisition, Construction, and Improvements
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding the transfer limitation contained in section 503 of division D of
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
, such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section:
<italic>
Provided further
</italic>
, That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division.
</text>
</appropriations-small>
<appropriations-intermediate id="H50BBEDE08FFA453D895A4C4BB0AC8782">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="HFB008301487A462BA0C870086EDEC9F3">
<header>
Disaster relief fund
</header>
</appropriations-small>
<appropriations-small id="H14D46733CAD744719BE855CE83E0D158">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters:
<italic>
Provided
</italic>
, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further,
</italic>
That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) that is in excess of $1,000,000, the specifics of each such grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
.
</text>
</appropriations-small>
<appropriations-intermediate id="H1DC59A2D45A047A1A371434994D61DAD">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H3D0107A33FB24E22B816564587E125DA">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Research, Development, Acquisition, and Operations
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H6675C0CD973E4D02AAEC84CB213F0A2B">
<header>
Domestic Nuclear Detection Office
</header>
</appropriations-intermediate>
<appropriations-small id="HC23F26FE18CE4B629B9B52156CD8D97A">
<header>
Systems acquisition
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Systems Acquisition
</quote>
, for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HFF887362A4384834B0D485A4EE133C70">
<header>
General Provision—This Title
</header>
</appropriations-intermediate>
<section id="HFA18DFE829AA42E9BF4879AAAA0B4A12">
<enum>
401.
</enum>
<text display-inline="yes-display-inline">
Funds made available by
<external-xref legal-doc="public-law" parsable-cite="pl/109/88">
Public Law 109–88
</external-xref>
for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy.
</text>
</section>
</title>
<title id="HD20B158DFC5748AEB058412A6928F054">
<enum>
V
</enum>
<appropriations-major id="H7D129F45F47A4AF29180FFC670CD281D">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC58B2C1264184FCAB181D8E703167958">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="H51E9A973C26C4F919930223BDFFB0CE4">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H4CA1E9D443844840B22DCDE747616FF1">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3717906F1AA645CE8C53A0A54D4193D3">
<header>
Construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA70174F2640B43628352B7A584BC11E5">
<header>
Bureau of safety and environmental enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H343BE13778414CAA95D8D9B890F1BDE2">
<header>
Oil spill research
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Oil Spill Research
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HCA6283F8776C4D2491FD56F9C1D0D01A">
<enum>
VI
</enum>
<appropriations-major id="H5CF0AF02345C43C494CFDA5E46423DB6">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="HE8779640EA91453290E61D7A873DA5CD">
<header>
office of the secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HB784B982F4A64951BD82E9ABBA6A660E">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="H3CBDF3E4C63B47629881F12AE1C5BF3B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H33364EFA9DBD424B877DB83229B787D3">
<header>
related agencies
</header>
</appropriations-major>
<appropriations-intermediate id="HEEE4AC8187914206BCCBCFD51B52DEA5">
<header>
Social Security Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H1FEBB8F0C65D43F995CD0EBCF48717A3">
<header>
Limitation on Administrative Expenses
</header>
</appropriations-small>
<appropriations-small id="H77C130B9B07B4883934602FDB49E5269">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
</title>
<title id="HA9D5482E2CD34D35A5563BB8B37FBF3A">
<enum>
VII
</enum>
<appropriations-major id="HB8D4C258DC474EEAB47510B0E3460BB8">
<header>
department of defense
</header>
</appropriations-major>
<appropriations-major id="H4C508DBC2E804E458C37D45B6EC9EE02">
<header>
military construction
</header>
</appropriations-major>
<appropriations-intermediate id="HADCA4C5BD8814D9C8BE1486E8083DE4B">
<header>
Military Construction, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Military Construction, Army National Guard
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="H73325365178A408DA47737F5205C0CC3">
<header>
Department of Veterans Affairs
</header>
</appropriations-major>
<appropriations-intermediate id="H57ADD86426C044B89D9A7E4DFC896384">
<header>
Veterans Health Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H0F7D02FCE3184ACC94D087872D9C6290">
<header>
Medical Services
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Medical Services
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="HA9D6BBD10DDB4E1686EFDB69E31C1601">
<header>
Medical Facilities
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H995C9BC51E274FC092B744790D9577AE">
<header>
National Cemetery Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E117126D9B64403AABD5A8744685F37">
<text display-inline="no-display-inline">
For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H72CA79536FF744318691049B9A3125D7">
<header>
Departmental Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H18FF97AD92834B2B84BE070BD482A22C">
<header>
Information Technology Systems
</header>
<text display-inline="no-display-inline">
For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H62A2982611D847FCB06769560FF8A7E2">
<header>
Construction, Major Projects
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</title>
<title id="HC93F918CD9DF4D1E852FEBDA5CEF2FB3">
<enum>
VIII
</enum>
<appropriations-major id="HBB478BE03C5549C8BDCC046823D60EC7">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HB8DB96A724F14410B0D3E3006325AE16">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HAA27E79396B64BB2ADA7A84E1E21D86A">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H2B927335F063425897CDADDE4619414B">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided
</italic>
<italic>
,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF5541334D2014153916DAA9E05EBA431">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7BFC559101F14256B0EC2A466DE7C119">
<header>
Operating subsidy grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operating Subsidy Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H04273A3E76EF4AE587F5406902A0BAE0">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H80F8489AD49A424BA4A98856C3A6CB7C">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="HF37E958C31B94FCDB401C7C3CCB10559">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy:
<italic>
Provided
</italic>
, That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H4F67F1420797473EBF9E4AEB3E171A26">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="HD8F3EEC985C54DD1AF091BBEDEB39A12">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="H110EF76689CC4171AD2EBDA8B2466EA1">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="H44DD6893C0AD43ABB3BB23B1A7D756F6">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided
</italic>
, That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data:
<italic>
Provided further,
</italic>
That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further
</italic>
, That a grantee may use up to 5 percent of its overall allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
) or this heading:
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(1)
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H61E3577340164628A452A557EE8EF79C">
<header>
Administrative provision—Department of housing and urban development
</header>
</appropriations-intermediate>
<section id="H7C1A5A05A3314635B83A5DEECF16B8F9">
<enum>
801.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
</title>
<title id="HDF8EF567C3D54A2A8BD4BBC7D066D76B">
<enum>
IX
</enum>
<header display-inline="no-display-inline">
general provisions—this division
</header>
<section id="HAA5B9F45B5D14A6DA3811FCC2C517FD4">
<enum>
901.
</enum>
<text display-inline="yes-display-inline">
Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved.
</text>
</section>
<section id="H9DA3B3FB557D4C0DBEE272DF1240F0DC">
<enum>
902.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="H5BA4C321BAE24622A3562900D39C6736">
<enum>
903.
</enum>
<text display-inline="yes-display-inline">
No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
</text>
</section>
<section id="H1556D2C08C224E439621B44026083FB7">
<enum>
904.
</enum>
<subsection display-inline="yes-display-inline" id="H722A2568A15941E29CCA29C586A2D7AD">
<enum>
(a)
</enum>
<paragraph display-inline="yes-display-inline" id="HAE298732A4D64FA992495F9D1DE332F6">
<enum>
(1)
</enum>
<text>
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
<quote>
OMB
</quote>
), 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.
</text>
</paragraph>
<paragraph id="HAAD3208E05C849C1BE31E03995A38F02" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</paragraph>
</subsection>
<subsection id="HE640E5356B4A4804B5D7E25F876AF203">
<enum>
(b)
</enum>
<text display-inline="yes-display-inline">
All programs and activities receiving funds under this division shall be deemed to be
<quote>
susceptible to significant improper payments
</quote>
for purposes of the Improper Payments Information Act of 2002 (
<external-xref legal-doc="usc" parsable-cite="usc/31/3321">
31 U.S.C. 3321
</external-xref>
note), notwithstanding section 2(a) of such Act.
</text>
</subsection>
<subsection id="HF128A41E9E214F82AD034A52071AC6EE">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HE97343CBE6504C8FAEB1F9BA4C2E4BE9">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H2D967B81D81549ACAC9E2DDD052D71CB" section-type="undesignated-section"/>
</title>
<title id="H223245FC568D4CE794DADA78DA6D074C">
<enum>
X
</enum>
<header display-inline="no-display-inline">
Additional Disaster Assistance
</header>
<chapter id="H55D6752ACE6444C18726E97A83AC23EA">
<enum>
1
</enum>
<appropriations-major id="H03B19368978C41F9BC6E452F32F37504">
<header>
Department of Agriculture
</header>
</appropriations-major>
<appropriations-intermediate id="HF74EEEEC01F845B6B2218C0BB8A12E50">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HA5046D31658A4D6EA02E7B132153AEEA">
<header>
Emergency conservation activities
</header>
</appropriations-small>
<appropriations-small id="H3988D7B3EA4C4D5EBCAD9F0A224F0C60">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201 et seq.
</external-xref>
) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/16/2201">
16 U.S.C. 2201
</external-xref>
, 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2203">
16 U.S.C. 2203
</external-xref>
), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program;
<external-xref legal-doc="usc" parsable-cite="usc/16/2206">
16 U.S.C. 2206
</external-xref>
):
<italic>
Provided
</italic>
, That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="H78B1BC98774F44D8BEE08A651AD80D59">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6A334A7B9F854F73B45EC16FF83E4549">
<enum>
1011.
</enum>
<text display-inline="yes-display-inline">
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
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">
Public Law 110–329
</external-xref>
(122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities.
</text>
</section>
</chapter>
<chapter id="H46D005FFD87442EF8C12C9FC3EC02678">
<enum>
2
</enum>
<appropriations-major id="H86853230ABEB4F809A46EA2F1814F783">
<header>
Department of Commerce
</header>
</appropriations-major>
<appropriations-intermediate id="H0152756A3E5045AF8D5351CB0CBA9E91">
<header>
National Oceanic and Atmospheric Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H7CD3DCA3EA744EC1B223AEDF8627FB2B">
<header>
Operations, research, and facilities
</header>
</appropriations-small>
<appropriations-small id="H2F3170AF402B406993CFC4FD09650718">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operations, Research, and Facilities
</quote>
, $290,000,000 (reduced by $150,000,000) to remain available until September 30, 2014, as follows:
</text>
<paragraph id="H62D676C75A164CA99D0F518178DF1725">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="H4D2D0274BAD54180B07CC7A09E99A4AF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HF610D88566564F6CB8BC1C61D25ED7FA">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0A0A9C50D7A4B7894860E813F232DD4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites;
</text>
</paragraph>
<paragraph id="H5D4C3686AB1B4AF5A305CABD473747B3">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and
</text>
</paragraph>
<paragraph id="H8A347522C96946AD8743E6087A0653FF">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
$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:
</text>
<continuation-text indent="flush-left">
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-small id="HEE7230E268B94DC09BB76E22E1F93527">
<header>
Procurement, acquisition and construction
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement, Acquisition and Construction
</quote>
, $186,000,000, to remain available until September 30, 2015, as follows:
</text>
<paragraph id="H615F2E6C3DA748BE93330D1DD44DE175">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy;
</text>
</paragraph>
<paragraph id="HC0D7386233F9496A90DBA4BC8A3560E1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
$44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft;
</text>
</paragraph>
<paragraph id="HF3A04B8145734C0D8923BD7724420AA2">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
$8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure;
</text>
</paragraph>
<paragraph id="HDB5BBBF283014A8599CD9F3E6C98AD76">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
$13,000,000 to accelerate the National Weather Service ground readiness project; and
</text>
</paragraph>
<paragraph id="H4BCED087CC884DD5B007DFA77874329F">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
$111,000,000 for a weather satellite data mitigation gap reserve fund:
</text>
<continuation-text>
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</continuation-text>
</paragraph>
</appropriations-small>
<appropriations-major id="HA719F997E72F47BDB120AAA9BA318D70">
<header>
Department of Justice
</header>
</appropriations-major>
<appropriations-intermediate id="HF7787B2DBC28440BB7A10B6C6098E650">
<header>
Federal Bureau of Investigation
</header>
</appropriations-intermediate>
<appropriations-small id="H0380F4A2C429408BA5B7FB08BBBCF719">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,020,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H8DA880725B8948D2839BE40C77909786">
<header>
Drug Enforcement Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H5E68FB7FE2CD4394B3E5101A8FA21D44">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HDC4012F07AB94A20A04B78BC1089F941">
<header>
Bureau of Alcohol, Tobacco, Firearms and Explosives
</header>
</appropriations-intermediate>
<appropriations-small id="H3C09EC5CD9144619974E59E36AC0793F">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $230,000:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63852E99310B49C5AA41546E9D04C460">
<header>
Federal Prison System
</header>
</appropriations-intermediate>
<appropriations-small id="H1D73997A30254BABB8BF97DFF55923DA">
<header>
Buildings and facilities
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Buildings and Facilities
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HEBCF7DEA8EEC4EF2A49FD62DDF99D8EC">
<header>
Science
</header>
</appropriations-major>
<appropriations-intermediate id="H01E7145564D1499881C91479A6CD2B75">
<header>
National Aeronautics and Space Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H6ECD614678BE493BA6010AD18131366D">
<header>
Construction and environmental compliance and restoration
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction and Environmental Compliance and Restoration
</quote>
for repair at National Aeronautics and Space Administration facilities damaged by Hurricane Sandy, $15,000,000, to remain available until September 30, 2014:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HB0DC2F9B20DE45869C793CE03564DA48">
<header>
Related Agencies
</header>
</appropriations-major>
<appropriations-intermediate id="H12112EEADBA4477993FA576B2A43FF06">
<header>
Legal Services Corporation
</header>
</appropriations-intermediate>
<appropriations-small id="H800AA20071D54F05A661CD79ED9E91D8">
<header>
Payment to the legal services corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Payment to the Legal Services Corporation
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
, and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">
Public Law 104–134
</external-xref>
(referenced by
<external-xref legal-doc="public-law" parsable-cite="pl/105/119">
Public Law 105–119
</external-xref>
) shall not apply to the amount made available under this heading:
<italic>
Provided further
</italic>
, That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government.
</text>
</appropriations-small>
</chapter>
<chapter id="HE731B1B2116B447C87A7CACDBAAF99A4">
<enum>
3
</enum>
<appropriations-major id="H88011C20653D42098DF6F24DA5B52DE6">
<header>
Department of defense
</header>
</appropriations-major>
<appropriations-major id="H6F4E8453C4144809ACA00221FCBAB273">
<header>
Department of defense—military
</header>
</appropriations-major>
<appropriations-major id="H7330D78854B449FD98B03B01F8D6B442">
<header>
OPERATION AND MAINTENANCE
</header>
</appropriations-major>
<appropriations-intermediate id="HA979485F004E4B898642ECA135DD0BF8">
<header>
Operation and Maintenance, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army
</quote>
, $5,370,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H5ECF63BA2D694F739FA37DCC94FE917C">
<header>
Operation and Maintenance, Navy
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Navy
</quote>
, $40,015,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H6B9A12097790448CB0ABD15A7A502A37">
<header>
Operation and Maintenance, Air Force
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air Force
</quote>
, $8,500,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HF8214F510E514408AB47EBF652CED114">
<header>
Operation and Maintenance, Army National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Army National Guard
</quote>
, $3,165,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HCDEA0971A9264E4A8179126F1FDCACB4">
<header>
Operation and Maintenance, Air National Guard
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance, Air National Guard
</quote>
, $5,775,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="HB64AC289F8954E338106A981BE91F3B7">
<header>
PROCUREMENT
</header>
</appropriations-major>
<appropriations-intermediate id="HD1078357EB2F4D71A55BB4311FB19AE6">
<header>
Procurement of Ammunition, Army
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Procurement of Ammunition, Army
</quote>
, $1,310,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
<appropriations-major id="H79222537C75143F9A2453F186919FF93">
<header>
REVOLVING AND MANAGEMENT FUNDS
</header>
</appropriations-major>
<appropriations-intermediate id="H7D38D45956CF4370954E9775F9FF0383">
<header>
Defense Working Capital Funds
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Defense Working Capital Funds
</quote>
, $24,200,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy:
<proviso>
<italic>
Provided
</italic>
,
</proviso>
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.
</text>
</appropriations-intermediate>
</chapter>
<chapter id="HC215203D71AA472CBCFE1F9EDE7984B2">
<enum>
4
</enum>
<appropriations-major id="H7D0F46CB73134499B0BD843453B0A347">
<header>
Department of the Army
</header>
</appropriations-major>
<appropriations-intermediate id="H0BCC78C7011F412889A3981E44789421">
<header>
Corps of Engineers—Civil
</header>
</appropriations-intermediate>
<appropriations-small id="H6DD5A68A518A4EB4937536D1C8ED8B59">
<header>
Investigations
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Investigations
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That a final report shall be submitted to the appropriate congressional committees within 24 months of the date of enactment of this division:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H74675EF9856D4678924A8F4C5C497634">
<header>
Construction
</header>
</appropriations-small>
<appropriations-small id="H8C0F2E4832764610BE3869CEE75EEC72">
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Construction
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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
<quote>
Investigations
</quote>
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
<quote>
Investigations
</quote>
to be submitted not later than May 1, 2013:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the completion of ongoing construction projects receiving funds provided by this division shall be at full Federal expense with respect to such funds:
<italic>
Provided further,
</italic>
That the non-Federal cash contribution for projects using these funds shall be financed in accordance with the provisions of section 103(k) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/662">
Public Law 99–662
</external-xref>
over a period of 30 years from the date of completion of the project or separable element:
<italic>
Provided further,
</italic>
That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds:
<italic>
Provided further,
</italic>
That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps:
<italic>
Provided further,
</italic>
That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy:
<italic>
Provided further,
</italic>
That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors:
<italic>
Provided further,
</italic>
That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division.
</text>
</appropriations-small>
<appropriations-small id="H0B0A8C4907634D149047F502118F302A">
<header>
Operation and Maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Operation and Maintenance
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H16DCC86B038F4413AD70B24DEC5B26F0">
<header>
Flood Control and Coastal Emergencies
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Flood Control and Coastal Emergencies
</quote>
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:
<italic>
Provided,
</italic>
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
<quote>
Investigations
</quote>
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:
<italic>
Provided further,
</italic>
That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to funds provided under this heading:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-small id="H6F15094BE15B40AC86C81345B2216B80">
<header>
Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Expenses
</quote>
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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="H40260B604BCA4A85B28C132D6045667B">
<header>
General provision—this chapter
</header>
</appropriations-major>
<section id="H6FFCE76F28F94AC891215F44E5E80167">
<enum>
1041.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title II of this division, and such title shall have no force or effect.
</text>
</section>
</chapter>
<chapter id="H512DA05475C04415864019FCEF796E29">
<enum>
5
</enum>
<appropriations-intermediate id="H2EF5416D43A245A08EF3C40CD11772AF">
<header>
General Services Administration
</header>
</appropriations-intermediate>
<appropriations-small id="HCC3FBDA6FF8C44A480F14F9821182A22">
<header>
Real property Activities
</header>
</appropriations-small>
<appropriations-small id="HF3F05AE8D6C4410089542B0B0FCCE73F">
<header>
Federal buildings fund
</header>
</appropriations-small>
<appropriations-small id="H1483F5B5F1804DDABB0643A298683E72" indent="flush-left">
<text display-inline="no-display-inline">
For an additional amount to be deposited in the
<quote>
Federal Buildings Fund
</quote>
, $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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="HBA293E103F9443898AB6F8B1D6FD430B">
<header>
Small Business Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H037A40157F004E4B8E08A517F655EC6B">
<header>
Salaries and expenses
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title III of this division shall be applied by substituting
<quote>
$20,000,000
</quote>
for
<quote>
$10,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-small id="HC2574CEB70454182B1C6EA4A75254151">
<header>
Office of inspector general
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Office of Inspector General
</quote>
, $5,000,000, to remain available until expended:
<italic>
Provided,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H07CEBA3A92B34E86AEF7E1A19E631932">
<header>
Disaster loans program account
</header>
</appropriations-small>
<appropriations-small id="H23759D8594DC4D1C98544B0A77715807">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Loans Program Account
</quote>
for the cost of direct loans authorized by section 7(b) of the Small Business Act, $520,000,000, to remain available until expended:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H58020E9E6FD14BB6898A0AF9830AA3BE">
<enum>
6
</enum>
<appropriations-major id="HE61D68C60C23490A967949A9F9854104">
<header>
Department of Homeland Security
</header>
</appropriations-major>
<appropriations-intermediate id="HC3C79F9318CB44139ECA747238BA4536">
<header>
United States Customs and Border Protection
</header>
</appropriations-intermediate>
<appropriations-small id="H62046856413F42DEAB6030CC84236D93">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $1,667,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HF4091D5E439B4AA9896FD3FDDEDE38CB">
<header>
United States Immigration and Customs Enforcement
</header>
</appropriations-intermediate>
<appropriations-small id="H9A387D0B382D4A85B103F7C72DD85BFE">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $855,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H543B866123D545028445B37EB3017AD0">
<header>
United States Secret Service
</header>
</appropriations-intermediate>
<appropriations-small id="H31EFACCE21F04EA3B3783D26D2051867">
<header>
Salaries and Expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $300,000:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="H63047A226A9B41F5B91AF1EDCB784A4E">
<header>
Coast Guard
</header>
</appropriations-intermediate>
<appropriations-small id="H4A663E4A55FB47C09D6092D72D3DEDB5">
<header>
Acquisition, construction, and improvements
</header>
</appropriations-small>
<appropriations-small id="HFB69119601244585A43592275420B3F7">
<header>
(Including transfer of funds)
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$274,233,000
</quote>
for
<quote>
$143,899,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HE01FA2D4FDC64AF09226B027FEEE954A">
<header>
Federal Emergency Management Agency
</header>
</appropriations-intermediate>
<appropriations-small id="H33569716BEA2431AAD646DD0A6AF8F69">
<header>
Disaster Relief Fund
</header>
</appropriations-small>
<appropriations-small id="H63C6DDC268394BDDB13ABD1CBC1098FF">
<header>
(Including Transfer of Funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Disaster Relief Fund
</quote>
in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), $11,487,735,000, to remain available until expended:
<italic>
Provided
</italic>
, That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
<italic>
Provided further
</italic>
, That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security
<quote>
Office of Inspector General
</quote>
for audits and investigations related to disasters;
<italic>
Provided further
</italic>
, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5172">
42 U.S.C. 5172
</external-xref>
) the specifics of the grant award:
<italic>
Provided further
</italic>
, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated:
<italic>
Provided further
</italic>
, That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated:
<italic>
Provided further
</italic>
, That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources):
<italic>
Provided further
</italic>
, That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by
<external-xref legal-doc="public-law" parsable-cite="pl/112/74">
Public Law 112–74
</external-xref>
:
<italic>
Provided further
</italic>
, That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect.
</text>
</appropriations-small>
<appropriations-small id="HF5803F85F5D14FF99C6BA3F3A8D33529">
<header>
Disaster Assistance Direct Loan Program Account
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Disaster Assistance Direct Loan Program Account
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5184">
42 U.S.C. 5184
</external-xref>
), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program:
<italic>
Provided,
</italic>
That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:
<italic>
Provided further
</italic>
, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000:
<italic>
Provided further
</italic>
, That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-intermediate id="H8E352D41F5AB43B7BDBD20F0100F7ED4">
<header>
Science and Technology
</header>
</appropriations-intermediate>
<appropriations-small id="H9886EDFA4AC64BD9A45F108EFC1CB875">
<header>
Research, development, acquisition, and operations
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title IV of this division shall be applied by substituting
<quote>
$3,249,000
</quote>
and
<quote>
September 30, 2014
</quote>
for
<quote>
$585,000
</quote>
and
<quote>
September 30, 2013
</quote>
, respectively.
</text>
</appropriations-small>
</chapter>
<chapter id="HEA73E9277FFC487892907A7598364924">
<enum>
7
</enum>
<appropriations-major id="H7EC6FE750F7642E2891303AFBE95C6B7">
<header>
Department of the Interior
</header>
</appropriations-major>
<appropriations-intermediate id="HC932844BEEF1484C9A16DAE260C42CE5">
<header>
Fish and wildlife service
</header>
</appropriations-intermediate>
<appropriations-small id="HDF151275934D4580A7BEB6D482852E36">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$78,000,000 (reduced by $9,800,000)
</quote>
for
<quote>
$49,875,000
</quote>
:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HA6AFF81DF4F246049383B0F2595BD837">
<header>
National park service
</header>
</appropriations-intermediate>
<appropriations-small id="H3E247EFD2D374D42A2EA93EC02646DD0">
<header>
historic preservation fund
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Historic Preservation Fund
</quote>
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:
<italic>
Provided
</italic>
, 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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
):
<italic>
Provided further
</italic>
, That individual grants shall not be subject to a non-Federal matching requirement:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-small id="H7A59C0BC1FC845FEA8478669AFD99159">
<header>
Construction
</header>
<text display-inline="no-display-inline">
The provisions under this heading in title V of this division shall be applied by substituting
<quote>
$348,000,000
</quote>
for
<quote>
$234,000,000
</quote>
.
</text>
</appropriations-small>
<appropriations-intermediate id="HCA33D334B625478AB11FCF768ACA016C">
<header>
Departmental Operations
</header>
</appropriations-intermediate>
<appropriations-small id="HC7BA8D0EE9614ED5A891A0FD7FEF0788">
<header>
office of the secretary
</header>
</appropriations-small>
<appropriations-small id="H25B26E1207674F3BA2AF03BB7D00A14B">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Departmental Operations
</quote>
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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HCEE99954A45A4B44BA76979B3DED2862">
<header>
ENVIRONMENTAL PROTECTION AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="H4ADBAB6543ED4584ADC9C59F85B182A2">
<header>
Environmental Programs and Management
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Environmental Programs and Management
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $725,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H92A7145BD89D4E33BD180F8C9B959ACC">
<header>
Hazardous Substance Superfund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Hazardous Substance Superfund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="H7E8201BAF40946DDB9F3103596B3960A">
<header>
Leaking Underground Storage Tank Fund
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Leaking Underground Storage Tank Fund
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $5,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-intermediate id="HA022ADCE49E64FAA8099CC4A5D8362D5">
<header>
State and Tribal Assistance Grants
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
State and Tribal Assistance Grants
</quote>
, $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:
<italic>
Provided
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further
</italic>
, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-intermediate>
<appropriations-major id="HD39E8159CF204A469C94C18AD179E9BE">
<header>
RELATED AGENCIES
</header>
</appropriations-major>
<appropriations-major id="HD117ED3F8DA84679B839A09BE74D25E2">
<header>
DEPARTMENT OF AGRICULTURE
</header>
</appropriations-major>
<appropriations-intermediate id="HF013EE83C4784133B5671FFA63CA25B0">
<header>
Forest Service
</header>
</appropriations-intermediate>
<appropriations-small id="HC90A7C3FBB5D408F982167D2CE8EFA36">
<header>
capital improvement and maintenance
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Capital Improvement and Maintenance
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $4,400,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
<appropriations-major id="HE7B5421458904D588AF3055D9D970A72">
<header>
OTHER RELATED AGENCY
</header>
</appropriations-major>
<appropriations-intermediate id="HFC2874F0BF624C5098C0EE508040FDD6">
<header>
Smithsonian Institution
</header>
</appropriations-intermediate>
<appropriations-small id="H269ACF2E3BCB4D6DA49D71E01F1FDF3C">
<header>
salaries and expenses
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Salaries and Expenses
</quote>
for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended:
<italic>
Provided
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="H91C85005AAE14661A75159CFF74BED05">
<enum>
8
</enum>
<appropriations-major id="H0C8E2216D72C4F37A2B8E3B78C491A21">
<header>
Department of Labor
</header>
</appropriations-major>
<appropriations-intermediate id="HBEE52331CBB64822B03445DD40EF0AF9">
<header>
Employment and Training Administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8E716AFBE6D74F4FB4299B087EF6F9FC">
<header>
training and employment services
</header>
</appropriations-small>
<appropriations-small id="HBBE7A1AB59AD47EF948BFF80C3C3F89D">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Training and Employment Services
</quote>
, $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:
<italic>
Provided,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HEB8234BC6F2E4F19A1BA1615E653AC56">
<header>
department of health and human services
</header>
</appropriations-major>
<appropriations-intermediate id="H83C4CC653D0242AB96ABB271760A1C70">
<header>
Office of the Secretary
</header>
</appropriations-intermediate>
<appropriations-small id="HE1E14E47FF284EB285F09C2072156BBF">
<header>
public health and social services emergency fund
</header>
</appropriations-small>
<appropriations-small id="HB3BFC13912DE4E55AE3B01D8D9F8BDA1">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Public Health and Social Services Emergency Fund
</quote>
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:
<italic>
Provided,
</italic>
That $100,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein:
<italic>
Provided further,
</italic>
That $500,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein:
<italic>
Provided further,
</italic>
That section 2002(c) of the Social Security Act shall be applied to funds appropriated in the preceding proviso by substituting
<quote>
succeeding 2 fiscal years
</quote>
for
<quote>
succeeding fiscal year
</quote>
:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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.
</text>
</appropriations-small>
</chapter>
<chapter id="HA7E6F99350374F1AA9C25A20A488809A">
<enum>
9
</enum>
<appropriations-major id="HF91FA3CB4B054E5A83EBC7247BD39476">
<header>
Department of Transportation
</header>
</appropriations-major>
<appropriations-intermediate id="HC2185B79103C4E67BAC9D727FF4AD7D2">
<header>
Federal aviation administration
</header>
</appropriations-intermediate>
<appropriations-small id="HE479E26904414398BE65020FC40BDE74">
<header>
Facilities and equipment
</header>
</appropriations-small>
<appropriations-small id="H34DC5C9C5F9747F79D27878D86F69183">
<header>
(airport and airway trust fund)
</header>
<text display-inline="no-display-inline">
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:
<italic>
Provided,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H7515C63D9251454B8B4A921046E20699">
<header>
Federal highway administration
</header>
</appropriations-intermediate>
<appropriations-small id="H73846A339B5D4069A97E87B480BE6EFE">
<header>
Federal-aid highways
</header>
</appropriations-small>
<appropriations-small id="H87A872FC35CC4D72A76E8DF5C95DB2F7">
<header>
Emergency relief program
</header>
<text display-inline="no-display-inline">
For an additional amount for the
<quote>
Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/23/125">
section 125
</external-xref>
of title 23, United States Code, $2,022,000,000, to remain available until expended:
<italic>
Provided
</italic>
, That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000:
<italic>
Provided further,
</italic>
That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy:
<italic>
Provided further,
</italic>
That no funds provided in this division shall be used for section 125(g) of such title:
<italic>
Provided further,
</italic>
That the amount provided 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.
</text>
</appropriations-small>
<appropriations-intermediate id="HEBBA484EE0D44ABA9F2FFA7D0578F550">
<header>
Federal railroad administration
</header>
</appropriations-intermediate>
<appropriations-small id="HB2A1EB88A4B048F5908C31A15BF3A949">
<header>
Grants to the national railroad passenger corporation
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Grants to the National Railroad Passenger Corporation
</quote>
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:
<italic>
Provided
</italic>
, That none of the funds may be used to subsidize operating losses of the Corporation:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further
</italic>
, 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:
<italic>
Provided further,
</italic>
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:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-intermediate id="H878BD414A4604F0ABB91C1A7285ED7BD">
<header>
Federal transit administration
</header>
</appropriations-intermediate>
<appropriations-small id="H8D9F10038C5B4780BFB3AF828B78E5E4">
<header>
Public transportation emergency relief program
</header>
</appropriations-small>
<appropriations-small id="H920270E9F5974EC1A5642940E3F10C22">
<header>
(including transfer of funds)
</header>
<text display-inline="no-display-inline">
For the
<quote>
Public Transportation Emergency Relief Program
</quote>
as authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/5324">
section 5324
</external-xref>
of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy:
<italic>
Provided,
</italic>
That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division:
<italic>
Provided further,
</italic>
That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act (
<external-xref legal-doc="public-law" parsable-cite="pl/112/141">
Public Law 112–141
</external-xref>
) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program:
<italic>
Provided further,
</italic>
That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy:
<italic>
Provided further,
</italic>
That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer:
<italic>
Provided further,
</italic>
That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading:
<italic>
Provided further,
</italic>
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.
</text>
</appropriations-small>
<appropriations-major id="HDDA80CD6789C4CACA776FB341DAA8DC3">
<header>
Department of Housing and Urban Development
</header>
</appropriations-major>
<appropriations-intermediate id="H65D991CE99794F489D7FC2EFA93B9E48">
<header>
Community planning and development
</header>
</appropriations-intermediate>
<appropriations-small id="HA03D569E1CD344FEB6B716FBBC8EFF8E">
<header>
Community development fund
</header>
</appropriations-small>
<appropriations-small id="HC0CF575DEC1548FDB635AA40A4556075">
<header>
(including transfers of funds)
</header>
<text display-inline="no-display-inline">
For an additional amount for
<quote>
Community Development Fund
</quote>
, $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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided,
</italic>
That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development:
<italic>
Provided further,
</italic>
That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data:
<italic>
Provided further,
</italic>
That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas:
<italic>
Provided further,
</italic>
That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division:
<italic>
Provided further,
</italic>
That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan:
<italic>
Provided further,
</italic>
That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers:
<italic>
Provided further,
</italic>
That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5306">
42 U.S.C. 5306
</external-xref>
):
<italic>
Provided further,
</italic>
That a grantee may use up to 5 percent of its allocation for administrative costs:
<italic>
Provided further,
</italic>
That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds:
<italic>
Provided further,
</italic>
That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5155">
42 U.S.C. 5155
</external-xref>
), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds:
<italic>
Provided further,
</italic>
That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements:
<italic>
Provided further,
</italic>
That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes:
<italic>
Provided further,
</italic>
That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5301">
42 U.S.C. 5301 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit:
<italic>
Provided further,
</italic>
That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5304">
42 U.S.C. 5304(g)(2)
</external-xref>
), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
):
<italic>
Provided further,
</italic>
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement:
<italic>
Provided further,
</italic>
That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver:
<italic>
Provided further,
</italic>
That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading:
<italic>
Provided further,
</italic>
That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading:
<italic>
Provided further,
</italic>
That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</appropriations-small>
<appropriations-major id="HB82FCD91F39F497984216FB623EF4FA0">
<header>
General provisions—This chapter
</header>
</appropriations-major>
<section id="H0A495994A4BF4B7BB2D24D78506936CF">
<enum>
1091.
</enum>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170 et seq.
</external-xref>
), to avoid significant adverse funding impacts that would otherwise result from the disaster.
</text>
</section>
<section id="H441A67C2948E42869126083144F53E25">
<enum>
1092.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HD67305C013944E87B93220E0D7310242">
<enum>
1093.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HA64ACAE827354C8393E7918421B96EB5">
<enum>
1094.
</enum>
<text display-inline="yes-display-inline">
This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect.
</text>
</section>
<section id="H0651DFF3542043518D63D82075F7CBCA">
<enum>
1095.
</enum>
<text display-inline="yes-display-inline">
The amounts otherwise provided by this division are revised by reducing the amount made available for
<quote>
Small Business Administration—Disaster Loans Program Account
</quote>
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
<quote>
Department of Veterans Affairs—National Cemetery Administration
</quote>
, by $1,000,000.
</text>
</section>
<section id="H0F6ECF1700B14158B9BA492540821A51">
<enum>
1096.
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</section>
<section id="HB2D3592E192D42AF9D104D76499CA309" section-type="undesignated-section">
<text display-inline="yes-display-inline">
This division may be cited as the
<quote>
<short-title>
Disaster Relief Appropriations Act, 2013
</short-title>
</quote>
.
</text>
</section>
</chapter>
</title>
</division>
<division id="H4097DCA653764DD3B4CD16F1ED018DF8" style="OLC">
<enum>
B
</enum>
<header>
Sandy Recovery Improvement Act of 2013
</header>
<section id="H842B8D956740491A88400A28FC27E66C" section-type="subsequent-section">
<enum>
1101.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="H1B5510387BDD4F67832BEA56ACD34461">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This division may be cited as the
<quote>
<short-title>
Sandy Recovery Improvement Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H6073CFC81A2A453CB38FA7C5967CD262">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this division is as follows:
</text>
<toc container-level="division-container" idref="H4097DCA653764DD3B4CD16F1ED018DF8" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H842B8D956740491A88400A28FC27E66C" level="section">
Sec. 1101. Short title; table of contents.
</toc-entry>
<toc-entry idref="H3C061263A58C46AEBFEB552FB76E5CFB" level="section">
Sec. 1102. Public assistance program alternative procedures.
</toc-entry>
<toc-entry idref="H43CAA50D23EC46BDBE994A5F6B01CC1D" level="section">
Sec. 1103. Federal assistance to individuals and households.
</toc-entry>
<toc-entry idref="H61EE08509DDC49F2A825CF7669EFF977" level="section">
Sec. 1104. Hazard mitigation.
</toc-entry>
<toc-entry idref="H5053AB56AF0B41099A67F52C71F70391" level="section">
Sec. 1105. Dispute resolution pilot program.
</toc-entry>
<toc-entry idref="HB641C978B915409087DC39D7D55E8C86" level="section">
Sec. 1106. Unified Federal review.
</toc-entry>
<toc-entry idref="H9DDC8EEC1201402DB2EC5852B06F716B" level="section">
Sec. 1107. Simplified procedures.
</toc-entry>
<toc-entry idref="H6A10C3C7039F46C3AC42D657394C5F06" level="section">
Sec. 1108. Essential assistance.
</toc-entry>
<toc-entry idref="H3B386FB8844341238A880F490E8D1398" level="section">
Sec. 1109. Individual assistance factors.
</toc-entry>
<toc-entry idref="H5ADC21B8762E4630BED3E88BBA179943" level="section">
Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act.
</toc-entry>
<toc-entry idref="H333DD6B480B5432B9BEEE07B6A0299F7" level="section">
Sec. 1111. Recommendations for reducing costs of future disasters.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H3C061263A58C46AEBFEB552FB76E5CFB">
<enum>
1102.
</enum>
<header>
Public assistance program alternative procedures
</header>
<text display-inline="no-display-inline">
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H7FA277BB87DE4B8B84D2C8DAD95DC368">
<enum>
(1)
</enum>
<text>
by redesignating the second section 425 (relating to essential service providers) as section 427; and
</text>
</paragraph>
<paragraph id="H30A2F458A4534A658BCF439957F67C7D">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1DAC8718A0704873964C578925AC05C8" style="OLC">
<section id="H329C4461DF234752A04863592E90FF6E">
<enum>
428.
</enum>
<header>
Public assistance program alternative procedures
</header>
<subsection id="H467AF72962594222BD966A338F023565">
<enum>
(a)
</enum>
<header>
Approval of projects
</header>
<text>
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.
</text>
</subsection>
<subsection id="H3384FB80A99448D6A470F973B4C8FC0F">
<enum>
(b)
</enum>
<header>
Adoption
</header>
<text>
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).
</text>
</subsection>
<subsection id="H545B8BCB9DA74248B9D2F1B1821A67C4">
<enum>
(c)
</enum>
<header>
Goals of procedures
</header>
<text>
The alternative procedures adopted under subsection (a) shall further the goals of—
</text>
<paragraph id="HE457CBD0EE5243E181EF88661795B2E0">
<enum>
(1)
</enum>
<text>
reducing the costs to the Federal Government of providing such assistance;
</text>
</paragraph>
<paragraph id="H7D4A3FD9802842828555C07734414D5B">
<enum>
(2)
</enum>
<text>
increasing flexibility in the administration of such assistance;
</text>
</paragraph>
<paragraph id="HE6E5CA81B9D44C07B723B03B716E0E51">
<enum>
(3)
</enum>
<text>
expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and
</text>
</paragraph>
<paragraph id="HECD24553B40E4AB292CA233103F5A66D">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H39373803E5C7456B8CB0AFD7A4D5B1F4">
<enum>
(d)
</enum>
<header>
Participation
</header>
<text>
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.
</text>
</subsection>
<subsection id="H800309C1B96E4EB89483305C4FFF68EB">
<enum>
(e)
</enum>
<header>
Minimum procedures
</header>
<text display-inline="yes-display-inline">
The alternative procedures adopted under this section shall include the following:
</text>
<paragraph id="H95704987961B4C31AE05668B9683296C">
<enum>
(1)
</enum>
<text>
For repair, restoration, and replacement of damaged facilities under section 406—
</text>
<subparagraph id="H4361F0A7D6FE4DEB9A83AE7EA73ACBB2">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H4D15B4E1461045F3B006C3D637ED53F6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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—
</text>
<clause id="HB74C232FB26549C5BBE43FA25EDBA126">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HA5736B951CE84800A73845B10B23B91D">
<enum>
(ii)
</enum>
<text>
management expenses;
</text>
</clause>
</subparagraph>
<subparagraph id="HD9B410F330AB4360ABD3CEF84C82737D">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H31937BEF3FAC4CC5BE98983DD1AD662D">
<enum>
(D)
</enum>
<text>
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—
</text>
<clause id="HCFF46DAD5E344FA692AD3FF6435500D0">
<enum>
(i)
</enum>
<text>
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
</text>
</clause>
<clause id="H58A42479937E4DCBBA56D44DFC88598B">
<enum>
(ii)
</enum>
<text>
other activities to improve future Public Assistance operations or planning;
</text>
</clause>
</subparagraph>
<subparagraph id="H0AA09B88D7E1483DAE58DE2F120E03AD">
<enum>
(E)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H01BA5433F5124D68AF6E158F67348A59">
<enum>
(F)
</enum>
<text>
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.
</text>
</subparagraph>
</paragraph>
<paragraph id="H364CD3E455F24FD180747BBF5899FD96">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
</text>
<subparagraph id="H85077159FD3244DC90B059A431D4ADD4">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HFCAD9C5D19C848E2B9CB6EA12FBEE5BC">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H479556C23F904C719C07CE58DF49024E">
<enum>
(C)
</enum>
<text>
allowing use of program income from recycled debris without offset to the grant amount;
</text>
</subparagraph>
<subparagraph id="HA32C03BD4F1A49D28FFBD4011426E78D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
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;
</text>
</subparagraph>
<subparagraph id="H35289411598F4E41AA286C4D4425AA52">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H7F97BFE2DC864B3A963E99571F71F29E">
<enum>
(F)
</enum>
<text>
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—
</text>
<clause id="H81C693002566427CAEE7B39736CB7E19">
<enum>
(i)
</enum>
<text>
debris management planning;
</text>
</clause>
<clause id="H0575A90CDD654847AD77BC0ACBDD8BE8">
<enum>
(ii)
</enum>
<text>
acquisition of debris management equipment for current or future use; and
</text>
</clause>
<clause id="HABFB913056354884B3DA4E01AACC16D3">
<enum>
(iii)
</enum>
<text>
other activities to improve future debris removal operations, as determined by the Administrator.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5C6D144CD1074979BDFA18C6D4F1CBB5">
<enum>
(f)
</enum>
<header>
Waiver authority
</header>
<text display-inline="yes-display-inline">
Until such time as the Administrator promulgates regulations to implement this section, the Administrator may—
</text>
<paragraph id="H4ED8FB37371C41F59ED7D8D43940F76E">
<enum>
(1)
</enum>
<text>
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
</text>
</paragraph>
<paragraph id="HEDC845EB7A9C404980B0E460A3E512D6">
<enum>
(2)
</enum>
<text>
carry out the alternative procedures under this section as a pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HCA403A1121184CD28716C4D0F08003D4">
<enum>
(g)
</enum>
<header>
Overtime payments
</header>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H7648E3F3FC7C455E802E59B3A5E56CC5">
<enum>
(h)
</enum>
<header>
Report
</header>
<paragraph id="HE00D26CD15C54B588B1EAB214450B9E3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HB7BCF16548D74C5D89299D8271F86185">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report shall contain an assessment of the effectiveness of the alternative procedures, including—
</text>
<subparagraph id="HB0D324C40719457CBF7CE11F8382AD75">
<enum>
(A)
</enum>
<text>
whether the alternative procedures helped to improve the general speed of disaster recovery;
</text>
</subparagraph>
<subparagraph id="H1A2954C9916641DFB4C714F7FE265797">
<enum>
(B)
</enum>
<text>
the accuracy of the estimates relied upon;
</text>
</subparagraph>
<subparagraph id="HA16B7B94E362468CA8C530B86F0ECCAE">
<enum>
(C)
</enum>
<text>
whether the financial incentives and disincentives were effective;
</text>
</subparagraph>
<subparagraph id="HF03E3F7DE4904F22BF0BE32036B1421F">
<enum>
(D)
</enum>
<text>
whether the alternative procedures were cost effective;
</text>
</subparagraph>
<subparagraph id="HE427127D438B4D36B5002E3080F8D489">
<enum>
(E)
</enum>
<text>
whether the independent expert panel described in subsection (e)(1)(E) was effective; and
</text>
</subparagraph>
<subparagraph id="H5E913E9D08914D21AAF0B11F36C52B7A">
<enum>
(F)
</enum>
<text>
recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H43CAA50D23EC46BDBE994A5F6B01CC1D">
<enum>
1103.
</enum>
<header>
Federal assistance to individuals and households
</header>
<text display-inline="no-display-inline">
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(c)(1)(B)
</external-xref>
) is amended—
</text>
<paragraph id="HCAE89F5D38034645AB26F55B5FC010F3">
<enum>
(1)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
</text>
</paragraph>
<paragraph id="H77CA387407AD4253BEA92B3348F14412">
<enum>
(2)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="H94A6E4879C3B4C6A8DE7E354837898A1" style="OLC">
<clause id="HFD98BA9048C2400F8F95969FE764D736">
<enum>
(ii)
</enum>
<header>
Lease and repair of rental units for temporary housing
</header>
<subclause id="H3EA3E8C8FCFF49B6BFEC8380326389A2">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
</text>
<item id="H8855DED32F8C43D398E8AAD57427E076">
<enum>
(aa)
</enum>
<text>
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
</text>
</item>
<item id="H273AB40A459946CB965B743E8562875D">
<enum>
(bb)
</enum>
<text>
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
</text>
</item>
</subclause>
<subclause id="HCFB309A24E0445369207434B81C038E9">
<enum>
(II)
</enum>
<header>
Improvements or repairs
</header>
<text>
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs—
</text>
<item id="HC4DD1D7623634E77AE950C02FD5D2507">
<enum>
(aa)
</enum>
<text>
shall be deducted from the value of the lease agreement; and
</text>
</item>
<item id="H336D12000F5146FEB17DDFA8CF91DD2C">
<enum>
(bb)
</enum>
<text>
may not exceed the value of the lease agreement.
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4C26D96BD9774151A42692631A01865C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in clause (iv) (as so redesignated) by striking
<quote>
clause (ii)
</quote>
and inserting
<quote>
clause (iii)
</quote>
.
</text>
</paragraph>
</section>
<section id="H61EE08509DDC49F2A825CF7669EFF977">
<enum>
1104.
</enum>
<header>
Hazard mitigation
</header>
<subsection id="HEC5B54F6C44B4BC89D94B23E3E95ABB5">
<enum>
(a)
</enum>
<header>
Streamlined procedures; advance assistance
</header>
<text>
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H51CA337DE86A4D7C9B226393FFFEB890" style="OLC">
<subsection id="H111ED4583FD24A66AF339F5CCA546575">
<enum>
(d)
</enum>
<header>
Streamlined procedures
</header>
<paragraph id="HCE9F1237802545678B3631242327C4CA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
For the purpose of providing assistance under this section, the President shall ensure that—
</text>
<subparagraph id="H2A2582C71E554B54B643B3E1F7580B70">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="H8C52EB4A59AD4919A198FF3EA5C0A1C2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDB47DF2BE71C4595BDF549FB71E5A419">
<enum>
(2)
</enum>
<header>
Authority for other expedited procedures
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H4F6ADCDD5D474B06A2F81A5DA46ADFA4">
<enum>
(e)
</enum>
<header>
Advance assistance
</header>
<text>
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.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA9052ED4FE1A48A880C1816E92800279">
<enum>
(b)
</enum>
<header>
Establishment of criteria relating to administration of hazard mitigation assistance by states
</header>
<text>
Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c(c)(2)
</external-xref>
) is amended by inserting after
<quote>
applications submitted under paragraph (1).
</quote>
the following:
<quote>
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.
</quote>
.
</text>
</subsection>
<subsection id="H359888054DE6401194BDED879FD5A309">
<enum>
(c)
</enum>
<header>
Applicability
</header>
<text>
The authority under the amendments made by this section shall apply to—
</text>
<paragraph id="H1880167580DE4234A4A39FEDDAA1D694">
<enum>
(1)
</enum>
<text>
any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) on or after the date of enactment of this division; and
</text>
</paragraph>
<paragraph id="H2031C8327C0143C9B5B745A5C9D4EB92">
<enum>
(2)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
<section id="H5053AB56AF0B41099A67F52C71F70391">
<enum>
1105.
</enum>
<header>
Dispute resolution pilot program
</header>
<subsection id="HF36ADFFFD3A0495790EDB1371C40451C">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section, the following definitions apply:
</text>
<paragraph id="H2D2C5EAB2FDE4175A121F1674CAF9FFE">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<quote>
Administrator
</quote>
means the Administrator of the Federal emergency Management Agency.
</text>
</paragraph>
<paragraph id="H79F1419470DD4253A440B58DE670F521">
<enum>
(2)
</enum>
<header>
Eligible assistance
</header>
<text>
The term
<quote>
eligible assistance
</quote>
means assistance—
</text>
<subparagraph id="H2B03271BFF794C56B4CDBA2ED40388A7">
<enum>
(A)
</enum>
<text>
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
, 5172, 5173);
</text>
</subparagraph>
<subparagraph id="HE6E79786AD4C4269B29A280EE5B756C5">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H47691406F44242F0A9C179652A1178DF">
<enum>
(C)
</enum>
<text>
for which the applicant has a non-Federal share; and
</text>
</subparagraph>
<subparagraph id="HCDB603FDDDE8446CBD8D116D9E5FA67A">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
for which the applicant has received a decision on a first appeal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDB98022A81F84ABE82810BECBB8C7992">
<enum>
(b)
</enum>
<header>
Procedures
</header>
<paragraph id="H4757D40EE3C34D00AABDA4DC55B649FB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H2BADB5A9084348E682E25E5B6AF5A0BA">
<enum>
(2)
</enum>
<header>
Binding effect
</header>
<text>
A decision by an independent review panel under this section shall be binding upon the parties to the dispute.
</text>
</paragraph>
<paragraph id="H2674D5262383487CACDBBD25ADD06E17">
<enum>
(3)
</enum>
<header>
Considerations
</header>
<text>
The procedures established under this section shall—
</text>
<subparagraph id="HBDD8BE35FAA34AAD8335992A5E6AF868">
<enum>
(A)
</enum>
<text>
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
</text>
</subparagraph>
<subparagraph id="H6EB809EE612047F297572E7FF43F925D">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H6A7C1FF90828426EB591ED19A9EBC4A7">
<enum>
(C)
</enum>
<text>
require that the sponsor of an independent review panel for any alternative dispute resolution under this section be—
</text>
<clause id="HA9C09B2E6BA94101A319B24BEF682312">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="HC938B0BB6768476D89E0CAD120D6FCC2">
<enum>
(ii)
</enum>
<text>
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;
</text>
</clause>
</subparagraph>
<subparagraph id="HA3E00274821547CBB9D285CB8D57DE1B">
<enum>
(D)
</enum>
<text>
require an independent review panel to—
</text>
<clause id="HFCE9CAC06A104EB9AC1D241C10E27781">
<enum>
(i)
</enum>
<text>
resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance;
</text>
</clause>
<clause id="H59036F68456745F6A29B6E559235C977">
<enum>
(ii)
</enum>
<text>
consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;
</text>
</clause>
<clause id="H4E0ABC8B36594CDF9B1C9F9896C936FB">
<enum>
(iii)
</enum>
<text>
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
</text>
</clause>
<clause id="H9326224298D748339CD6823BA01353DD">
<enum>
(iv)
</enum>
<text>
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;
</text>
</clause>
</subparagraph>
<subparagraph id="H484DC354DC574EC781314D804492C181">
<enum>
(E)
</enum>
<text>
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and
</text>
</subparagraph>
<subparagraph id="HAD66EF8CB05A4EDE989FD42C63E01093">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB15BBDDD35514316AC2B1F896408EE15">
<enum>
(c)
</enum>
<header>
Sunset
</header>
<text>
A request for review by an independent review panel under this section may not be made after December 31, 2015.
</text>
</subsection>
<subsection id="H41A85897B8B245BFBAA3AEE330028EC6">
<enum>
(d)
</enum>
<header>
Report
</header>
<paragraph id="HC1B8144FCA1649558B9B944F1BA52E9E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H30F04DCEE0C7494FA223140AF7479B05">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report submitted under paragraph (1) shall include—
</text>
<subparagraph id="H3F064984EAA14BE69A67C3477CDD515D">
<enum>
(A)
</enum>
<text>
a determination of the availability of data required to complete the report;
</text>
</subparagraph>
<subparagraph id="HD42B57BBED314909B5A0EB1BBCC5B1C3">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HEC1813AEC0A44269A7B95E2F3464574E">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H71177B0775F64CE493139352AB603DED">
<enum>
(D)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HB27907006ECE40559E3837A2B181EE54">
<enum>
(E)
</enum>
<text>
a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and
</text>
</subparagraph>
<subparagraph id="H8C5F665C5DFE4F7787A8070C6F8349DF">
<enum>
(F)
</enum>
<text>
recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HB641C978B915409087DC39D7D55E8C86">
<enum>
1106.
</enum>
<header>
Unified Federal review
</header>
<text display-inline="no-display-inline">
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:
</text>
<quoted-block id="H25C4FEBE54524C0FBE34E863FCE55BD3" style="OLC">
<section id="H5B5A1BDE5FC5431089A2D84770521FE5">
<enum>
429.
</enum>
<header>
Unified Federal review
</header>
<subsection id="H6514D9DE4E90414CB63D24DCE7C58F20">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H67F07240AF6C4BD8A5AF5B88445C9146">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
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.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H9DDC8EEC1201402DB2EC5852B06F716B">
<enum>
1107.
</enum>
<header>
Simplified procedures
</header>
<text display-inline="no-display-inline">
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5189">
42 U.S.C. 5189
</external-xref>
) is amended—
</text>
<paragraph id="H5A35B2923A7546CE918FF4159C4E64CF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
If the Federal estimate
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—If the Federal estimate
</quote>
;
</text>
</paragraph>
<paragraph id="H39D244988A564AF2A4E05799D3420ED2">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))
</quote>
after
<quote>
$35,000
</quote>
the first place it appears;
</text>
</paragraph>
<paragraph id="HFEF55D2047BB4EEEAFBC18307EA3E658">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or, if applicable, the amount established under subsection (b),
</quote>
after
<quote>
$35,000 amount
</quote>
the second place it appears; and
</text>
</paragraph>
<paragraph id="HE959DECE82D04B9380BCC14E0A8E6789">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD7C13CC342C64E87897A7D97935EB5D1" style="OLC">
<subsection id="HD1CEAC6CF1FC40FD91D974DCB36C797A">
<enum>
(b)
</enum>
<header>
Threshold
</header>
<paragraph id="H0329C36785EA42359695A3BCB9557D8F">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
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
<quote>
Administrator
</quote>
), shall—
</text>
<subparagraph id="HE06DB5F0F3B1417C87A4DD343BA1A6BE">
<enum>
(A)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H8DCB134F879F43908D6523BC27F1DEC0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</subparagraph>
</paragraph>
<paragraph id="HDDC0351F8A2C430099B04599F2A7F38E">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
</text>
<subparagraph id="H2CEE6A8E870B484C8C3C583750BC78F4">
<enum>
(A)
</enum>
<text>
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code; and
</text>
</subparagraph>
<subparagraph id="H3AD420B8F2E04CC4BED79AFA47A49EC0">
<enum>
(B)
</enum>
<text>
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD15958B51E643DB85458E3D4CA9EDB1">
<enum>
(3)
</enum>
<header>
Review
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6A10C3C7039F46C3AC42D657394C5F06">
<enum>
1108.
</enum>
<header>
Essential assistance
</header>
<subsection id="H32C459FDF9F944F892447A1B18BF3527">
<enum>
(a)
</enum>
<header>
Other needs assistance
</header>
<text>
Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(e)(1)
</external-xref>
) is amended—
</text>
<paragraph id="H3EBE2EA4870E4FFC86D269DBA4F09C1F">
<enum>
(1)
</enum>
<text>
in the paragraph heading by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
child care,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
dental,
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HE6BF72C5DAF74254AE119D81558B6EBD">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
child care,
</quote>
after
<quote>
dental,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H8687A44F7F93433697666AB35653F2B8">
<enum>
(b)
</enum>
<header>
Salaries and benefits
</header>
<text>
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HB9CC3C126A7F4713AF7772B37D797FFD" style="OLC">
<subsection display-inline="no-display-inline" id="H31CE6A23D1B24D6DB2D913518962CD0E">
<enum>
(d)
</enum>
<header>
Salaries and benefits
</header>
<paragraph id="H31914A892EF3403C8808D90DA39F3B4E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H7C158E1B184349388F1CCB45808782C0">
<enum>
(A)
</enum>
<text>
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
</text>
<clause id="HEC674ECAEB544E8A803FEB00414BDACD">
<enum>
(i)
</enum>
<text>
the work is not typically performed by the employees; and
</text>
</clause>
<clause id="H99C9FB213D49465B89CFA906179D8819">
<enum>
(ii)
</enum>
<text>
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or
</text>
</clause>
</subparagraph>
<subparagraph id="H633502A6D33F456EA851C7E33D9C03F2">
<enum>
(B)
</enum>
<text>
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H74BFC16A753A4C71B5AB5B702D9668EA">
<enum>
(2)
</enum>
<header>
Overtime
</header>
<text>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HA682976E88E44289B4B0974A8499DB8B">
<enum>
(3)
</enum>
<header>
No effect on mutual aid pacts
</header>
<text>
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H3B386FB8844341238A880F490E8D1398">
<enum>
1109.
</enum>
<header>
Individual assistance factors
</header>
<text display-inline="no-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), not later than 1 year after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under
<external-xref legal-doc="regulation" parsable-cite="cfr/44/206.48">
section 206.48
</external-xref>
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.
</text>
</section>
<section id="H5ADC21B8762E4630BED3E88BBA179943">
<enum>
1110.
</enum>
<header>
Tribal requests for a major disaster or emergency declaration under the Stafford Act
</header>
<subsection id="H1CB0EF9F9E1B4314A1E921128AD67D67">
<enum>
(a)
</enum>
<header>
Major disaster requests
</header>
<text>
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170
</external-xref>
) is amended—
</text>
<paragraph id="H58887D8E33AE4E7B834C0DF9A72E91C3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
All requests for a declaration
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general.—
</header-in-text>
All requests for a declaration
</quote>
; and
</text>
</paragraph>
<paragraph id="H21A531AE090B46D8A849DC32742692D9">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HF3EC2191A48E4042B0BA1A45C86BB912" style="OLC">
<subsection id="H18FCD8C768044B2FBAD2F43544E6AF08">
<enum>
(b)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H50A28394B8ED4F1ABA48C696F6AFCC3C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="HFF153579D8EE40FBB4BC5326237BC4BB">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HFA164435C401461DA0042DF7E0486B29">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="HEBEAF15329A846E7800C338CA886CA58">
<enum>
(c)
</enum>
<header>
Cost share adjustments for Indian tribal governments
</header>
<paragraph id="HCFB447187B28475F8369C8A37C515B60">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="HAD02849BA4EB4CCE91C79C5D96712F89">
<enum>
(A)
</enum>
<text>
the President has the authority to waive or adjust the payment under another provision of this title; and
</text>
</subparagraph>
<subparagraph id="H7A836ED5B6C342D4AC513993167885DE">
<enum>
(B)
</enum>
<text>
the President determines that the waiver or adjustment is necessary and appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD8EDDDBAE9EE414C8F9C47B0DC956CFC">
<enum>
(2)
</enum>
<header>
Criteria for making determinations
</header>
<text>
The President shall establish criteria for making determinations under paragraph (1)(B).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6E1954BFD3174F1784017CC856FCA3D4">
<enum>
(b)
</enum>
<header>
Emergency requests
</header>
<text>
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5191">
42 U.S.C. 5191
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H5C553EED6E144DAF91A7268E69DF8A49" style="OLC">
<subsection id="HD0326E579FFD4D829AE71FA939505563">
<enum>
(c)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H7C5AB3EEEE0C48A983312D5D43EAEEFC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H8C6248605CF94AA092C1E219C573DA3C">
<enum>
(2)
</enum>
<header>
References
</header>
<text display-inline="yes-display-inline">
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.
</text>
</paragraph>
<paragraph id="H1E4C3BF405634B479236977946380B37">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEE8E2E8BA0FB4A7CB6FD8D44F9F9F1D5">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
) is amended—
</text>
<paragraph id="HE4CFEB1006C24FE8B4B179BC4B39F2B4">
<enum>
(1)
</enum>
<text>
in paragraph (7)(B) by striking
<quote>
; and
</quote>
and inserting
<quote>
, that is not an Indian tribal government as defined in paragraph (6); and
</quote>
;
</text>
</paragraph>
<paragraph id="HCCC92A66CC1E4A32A7AB23B7FE2ECF1F">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
</text>
</paragraph>
<paragraph id="H2EC5059FC0264071A999BA34638EB34B">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block id="H4B8FEF4BAAE14E21BBF79C92061483FB" style="OLC">
<paragraph id="H44D60E8F4C584A7F8C70A6B139A50AA0">
<enum>
(6)
</enum>
<header>
Indian tribal government
</header>
<text>
The term
<quote>
Indian tribal government
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/25/479a">
25 U.S.C. 479a et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H48864FE7F5DC4D72B317768BA17D54D0">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H0C922BA3C3E84412B98B6A79BD0D169F" style="OLC">
<paragraph id="HF12673B257A4493EBDA155FD89122A03">
<enum>
(12)
</enum>
<header>
Chief executive
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Chief Executive
</quote>
means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HCABDF0940AB0465683104476463BE390">
<enum>
(d)
</enum>
<header>
References
</header>
<text>
Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended by adding after section 102 the following:
</text>
<quoted-block id="H42B9A499E1FB460F9C54E3711ABEF896" style="OLC">
<section id="H5C1D5598DFCF4EE1A41472D587D7F5EF">
<enum>
103.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, any reference in this Act to
<quote>
State and local
</quote>
,
<quote>
State or local
</quote>
,
<quote>
State, and local
</quote>
,
<quote>
State, or local
</quote>
, or
<quote>
State, local
</quote>
(including plurals) with respect to governments or officials and any reference to a
<quote>
local government
</quote>
in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H923D490EDC214F9588E8C68A053099E4">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<paragraph id="H0245E0C1AFE643E6ACE20B5BA4A5FA07">
<enum>
(1)
</enum>
<header>
Issuance
</header>
<text>
The President shall issue regulations to carry out the amendments made by this section.
</text>
</paragraph>
<paragraph id="HD7E33C3696D84FCBAD4F657EA2DFB8DA">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
</text>
</paragraph>
</subsection>
</section>
<section id="H333DD6B480B5432B9BEEE07B6A0299F7">
<enum>
1111.
</enum>
<header>
Recommendations for reducing costs of future disasters
</header>
<subsection id="H1157AA617BC44F869A2C3E662F472C80">
<enum>
(a)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="HA3FDAE47C53E4AF992195D9B96C5F5AF">
<enum>
(b)
</enum>
<header>
National strategy
</header>
<text display-inline="yes-display-inline">
The national strategy should—
</text>
<paragraph id="HEDA4D8EB33464281B848C98767F09E98">
<enum>
(1)
</enum>
<text>
respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
</text>
</paragraph>
<paragraph id="H4D5C6D420E4048D683B47BD6FC7C1F2E">
<enum>
(2)
</enum>
<text>
consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
</text>
</paragraph>
<paragraph id="H22B5247F76BF4C218B0EA187D06CAF9E">
<enum>
(3)
</enum>
<text>
analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
</text>
</paragraph>
<paragraph id="H437FC45FE56C4ED69C521BCBD19C0A88">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
</division>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130115">
Passed the House of Representatives January 15, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
</bill>
| II 113th CONGRESS 1st Session H. R. 152 IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Received; read the first time 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.
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: A disaster relief appropriations act, 2013 I Department of Agriculture domestic food programs food and nutrition service commodity assistance program For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7508(a)(1) ), $6,000,000: Provided , That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act ( 7 U.S.C. 7508 , 7515): Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations for necessary expenses related to the consequences of Hurricane Sandy, $20,000,000, to remain available until expended to conduct studies of flood and storm damage reduction related to natural disasters: Provided, That using $19,500,000 of the funds provided herein, the Secretary of the Army shall conduct, at full Federal expense, a comprehensive study to address the flood risks of vulnerable coastal populations in areas impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That an interim report with an assessment of authorized Corps projects for reducing flooding and storm risks in the affected area that have been constructed or are under construction, including construction cost estimates, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate not later than March 1, 2013: Provided further, That an interim report identifying any previously authorized but unconstructed Corps project and any project under study by the Corps for reducing flooding and storm damage risks in the affected area, including updated construction cost estimates, that are, or would be, consistent with the comprehensive study shall be submitted to the appropriate congressional committees not later than May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees not later than 24 months after the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities that warrant additional analysis by the Corps, as well as institutional and other barriers to providing protection to the affected coastal areas: Provided further, That the Secretary shall conduct the study in coordination with other Federal agencies, and State, local, and Tribal officials to ensure consistency with other plans to be developed, as appropriate: Provided further, That using $500,000 of the funds provided herein, the Secretary shall conduct, at full Federal expense, an evaluation of the performance of existing projects constructed by the Corps and damaged as a consequence of Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements to such projects: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this division. Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $9,000,000, to remain available until expended for repairs to projects that were under construction and damaged as a consequence of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $742,000,000, to remain available until expended to dredge Federal navigation channels, and repair damage to Corps projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies for necessary expenses related to the consequences of Hurricane Sandy, $582,000,000, to remain available until expended to support emergency operations, repairs, and other activities, as authorized by law: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. III Small Business Administration Salaries and expenses For an additional amount for Salaries and Expenses , $10,000,000 for grants to or cooperative agreements with organizations to provide technical assistance related to disaster recovery, response, and long term resiliency to small businesses that are recovering from Hurricane Sandy: Provided, That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas: Provided further, That the Administrator of the Small Business Administration may waive the matching requirements under section 21(a)(4)(A) and 29(c) of the Small Business Act for any grant made using funds made available under this heading: Provided further, That no later than 30 days after the date of enactment of this division, or no less than 7 days prior to obligation of funds, whichever occurs earlier, the Administrator of the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Disaster loans program account (including transfer of funds) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to the consequences of Hurricane Sandy, $100,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for direct administrative expenses of loan making and servicing to carry out the direct loan program authorized by section 7(b) of the Small Business Act in response to Hurricane Sandy, an additional $50,000,000, to remain available until expended, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. IV Department of Homeland Security Coast Guard Acquisition, construction, and improvements (Including transfer of funds) For an additional amount for Acquisition, Construction, and Improvements for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That notwithstanding the transfer limitation contained in section 503 of division D of Public Law 112–74 , such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section: Provided further , That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. Federal Emergency Management Agency Disaster relief fund (Including transfer of funds) For an additional amount for the Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) that is in excess of $1,000,000, the specifics of each such grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 . Science and Technology Research, development, acquisition, and operations For an additional amount for Research, Development, Acquisition, and Operations , for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Domestic Nuclear Detection Office Systems acquisition For an additional amount for Systems Acquisition , for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provision—This Title 401. Funds made available by Public Law 109–88 for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy. V Department of the Interior Fish and wildlife service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National park service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of safety and environmental enforcement Oil spill research For an additional amount for Oil Spill Research for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VI department of health and human services office of the secretary public health and social services emergency fund (including transfers of funds) For an additional amount for Public Health and Social Services Emergency Fund for disaster response and recovery, and other expenses directly related to Hurricane Sandy, including making payments under the Head Start Act and additional payments for distribution as provided for under the “Social Services Block Grant Program”, $100,000,000, to remain available until September 30, 2014: Provided, That not less than $25,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein: Provided further, That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein: Provided further, That not less than $2,000,000 shall be transferred to the Department of Health and Human Services (“HHS”) “Office of Inspector General” to perform oversight, accountability, and evaluation of programs, projects, or activities supported with the funds provided for the purposes provided herein: Provided further, That notwithstanding any other provision of law, the distribution of any amount shall be limited to the States of New York and New Jersey, except that funds provided to “Substance Abuse and Mental Health Services Administration” may be distributed to other States, but only if such funds are for grants, contracts, and cooperative agreements for behavioral health treatment, crisis counseling, and other related helplines, and for other similar programs to provide support to dislocated residents of New York and New Jersey: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of the “base grant” in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph are in addition to the entitlement grants authorized by section 2002(a)(1) of the Social Security Act and shall not be available for such entitlement grants: Provided further, That funds appropriated in this paragraph may be transferred by the Secretary of HHS (“Secretary”) to accounts within HHS, and shall be available only for the purposes provided in this paragraph: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act for fiscal year 2013: Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this division may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agencies Social Security Administration Limitation on Administrative Expenses (including transfer of funds) For an additional amount for ‘‘Limitation on Administrative Expenses”, $2,000,000, for expenses directly related to Hurricane Sandy, which shall be derived from the unobligated balances that remain available under such heading for the Social Security Administration for information technology and telecommunications hardware and software infrastructure: Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VII department of defense military construction Military Construction, Army National Guard For an additional amount for Military Construction, Army National Guard for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017: Provided , That none of the funds made available to the Army National Guard for recovery efforts related to Hurricane Sandy in this division shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further , That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Veterans Affairs Veterans Health Administration Medical Services For an additional amount for Medical Services for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Medical Facilities For an additional amount for “Medical Facilities” for necessary expenses related to the consequences of Hurricane Sandy, $6,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Cemetery Administration For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Departmental Administration Information Technology Systems For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction, Major Projects For an additional amount for “Construction, Major Projects”, $207,000,000, to remain available until September 30, 2017, for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided , That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VIII Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $14,600,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Operating subsidy grants to the national railroad passenger corporation For an additional amount for Operating Subsidy Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy: Provided , That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose: Provided further, That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfer of funds) For an additional amount for Community Development Fund , $3,850,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided , That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development: Provided further, That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data: Provided further, That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a grantee may use up to 5 percent of its overall allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or this heading: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ): Provided further, That, notwithstanding section 104(g)(2) of such Act ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision—Department of housing and urban development 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. IX general provisions—this division 901. Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 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. 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. (2) Not later than June 30, 2013, the Government Accountability Office shall review for the Committees on Appropriations of the House of Representatives and the Senate the design of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this division shall be deemed to be susceptible to significant improper payments for purposes of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this division shall be expended by the grantees within the 24-month period following the agency’s obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. (d) Through September 30, 2015, the Recovery Accountability and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated in this or any other Act for any fiscal year of such period for purposes related to the impact of Hurricane Sandy: Provided , That the Board shall coordinate its oversight efforts with the Director of OMB, the head of each Federal agency receiving appropriations related to the impact of Hurricane Sandy, and the respective Inspector General of each such agency: Provided further , That the Board shall submit quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on its activities related to funds appropriated for the impact of Hurricane Sandy. X Additional Disaster Assistance 1 Department of Agriculture Office of the Secretary Emergency conservation activities (Including transfer of funds) For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 , 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program; 16 U.S.C. 2203 ), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program; 16 U.S.C. 2206 ): Provided , That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provision—this chapter 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 Public Law 110–329 (122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities. 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: (1) $50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy; (2) $7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy; (3) $3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy; (4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites; (5) $50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and (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: 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. 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: (1) $9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy; (2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft; (3) $8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure; (4) $13,000,000 to accelerate the National Weather Service ground readiness project; and (5) $111,000,000 for a weather satellite data mitigation gap reserve fund: 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. 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. 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. 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. 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. 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. 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 Public Law 105–119 , and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading: Provided further , That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government. 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. 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. 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. 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. 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. 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. 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. 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. 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 Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds: Provided further, That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: Provided further, That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy: Provided further, That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $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. 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. 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. General provision—this chapter 1041. This chapter shall apply in place of title II of this division, and such title shall have no force or effect. 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. 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 . 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. 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. 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. 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. 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. 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 . 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 ( 42 U.S.C. 5121 et seq. ), $11,487,735,000, to remain available until expended: Provided , That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That of the total amount provided, $6,108,735,000 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 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters; Provided further , That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 : Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect. 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 ( 42 U.S.C. 5184 ), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program: 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 these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000: Provided further , That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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. 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. 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 ( 42 U.S.C. 5121 et seq. ): Provided further , That individual grants shall not be subject to a non-Federal matching requirement: 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. Construction The provisions under this heading in title V of this division shall be applied by substituting $348,000,000 for $234,000,000 . 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Federal highway administration Federal-aid highways Emergency relief program For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $2,022,000,000, to remain available until expended: Provided , That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000: Provided further, That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy: Provided further, That no funds provided in this division shall be used for section 125(g) of such title: Provided further, That the amount provided 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. 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. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy: Provided, That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer: Provided further, That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes: Provided further, That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including 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 ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided, That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development: Provided further, That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data: Provided further, That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division: Provided further, That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further, That a grantee may use up to 5 percent of its allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provisions—This chapter 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 ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. 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. 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. 1094. This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect. 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. 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. This division may be cited as the Disaster Relief Appropriations Act, 2013 . B Sandy Recovery Improvement Act of 2013 1101. Short title; table of contents (a) Short title This division may be cited as the Sandy Recovery Improvement Act of 2013 . (b) Table of contents The table of contents for this division is as follows: Sec. 1101. Short title; table of contents. Sec. 1102. Public assistance program alternative procedures. Sec. 1103. Federal assistance to individuals and households. Sec. 1104. Hazard mitigation. Sec. 1105. Dispute resolution pilot program. Sec. 1106. Unified Federal review. Sec. 1107. Simplified procedures. Sec. 1108. Essential assistance. Sec. 1109. Individual assistance factors. Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act. Sec. 1111. Recommendations for reducing costs of future disasters. 1102. 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: 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. . 1103. 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) . 1104. 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 division; and (2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division. 1105. 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. 1106. Unified Federal review 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: 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. . 1107. 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. . 1108. 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. . 1109. 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 division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 1110. 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: 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. 1111. Recommendations for reducing costs of future disasters (a) Report to Congress Not later than 180 days after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States. (b) National strategy The national strategy should— (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector; (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards; (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery.
Passed the House of Representatives January 15, 2013. Karen L. Haas, Clerk. |
113-hr-153-ih-dtd | 113-hr-153 | 113 | hr | 153 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr153ih.xml | BILLS-113hr153ih.xml | 2023-01-08 17:42:50.812 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD1FA6CAC2F254031BC4C70D9E5232518" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 153 IH: Veterans Outreach Improvement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 153
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 38, United States Code, to improve the
outreach activities of the Department of Veterans Affairs, and for other
purposes.
</official-title>
</form>
<legis-body id="HA8D9D399A26646509E788CA03E16CF10" style="OLC">
<section display-inline="no-display-inline" id="HA4903E27E1BC455D8CDAFB6932F2BAE2" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Veterans Outreach Improvement Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H12D3AFAC354C4E949669B796B0DF611E">
<enum>
2.
</enum>
<header>
Improvement of
outreach activities within Department of Veterans Affairs
</header>
<subsection id="H4358921D540544939D935695AD46A7C9">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/5">
Chapter 5
</external-xref>
of title 38, United States Code, is amended by
adding at the end the following new subchapter:
</text>
<quoted-block id="H48650748156943FCABE238E7ED151046" style="USC">
<subchapter id="H7D8E95ABFA684AAEBB0A813878924412">
<enum>
IV
</enum>
<header>
OUTREACH
ACTIVITIES
</header>
<section id="H4B3C7CB3FFCB452DB329CD4DCD18B05E">
<enum>
561.
</enum>
<header>
Outreach
activities: coordination of activities within the Department
</header>
<subsection id="H76B080A8585F45709C75655B35F7BC97">
<enum>
(a)
</enum>
<header>
Coordination
Procedures
</header>
<text>
The Secretary shall establish and maintain procedures
for ensuring the effective coordination of the outreach activities of the
Department between and among the following:
</text>
<paragraph id="H8435D754ACE745BCA323D33DAF25C18B">
<enum>
(1)
</enum>
<text>
The Office of the
Secretary.
</text>
</paragraph>
<paragraph id="H73600CFE875C4BF3945C04B1034D42EA">
<enum>
(2)
</enum>
<text>
The Office of
Public Affairs.
</text>
</paragraph>
<paragraph id="H84E632FC95EC400FBA5C2D33CBEFF029">
<enum>
(3)
</enum>
<text>
The Veterans
Health Administration.
</text>
</paragraph>
<paragraph id="H67FD16AE81EA4B88B484A4A263B862DB">
<enum>
(4)
</enum>
<text>
The Veterans
Benefits Administration.
</text>
</paragraph>
<paragraph id="HBBA19975859A47239CBC9907B2056FDC">
<enum>
(5)
</enum>
<text>
The National
Cemetery Administration.
</text>
</paragraph>
</subsection>
<subsection id="H371C4FF7DF3D4D61BB023D6882AECF1A">
<enum>
(b)
</enum>
<header>
Annual Review of
Procedures
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H934C3B16C8B249D5AFB72D5ADD236B71">
<enum>
(1)
</enum>
<text>
annually review
the procedures in effect under subsection (a) for the purpose of ensuring that
those procedures meet the requirements of that subsection; and
</text>
</paragraph>
<paragraph id="H2CA1A5F7DDE94EAA9B6C6389BD1889E4">
<enum>
(2)
</enum>
<text>
make such
modifications to those procedures as the Secretary considers appropriate in
light of such review in order to better achieve that purpose.
</text>
</paragraph>
</subsection>
</section>
<section id="H37D567B3992443FD975B5AE8F8DBE149">
<enum>
562.
</enum>
<header>
Outreach
activities: cooperative activities with States; grants to States for
improvement of outreach
</header>
<subsection id="H084D878EFE8E4C1E970DD62892F8099C">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
It
is the purpose of this section to provide for assistance by the Secretary to
State and county veterans agencies to carry out programs in locations within
the respective jurisdictions of such agencies that offer a high probability of
improving outreach and assistance to veterans, and to the spouses, children,
and parents of veterans, to ensure that such individuals are fully informed
about, and assisted in applying for, any veterans’ and veterans-related
benefits and programs (including State veterans’ programs) for which they may
be eligible.
</text>
</subsection>
<subsection id="HE2D140E0228D430280571DD02762EDC1">
<enum>
(b)
</enum>
<header>
Priority for
Areas With High Concentration of Eligible Individuals
</header>
<text>
In
providing assistance under this section, the Secretary shall give priority to
State and county veteran agencies in locations—
</text>
<paragraph id="H9B06ABCE56874417BA9A5826B2B5AB0A">
<enum>
(1)
</enum>
<text>
that have
relatively large concentrations of populations of veterans and other
individuals referred to in subsection (a); or
</text>
</paragraph>
<paragraph id="H4FF6BC22168947F5BAC4FF005F9FD12F">
<enum>
(2)
</enum>
<text>
that are
experiencing growth in the population of veterans and other individuals
referred to in subsection (a).
</text>
</paragraph>
</subsection>
<subsection id="H7AED27BEB8964C47A2546EFF07BCB7B6">
<enum>
(c)
</enum>
<header>
Contracts for
Outreach Services
</header>
<text>
The Secretary may enter into a contract with a
State or county veterans agency in order to carry out, coordinate, improve, or
otherwise enhance outreach by the Department and the State or county (including
outreach with respect to a State or county veterans program). As a condition of
entering into any such contract, the Secretary shall require the agency to
submit annually to the Secretary a three-year plan for the use of any funds
provided to the agency pursuant to the contract and to meet the annual outcome
measures developed by the Secretary under subsection (d)(4).
</text>
</subsection>
<subsection id="H313E4061080444C38A481A5515AD7238">
<enum>
(d)
</enum>
<header>
Grants
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="H794D716130784590A1EC51D0EFEC010E">
<enum>
(1)
</enum>
<text>
The Secretary may make a
grant to a State or county veterans agency to be used to carry out, coordinate,
improve, or otherwise enhance—
</text>
<subparagraph id="HA21A604C930940C0814C090D8F1A5171" indent="up1">
<enum>
(A)
</enum>
<text>
outreach activities, including
activities carried out pursuant to a contract entered into under subsection
(c); and
</text>
</subparagraph>
<subparagraph id="HB78996DFB41446CA92C5B88C00850C36" indent="up1">
<enum>
(B)
</enum>
<text>
activities to assist in the
development and submittal of claims for veterans and veterans-related benefits,
including activities carried out pursuant to a contract entered into under
subsection (c).
</text>
</subparagraph>
</paragraph>
<paragraph id="H13F3D1EFCA724AB78389FFE86F0D46A4" indent="up1">
<enum>
(2)
</enum>
<text>
A State veterans agency that receives
a grant under this subsection may award all or a portion of the grant to county
veterans agencies within the State to provide outreach services for veterans,
on the basis of the number of veterans residing in the jurisdiction of each
county.
</text>
</paragraph>
<paragraph id="H7758281F36DD4F159016CF591A924A54" indent="up1">
<enum>
(3)
</enum>
<text>
To be eligible for a grant under this
subsection, a State or county veterans agency shall submit to the Secretary an
application containing such information and assurances as the Secretary may
require. The Secretary shall require a State or county veterans agency to
include, as part of the agency’s application—
</text>
<subparagraph id="H9A2728D3AF2E4EA780E7E9EC05F23743">
<enum>
(A)
</enum>
<text>
a three-year plan for the use of the
grant; and
</text>
</subparagraph>
<subparagraph id="HF0188414162E407983724164C565F8D8">
<enum>
(B)
</enum>
<text>
a description of the programs through
which the agency will meet the annual outcome measures developed by the
Secretary under paragraph (4).
</text>
</subparagraph>
</paragraph>
<paragraph id="H60DB9E70F92C4A639EE7A663F65FCA72" indent="up1">
<enum>
(4)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HDCEBA8860CF74C6BB799C1F3EA791B00">
<enum>
(A)
</enum>
<text>
The Secretary shall
develop and provide to the recipient of a grant under this subsection written
guidance on annual outcome measures, Department policies, and procedures for
applying for grants under this section.
</text>
</subparagraph>
<subparagraph id="H27D94326F2FF44C7B77822D380E9789E" indent="up1">
<enum>
(B)
</enum>
<text>
The Secretary shall annually review
the performance of each State or county veterans agency that receives a grant
under this section.
</text>
</subparagraph>
<subparagraph id="H2D5C3366B8DF4A4FBB1B78BD4886C9A1" indent="up1">
<enum>
(C)
</enum>
<text>
In the case of a State or county
veterans agency that is a recipient of a grant under this subsection that does
not meet the annual outcome measures developed by the Secretary, the Secretary
shall require the agency to submit a remediation plan under which the agency
shall describe how and when it plans to meet such outcome measures. The
Secretary must approve such plan before the Secretary may make a subsequent
grant to that agency under this subsection.
</text>
</subparagraph>
</paragraph>
<paragraph id="H21394E3B949D4AC09AB8136D78DE4DA4" indent="up1">
<enum>
(5)
</enum>
<text>
No portion of any grant awarded under
this subsection may be used for the purposes of administering the grant funds
or to subsidize the salaries of State or county veterans service officers or
other employees of a State or county veterans agency that receives a grant
under this subsection.
</text>
</paragraph>
<paragraph id="H95CD123A0BE743168C30C0EC6FADDDEB" indent="up1">
<enum>
(6)
</enum>
<text>
Federal funds provided to a State or
county veterans agency under this subsection may not be used to provide more
than 50 percent of the total cost of the State or county government activities
described in paragraph (1) and shall be used to expand existing outreach
programs and services and not to supplant State and local funding that is
otherwise available.
</text>
</paragraph>
<paragraph id="H7704CF4486BC44FD97D46C60C3BF2EC4" indent="up1">
<enum>
(7)
</enum>
<text>
In awarding grants under this
subsection, the Secretary shall give priority to State and county veterans
agencies that serve the largest populations of veterans.
</text>
</paragraph>
<paragraph id="H3208F725992C4F94B6AB636E5F6D2E92" indent="up1">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H9910452404D24915BE0B698B60D92325">
<enum>
(A)
</enum>
<text>
In a case in which a
county government does not have a county veterans agency, the county government
may be awarded a grant under this subsection to establish such an
agency.
</text>
</subparagraph>
<subparagraph id="HADAEB199266E4281A197767098FDCC35" indent="up1">
<enum>
(B)
</enum>
<text>
In a case in which a county
government does not have a county veterans agency and does not seek to
establish such an agency through the use of a grant under this subsection, the
State veterans agency for the State in which the county is located may use a
grant under this section to provide outreach services for that county.
</text>
</subparagraph>
<subparagraph id="H9DB2062578F741BB9808877E681F5107" indent="up1">
<enum>
(C)
</enum>
<text>
In the case of a State in which no
State or county veterans agency seeks to receive a grant under this subsection,
the funds that would otherwise be allocated for that State shall be reallocated
to those States in which county veterans agencies exist and have sought grants
under this subsection.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1D06A17ADB4D448BA7CB52CD7A4EEE16" indent="up1">
<enum>
(9)
</enum>
<text>
A grant under this subsection may be
used to provide education and training, including on-the-job training, for
State, county, and local government employees who provide (or when trained will
provide) veterans outreach services in order for those employees to obtain
accreditation in accordance with procedures approved by the Secretary and, for
employees so accredited, for purposes of continuing education.
</text>
</paragraph>
</subsection>
<subsection id="HD76B1305867E4B3DB185E98DAECFC7BF">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
For
the purposes of this section:
</text>
<paragraph id="H991CA785D0634F389FCF6EF5B4476C32">
<enum>
(1)
</enum>
<text>
The term
<term>
State veterans agency
</term>
means the element of the government of a
State that has responsibility for programs and activities of that State
government relating to veterans benefits.
</text>
</paragraph>
<paragraph id="HD0878BDAFCCF4899B6BB1A3CDCE49A76">
<enum>
(2)
</enum>
<text>
The term
<term>
county veterans agency
</term>
means the element of the government of a
county or municipality that has responsibility for programs and activities of
that county or municipal government relating to veterans benefits.
</text>
</paragraph>
</subsection>
</section>
<section id="H3D0EA3CDFED84EE797157FADCB89F7AF">
<enum>
563.
</enum>
<header>
Outreach
activities: funding
</header>
<subsection id="HB18D7EF8C49744288F281C3B12209FEC">
<enum>
(a)
</enum>
<header>
Separate
Account
</header>
<text>
Amounts for the outreach activities of the Department
under this subchapter shall be budgeted and appropriated through a separate
appropriation account.
</text>
</subsection>
<subsection id="H7C0D9B352A2B46AB896272D0D5EA57CB">
<enum>
(b)
</enum>
<header>
Separate
Statement of Amount
</header>
<text>
In the budget justification materials
submitted to Congress in support of the Department budget for any fiscal year
(as submitted with the budget of the President under section 1105(a) of title
31), the Secretary shall include a separate statement of the amount requested
to be appropriated for that fiscal year for the account specified in subsection
(a).
</text>
</subsection>
</section>
<section id="H2A84237287294A2F94B9E9E0E5F07393">
<enum>
564.
</enum>
<header>
Definition of
outreach
</header>
<text display-inline="no-display-inline">
For purposes of this
subchapter, the term
<quote>
outreach
</quote>
means the act or process of taking
steps in a systematic manner to provide information, services, and benefits
counseling to veterans, and the survivors of veterans, who may be eligible to
receive benefits under the laws administered by the Secretary to ensure that
those individuals are fully informed about, and assisted in applying for, any
benefits and programs under such laws for which they may be eligible.
</text>
</section>
<section id="H11B688710FE34B5383514228C0FB2CFD">
<enum>
565.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There is
authorized to be appropriated to the Secretary for each of fiscal years 2013,
2014, and 2015, $25,000,000 to carry out this subchapter, including making
grants under section 562(d) of this
title.
</text>
</section>
</subchapter>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H7542D403D3CA44EBAF65A49EFCEA64B9">
<enum>
(b)
</enum>
<header>
Clerical
Amendment
</header>
<text>
The table of sections at the beginning of such chapter
is amended by adding at the end the following new items:
</text>
<quoted-block id="H60C481095BB84F36B6C778BD978F78D9" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="subchapter">
subchapter iv—outreach
activities
</toc-entry>
<toc-entry level="section">
561. Outreach activities: coordination of
activities within the Department.
</toc-entry>
<toc-entry level="section">
562. Outreach activities: cooperative
activities with States; grants to States for improvement of
outreach.
</toc-entry>
<toc-entry level="section">
563. Outreach activities:
funding.
</toc-entry>
<toc-entry level="section">
564. Definition of outreach.
</toc-entry>
<toc-entry level="section">
565. Authorization of
appropriations.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H3188D6458291439DACE261747119E6AB">
<enum>
(c)
</enum>
<header>
Deadline for
Implementation
</header>
<text>
The Secretary of Veterans Affairs shall implement
the outreach activities required under subchapter IV of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/5">
chapter 5
</external-xref>
of title 38,
United States Code, as added by subsection (a), by not later than 120 days
after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 153 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Veterans Outreach Improvement Act of 2013 . 2. Improvement of outreach activities within Department of Veterans Affairs (a) In General Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: IV OUTREACH ACTIVITIES 561. Outreach activities: coordination of activities within the Department (a) Coordination Procedures The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: (1) The Office of the Secretary. (2) The Office of Public Affairs. (3) The Veterans Health Administration. (4) The Veterans Benefits Administration. (5) The National Cemetery Administration. (b) Annual Review of Procedures The Secretary shall— (1) annually review the procedures in effect under subsection (a) for the purpose of ensuring that those procedures meet the requirements of that subsection; and (2) make such modifications to those procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach (a) Purpose It is the purpose of this section to provide for assistance by the Secretary to State and county veterans agencies to carry out programs in locations within the respective jurisdictions of such agencies that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans’ and veterans-related benefits and programs (including State veterans’ programs) for which they may be eligible. (b) Priority for Areas With High Concentration of Eligible Individuals In providing assistance under this section, the Secretary shall give priority to State and county veteran agencies in locations— (1) that have relatively large concentrations of populations of veterans and other individuals referred to in subsection (a); or (2) that are experiencing growth in the population of veterans and other individuals referred to in subsection (a). (c) Contracts for Outreach Services The Secretary may enter into a contract with a State or county veterans agency in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the State or county (including outreach with respect to a State or county veterans program). As a condition of entering into any such contract, the Secretary shall require the agency to submit annually to the Secretary a three-year plan for the use of any funds provided to the agency pursuant to the contract and to meet the annual outcome measures developed by the Secretary under subsection (d)(4). (d) Grants (1) The Secretary may make a grant to a State or county veterans agency to be used to carry out, coordinate, improve, or otherwise enhance— (A) outreach activities, including activities carried out pursuant to a contract entered into under subsection (c); and (B) activities to assist in the development and submittal of claims for veterans and veterans-related benefits, including activities carried out pursuant to a contract entered into under subsection (c). (2) A State veterans agency that receives a grant under this subsection may award all or a portion of the grant to county veterans agencies within the State to provide outreach services for veterans, on the basis of the number of veterans residing in the jurisdiction of each county. (3) To be eligible for a grant under this subsection, a State or county veterans agency shall submit to the Secretary an application containing such information and assurances as the Secretary may require. The Secretary shall require a State or county veterans agency to include, as part of the agency’s application— (A) a three-year plan for the use of the grant; and (B) a description of the programs through which the agency will meet the annual outcome measures developed by the Secretary under paragraph (4). (4) (A) The Secretary shall develop and provide to the recipient of a grant under this subsection written guidance on annual outcome measures, Department policies, and procedures for applying for grants under this section. (B) The Secretary shall annually review the performance of each State or county veterans agency that receives a grant under this section. (C) In the case of a State or county veterans agency that is a recipient of a grant under this subsection that does not meet the annual outcome measures developed by the Secretary, the Secretary shall require the agency to submit a remediation plan under which the agency shall describe how and when it plans to meet such outcome measures. The Secretary must approve such plan before the Secretary may make a subsequent grant to that agency under this subsection. (5) No portion of any grant awarded under this subsection may be used for the purposes of administering the grant funds or to subsidize the salaries of State or county veterans service officers or other employees of a State or county veterans agency that receives a grant under this subsection. (6) Federal funds provided to a State or county veterans agency under this subsection may not be used to provide more than 50 percent of the total cost of the State or county government activities described in paragraph (1) and shall be used to expand existing outreach programs and services and not to supplant State and local funding that is otherwise available. (7) In awarding grants under this subsection, the Secretary shall give priority to State and county veterans agencies that serve the largest populations of veterans. (8) (A) In a case in which a county government does not have a county veterans agency, the county government may be awarded a grant under this subsection to establish such an agency. (B) In a case in which a county government does not have a county veterans agency and does not seek to establish such an agency through the use of a grant under this subsection, the State veterans agency for the State in which the county is located may use a grant under this section to provide outreach services for that county. (C) In the case of a State in which no State or county veterans agency seeks to receive a grant under this subsection, the funds that would otherwise be allocated for that State shall be reallocated to those States in which county veterans agencies exist and have sought grants under this subsection. (9) A grant under this subsection may be used to provide education and training, including on-the-job training, for State, county, and local government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary and, for employees so accredited, for purposes of continuing education. (e) Definitions For the purposes of this section: (1) The term State veterans agency means the element of the government of a State that has responsibility for programs and activities of that State government relating to veterans benefits. (2) The term county veterans agency means the element of the government of a county or municipality that has responsibility for programs and activities of that county or municipal government relating to veterans benefits. 563. Outreach activities: funding (a) Separate Account Amounts for the outreach activities of the Department under this subchapter shall be budgeted and appropriated through a separate appropriation account. (b) Separate Statement of Amount In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in subsection (a). 564. Definition of outreach For purposes of this subchapter, the term outreach means the act or process of taking steps in a systematic manner to provide information, services, and benefits counseling to veterans, and the survivors of veterans, who may be eligible to receive benefits under the laws administered by the Secretary to ensure that those individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws for which they may be eligible. 565. Authorization of appropriations There is authorized to be appropriated to the Secretary for each of fiscal years 2013, 2014, and 2015, $25,000,000 to carry out this subchapter, including making grants under section 562(d) of this title. . (b) Clerical Amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new items: subchapter iv—outreach activities 561. Outreach activities: coordination of activities within the Department. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach. 563. Outreach activities: funding. 564. Definition of outreach. 565. Authorization of appropriations. . (c) Deadline for Implementation The Secretary of Veterans Affairs shall implement the outreach activities required under subchapter IV of chapter 5 of title 38, United States Code, as added by subsection (a), by not later than 120 days after the date of the enactment of this Act. |
113-hr-154-ih-dtd | 113-hr-154 | 113 | hr | 154 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr154ih.xml | BILLS-113hr154ih.xml | 2023-01-08 17:42:50.707 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H9DC028A7BC764281B2E87EAEB6D7CD05" public-private="public">
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<dc:title>
113 HR 154 IH: To amend title 38, United States Code, to establish a Department of Veterans Affairs Medal for Distinguished Public Service to honor veterans who make remarkable and distinguished contributions to their communities.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
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text/xml
</dc:format>
<dc:language>
EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 154
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 38, United States Code, to establish a
Department of Veterans Affairs Medal for Distinguished Public Service to honor
veterans who make remarkable and distinguished contributions to their
communities.
</official-title>
</form>
<legis-body id="HA7A6BB9C5F2A490BB0E1A534B7B2A7D1" style="OLC">
<section id="H4DD6974BE2894885945818B9DAD62496" section-type="section-one">
<enum>
1.
</enum>
<header>
Department of Veterans
Affairs Medal for Distinguished Public Service
</header>
<subsection id="H407D2EE98BC549EB95A934282CDC85B4">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text display-inline="yes-display-inline">
Subchapter II of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/5">
chapter 5
</external-xref>
of title 38,
United States Code, is amended by adding at the end the following new
section:
</text>
<quoted-block display-inline="no-display-inline" id="HDAE4C62C6AAD4202876F346D95DD4B6F" style="OLC">
<section id="H6AD9B14873D647C4AAA83A98C5001AB6">
<enum>
533.
</enum>
<header>
Department of
Veterans Affairs Medal for Distinguished Public Service
</header>
<subsection id="H6C7B577C6BC04BB4B8D813B0ADB511A5">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary may
award a decoration called the
<term>
Department of Veterans Affairs Medal for
Distinguished Public Service
</term>
to a veteran described in subsection
(b).
</text>
</subsection>
<subsection id="HD4D7424845E0440093E466724023F14A">
<enum>
(b)
</enum>
<header>
Veteran
described
</header>
<text>
A veteran described in this subsection is a veteran
whom the Secretary determines has, during the period after the date of the
veteran’s discharge or release from the active military, naval, or air
service—
</text>
<paragraph id="H0EDDF147D50A4A9DA978EF23404F682A">
<enum>
(1)
</enum>
<text>
made remarkable
and distinguished contributions to the community of the veteran; and
</text>
</paragraph>
<paragraph id="H5EF5D81C19A24A33890BD8B9B00EC34A">
<enum>
(2)
</enum>
<text>
exemplified the
virtues of honor, duty, and commitment to service that originally led the
veteran to service in the Armed Forces.
</text>
</paragraph>
</subsection>
<subsection id="HEF4D8FC8A83A4D7AB0D979DB344CE7BE">
<enum>
(c)
</enum>
<header>
Posthumous
award
</header>
<text display-inline="yes-display-inline">
The Secretary may award
the medal under this section to a veteran described in subsection (b) who is
deceased.
</text>
</subsection>
<subsection id="HDD622FD8BB6640CFB205BAE761EEBF5E">
<enum>
(d)
</enum>
<header>
Regulations
</header>
<text display-inline="yes-display-inline">
The Secretary may prescribe regulations to
carry out this
section.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H0EF167FB31F2467A99ED02E8BADFC38E">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
sections at the beginning of such chapter of such title is amended by inserting
after the item relating to section 532 the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="HDEDA14056C5249748E27206D3F9842BA" style="USC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
533. Department of Veterans Affairs Medal
for Distinguished Public Service.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 154 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a Department of Veterans Affairs Medal for Distinguished Public Service to honor veterans who make remarkable and distinguished contributions to their communities.
1. Department of Veterans Affairs Medal for Distinguished Public Service (a) Establishment Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: 533. Department of Veterans Affairs Medal for Distinguished Public Service (a) In general The Secretary may award a decoration called the Department of Veterans Affairs Medal for Distinguished Public Service to a veteran described in subsection (b). (b) Veteran described A veteran described in this subsection is a veteran whom the Secretary determines has, during the period after the date of the veteran’s discharge or release from the active military, naval, or air service— (1) made remarkable and distinguished contributions to the community of the veteran; and (2) exemplified the virtues of honor, duty, and commitment to service that originally led the veteran to service in the Armed Forces. (c) Posthumous award The Secretary may award the medal under this section to a veteran described in subsection (b) who is deceased. (d) Regulations The Secretary may prescribe regulations to carry out this section. . (b) Clerical amendment The table of sections at the beginning of such chapter of such title is amended by inserting after the item relating to section 532 the following new item: 533. Department of Veterans Affairs Medal for Distinguished Public Service. . |
113-hr-155-ih-dtd | 113-hr-155 | 113 | hr | 155 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr155ih.xml | BILLS-113hr155ih.xml | 2023-01-08 17:42:50.092 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H9E342BF3EBE440E6BCA2C36199770995" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 155 IH: Notch Fairness Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 155
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title II of the Social Security Act to allow
workers who attain age 65 after 1981 and before 1992 to choose either lump sum
payments over four years totalling $5,000 or an improved benefit computation
formula under a new 10-year rule governing the transition to the changes in
benefit computation rules enacted in the Social Security Amendments of 1977,
and for other purposes.
</official-title>
</form>
<legis-body id="H417D37DDCF5F463CB2334EB17FAEAC6A" style="OLC">
<section display-inline="no-display-inline" id="H493C544E3C424B1DA3C6D4386AACCE76" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Notch Fairness Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H2ED7D25772F6440FBC1CBF5F444241B0">
<enum>
2.
</enum>
<header>
New guaranteed
minimum primary insurance amount where eligibility arises during transitional
period
</header>
<subsection id="H499E532B05A84C69A2A984BC18ADDA9C">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
Section 215(a) of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
is amended—
</text>
<paragraph id="H5B2173BCD72B4453AA9777F6CDAC26D1">
<enum>
(1)
</enum>
<text>
in paragraph
(4)(B), by inserting
<quote>
(with or without the application of paragraph
(8))
</quote>
after
<quote>
would be made
</quote>
, and by striking
<quote>
1984
</quote>
in clause (i) and inserting
<quote>
1989
</quote>
; and
</text>
</paragraph>
<paragraph id="H6458FBE524FA4447A596E8AAD4363BE5">
<enum>
(2)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HE7B669EEDB8B45F5BA4895835C3921BB" style="OLC">
<paragraph id="HC71F2C66FB9E4E2BBC6E0CC42D4AF640" indent="up1">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H44F3A0A9A86C4D0DB771EDBFD5BCF03B">
<enum>
(A)
</enum>
<text>
In the case of an
individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G)
of this paragraph), the amount of the individual’s primary insurance amount as
computed or recomputed under paragraph (1) shall be deemed equal to the sum
of—
</text>
<clause id="H815090B151C7497691D9BAD13E7C58CD" indent="up1">
<enum>
(i)
</enum>
<text>
such amount, and
</text>
</clause>
<clause id="H0692C2E740B04B8A9624B8B785E9F410" indent="up1">
<enum>
(ii)
</enum>
<text>
the applicable transitional increase
amount (if any).
</text>
</clause>
</subparagraph>
<subparagraph id="H21F1F2310AC64A219B23341B8055F309" indent="up1">
<enum>
(B)
</enum>
<text>
For purposes of subparagraph (A)(ii),
the term
<term>
applicable transitional increase amount
</term>
means, in the
case of any individual, the product derived by multiplying—
</text>
<clause id="H85CE64C780024072994DEF0BBE3267E2">
<enum>
(i)
</enum>
<text>
the excess under former law, by
</text>
</clause>
<clause id="H34528BF9AB924F719ACA7821CB3E12C1">
<enum>
(ii)
</enum>
<text>
the applicable percentage in relation
to the year in which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
</text>
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.0" subformat="S6211" table-template-name="Flush/hang, 1 text, 1 num, bold hds" table-type="Leaderwork">
<tgroup cols="2" rowsep="0">
<colspec coldef="txt" colname="column1" colwidth="249.00pt" min-data-value="250"/>
<colspec coldef="fig" colname="column2" colwidth="161.25pt" min-data-value="5"/>
<thead>
<row>
<entry align="left" colname="column1" morerows="0" namest="column1" rowsep="0">
<bold>
If the individual
becomes
</bold>
</entry>
<entry align="right" colname="column2" morerows="0" namest="column2" rowsep="0">
<bold>
The applicable
</bold>
</entry>
</row>
<row>
<entry align="left" colname="column1" morerows="0" namest="column1" rowsep="0">
<bold>
eligible for such benefits
in:
</bold>
</entry>
<entry align="right" colname="column2" morerows="0" namest="column2" rowsep="0">
<bold>
percentage is:
</bold>
</entry>
</row>
</thead>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1979
</entry>
<entry align="right" colname="column2" rowsep="0">
55
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1980
</entry>
<entry align="right" colname="column2" rowsep="0">
45
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1981
</entry>
<entry align="right" colname="column2" rowsep="0">
35
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1982
</entry>
<entry align="right" colname="column2" rowsep="0">
32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1983
</entry>
<entry align="right" colname="column2" rowsep="0">
25
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1984
</entry>
<entry align="right" colname="column2" rowsep="0">
20
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1985
</entry>
<entry align="right" colname="column2" rowsep="0">
16
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1986
</entry>
<entry align="right" colname="column2" rowsep="0">
10
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1987
</entry>
<entry align="right" colname="column2" rowsep="0">
3
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
1988
</entry>
<entry align="right" colname="column2" rowsep="0">
5.
</entry>
</row>
</tbody>
</tgroup>
</table>
</clause>
</subparagraph>
<subparagraph id="H849B98F5886240C8B73280AA0D36F8FE" indent="up1">
<enum>
(C)
</enum>
<text>
For purposes of subparagraph (B), the
term
<term>
excess under former law
</term>
means, in the case of any individual,
the excess of—
</text>
<clause id="H82D07749D6664AA986A47722D2D6C2BB">
<enum>
(i)
</enum>
<text>
the applicable former law primary
insurance amount, over
</text>
</clause>
<clause id="H426358C4096249B68B887D7CA6B86060">
<enum>
(ii)
</enum>
<text>
the amount which would be such
individual’s primary insurance amount if computed or recomputed under this
section without regard to this paragraph and paragraphs (4), (5), and
(6).
</text>
</clause>
</subparagraph>
<subparagraph id="HB5C3BD2EF1924608867A2420C31EA187" indent="up1">
<enum>
(D)
</enum>
<text>
For purposes of subparagraph (C)(i),
the term
<term>
applicable former law primary insurance amount
</term>
means, in
the case of any individual, the amount which would be such individual’s primary
insurance amount if it were—
</text>
<clause id="H56952D267A284B30A31DB7884F29EFBD">
<enum>
(i)
</enum>
<text>
computed or recomputed (pursuant to
paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978,
or
</text>
</clause>
<clause id="H7BFD68A0B7E84165B01EA80203F568A3">
<enum>
(ii)
</enum>
<text>
computed or recomputed (pursuant to
paragraph (4)(B)(ii)) as provided by subsection (d),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
(as
applicable) and modified as provided by subparagraph (E).
</continuation-text>
</subparagraph>
<subparagraph id="HD499055705F842CE86C40A16F6450A60" indent="up1">
<enum>
(E)
</enum>
<text>
In determining the amount which would
be an individual’s primary insurance amount as provided in subparagraph
(D)—
</text>
<clause id="H4B5712CDE21646AFA36CF95E0C443C49">
<enum>
(i)
</enum>
<text>
subsection (b)(4) shall not
apply;
</text>
</clause>
<clause id="H6B7ADCBA705647D9B02C7653C66F6B2F">
<enum>
(ii)
</enum>
<text>
section 215(b) as in effect in
December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual’s
<quote>
computation base
years
</quote>
may include only calendar years in the period after 1950 (or 1936
if applicable) and ending with the calendar year in which such individual
attains age 61, plus the 3 calendar years after such period for which the total
of such individual’s wages and self-employment income is the largest;
and
</text>
</clause>
<clause id="HEF162CB19DBE4ABABDCD810CDDC198B9">
<enum>
(iii)
</enum>
<text>
subdivision (I) in the last sentence
of paragraph (4) shall be applied as though the words
<quote>
without regard to
any increases in that table
</quote>
in such subdivision read
<quote>
including
any increases in that table
</quote>
.
</text>
</clause>
</subparagraph>
<subparagraph id="HF88F1A883C1B4395BE363771DA2B7966" indent="up1">
<enum>
(F)
</enum>
<text>
This paragraph shall apply in the
case of any individual only if such application results in a primary insurance
amount for such individual that is greater than it would be if computed or
recomputed under paragraph (4)(B) without regard to this paragraph.
</text>
</subparagraph>
<subparagraph id="HEA74CF44E31A4F26A3EC2221A8E233C1" indent="up1">
<enum>
(G)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HB8AB304910BD470BA45E702F463C4D44">
<enum>
(i)
</enum>
<text>
This paragraph shall
apply in the case of any individual subject to any timely election to receive
lump sum payments under this subparagraph.
</text>
</clause>
<clause id="H36023F07205E4D88B06E93F084AF4A2D" indent="up1">
<enum>
(ii)
</enum>
<text>
A written election to receive lump
sum payments under this subparagraph, in lieu of the application of this
paragraph to the computation of the primary insurance amount of an individual
described in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations of the
Commissioner. Any such election may be filed by such individual or, in the
event of such individual’s death before any such election is filed by such
individual, by any other beneficiary entitled to benefits under section 202 on
the basis of such individual’s wages and self-employment income. Any such
election filed after December 31, 2013, shall be null and void and of no
effect.
</text>
</clause>
<clause id="H4D1FF01BE20F4E19BF12ACA25CBA82D9" indent="up1">
<enum>
(iii)
</enum>
<text>
Upon receipt by the Commissioner of
a timely election filed by the individual described in paragraph (4)(B) in
accordance with clause (ii)—
</text>
<subclause id="H439B47E3CB444EC496D44E50891458BE">
<enum>
(I)
</enum>
<text>
the Commissioner shall certify receipt
of such election to the Secretary of the Treasury, and the Secretary of the
Treasury, after receipt of such certification, shall pay such individual, from
amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total
amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first
of which shall be made during fiscal year 2014 not later than July 1, 2014,
and
</text>
</subclause>
<subclause id="HA512068FB4E443F5B5C1D35639AC32B7">
<enum>
(II)
</enum>
<text>
subparagraph (A) shall not apply in
determining such individual’s primary insurance amount.
</text>
</subclause>
</clause>
<clause id="H8BE8621F6C58438A866ABE988872706D" indent="up1">
<enum>
(iv)
</enum>
<text>
Upon receipt by the Commissioner as
of December 31, 2013, of a timely election filed in accordance with clause (ii)
by at least one beneficiary entitled to benefits on the basis of the wages and
self-employment income of a deceased individual described in paragraph (4)(B),
if such deceased individual has filed no timely election in accordance with
clause (ii)—
</text>
<subclause id="H822671C453A6460FB87F59C6469EDB11">
<enum>
(I)
</enum>
<text>
the Commissioner shall certify receipt
of all such elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of such
certification, shall pay each beneficiary filing such a timely election, from
amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total
amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such
amount distributed evenly among such beneficiaries), in 4 equal annual lump sum
installments, the first of which shall be made during fiscal year 2014 not
later than July 1, 2014, and
</text>
</subclause>
<subclause id="HC3E4E49A65674012872FF9693E42A1C8">
<enum>
(II)
</enum>
<text>
solely for purposes of determining
the amount of such beneficiary’s benefits, subparagraph (A) shall be deemed not
to apply in determining the deceased individual’s primary insurance
amount.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HF60FABD7CDD0435AB3AC5702F3275417">
<enum>
(b)
</enum>
<header>
Effective Date
and Related Rules
</header>
<paragraph id="HC19A5402EA6E4CEBA23F9CD53F1CBAB5">
<enum>
(1)
</enum>
<header>
Applicability of
amendments
</header>
<subparagraph id="HF83979CFD52948528EC8B9FBC93D025E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in paragraph (2), the amendments made
by this Act shall be effective as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
</text>
</subparagraph>
<subparagraph id="H3C20F96C6A7C47A4A687D0D2DB155382">
<enum>
(B)
</enum>
<header>
Applicability
</header>
<text>
No
monthly benefit or primary insurance amount under title II of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
shall be increased
by reason of such amendments for any month before July 2014.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1562ECA21181400E98CD45FF3440861A">
<enum>
(2)
</enum>
<header>
Recomputation to
reflect benefit increases
</header>
<text>
In any case in which an individual is
entitled to monthly insurance benefits under title II of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
for June 2014, if
such benefits are based on a primary insurance amount computed—
</text>
<subparagraph id="H26E22173592C4A5A9586FCF9585A0570">
<enum>
(A)
</enum>
<text>
under section 215
of such Act as in effect (by reason of the Social Security Amendments of 1977)
after December 1978, or
</text>
</subparagraph>
<subparagraph id="H45A5CE442BB64436A372E6B2BCF6C642">
<enum>
(B)
</enum>
<text>
under section 215
of such Act as in effect prior to January 1979 by reason of subsection
(a)(4)(B) of such section (as amended by the Social Security Amendments of
1977),
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
the
Commissioner of Social Security (notwithstanding section 215(f)(1) of the
Social Security Act) shall recompute such primary insurance amount so as to
take into account the amendments made by this Act.
</continuation-text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 155 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes.
1. Short title This Act may be cited as the Notch Fairness Act of 2013 . 2. New guaranteed minimum primary insurance amount where eligibility arises during transitional period (a) In General Section 215(a) of the Social Security Act is amended— (1) in paragraph (4)(B), by inserting (with or without the application of paragraph (8)) after would be made , and by striking 1984 in clause (i) and inserting 1989 ; and (2) by adding at the end the following: (8) (A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual’s primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of— (i) such amount, and (ii) the applicable transitional increase amount (if any). (B) For purposes of subparagraph (A)(ii), the term applicable transitional increase amount means, in the case of any individual, the product derived by multiplying— (i) the excess under former law, by (ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: If the individual becomes The applicable eligible for such benefits in: percentage is: 1979 55 1980 45 1981 35 1982 32 1983 25 1984 20 1985 16 1986 10 1987 3 1988 5. (C) For purposes of subparagraph (B), the term excess under former law means, in the case of any individual, the excess of— (i) the applicable former law primary insurance amount, over (ii) the amount which would be such individual’s primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). (D) For purposes of subparagraph (C)(i), the term applicable former law primary insurance amount means, in the case of any individual, the amount which would be such individual’s primary insurance amount if it were— (i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or (ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). (E) In determining the amount which would be an individual’s primary insurance amount as provided in subparagraph (D)— (i) subsection (b)(4) shall not apply; (ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual’s computation base years may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual’s wages and self-employment income is the largest; and (iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words without regard to any increases in that table in such subdivision read including any increases in that table . (F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. (G) (i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. (ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual’s death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual’s wages and self-employment income. Any such election filed after December 31, 2013, shall be null and void and of no effect. (iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)— (I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 2014 not later than July 1, 2014, and (II) subparagraph (A) shall not apply in determining such individual’s primary insurance amount. (iv) Upon receipt by the Commissioner as of December 31, 2013, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self-employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)— (I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 2014 not later than July 1, 2014, and (II) solely for purposes of determining the amount of such beneficiary’s benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual’s primary insurance amount. . (b) Effective Date and Related Rules (1) Applicability of amendments (A) In general Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 2014. (2) Recomputation to reflect benefit increases In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 2014, if such benefits are based on a primary insurance amount computed— (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. |
113-hr-156-ih-dtd | 113-hr-156 | 113 | hr | 156 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr156ih.xml | BILLS-113hr156ih.xml | 2023-01-08 17:42:49.986 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 156 IH: To provide for the withdrawal of the United States from the North American Free Trade Agreement.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 156
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide for the withdrawal of the United States from
the North American Free Trade Agreement.
</official-title>
</form>
<legis-body id="H454CD548D6B441229AC6C40E4D195541" style="OLC">
<section id="H0511CBB365584B1FA3C8A3F3FF01E098" section-type="section-one">
<enum>
1.
</enum>
<header>
Withdrawal of the United
States from the NAFTA
</header>
<subsection id="H63D691EF49B84A55B005536C66CEDDF3">
<enum>
(a)
</enum>
<header>
Withdrawal of
approval
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of law, the approval of the NAFTA by the Congress provided for
in section 101(a) of the North American Free Trade Agreement Implementation Act
shall cease to be effective beginning on the date that is six months after the
date of the enactment of this Act.
</text>
</subsection>
<subsection id="H0243B95E5BEE4DCFA919DE57B27C5F8A">
<enum>
(b)
</enum>
<header>
Notification of
withdrawal
</header>
<text display-inline="yes-display-inline">
On the date of the
enactment of this Act, the President shall provide to the Governments of Canada
and Mexico written notice of withdrawal of the United States from the NAFTA in
accordance with Article 2205 of the NAFTA.
</text>
</subsection>
<subsection id="H3BDB2ADD753545FEA943A474385D7DC0">
<enum>
(c)
</enum>
<header>
NAFTA
defined
</header>
<text>
In this section, the term
<term>
NAFTA
</term>
means the
North American Free Trade Agreement entered into between the United States,
Canada, and Mexico on December 17, 1992.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 156 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide for the withdrawal of the United States from the North American Free Trade Agreement.
1. Withdrawal of the United States from the NAFTA (a) Withdrawal of approval Notwithstanding any other provision of law, the approval of the NAFTA by the Congress provided for in section 101(a) of the North American Free Trade Agreement Implementation Act shall cease to be effective beginning on the date that is six months after the date of the enactment of this Act. (b) Notification of withdrawal On the date of the enactment of this Act, the President shall provide to the Governments of Canada and Mexico written notice of withdrawal of the United States from the NAFTA in accordance with Article 2205 of the NAFTA. (c) NAFTA defined In this section, the term NAFTA means the North American Free Trade Agreement entered into between the United States, Canada, and Mexico on December 17, 1992. |
113-hr-157-ih-dtd | 113-hr-157 | 113 | hr | 157 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr157ih.xml | BILLS-113hr157ih.xml | 2023-01-08 17:42:49.873 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 157 IH: To authorize a project for hurricane and storm damage reduction, West Onslow Beach and New River Inlet (Topsail Beach), North Carolina.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
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text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 157
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize a project for hurricane and storm damage
reduction, West Onslow Beach and New River Inlet (Topsail Beach), North
Carolina.
</official-title>
</form>
<legis-body id="H533B5897991D44C2B183960DB41985C1" style="OLC">
<section id="HA11791B0064C46B58F6E035F05A883E5" section-type="section-one">
<enum>
1.
</enum>
<header>
West Onslow Beach and New
River Inlet (Topsail Beach), North Carolina
</header>
<text display-inline="no-display-inline">
The Secretary of the Army is authorized to
carry out a project for hurricane and storm damage reduction, West Onslow Beach
and New River Inlet (Topsail Beach), North Carolina, substantially in
accordance with the plans, and subject to the conditions, described in the West
Onslow Beach and New River Inlet (Topsail Beach), North Carolina: Report of the
Chief of Engineers, dated September 28, 2009, at a total cost of $47,000,000,
with an estimated Federal cost of $30,000,000 and an estimated non-Federal cost
of $17,000,000, and at an estimated total cost of $252,000,000 for periodic
beach nourishment and monitoring over the 50-year economic life of the project,
with an estimated Federal cost of $125,000,000 and an estimated non-Federal
cost of $127,000,000.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 157 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize a project for hurricane and storm damage reduction, West Onslow Beach and New River Inlet (Topsail Beach), North Carolina.
1. West Onslow Beach and New River Inlet (Topsail Beach), North Carolina The Secretary of the Army is authorized to carry out a project for hurricane and storm damage reduction, West Onslow Beach and New River Inlet (Topsail Beach), North Carolina, substantially in accordance with the plans, and subject to the conditions, described in the West Onslow Beach and New River Inlet (Topsail Beach), North Carolina: Report of the Chief of Engineers, dated September 28, 2009, at a total cost of $47,000,000, with an estimated Federal cost of $30,000,000 and an estimated non-Federal cost of $17,000,000, and at an estimated total cost of $252,000,000 for periodic beach nourishment and monitoring over the 50-year economic life of the project, with an estimated Federal cost of $125,000,000 and an estimated non-Federal cost of $127,000,000. |
113-hr-158-ih-dtd | 113-hr-158 | 113 | hr | 158 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr158ih.xml | BILLS-113hr158ih.xml | 2023-01-08 17:42:49.566 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dublinCore>
<dc:title>
113 HR 158 IH: To authorize a project for hurricane and storm damage reduction, Surf City and North Topsail Beach, North Carolina.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 158
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize a project for hurricane and storm damage
reduction, Surf City and North Topsail Beach, North Carolina.
</official-title>
</form>
<legis-body id="HFDDAD614994240708E481A0AC1760BB0" style="OLC">
<section id="H483A5A32FCBE4B6A9B90C7C918E47936" section-type="section-one">
<enum>
1.
</enum>
<header>
Surf City and North Topsail
Beach, North Carolina
</header>
<text display-inline="no-display-inline">
The
Secretary of the Army is authorized to carry out a project for hurricane and
storm damage reduction, Surf City and North Topsail Beach, North Carolina,
substantially in accordance with, and subject to the conditions described in,
the Surf City and North Topsail Beach, North Carolina, Coastal Storm Damage
Reduction Report, dated December 30, 2010, at an estimated total cost of
$353,924,000, for periodic beach nourishment and monitoring over the 50-year
economic life of the project.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 158 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize a project for hurricane and storm damage reduction, Surf City and North Topsail Beach, North Carolina.
1. Surf City and North Topsail Beach, North Carolina The Secretary of the Army is authorized to carry out a project for hurricane and storm damage reduction, Surf City and North Topsail Beach, North Carolina, substantially in accordance with, and subject to the conditions described in, the Surf City and North Topsail Beach, North Carolina, Coastal Storm Damage Reduction Report, dated December 30, 2010, at an estimated total cost of $353,924,000, for periodic beach nourishment and monitoring over the 50-year economic life of the project. |
113-hr-159-ih-dtd | 113-hr-159 | 113 | hr | 159 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr159ih.xml | BILLS-113hr159ih.xml | 2023-01-08 17:42:49.447 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 159 IH: To modify the project for the improvement of the Shallotte River, North Carolina, to change the authorized depth to 8 feet.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 159
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To modify the project for the improvement of the
Shallotte River, North Carolina, to change the authorized depth to 8
feet.
</official-title>
</form>
<legis-body id="HF6A9D508FF604F78A30D8409625C3C46" style="OLC">
<section id="H932B86B79F264F8E82179D5CFCBDC6B4" section-type="section-one">
<enum>
1.
</enum>
<header>
Shallotte River, North
Carolina
</header>
<text display-inline="no-display-inline">
The project for the
improvement of the Shallotte River, North Carolina, authorized by the Act of
March 4, 1913 (37 Stat. 807), is modified to change the authorized maintenance
depth to 8 feet.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 159 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To modify the project for the improvement of the Shallotte River, North Carolina, to change the authorized depth to 8 feet.
1. Shallotte River, North Carolina The project for the improvement of the Shallotte River, North Carolina, authorized by the Act of March 4, 1913 (37 Stat. 807), is modified to change the authorized maintenance depth to 8 feet. |
113-hr-160-ih-dtd | 113-hr-160 | 113 | hr | 160 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr160ih.xml | BILLS-113hr160ih.xml | 2023-01-08 17:42:49.694 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H2D6A802350B74EAE820850598D5FD376" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 160 IH: Disability Benefit Fairness Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 160
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title II of the Social Security Act to eliminate
the 5-month waiting period for entitlement to disability benefits and to
eliminate reconsideration as an intervening step between initial benefit
entitlement decisions and subsequent hearings on the record on such
decisions.
</official-title>
</form>
<legis-body id="HD0284461482E4358826A33AA992E4003" style="OLC">
<section id="H930C8943050448D288A25DC0CB40AC01" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Disability Benefit Fairness Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H94A1979B6E3C4A5191B8CBF4CE604AE4">
<enum>
2.
</enum>
<header>
Elimination of
5-MONTH waiting period for benefits based on disability
</header>
<subsection id="H974A5DB91A9B4AA1923CBA4B94D64FD6">
<enum>
(a)
</enum>
<header>
Disability
Insurance Benefits
</header>
<paragraph id="HD5D908A24BD842419A6C5B15388E7831">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The first sentence of section 223(a)(1) of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
(42 U.S.C.
423(a)(1)) is amended by striking
<quote>
(i) for each month
</quote>
and all
that follows through
<quote>
the first month in which he is under such
disability
</quote>
and inserting the following:
<quote>
for each month beginning
with the first month during all of which such individual is under a disability
and in which such individual becomes so entitled to such insurance
benefits
</quote>
.
</text>
</paragraph>
<paragraph id="H9B0D1C6E30094AD2AA8F866FAE80377D">
<enum>
(2)
</enum>
<header>
Waiting period
eliminated from determination of benefit amount
</header>
<subparagraph id="HD3775F73C82342278C50A9F0E032554F">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The first sentence of section 223(a)(2) of such Act (42
U.S.C. 423(a)(2)) is amended by striking
<quote>
in—
</quote>
and all that
follows through
<quote>
and as though
</quote>
and inserting the following:
<quote>
in the first month for which such individual becomes entitled to such
disability insurance benefits, and as though
</quote>
.
</text>
</subparagraph>
<subparagraph id="H8B3C0D29E55B44FA9C897690AF8EAEFF">
<enum>
(B)
</enum>
<header>
Conforming
amendment
</header>
<text>
The second sentence of section 223(a)(2) of such Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/423">
42 U.S.C. 423(a)(2)
</external-xref>
) is amended by striking
<quote>
subparagraph (A) or (B) of
such sentence, as the case may be
</quote>
and inserting
<quote>
such
sentence
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1066ABAF5D9740819F3B98F55C0AE8CD">
<enum>
(3)
</enum>
<header>
Elimination of
defined term
</header>
<subparagraph id="H30BACF114C72449A8A1169D18EE68E25">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Section 223(c)(2) of such Act is repealed.
</text>
</subparagraph>
<subparagraph id="HFBAEC09F0CAB4F0198D9B3D7AB6E6A4C">
<enum>
(B)
</enum>
<header>
Conforming
amendments
</header>
<clause id="HD04618ECD70A4CBCA874D8392AD85A47">
<enum>
(i)
</enum>
<text>
The
heading of section 223(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/423">
42 U.S.C. 423(c)
</external-xref>
) is amended to read as
follows:
<quote>
Definition of Insured Status
</quote>
.
</text>
</clause>
<clause id="HE991AA181A7845E0A28F6C7E7A0C227C">
<enum>
(ii)
</enum>
<text>
Section 223(c)(1)
of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/423">
42 U.S.C. 423(c)(1)
</external-xref>
) is amended by striking
<quote>
For purposes of
subparagraph (B) of this paragraph, when the number of quarters
</quote>
in the
last sentence and inserting the following:
</text>
<quoted-block id="HE44BC5A88EA04FC49F4016F3887094B4" style="traditional">
<paragraph id="H1457A002A23B48189E0FFC2467BF3433">
<enum>
(2)
</enum>
<text>
In applying
paragraph (1)(B), when the number of
quarters
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H53DFFDC2E00649C19FDFF08B8E342339">
<enum>
(b)
</enum>
<header>
Widow’s
Insurance Benefits Based on Disability
</header>
<paragraph id="H065B12ACE15B4CD8807213352B9CD208">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 202(e)(1)(F) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(e)(1)(F)
</external-xref>
)
is amended to read as follows:
</text>
<quoted-block id="H4BAA1EE8E5C745A28FF8AE0E4FA2052C" style="traditional">
<subparagraph id="H135EF976148A4A09982B2D209E9BF840" indent="up1">
<enum>
(F)
</enum>
<text>
if she satisfies subparagraph (B) by
reason of clause (ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such insurance
benefits,
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H29896996801846F3B815E726E9D3BFB6">
<enum>
(2)
</enum>
<header>
Elimination of
defined term
</header>
<text>
Section 202(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(e)
</external-xref>
) is
amended—
</text>
<subparagraph id="H277213C38FCF4437AA642B471C6E9EFC">
<enum>
(A)
</enum>
<text>
by striking
paragraph (5); and
</text>
</subparagraph>
<subparagraph id="H7E090E4348CE4143A30C31053FA4D601">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7),
respectively.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H6272748DBE1342DFAA25243B1C84F26C">
<enum>
(c)
</enum>
<header>
Widower’s
Insurance Benefits Based on Disability
</header>
<paragraph id="H247114BA016A440F9B8A93D3C142B996">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 202(f)(1)(F) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(f)(1)(F)
</external-xref>
)
is amended to read as follows:
</text>
<quoted-block id="H7BBCB73AC5134F83B105EDEA13C74DC6" style="traditional">
<subparagraph id="H243C4F1A06424B559699E1A7252AAEB4" indent="up1">
<enum>
(F)
</enum>
<text>
if he satisfies subparagraph (B) by
reason of clause (ii) thereof, the first month during all of which he is under
a disability and in which he becomes so entitled to such insurance
benefits,
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB64769BB9D8643189C3C951B5BA653DF">
<enum>
(2)
</enum>
<header>
Elimination of
defined term
</header>
<text>
Section 202(f) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(f)
</external-xref>
) is
amended—
</text>
<subparagraph id="HFD640885DE4C4AE5A3A4CCDFACB777B5">
<enum>
(A)
</enum>
<text>
by striking
paragraph (5); and
</text>
</subparagraph>
<subparagraph id="H2B6AB958533B411DBA84F6EA0A8896EB">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7),
respectively.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HBAF037EC23A14B23AE73FB8BEF32E7E3">
<enum>
(d)
</enum>
<header>
Elimination of
Waiting Period for Commencement of Periods of Disability
</header>
<text>
Section
216(i)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/416">
42 U.S.C. 416(i)(2)(A)
</external-xref>
) is amended by striking
<quote>
, but only
</quote>
and all that follows and inserting a period.
</text>
</subsection>
<subsection id="HBE1397938F954681BDB00EAD51152800">
<enum>
(e)
</enum>
<header>
Effective
Dates
</header>
<text>
The amendments made by subsection (a) shall apply only with
respect to benefits under section 223 of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
, or under section 202 of
such Act on the basis of the wages and self-employment income of an individual
entitled to benefits under such section 223, for months after the third month
following the month in which this Act is enacted. The amendments made by
subsections (b) and (c) shall apply only with respect to benefits based on
disability under subsection (e) or (f) of section 202 of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402
</external-xref>
)
for months after the third month following the month in which this Act is
enacted. The amendment made by subsection (d) shall apply only with respect to
applications for disability determinations filed under title II of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
on or after the
90th day following the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H6A2E4EB457AC4A74B1E954872ED5430D">
<enum>
3.
</enum>
<header>
Elimination of
reconsideration in the review process governing decisions on benefit
entitlement
</header>
<subsection id="HFB8173DAD2E14FA5887A8B63FEDA96D3">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
Section 205(b)(1) of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/42/405">
42 U.S.C. 405(b)(1)
</external-xref>
) is
amended by adding at the end the following new sentence:
<quote>
Opportunity for
a hearing under this title in accordance with this subsection with respect to
any initial decision or determination under this title shall be available
without any requirement for intervening reconsideration.
</quote>
.
</text>
</subsection>
<subsection id="H0910CBB6610A4786B9C9C36B2842E7E9">
<enum>
(b)
</enum>
<header>
Conforming
Amendments
</header>
<text>
Section 205(b) of such Act is amended—
</text>
<paragraph id="H502E4DBFEA174E4281C7E84032CC320D">
<enum>
(1)
</enum>
<text>
by striking
paragraph (2); and
</text>
</paragraph>
<paragraph id="HE13507121BFC46F2B11C8E50205E6874">
<enum>
(2)
</enum>
<text>
by redesignating
paragraph (3) as paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="HE2F25740B06243B4A00DE3541D054C78">
<enum>
(c)
</enum>
<header>
Effective
Date
</header>
<text>
The amendments made by this section shall apply with respect
to initial decisions and determinations (subject to opportunity for a hearing
to the extent provided under section 205(b) of the
<act-name parsable-cite="SSA">
Social Security Act
</act-name>
) issued after 1
year after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 160 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to eliminate the 5-month waiting period for entitlement to disability benefits and to eliminate reconsideration as an intervening step between initial benefit entitlement decisions and subsequent hearings on the record on such decisions.
1. Short title This Act may be cited as the Disability Benefit Fairness Act of 2013 . 2. Elimination of 5-MONTH waiting period for benefits based on disability (a) Disability Insurance Benefits (1) In general The first sentence of section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking (i) for each month and all that follows through the first month in which he is under such disability and inserting the following: for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits . (2) Waiting period eliminated from determination of benefit amount (A) In general The first sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking in— and all that follows through and as though and inserting the following: in the first month for which such individual becomes entitled to such disability insurance benefits, and as though . (B) Conforming amendment The second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking subparagraph (A) or (B) of such sentence, as the case may be and inserting such sentence . (3) Elimination of defined term (A) In general Section 223(c)(2) of such Act is repealed. (B) Conforming amendments (i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) ) is amended to read as follows: Definition of Insured Status . (ii) Section 223(c)(1) of such Act ( 42 U.S.C. 423(c)(1) ) is amended by striking For purposes of subparagraph (B) of this paragraph, when the number of quarters in the last sentence and inserting the following: (2) In applying paragraph (1)(B), when the number of quarters . (b) Widow’s Insurance Benefits Based on Disability (1) In general Section 202(e)(1)(F) of such Act ( 42 U.S.C. 402(e)(1)(F) ) is amended to read as follows: (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, . (2) Elimination of defined term Section 202(e) of such Act ( 42 U.S.C. 402(e) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (c) Widower’s Insurance Benefits Based on Disability (1) In general Section 202(f)(1)(F) of such Act ( 42 U.S.C. 402(f)(1)(F) ) is amended to read as follows: (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, . (2) Elimination of defined term Section 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (d) Elimination of Waiting Period for Commencement of Periods of Disability Section 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended by striking , but only and all that follows and inserting a period. (e) Effective Dates The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act , or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act ( 42 U.S.C. 402 ) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act. 3. Elimination of reconsideration in the review process governing decisions on benefit entitlement (a) In General Section 205(b)(1) of the Social Security Act ( 42 U.S.C. 405(b)(1) ) is amended by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration. . (b) Conforming Amendments Section 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Effective Date The amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act ) issued after 1 year after the date of the enactment of this Act. |
113-hr-161-ih-dtd | 113-hr-161 | 113 | hr | 161 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr161ih.xml | BILLS-113hr161ih.xml | 2023-01-08 17:42:48.760 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H33582629AC434E8A9B264B28BE314933" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 161 IH: Bringing Economic Advancement and Coastal Health Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 161
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M000485">
Mr. McIntyre
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Water Resources Development Act of 1976 to
direct the Secretary of the Army to evaluate the feasibility of continuing
Federal participation in a beach nourishment project, and for other
purposes.
</official-title>
</form>
<legis-body id="HBD862D9BAF164285A069F0B064A01AFF" style="OLC">
<section id="HF727415FFF6549E6A3597FADB7F7C265" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Bringing Economic Advancement and
Coastal Health Act
</short-title>
</quote>
.
</text>
</section>
<section id="HA9FBA2517E84414C919AB6C58221C9C2" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Beach
nourishment
</header>
<text display-inline="no-display-inline">
Section 156 of the
Water Resources Development Act of 1976 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1962d-5f">
42 U.S.C. 1962d–5f
</external-xref>
) is amended—
</text>
<paragraph id="H572781A247054ADC9D712011F0CC6B0A">
<enum>
(1)
</enum>
<text>
by striking
<quote>
The
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
Continuing Federal participation
in a project
</header-in-text>
.—The
</quote>
;
</text>
</paragraph>
<paragraph id="H955ADF67292348CBAC08C59F1F91BABE">
<enum>
(2)
</enum>
<text>
by inserting
before the period at the end the following:
<quote>
or after the date of the
last estimated periodic nourishment as contemplated in the Chief’s Report,
whichever is later
</quote>
; and
</text>
</paragraph>
<paragraph id="H6DC79605AC5E4013B8880F2CBD71F7C8">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8BF0C6A1CE964DC18F4523B4C4EE5551" style="traditional">
<subsection id="H89F5BD9EAC5F45859D0DE93573D6D395">
<enum>
(b)
</enum>
<header>
Feasibility
review
</header>
<text display-inline="yes-display-inline">
Before the end of the
fifty-year period referred to in subsection (a), the Secretary of the Army,
acting through the Chief of Engineers, shall undertake, subject to the
availability of appropriations, a review of a project to which subsection (a)
applies to evaluate the feasibility of continuing Federal participation in the
project and shall make a recommendation concerning such participation to
Congress.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 161 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Water Resources Development Act of 1976 to direct the Secretary of the Army to evaluate the feasibility of continuing Federal participation in a beach nourishment project, and for other purposes.
1. Short title This Act may be cited as the Bringing Economic Advancement and Coastal Health Act . 2. Beach nourishment Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ) is amended— (1) by striking The and inserting (a) Continuing Federal participation in a project .—The ; (2) by inserting before the period at the end the following: or after the date of the last estimated periodic nourishment as contemplated in the Chief’s Report, whichever is later ; and (3) by adding at the end the following: (b) Feasibility review Before the end of the fifty-year period referred to in subsection (a), the Secretary of the Army, acting through the Chief of Engineers, shall undertake, subject to the availability of appropriations, a review of a project to which subsection (a) applies to evaluate the feasibility of continuing Federal participation in the project and shall make a recommendation concerning such participation to Congress. . |
113-hr-162-ih-dtd | 113-hr-162 | 113 | hr | 162 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr162ih.xml | BILLS-113hr162ih.xml | 2023-01-08 17:42:48.986 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HEEC76D365D1E4BCFB92E7873C295B3C2" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 162 IH: Medicaid Integrity Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 162
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001256">
Mrs. Bachmann
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend section 1932 of the Social Security Act to
require independent audits and actuarial services under Medicaid managed care
programs, and for other purposes.
</official-title>
</form>
<legis-body id="HECC0ACD759984739A39077A6A645DF1E" style="OLC">
<section id="H4367B3D8399843B4A9474EA107C9C5C4" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Medicaid Integrity Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HE40CCFB60FF64ECF9BE2618E4FD1F32A">
<enum>
2.
</enum>
<header>
Independent audit
and actuary requirements for State Medicaid managed care programs
</header>
<subsection id="HCC7809C6F393469490E0ED7CDE35ADB5">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 1932 of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396u-2">
42 U.S.C. 1396u–2
</external-xref>
) is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H6AD27BE8AE6047E3A9E355BEFE529E23" style="OLC">
<subsection id="H50FF8DAF603E46AAA01FEDB0EF5223AA">
<enum>
(i)
</enum>
<header>
Independent
audit requirements
</header>
<paragraph id="H26B67E012D0C4468B6928BBBF2DA71B6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
As a condition of
receiving a payment under section 1903(a) with respect to expenditures under a
contract with a managed care entity under section 1903(m), a State, acting
through the State agency under the State plan or another State entity, shall,
in accordance with this subsection, enter into a contract with an independent
auditor to—
</text>
<subparagraph id="H8231964B900646828E3110AF7E589CCF">
<enum>
(A)
</enum>
<text>
conduct audits of
such managed care entity under such contract; and
</text>
</subparagraph>
<subparagraph id="H83396D70AEE549B39F243FAD545CD136">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
report the results of such audits under
<internal-xref idref="H43BDC28B5DDD4BD8AFA34E71A31CF7DA" legis-path="(i)(7)">
paragraph (7)
</internal-xref>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0F01A3C0D2B3434BBEB4777E122A5018">
<enum>
(2)
</enum>
<header>
Independent
auditor defined
</header>
<text display-inline="yes-display-inline">
In this
subsection, subject to subparagraph (B), the term
<term>
independent
auditor
</term>
means, with respect to the audit of a managed care entity in a
State for a period of time, an auditing entity that—
</text>
<subparagraph id="H5BCD4EE88ADA484CBADFB343B72DBB69">
<enum>
(A)
</enum>
<text>
had no financial
relationship with the managed care entity or an affiliate of such managed care
entity for activities occurring during the period for which the audit is
conducted;
</text>
</subparagraph>
<subparagraph id="H379B46F5355A43C3A4DA213E6C89C018">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
has no such financial relationship with the
managed care entity or affiliate for the period during which the audit is being
conducted; and
</text>
</subparagraph>
<subparagraph id="H6B163978B3F345C0A0C1F3B6D5DBDACF">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
with respect to the initial audits under
paragraph (4) of a managed care entity, has not had such a financial
relationship with the managed care entity or affiliate during the 2-year period
ending on the date the auditing entity and State enter into a contract under
paragraph (1).
</text>
</subparagraph>
</paragraph>
<paragraph id="H7B727C219C6342DB8BBABDE8724B99E2">
<enum>
(3)
</enum>
<header>
Standards for
audits
</header>
<subparagraph id="H3E8A8D0162AF42EFB3F26C1D3A7EC4B8">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall set uniform standards for the audits
required under
<internal-xref idref="HFC4BED20DE5E4719A9D876887B158AE2" legis-path="(i)(4)">
paragraph (4)
</internal-xref>
.
</text>
</subparagraph>
<subparagraph id="H7776918A5F3248ADB02A8C47E8B68734">
<enum>
(B)
</enum>
<header>
Requirements for
standards
</header>
<text>
The standards under
<internal-xref idref="H3E8A8D0162AF42EFB3F26C1D3A7EC4B8" legis-path="(i)(3)(A)">
subparagraph (A)
</internal-xref>
shall—
</text>
<clause id="HC104079F5A0C40D4A5A908069145F4B2">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
be consistent with Federal Government
auditing standards issued by the Comptroller General of the United
States;
</text>
</clause>
<clause id="HD58D3963B56A4B5688711F017836B4BF">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
specify a uniform reporting format for the
reporting of such audits under
<internal-xref idref="H43BDC28B5DDD4BD8AFA34E71A31CF7DA" legis-path="(i)(7)">
paragraph (7)
</internal-xref>
; and
</text>
</clause>
<clause id="H98D56B34AC8B489C9739EAF57B06BA18">
<enum>
(iii)
</enum>
<text>
require that any
report for an audit required under
<internal-xref idref="H43BDC28B5DDD4BD8AFA34E71A31CF7DA" legis-path="(i)(7)">
paragraph (7)
</internal-xref>
include a certification by a
certified public accountant.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HFC4BED20DE5E4719A9D876887B158AE2">
<enum>
(4)
</enum>
<header>
Types of audits
and information required
</header>
<subparagraph id="H47F629EB9E254B10B854F1DFFD296CF2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The independent auditor contracting with a State under
<internal-xref idref="H26B67E012D0C4468B6928BBBF2DA71B6" legis-path="(i)(1)">
paragraph (1)
</internal-xref>
shall conduct and complete,
for each managed care entity with a contract under section 1903(m) in such
State the following:
</text>
<clause id="HCA2888D402CA44AD887878AC0CD047AC">
<enum>
(i)
</enum>
<text>
A
biannual financial audit described in
<internal-xref idref="H63B7B47B4D0F476DACD77703AF8F6130" legis-path="(i)(5)">
paragraph (5)
</internal-xref>
.
</text>
</clause>
<clause id="HC9CB588E21A8482CBECC84F2898B09D3">
<enum>
(ii)
</enum>
<text>
A
biannual performance-compliance audit described in
<internal-xref idref="HBD8327EF4FDA4F60BA27EB49EAE5DAFB" legis-path="(i)(6)">
paragraph (6).
</internal-xref>
</text>
</clause>
</subparagraph>
<subparagraph id="HB56617D580764898898741477B2AE744">
<enum>
(B)
</enum>
<header>
Timing of
audits
</header>
<clause id="HC295B686C9C44C56B8494D3D2C6EE66F">
<enum>
(i)
</enum>
<header>
Initial,
staggered audits
</header>
<text>
For the purpose of establishing baseline data,
with respect to each managed care entity with a contract under section 1903(m)
with a State, the State shall complete—
</text>
<subclause id="HCA2821A13AA34DEFA4B07F0C6405002C">
<enum>
(I)
</enum>
<text>
an initial audit
under
<internal-xref idref="HCA2888D402CA44AD887878AC0CD047AC" legis-path="(i)(4)(A)(i)">
subparagraph (A)(i)
</internal-xref>
not later than 6
months after the date of enactment of the Medicaid Integrity Act of 2013;
and
</text>
</subclause>
<subclause id="HC9B95D80E8A34E58860F196E5383A35B">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
an initial audit under
<internal-xref idref="HC9CB588E21A8482CBECC84F2898B09D3" legis-path="(i)(4)(A)(ii)">
subparagraph (A)(ii)
</internal-xref>
not later than
18 months after such date.
</text>
</subclause>
<continuation-text continuation-text-level="clause">
The initial
audit of an entity under
<internal-xref idref="HC9CB588E21A8482CBECC84F2898B09D3" legis-path="(i)(4)(A)(ii)">
subparagraph (A)(ii)
</internal-xref>
shall be
completed approximately 1 year after the initial audit of the entity under
<internal-xref idref="HCA2888D402CA44AD887878AC0CD047AC" legis-path="(i)(4)(A)(i)">
subparagraph (A)(i)
</internal-xref>
.
</continuation-text>
</clause>
<clause id="H3316B9B18EA84BC6ADF23884EFBE22C5">
<enum>
(ii)
</enum>
<header>
Subsequent,
staggered audits
</header>
<text>
Subsequent audits under each such subparagraph
shall be completed every two years.
</text>
</clause>
</subparagraph>
<subparagraph id="HCFF023A273D04473BA7134301EC46679">
<enum>
(C)
</enum>
<header>
Period covered
by audit
</header>
<clause id="H1E00B6EB9A6E46488B8E08FB6F2FA9BE">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Each audit under this paragraph shall cover a
2-calendar-year period.
</text>
</clause>
<clause id="H39C84F57F6F0415EA53C170191C2A094">
<enum>
(ii)
</enum>
<header>
Initial
financial audit
</header>
<text display-inline="yes-display-inline">
The first
biennial financial audit under subparagraph (A)(i) shall cover the
2-calendar-year period that ends on the last day of the calendar year that ends
6 months before the deadline for completion of such initial audit under
(B)(i)(I).
</text>
</clause>
<clause id="H442525036E864178AB552C039EFA85D5">
<enum>
(iii)
</enum>
<header>
Initial
performance-compliance audit
</header>
<text display-inline="yes-display-inline">
The first biennial performance-compliance
audit under subparagraph (A)(ii) shall cover the 2-calendar-year period that
ends on the last day of the calendar year that ends 6 months before the
deadline for completion of such initial audit under (B)(i)(II).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H63B7B47B4D0F476DACD77703AF8F6130">
<enum>
(5)
</enum>
<header>
Biannual
financial audit
</header>
<text display-inline="yes-display-inline">
A biannual
financial audit under
<internal-xref idref="HCA2888D402CA44AD887878AC0CD047AC" legis-path="(i)(4)(A)(i)">
paragraph (4)(A)(i)
</internal-xref>
, with respect to
a managed care entity with a contract under section 1903(m) in a State, is an
audit of the finances of the managed care entity relating to such contract.
Each such audit shall include an audit of at least the following
information:
</text>
<subparagraph display-inline="no-display-inline" id="HCAEE25199A1040E3BD9D6B7E52EE88E3">
<enum>
(A)
</enum>
<header>
Expenses and
revenues
</header>
<text>
With respect to services provided under such contract,
the managed care entity’s—
</text>
<clause id="H5C99F2701C2A406181019B25AE7C1EB2">
<enum>
(i)
</enum>
<text>
administrative
expenses;
</text>
</clause>
<clause id="H6EB915CC995A4EFDBCAB64689536E6C2">
<enum>
(ii)
</enum>
<text>
revenues,
including investment income; and
</text>
</clause>
<clause id="H88A5E73BFE4646E3B8906F8807938A06">
<enum>
(iii)
</enum>
<text>
payments made by
the managed care entity for nonadministrative services.
</text>
</clause>
</subparagraph>
<subparagraph id="HF3F20FBDAEFE42319515CEFE7E87C1E6">
<enum>
(B)
</enum>
<header>
Claims and
encounter data
</header>
<text>
Subject to
<internal-xref idref="H90231E0A48C74FEB8E5AB4E8C0C7E9A9" legis-path="(i)(7)(C)">
paragraph (7)(C)
</internal-xref>
—
</text>
<clause id="HAD8F8D9AF58B43BFA00E4E0A6B5C2A64">
<enum>
(i)
</enum>
<text>
claims data
related to services provided by such managed care entity under such contract;
and
</text>
</clause>
<clause id="H207E951D0C834E0EA736C2BB5BC928BA">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
encounter data that relate to such services
and support such claims.
</text>
</clause>
</subparagraph>
<subparagraph id="H9E94492AF3D4431783BC24C9CF2291CC">
<enum>
(C)
</enum>
<header>
Expenditures on
patient services
</header>
<text display-inline="yes-display-inline">
With respect
to services provided under such contract, the managed care entity’s payments to
health care providers, that have been issued a national provider identifier
under title XI, for items and services furnished on behalf of beneficiaries
based on the claims and encounter data described in
<internal-xref idref="HF3F20FBDAEFE42319515CEFE7E87C1E6" legis-path="(i)(5)(B)">
subparagraph (B)
</internal-xref>
.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H8C28BA4D4B96404597A3DF4B0425F73E">
<enum>
(D)
</enum>
<header>
Provider payment
ratio
</header>
<clause commented="no" id="H517ECEAE44C947138A1A8DEC8B6CF9FE">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The ratio of the payments to health care providers
described in
<internal-xref idref="H9E94492AF3D4431783BC24C9CF2291CC" legis-path="(i)(5)(C)">
subparagraph (C)
</internal-xref>
to the aggregate
payments to the managed care entity under the contract.
</text>
</clause>
<clause commented="no" id="HED3EC2DA9F8A4395ABD7056B0ABFE6E2">
<enum>
(ii)
</enum>
<header>
Construction
</header>
<text display-inline="yes-display-inline">
The ratio under
<internal-xref idref="H517ECEAE44C947138A1A8DEC8B6CF9FE" legis-path="(i)(5)(D)(i)">
clause (i)
</internal-xref>
is not a medical loss
ratio and is not comparable to a medical loss ratio.
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H0B173194F5184467B8472F0795928841">
<enum>
(E)
</enum>
<header>
Provider payment
rates and methodologies
</header>
<text display-inline="yes-display-inline">
Subject to
<internal-xref idref="H177821E8616D444193367A591F9EF2FA" legis-path="(i)(7)(C)(ii)">
paragraph (7)(C)(ii)
</internal-xref>
, the managed
care entity’s payment rates and payment methodology for health care services
under such contract, by provider type or service category, including a
description of—
</text>
<clause id="H95BBB95594DE4DD481724D7AD4D2C63C">
<enum>
(i)
</enum>
<text>
alternative
payment arrangements between the managed care entity and providers; and
</text>
</clause>
<clause id="H77B739D9AE4040FF98E7B2E2ED147A0A">
<enum>
(ii)
</enum>
<text>
payments made by
the managed care entity to providers that are separate from claims for services
provided.
</text>
</clause>
</subparagraph>
<subparagraph id="H814FA4B90AF440A6992ED6FACE12752C">
<enum>
(F)
</enum>
<header>
Identification
of administrative vendors
</header>
<text display-inline="yes-display-inline">
With respect to services provided under
such contract, identification of providers and vendors for administrative
services under contract with the managed care entity.
</text>
</subparagraph>
<subparagraph id="H2064BC1B983141C285B29FD4DFA30C05">
<enum>
(G)
</enum>
<header>
Reserve fund
contributions
</header>
<text>
Contributions that the managed care entity has made
to its reserve fund under such contract.
</text>
</subparagraph>
<subparagraph commented="no" id="HF85A6FDBBF5B43C685B3B8FC6149F651">
<enum>
(H)
</enum>
<header>
Reinsurance
</header>
<text>
Data
on the amount of reinsurance or transfer of risk that the managed care entity
has obtained with respect to the risk assumed by such entity under such
contract.
</text>
</subparagraph>
<subparagraph id="H4862967F8D9E4D43BB09A327A9120E6B">
<enum>
(I)
</enum>
<header>
Charitable
contributions and donations
</header>
<text display-inline="yes-display-inline">
Contributions and donations that the
managed care entity has made to government or non-profit entities, the identity
of such government or non-profit entities, and the amount of the contributions
and donations made to each such entity.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBD8327EF4FDA4F60BA27EB49EAE5DAFB">
<enum>
(6)
</enum>
<header>
Biannual
performance-compliance audit
</header>
<text>
A biannual audit under this
<internal-xref idref="HC9CB588E21A8482CBECC84F2898B09D3" legis-path="(i)(4)(A)(ii)">
paragraph (4)(A)(ii)
</internal-xref>
, with respect
to a managed care entity with a contract under section 1903(m) in a State, is
an audit of the performance of such managed care entity under such contract
(including with respect to the performance of risk assessment under the
contract) and the compliance of such managed care entity, during the period
covered by the audit, with—
</text>
<subparagraph id="HA4D089DBBF584413B9C93F183390D50C">
<enum>
(A)
</enum>
<text>
the terms of the
contract; and
</text>
</subparagraph>
<subparagraph id="H598DD21C56BE48E88556688BB5359B1F">
<enum>
(B)
</enum>
<text>
applicable State
and Federal laws, regulations, and guidance, including provisions of such laws,
regulations, and guidance related to allowable costs under such
contracts.
</text>
</subparagraph>
</paragraph>
<paragraph id="H43BDC28B5DDD4BD8AFA34E71A31CF7DA">
<enum>
(7)
</enum>
<header>
Reporting and
public availability of audit results
</header>
<subparagraph id="H6D8FB8EE73E149CFB4A9A63DBC4036BD">
<enum>
(A)
</enum>
<header>
Notice and
opportunity for comment
</header>
<clause id="HBA8EF56E13A74983BBF74B93B901136A">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
With respect to an audit of a managed care entity
conducted by an independent auditor under this subsection, such auditor
shall—
</text>
<subclause id="HBB46390E42E843D0BF6CEF433DF21CED">
<enum>
(I)
</enum>
<text>
submit a report on
the results of the audit to the managed care entity; and
</text>
</subclause>
<subclause id="HA0B8BABE96834229A01E494D9C217A30">
<enum>
(II)
</enum>
<text>
provide the
managed care entity with the opportunity to submit comments on such audit to
the auditor during a 30-day period.
</text>
</subclause>
</clause>
<clause id="HEFB9F2B8264F4AF5A13166390DBBDC4E">
<enum>
(ii)
</enum>
<header>
Review of
comments and revision of report
</header>
<text>
The independent auditor shall
review the comments submitted under clause (i)(II) and may revise such report
based on such comments.
</text>
</clause>
</subparagraph>
<subparagraph id="H77236C3A13C84588BABB978DE706097E">
<enum>
(B)
</enum>
<header>
Public
report
</header>
<clause id="H785E65EF985E4989848B3033798B6615">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Not later than 45 days after the end of the 30-day
comment period provided under subparagraph (A)(i)(II), the independent auditor
shall submit to the Secretary, the State, and the managed care entity a report
containing the results of such audit (including, in the case of an annual
financial audit under
<internal-xref idref="HCA2888D402CA44AD887878AC0CD047AC" legis-path="(i)(4)(A)(i)">
paragraph (4)(A)(i)
</internal-xref>
, the information
described in paragraph (5)(D)), any comments received under subparagraph
(A)(i)(II), and an executive summary of the audit report. The Secretary for
good cause may extend by not more than 30 days the deadline for submitting a
report under the previous sentence.
</text>
</clause>
<clause id="H75286E56618442BB9DA2B25AF9A5C9D4">
<enum>
(ii)
</enum>
<header>
Posting on
public web site
</header>
<text>
Subject to subparagraph (C), not later than 30
days after the date that the State receives a report under clause (i), the
State shall post such report (including the executive summary of the report) on
a Web site maintained by the State in connection with administration of this
title and available to the public.
</text>
</clause>
</subparagraph>
<subparagraph id="H90231E0A48C74FEB8E5AB4E8C0C7E9A9">
<enum>
(C)
</enum>
<header>
Privacy and
confidentiality protection
</header>
<clause id="H952D2606C3C74E1EAF0F5E3D56887782">
<enum>
(i)
</enum>
<header>
Patient
protections
</header>
<text display-inline="yes-display-inline">
Nothing in this
subsection shall be construed as modifying the application of the HIPAA privacy
regulations (as defined in section 1180(b)(3)).
</text>
</clause>
<clause id="H177821E8616D444193367A591F9EF2FA">
<enum>
(ii)
</enum>
<header>
Protection of
certain proprietary information
</header>
<text display-inline="yes-display-inline">
Nothing in this subsection shall be
construed as authorizing the public disclosure of the payment rates that a
managed care entity uses to pay any health care provider or the methodology
that the managed care entity uses to develop such rates.
</text>
</clause>
<clause id="HA9328AB2FF154A9B9FCDA9E7586333A9">
<enum>
(iii)
</enum>
<header>
Protection of
encounter data
</header>
<text display-inline="yes-display-inline">
Subject to
<internal-xref idref="H5936B8FD14844246B33A66D17BD35527" legis-path="(i)(5)(C)(i)">
clause (i)
</internal-xref>
, an independent auditor,
when submitting a report under
<internal-xref idref="H5936B8FD14844246B33A66D17BD35527" legis-path="(i)(5)(A)">
subparagraph (A)
</internal-xref>
, may submit encounter
data to a State. An independent auditor, or a State, shall not submit to the
Federal Government any encounter data that are collected for purposes of the
audits under this subsection.
</text>
</clause>
</subparagraph>
<subparagraph id="HCE0E90BD941F4A00AB695D70110A311D">
<enum>
(D)
</enum>
<header>
Withholding of
payment for failure to report
</header>
<clause id="H16C696B2FD1440A7A0489871CF6EA0A6">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
If a report required
under this paragraph is not submitted to the Secretary as required under
subparagraph (B)(i) by an independent auditor with respect to a managed care
entity in a State, the Secretary shall withhold, by the withholding percentage
under clause (ii), the payment to the State under section 1903(a) for
expenditures under a contract under section 1903(m) for the managed care entity
for the period during which the report is due but not submitted.
</text>
</clause>
<clause id="H1813088AD559496ABFDC27CAA7DAFE63">
<enum>
(ii)
</enum>
<header>
Withholding
percentage
</header>
<text>
The withholding percentage specified in this clause
is—
</text>
<subclause id="H865EF561106244DB9382D420D57EE1A1">
<enum>
(I)
</enum>
<text>
5 percentage
points; plus
</text>
</subclause>
<subclause id="H5FF1ED9E085142C7BDD5CF94901D0E0E">
<enum>
(II)
</enum>
<text>
if the failure to
report continued beyond 30 days after the date on which such report was due
under
<internal-xref idref="H5936B8FD14844246B33A66D17BD35527" legis-path="(i)(5)(B)(i)">
subparagraph (B)(i)
</internal-xref>
, 5 additional
percentage points for each subsequent 30-day period until such report is
submitted.
</text>
</subclause>
</clause>
<clause id="H6E6E0F18EE37460E82BDE78EA4F717E5">
<enum>
(iii)
</enum>
<header>
Restoration of
payment
</header>
<text>
Any amounts withheld under this subparagraph due to the
failure to submit a report shall be paid to a State not later than 10 days
after the date such report is submitted.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC57F8D424B714550B30E24899F9C8BF8">
<enum>
(8)
</enum>
<header>
Response to
deficiencies
</header>
<subparagraph id="H89B101C9F0AA4B848AA982CAC0F28FF0">
<enum>
(A)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
If a report submitted under
<internal-xref idref="H43BDC28B5DDD4BD8AFA34E71A31CF7DA" legis-path="(i)(7)">
paragraph (7)
</internal-xref>
indicates a deficiency with
respect to the financial reporting, performance, or compliance (as applicable)
with respect to a managed care entity with a contract under section 1903(m)
with a State, not later than 30 days after the date of submission of such
report the State shall submit to the Secretary (and post on the Web site
referred to in
<internal-xref idref="H75286E56618442BB9DA2B25AF9A5C9D4" legis-path="(i)(7)(B)(ii)">
paragraph (7)(B)(ii)
</internal-xref>
) documentation
of any action that the State has taken or intends to take in response to a
reported deficiency. Such documentation shall include documentation of any of
the following:
</text>
<clause id="HB1D8A2F19AD7430EA3651A7F1886A1B6">
<enum>
(i)
</enum>
<text>
Adjustments to the
terms of new or renewed contracts with such managed care entity.
</text>
</clause>
<clause id="HF1066A8C56484924B745454B1771C95D">
<enum>
(ii)
</enum>
<text>
A
corrective action plan entered into by the managed care entity with such
State.
</text>
</clause>
<clause id="HB82AA21099FF41CB880EEAFF4A9BC2B8">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
Any intermediate sanction under subsection
(e) against the managed care entity.
</text>
</clause>
<clause id="H93684E206B7D4F8CB9C384FF0B26B5FF">
<enum>
(iv)
</enum>
<text>
Termination of
the contract with the managed care entity.
</text>
</clause>
</subparagraph>
<subparagraph id="H5707FE55A19842068D66CF5AEABA9957">
<enum>
(B)
</enum>
<header>
OIG report to
Congress
</header>
<text>
The Secretary, acting through the Inspector General in
the Department of Health and Human Services, shall annually submit to Congress
and make available to the public a report on the audits conducted under this
subsection and the responses of States to reports of deficiencies in such
audits. Such report shall contain such recommendations for changes in law or
regulation as may be appropriate to ensure the prudent expenditure of funds for
items and services furnished through managed care entities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2C9DBEB6C97C458E97630CDD06C3CFB5">
<enum>
(9)
</enum>
<header>
Access to
information required under contract; sanctions for misrepresentation or
falsification of records
</header>
<subparagraph id="HC16B0B3CF9B64562AC18567AF6F76238">
<enum>
(A)
</enum>
<header>
Access
</header>
<text>
If
a State enters into or renews a contract under section 1903(m) after the date
of the enactment of the
<short-title>
Medicaid Integrity
Act of 2013
</short-title>
, such contract shall provide that the managed care
entity, as a condition of receiving payment under such contract, shall provide
the independent auditor with access to all information necessary for purposes
of the audits under
<internal-xref idref="HFC4BED20DE5E4719A9D876887B158AE2" legis-path="(i)(4)">
paragraph (4)
</internal-xref>
.
</text>
</subparagraph>
<subparagraph id="HFF9F340E73C643DE9C519F7163EBD1F1">
<enum>
(B)
</enum>
<header>
Sanctions for
misrepresentation or falsification
</header>
<text>
The misrepresentation or
falsification of information that is furnished for purposes of such an audit
shall be subject to a civil monetary penalty under subparagraph (B)(i) of
section 1903(m)(5) in the same manner as a misrepresentation or falsification
described in subparagraph (A)(iv)(I) of such section.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H682B65365028452D81A23CF8C1B9E8AD">
<enum>
(10)
</enum>
<header>
Application to
waiver States
</header>
<text display-inline="yes-display-inline">
In the case of
any State which is providing medical assistance to its residents under a waiver
granted under section 1115, the Secretary shall require the State to meet the
requirements of this subsection and subsection (j) in the same manner as the
State would be required to meet such requirement if the State had in effect a
plan approved under this title.
</text>
</paragraph>
<paragraph id="H0EB7E451D65944D6B608575CE9F433EA">
<enum>
(11)
</enum>
<header>
Reducing
duplicate audits
</header>
<text display-inline="yes-display-inline">
Notwithstanding any other provision of this
title, insofar as the Secretary determines that the performance of an audit
under this subsection duplicates the performance of an audit required under
another provision of this title, the completion of the audit under this
subsection shall satisfy such requirement.
</text>
</paragraph>
<paragraph id="H94D7D06F0A7A4446A9B412072112F53D">
<enum>
(12)
</enum>
<header>
Reservation of
State powers
</header>
<text>
Nothing in this subsection shall be construed to
limit the power of a State, including the power of a State to pursue civil and
criminal penalties under State law against any individual or entity that
misuses, or engages in fraud or abuse related to, the funds provided to a State
under this title.
</text>
</paragraph>
<paragraph id="H150CE33C5C5B4BF6AE7ECAEAEE4ACAC8">
<enum>
(13)
</enum>
<header>
Construction
</header>
<text>
Nothing
in this subsection shall be construed to prevent the Secretary from taking any
action, including disallowances of payment, with respect to violations of this
title related to a contract with a managed care entity.
</text>
</paragraph>
<paragraph id="H2FF365BDBB0940FFAA7EAFF7CD797C3B">
<enum>
(14)
</enum>
<header>
Definitions
</header>
<subparagraph id="HD7D5D714E9E9460386A5DAE1FEE2BE20">
<enum>
(A)
</enum>
<header>
Affiliate of the
managed care entity
</header>
<text display-inline="yes-display-inline">
For
purposes of this subsection and subsection (j), the term
<term>
affiliate of the
managed care entity
</term>
means an entity that, to a significant extent, is
associated or affiliated with, or has control of or is controlled by, the
managed care entity or that is related to such managed care entity by common
ownership. For purposes of this definition—
</text>
<clause id="H5936B8FD14844246B33A66D17BD35527">
<enum>
(i)
</enum>
<text>
common ownership
exists if an individual or individuals possess significant ownership or equity
in the managed care entity and the affiliate of the managed care entity;
and
</text>
</clause>
<clause id="HEA322867F5BE4C91BD473D59EB01EC53">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
control exists if an entity has the power,
directly or indirectly, to significantly influence or direct the actions or
policies of another entity.
</text>
</clause>
</subparagraph>
<subparagraph id="H515D4FCC12A14EF6972EE55655AD6AA7">
<enum>
(B)
</enum>
<header>
Contract
year
</header>
<text display-inline="yes-display-inline">
For purposes of this
subsection, the term
<term>
contract year
</term>
means, with respect to a
managed care entity and a State, the 12-month period that begins on the
effective date of a contract under section 1903(m) between the managed care
entity and the State, and each subsequent 12-month period while such contract
is
effective.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H3614E785653E446587BDB57768CCF8C6">
<enum>
(b)
</enum>
<header>
Independent
actuary
</header>
<text>
Section 1932 of the Social Security Act (42 U.S.C.
1396u–2), as amended by section 2, is further amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H17337979F2E6430AAD2F2A527811A6A3" style="OLC">
<subsection id="HADC4A798906A437A85B1071477A7A5AB">
<enum>
(j)
</enum>
<header>
Independent
actuary
</header>
<text display-inline="yes-display-inline">
As a condition of
receiving a payment under section 1903(a) with respect to expenditures under a
contract between a State and a managed care entity under section 1903(m), a
State may not enter into an agreement with an entity (referred to in this
subsection as an
<term>
actuary
</term>
) to provide actuarial services related to
the State’s administration of such contract unless the following requirements
are met:
</text>
<paragraph id="H8F9A5462292C47ED80AC4D8C323037C0">
<enum>
(1)
</enum>
<header>
No actuarial
services or financial relationship for contract period
</header>
<text display-inline="yes-display-inline">
The actuary has not provided actuarial
services to the managed care entity for, or otherwise had any financial
relationship with the managed care entity during, any period of the contract
(between such managed care entity and the State) with respect to which the
actuarial services under the agreement (between the actuary and the State) are
to be provided.
</text>
</paragraph>
<paragraph id="HC97F2F4F8D8A4DBA98BFBF45A601EB6E">
<enum>
(2)
</enum>
<header>
No financial
relationship during term of agreement with State
</header>
<text>
The actuary
agrees not to have such a financial relationship with the managed care entity
or affiliate during any part of the period of the agreement (between the State
and the actuary).
</text>
</paragraph>
<paragraph id="H4BE04AECB60F4131B99A2A4C401E0D9C">
<enum>
(3)
</enum>
<header>
Special rule for
first contract year
</header>
<text display-inline="yes-display-inline">
For the
first contract year in which this subsection applies, the actuary has not had
such a financial relationship with the managed care entity or affiliate during
the 2-year period ending on the date the actuary and State enter into an
agreement subject to this
subsection.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4B9E6A0257124EF4A75BA10296C19648">
<enum>
(c)
</enum>
<header>
Transitional
financial incentives to States
</header>
<text display-inline="yes-display-inline">
Section 1903(a)(3) of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396b">
42 U.S.C. 1396b(a)(3)
</external-xref>
) is amended by inserting after subparagraph (F) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H36FA7458869C468E904AB19E11E9BF0F" style="traditional">
<subparagraph id="H7C92F08F16B548CE9B38A994072FDA88">
<enum>
(G)
</enum>
<text display-inline="yes-display-inline">
75 percent of so much of the sums expended
as are attributable to expenditures for the first 3 biannual financial audits
conducted under section 1932(i)(4)(A)(i) after the date of enactment of the
Medicaid Integrity Act of 2013, and for the first 2 biannual
performance-compliance audits conducted under section 1932(i)(4)(A)(ii) after
such date;
plus
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 162 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mrs. Bachmann introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 1932 of the Social Security Act to require independent audits and actuarial services under Medicaid managed care programs, and for other purposes.
1. Short title This Act may be cited as the Medicaid Integrity Act of 2013 . 2. Independent audit and actuary requirements for State Medicaid managed care programs (a) In general Section 1932 of the Social Security Act ( 42 U.S.C. 1396u–2 ) is amended by adding at the end the following: (i) Independent audit requirements (1) In general As a condition of receiving a payment under section 1903(a) with respect to expenditures under a contract with a managed care entity under section 1903(m), a State, acting through the State agency under the State plan or another State entity, shall, in accordance with this subsection, enter into a contract with an independent auditor to— (A) conduct audits of such managed care entity under such contract; and (B) report the results of such audits under paragraph (7) . (2) Independent auditor defined In this subsection, subject to subparagraph (B), the term independent auditor means, with respect to the audit of a managed care entity in a State for a period of time, an auditing entity that— (A) had no financial relationship with the managed care entity or an affiliate of such managed care entity for activities occurring during the period for which the audit is conducted; (B) has no such financial relationship with the managed care entity or affiliate for the period during which the audit is being conducted; and (C) with respect to the initial audits under paragraph (4) of a managed care entity, has not had such a financial relationship with the managed care entity or affiliate during the 2-year period ending on the date the auditing entity and State enter into a contract under paragraph (1). (3) Standards for audits (A) In general The Secretary shall set uniform standards for the audits required under paragraph (4) . (B) Requirements for standards The standards under subparagraph (A) shall— (i) be consistent with Federal Government auditing standards issued by the Comptroller General of the United States; (ii) specify a uniform reporting format for the reporting of such audits under paragraph (7) ; and (iii) require that any report for an audit required under paragraph (7) include a certification by a certified public accountant. (4) Types of audits and information required (A) In general The independent auditor contracting with a State under paragraph (1) shall conduct and complete, for each managed care entity with a contract under section 1903(m) in such State the following: (i) A biannual financial audit described in paragraph (5) . (ii) A biannual performance-compliance audit described in paragraph (6). (B) Timing of audits (i) Initial, staggered audits For the purpose of establishing baseline data, with respect to each managed care entity with a contract under section 1903(m) with a State, the State shall complete— (I) an initial audit under subparagraph (A)(i) not later than 6 months after the date of enactment of the Medicaid Integrity Act of 2013; and (II) an initial audit under subparagraph (A)(ii) not later than 18 months after such date. The initial audit of an entity under subparagraph (A)(ii) shall be completed approximately 1 year after the initial audit of the entity under subparagraph (A)(i) . (ii) Subsequent, staggered audits Subsequent audits under each such subparagraph shall be completed every two years. (C) Period covered by audit (i) In general Each audit under this paragraph shall cover a 2-calendar-year period. (ii) Initial financial audit The first biennial financial audit under subparagraph (A)(i) shall cover the 2-calendar-year period that ends on the last day of the calendar year that ends 6 months before the deadline for completion of such initial audit under (B)(i)(I). (iii) Initial performance-compliance audit The first biennial performance-compliance audit under subparagraph (A)(ii) shall cover the 2-calendar-year period that ends on the last day of the calendar year that ends 6 months before the deadline for completion of such initial audit under (B)(i)(II). (5) Biannual financial audit A biannual financial audit under paragraph (4)(A)(i) , with respect to a managed care entity with a contract under section 1903(m) in a State, is an audit of the finances of the managed care entity relating to such contract. Each such audit shall include an audit of at least the following information: (A) Expenses and revenues With respect to services provided under such contract, the managed care entity’s— (i) administrative expenses; (ii) revenues, including investment income; and (iii) payments made by the managed care entity for nonadministrative services. (B) Claims and encounter data Subject to paragraph (7)(C) — (i) claims data related to services provided by such managed care entity under such contract; and (ii) encounter data that relate to such services and support such claims. (C) Expenditures on patient services With respect to services provided under such contract, the managed care entity’s payments to health care providers, that have been issued a national provider identifier under title XI, for items and services furnished on behalf of beneficiaries based on the claims and encounter data described in subparagraph (B) . (D) Provider payment ratio (i) In general The ratio of the payments to health care providers described in subparagraph (C) to the aggregate payments to the managed care entity under the contract. (ii) Construction The ratio under clause (i) is not a medical loss ratio and is not comparable to a medical loss ratio. (E) Provider payment rates and methodologies Subject to paragraph (7)(C)(ii) , the managed care entity’s payment rates and payment methodology for health care services under such contract, by provider type or service category, including a description of— (i) alternative payment arrangements between the managed care entity and providers; and (ii) payments made by the managed care entity to providers that are separate from claims for services provided. (F) Identification of administrative vendors With respect to services provided under such contract, identification of providers and vendors for administrative services under contract with the managed care entity. (G) Reserve fund contributions Contributions that the managed care entity has made to its reserve fund under such contract. (H) Reinsurance Data on the amount of reinsurance or transfer of risk that the managed care entity has obtained with respect to the risk assumed by such entity under such contract. (I) Charitable contributions and donations Contributions and donations that the managed care entity has made to government or non-profit entities, the identity of such government or non-profit entities, and the amount of the contributions and donations made to each such entity. (6) Biannual performance-compliance audit A biannual audit under this paragraph (4)(A)(ii) , with respect to a managed care entity with a contract under section 1903(m) in a State, is an audit of the performance of such managed care entity under such contract (including with respect to the performance of risk assessment under the contract) and the compliance of such managed care entity, during the period covered by the audit, with— (A) the terms of the contract; and (B) applicable State and Federal laws, regulations, and guidance, including provisions of such laws, regulations, and guidance related to allowable costs under such contracts. (7) Reporting and public availability of audit results (A) Notice and opportunity for comment (i) In general With respect to an audit of a managed care entity conducted by an independent auditor under this subsection, such auditor shall— (I) submit a report on the results of the audit to the managed care entity; and (II) provide the managed care entity with the opportunity to submit comments on such audit to the auditor during a 30-day period. (ii) Review of comments and revision of report The independent auditor shall review the comments submitted under clause (i)(II) and may revise such report based on such comments. (B) Public report (i) In general Not later than 45 days after the end of the 30-day comment period provided under subparagraph (A)(i)(II), the independent auditor shall submit to the Secretary, the State, and the managed care entity a report containing the results of such audit (including, in the case of an annual financial audit under paragraph (4)(A)(i) , the information described in paragraph (5)(D)), any comments received under subparagraph (A)(i)(II), and an executive summary of the audit report. The Secretary for good cause may extend by not more than 30 days the deadline for submitting a report under the previous sentence. (ii) Posting on public web site Subject to subparagraph (C), not later than 30 days after the date that the State receives a report under clause (i), the State shall post such report (including the executive summary of the report) on a Web site maintained by the State in connection with administration of this title and available to the public. (C) Privacy and confidentiality protection (i) Patient protections Nothing in this subsection shall be construed as modifying the application of the HIPAA privacy regulations (as defined in section 1180(b)(3)). (ii) Protection of certain proprietary information Nothing in this subsection shall be construed as authorizing the public disclosure of the payment rates that a managed care entity uses to pay any health care provider or the methodology that the managed care entity uses to develop such rates. (iii) Protection of encounter data Subject to clause (i) , an independent auditor, when submitting a report under subparagraph (A) , may submit encounter data to a State. An independent auditor, or a State, shall not submit to the Federal Government any encounter data that are collected for purposes of the audits under this subsection. (D) Withholding of payment for failure to report (i) In general If a report required under this paragraph is not submitted to the Secretary as required under subparagraph (B)(i) by an independent auditor with respect to a managed care entity in a State, the Secretary shall withhold, by the withholding percentage under clause (ii), the payment to the State under section 1903(a) for expenditures under a contract under section 1903(m) for the managed care entity for the period during which the report is due but not submitted. (ii) Withholding percentage The withholding percentage specified in this clause is— (I) 5 percentage points; plus (II) if the failure to report continued beyond 30 days after the date on which such report was due under subparagraph (B)(i) , 5 additional percentage points for each subsequent 30-day period until such report is submitted. (iii) Restoration of payment Any amounts withheld under this subparagraph due to the failure to submit a report shall be paid to a State not later than 10 days after the date such report is submitted. (8) Response to deficiencies (A) Report If a report submitted under paragraph (7) indicates a deficiency with respect to the financial reporting, performance, or compliance (as applicable) with respect to a managed care entity with a contract under section 1903(m) with a State, not later than 30 days after the date of submission of such report the State shall submit to the Secretary (and post on the Web site referred to in paragraph (7)(B)(ii) ) documentation of any action that the State has taken or intends to take in response to a reported deficiency. Such documentation shall include documentation of any of the following: (i) Adjustments to the terms of new or renewed contracts with such managed care entity. (ii) A corrective action plan entered into by the managed care entity with such State. (iii) Any intermediate sanction under subsection (e) against the managed care entity. (iv) Termination of the contract with the managed care entity. (B) OIG report to Congress The Secretary, acting through the Inspector General in the Department of Health and Human Services, shall annually submit to Congress and make available to the public a report on the audits conducted under this subsection and the responses of States to reports of deficiencies in such audits. Such report shall contain such recommendations for changes in law or regulation as may be appropriate to ensure the prudent expenditure of funds for items and services furnished through managed care entities. (9) Access to information required under contract; sanctions for misrepresentation or falsification of records (A) Access If a State enters into or renews a contract under section 1903(m) after the date of the enactment of the Medicaid Integrity Act of 2013 , such contract shall provide that the managed care entity, as a condition of receiving payment under such contract, shall provide the independent auditor with access to all information necessary for purposes of the audits under paragraph (4) . (B) Sanctions for misrepresentation or falsification The misrepresentation or falsification of information that is furnished for purposes of such an audit shall be subject to a civil monetary penalty under subparagraph (B)(i) of section 1903(m)(5) in the same manner as a misrepresentation or falsification described in subparagraph (A)(iv)(I) of such section. (10) Application to waiver States In the case of any State which is providing medical assistance to its residents under a waiver granted under section 1115, the Secretary shall require the State to meet the requirements of this subsection and subsection (j) in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this title. (11) Reducing duplicate audits Notwithstanding any other provision of this title, insofar as the Secretary determines that the performance of an audit under this subsection duplicates the performance of an audit required under another provision of this title, the completion of the audit under this subsection shall satisfy such requirement. (12) Reservation of State powers Nothing in this subsection shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under this title. (13) Construction Nothing in this subsection shall be construed to prevent the Secretary from taking any action, including disallowances of payment, with respect to violations of this title related to a contract with a managed care entity. (14) Definitions (A) Affiliate of the managed care entity For purposes of this subsection and subsection (j), the term affiliate of the managed care entity means an entity that, to a significant extent, is associated or affiliated with, or has control of or is controlled by, the managed care entity or that is related to such managed care entity by common ownership. For purposes of this definition— (i) common ownership exists if an individual or individuals possess significant ownership or equity in the managed care entity and the affiliate of the managed care entity; and (ii) control exists if an entity has the power, directly or indirectly, to significantly influence or direct the actions or policies of another entity. (B) Contract year For purposes of this subsection, the term contract year means, with respect to a managed care entity and a State, the 12-month period that begins on the effective date of a contract under section 1903(m) between the managed care entity and the State, and each subsequent 12-month period while such contract is effective. . (b) Independent actuary Section 1932 of the Social Security Act (42 U.S.C. 1396u–2), as amended by section 2, is further amended by adding at the end the following: (j) Independent actuary As a condition of receiving a payment under section 1903(a) with respect to expenditures under a contract between a State and a managed care entity under section 1903(m), a State may not enter into an agreement with an entity (referred to in this subsection as an actuary ) to provide actuarial services related to the State’s administration of such contract unless the following requirements are met: (1) No actuarial services or financial relationship for contract period The actuary has not provided actuarial services to the managed care entity for, or otherwise had any financial relationship with the managed care entity during, any period of the contract (between such managed care entity and the State) with respect to which the actuarial services under the agreement (between the actuary and the State) are to be provided. (2) No financial relationship during term of agreement with State The actuary agrees not to have such a financial relationship with the managed care entity or affiliate during any part of the period of the agreement (between the State and the actuary). (3) Special rule for first contract year For the first contract year in which this subsection applies, the actuary has not had such a financial relationship with the managed care entity or affiliate during the 2-year period ending on the date the actuary and State enter into an agreement subject to this subsection. . (c) Transitional financial incentives to States Section 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) ) is amended by inserting after subparagraph (F) the following: (G) 75 percent of so much of the sums expended as are attributable to expenditures for the first 3 biannual financial audits conducted under section 1932(i)(4)(A)(i) after the date of enactment of the Medicaid Integrity Act of 2013, and for the first 2 biannual performance-compliance audits conducted under section 1932(i)(4)(A)(ii) after such date; plus . |
113-hr-163-ih-dtd | 113-hr-163 | 113 | hr | 163 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr163ih.xml | BILLS-113hr163ih.xml | 2023-01-08 17:42:48.647 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H68E4B78467C74A58AA07DB464AC1C369" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 163 IH: Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 163
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001271">
Mr. Benishek
</sponsor>
(for
himself,
<cosponsor name-id="C000071">
Mr. Camp
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
,
<cosponsor name-id="U000031">
Mr. Upton
</cosponsor>
, and
<cosponsor name-id="R000572">
Mr. Rogers of Michigan
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To designate as wilderness certain land and inland water
within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and
for other purposes.
</official-title>
</form>
<legis-body id="H29B9FB8E998C492FB90B815B724B813A" style="OLC">
<section id="H6B589AC611E344669900847B3F077AF3" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Sleeping Bear Dunes National Lakeshore
Conservation and Recreation Act
</short-title>
</quote>
.
</text>
</section>
<section id="HCF41232B0B9B483585A5078F04288ABB">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="HC0E03ABA739C4316B05CF37B9CC24B11">
<enum>
(1)
</enum>
<header>
Map
</header>
<text>
The
term
<term>
map
</term>
means the map consisting of 6 sheets entitled
<quote>
Sleeping Bear Dunes National Lakeshore Proposed Wilderness
Boundary
</quote>
, numbered 634/80,083B, and dated November 2010.
</text>
</paragraph>
<paragraph id="HA0BE279EAF30446B92CCCFF1B1877200">
<enum>
(2)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of the Interior.
</text>
</paragraph>
</section>
<section id="H664050522F54482AA23505F14A4D141B">
<enum>
3.
</enum>
<header>
Sleeping bear
dunes wilderness
</header>
<subsection id="HC6AE09688AFD44BE964B596783A8EAC5">
<enum>
(a)
</enum>
<header>
Designation
</header>
<text>
In
accordance with the Wilderness Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1131">
16 U.S.C. 1131 et seq.
</external-xref>
), certain land and
inland water within the Sleeping Bear Dunes National Lakeshore comprising
approximately 32,557 acres along the mainland shore of Lake Michigan and on
certain nearby islands in Benzie and Leelanau Counties, Michigan, as generally
depicted on the map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
<quote>
Sleeping
Bear Dunes Wilderness
</quote>
.
</text>
</subsection>
<subsection id="HA788B600C18A4E80910EA3BF684ECA14">
<enum>
(b)
</enum>
<header>
Map
</header>
<paragraph id="H443C2550E6E947FBBB0E932067C84589">
<enum>
(1)
</enum>
<header>
Availability
</header>
<text>
The
map shall be on file and available for public inspection in appropriate offices
of the National Park Service.
</text>
</paragraph>
<paragraph id="H9D525D0F77FB4D4290F27BD161561A0D">
<enum>
(2)
</enum>
<header>
Corrections
</header>
<text>
The
Secretary may correct any clerical or typographical errors in the map.
</text>
</paragraph>
<paragraph id="H7420C40628B2440993F5D84AEFFA8686">
<enum>
(3)
</enum>
<header>
Legal
description
</header>
<text>
As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare a legal description of the wilderness
boundary and submit a copy of the map and legal description to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives.
</text>
</paragraph>
</subsection>
<subsection id="H4BFFC31AE8764145BC3EB138E37DDFDA">
<enum>
(c)
</enum>
<header>
Road
setbacks
</header>
<text>
The wilderness boundary shall be—
</text>
<paragraph id="H83CEE7A912544EAD93AD91A0CD7E3539">
<enum>
(1)
</enum>
<text>
100 feet from the
centerline of adjacent county roads; and
</text>
</paragraph>
<paragraph id="HB115185D55FF43D09F6B0EEA7D6B1CFB">
<enum>
(2)
</enum>
<text>
300 feet from the
centerline of adjacent State highways.
</text>
</paragraph>
</subsection>
</section>
<section id="HFA186D36710B467DB672C467F3D5F482">
<enum>
4.
</enum>
<header>
Administration
</header>
<subsection id="H6A5F0CE08145428A959E278C149CE28D">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subject to valid existing rights, the wilderness area
designated by section 3(a) shall be administered by the Secretary in accordance
with the Wilderness Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1131">
16 U.S.C. 1131 et seq.
</external-xref>
), except that—
</text>
<paragraph id="H4C2E7E162AD441888CCDD734318CA21F">
<enum>
(1)
</enum>
<text>
any reference in
the Wilderness Act to the effective date of that Act shall be considered to be
a reference to the date of enactment of this Act; and
</text>
</paragraph>
<paragraph id="H6035FACBEC33450F889A6905EF64D403">
<enum>
(2)
</enum>
<text>
any reference in
the Wilderness Act to the Secretary of Agriculture shall be considered to be a
reference to the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H2C911091FB9C4C4A9F777DB41A665C00">
<enum>
(b)
</enum>
<header>
Maintenance of
roads outside wilderness boundary
</header>
<text>
Nothing in this Act prevents
the maintenance and improvement of roads that are located outside the boundary
of the wilderness area designated by section 3(a).
</text>
</subsection>
<subsection id="HBA43CF3F841D434796483F37B05C6E81">
<enum>
(c)
</enum>
<header>
Fish and
wildlife
</header>
<text>
Nothing in this Act affects the jurisdiction of the
State of Michigan with respect to the management of fish and wildlife,
including hunting and fishing within the national lakeshore in accordance with
section 5 of
<external-xref legal-doc="public-law" parsable-cite="pl/91/479">
Public Law 91–479
</external-xref>
(
<external-xref legal-doc="usc" parsable-cite="usc/16/460x-4">
16 U.S.C. 460x–4
</external-xref>
).
</text>
</subsection>
<subsection id="H45C7734EE508482B90958D42B2ACDA09">
<enum>
(d)
</enum>
<header>
Savings
provisions
</header>
<text>
Nothing in this Act modifies, alters, or
affects—
</text>
<paragraph id="HD3E938C2EE3944D4B3307D306EF332EF">
<enum>
(1)
</enum>
<text>
any treaty rights;
or
</text>
</paragraph>
<paragraph id="H78756FA09DF243E7A8EE64F66EB3976C">
<enum>
(2)
</enum>
<text>
any valid private
property rights in existence on the day before the date of enactment of this
Act.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 163 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Benishek (for himself, Mr. Camp , Mr. Huizenga of Michigan , Mr. Walberg , Mr. Upton , and Mr. Rogers of Michigan ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate as wilderness certain land and inland water within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes.
1. Short title This Act may be cited as the Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act . 2. Definitions In this Act: (1) Map The term map means the map consisting of 6 sheets entitled Sleeping Bear Dunes National Lakeshore Proposed Wilderness Boundary , numbered 634/80,083B, and dated November 2010. (2) Secretary The term Secretary means the Secretary of the Interior. 3. Sleeping bear dunes wilderness (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain land and inland water within the Sleeping Bear Dunes National Lakeshore comprising approximately 32,557 acres along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties, Michigan, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sleeping Bear Dunes Wilderness . (b) Map (1) Availability The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Corrections The Secretary may correct any clerical or typographical errors in the map. (3) Legal description As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a legal description of the wilderness boundary and submit a copy of the map and legal description to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (c) Road setbacks The wilderness boundary shall be— (1) 100 feet from the centerline of adjacent county roads; and (2) 300 feet from the centerline of adjacent State highways. 4. Administration (a) In general Subject to valid existing rights, the wilderness area designated by section 3(a) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Maintenance of roads outside wilderness boundary Nothing in this Act prevents the maintenance and improvement of roads that are located outside the boundary of the wilderness area designated by section 3(a). (c) Fish and wildlife Nothing in this Act affects the jurisdiction of the State of Michigan with respect to the management of fish and wildlife, including hunting and fishing within the national lakeshore in accordance with section 5 of Public Law 91–479 ( 16 U.S.C. 460x–4 ). (d) Savings provisions Nothing in this Act modifies, alters, or affects— (1) any treaty rights; or (2) any valid private property rights in existence on the day before the date of enactment of this Act. |
113-hr-163-rh-dtd | 113-hr-163 | 113 | hr | 163 | rh | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr163rh.xml | BILLS-113hr163rh.xml | 2023-01-07 05:36:01.345 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="H68E4B78467C74A58AA07DB464AC1C369" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 163 RH: Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2014-02-28
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 272
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
2d Session
</session>
<legis-num>
H. R. 163
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–366]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001271">
Mr. Benishek
</sponsor>
(for himself,
<cosponsor name-id="C000071">
Mr. Camp
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
,
<cosponsor name-id="U000031">
Mr. Upton
</cosponsor>
, and
<cosponsor name-id="R000572">
Mr. Rogers of Michigan
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name added-display-style="italic" committee-id="HII00" deleted-display-style="strikethrough">
Committee on Natural Resources
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20140228">
February 28, 2014
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="M001150">
Mrs. Miller of Michigan
</cosponsor>
,
<cosponsor name-id="B001280">
Mr. Bentivolio
</cosponsor>
,
<cosponsor name-id="L000263">
Mr. Levin
</cosponsor>
,
<cosponsor name-id="P000595">
Mr. Peters of Michigan
</cosponsor>
,
<cosponsor name-id="D000355">
Mr. Dingell
</cosponsor>
, and
<cosponsor name-id="K000380">
Mr. Kildee
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20140228">
February 28, 2014
</action-date>
<action-desc>
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
</action-desc>
<action-instruction>
Strike out all after the enacting clause and insert the part printed in italic
</action-instruction>
<action-instruction>
For text of introduced bill, see copy of bill as introduced on January 4, 2013
</action-instruction>
</action>
<action display="yes">
<action-desc display="yes">
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To designate as wilderness certain land and inland water within the Sleeping Bear Dunes National
Lakeshore in the State of Michigan, and for other purposes.
<pagebreak/>
</official-title>
</form>
<legis-body changed="added" committee-id="HII00" display-enacting-clause="yes-display-enacting-clause" id="H477233B9FA9C4577AD4CF44DC26F5357" reported-display-style="italic" style="OLC">
<section id="HFF2611950B9345FE8EB4DE945BFB3C7D" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act
</short-title>
</quote>
.
</text>
</section>
<section id="HBF13F35D6EE240AD88BD90C6BECDEE54">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H5142781E2E6E44A8B5C12FBA6A37384B">
<enum>
(1)
</enum>
<header>
Map
</header>
<text>
The term
<term>
map
</term>
means the map consisting of 6 sheets entitled
<quote>
Sleeping Bear Dunes National Lakeshore Proposed Wilderness Boundary
</quote>
, numbered 634/80,083B, and dated November 2010.
</text>
</paragraph>
<paragraph id="H7319E3417A1F4D038482561BDB624BE9">
<enum>
(2)
</enum>
<header>
Secretary
</header>
<text>
The term
<term>
Secretary
</term>
means the Secretary of the Interior.
</text>
</paragraph>
</section>
<section id="H4E2CCB9EE39B434BA18FD6DFC6055890">
<enum>
3.
</enum>
<header>
Sleeping bear dunes wilderness
</header>
<subsection id="H97F5BE8DB32C43ACB940318C3FED1E8D">
<enum>
(a)
</enum>
<header>
Designation
</header>
<text>
In accordance with the Wilderness Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1131">
16 U.S.C. 1131 et seq.
</external-xref>
), certain land and inland water
within the Sleeping Bear Dunes National Lakeshore comprising approximately
32,557 acres along the mainland shore of Lake Michigan and on certain
nearby islands in Benzie and Leelanau Counties, Michigan, as generally
depicted on the map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
<quote>
Sleeping Bear Dunes Wilderness
</quote>
.
</text>
</subsection>
<subsection id="H5B936D3E0F9C4FAD86E9921576C02417">
<enum>
(b)
</enum>
<header>
Map
</header>
<paragraph id="H97EC8B33C0A64F4E96AB8C1B3CB47FC0">
<enum>
(1)
</enum>
<header>
Availability
</header>
<text>
The map shall be on file and available for public inspection in appropriate offices of the National
Park Service.
</text>
</paragraph>
<paragraph id="H5DE2EAF349284CEB945E0728B4D431A0">
<enum>
(2)
</enum>
<header>
Corrections
</header>
<text>
The Secretary may correct any clerical or typographical errors in the map.
</text>
</paragraph>
<paragraph id="H3282FDB1AECC4867840899EFB05B6B7B">
<enum>
(3)
</enum>
<header>
Legal description
</header>
<text>
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a legal
description of the wilderness boundary and submit a copy of the map and
legal description to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives.
</text>
</paragraph>
</subsection>
<subsection id="H6532B48EE48C43FD9F08FDCA148B23DB">
<enum>
(c)
</enum>
<header>
Road setbacks
</header>
<text>
The wilderness boundary shall be—
</text>
<paragraph id="HC21B814A930A4DE696176100689A968E">
<enum>
(1)
</enum>
<text>
100 feet from the centerline of adjacent county roads; and
</text>
</paragraph>
<paragraph id="H29FE01E2FE7B4866814A7DFC75931A34">
<enum>
(2)
</enum>
<text>
300 feet from the centerline of adjacent State highways.
</text>
</paragraph>
</subsection>
</section>
<section id="H4CFA8441D5AA4D8782FB3654B30CA31C">
<enum>
4.
</enum>
<header>
Administration
</header>
<subsection id="HB962743C7EE24E0CB62DC61BAE5329CF">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Subject to valid existing rights, the wilderness area designated by section 3(a) shall be
administered by the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that—
</text>
<paragraph id="H11AB466C3E124D3188C9C4039C0B8E17">
<enum>
(1)
</enum>
<text>
any reference in the Wilderness Act to the effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
</text>
</paragraph>
<paragraph id="H9AF816335DE34C4286DA34E19414A2BE">
<enum>
(2)
</enum>
<text>
any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a
reference to the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H4931D41D880A4079BE25AB55A776ABDE">
<enum>
(b)
</enum>
<header>
Maintenance of roads outside wilderness boundary
</header>
<text>
Nothing in this Act prevents the maintenance and improvement of roads that are located outside the
boundary of the wilderness area designated by section 3(a).
</text>
</subsection>
<subsection id="HB4B5A8460BD04E77B85EBACA37412D00">
<enum>
(c)
</enum>
<header>
Fish and wildlife
</header>
<text>
Nothing in this Act affects the jurisdiction of the State of Michigan with respect to the
management of fish and wildlife, including hunting and fishing within the
national lakeshore in accordance with section 5 of
<external-xref legal-doc="public-law" parsable-cite="pl/91/479">
Public Law 91–479
</external-xref>
(16
U.S.C. 460x–4).
</text>
</subsection>
<subsection id="H4CE351F2CE0149A0A2BE52B04548BBD6">
<enum>
(d)
</enum>
<header>
Buffer zones
</header>
<paragraph id="H7CE7D03162364851BACEB9F00C340537">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Nothing in this section creates a protective perimeter or buffer zone around any area designated as
wilderness by subsection (a).
</text>
</paragraph>
<paragraph id="HD032C5405AA04EC2B90414FA3EA2A812">
<enum>
(2)
</enum>
<header>
Activities outside wilderness
</header>
<text display-inline="yes-display-inline">
The fact that an activity or use on land outside any area designated as wilderness by subsection
(a) can be seen or heard within the wilderness shall not preclude the
activity or use outside the boundary of the wilderness.
</text>
</paragraph>
</subsection>
<subsection id="H539231C2B47B4529AB61CF344FD0CD8A">
<enum>
(e)
</enum>
<header>
Military overflights
</header>
<text display-inline="yes-display-inline">
Nothing in this section restricts or precludes—
</text>
<paragraph id="HF3D6F4BEB7B249D0B6C3DF6A4EDB44A5">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
low-level overflights of military aircraft over an area designated as wilderness by subsection (a),
including military overflights that can be seen or heard within any
wilderness area;
</text>
</paragraph>
<paragraph id="HB81096CA12FA4D2EBE3FFEB4E5DD6623">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
flight testing and evaluation; or
</text>
</paragraph>
<paragraph id="HA0867911B03047C29783706CB394E12F">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
the designation or creation of new units of special use airspace, or the establishment of military
flight training routes over the wilderness area.
</text>
</paragraph>
</subsection>
<subsection id="H8240C1B45A884465A8D41E98BC79F203">
<enum>
(f)
</enum>
<header>
Savings provisions
</header>
<text>
Nothing in this Act modifies, alters, or affects—
</text>
<paragraph id="H9491B82D33904831A5A22E72F21CB7B6">
<enum>
(1)
</enum>
<text>
any treaty rights; or
</text>
</paragraph>
<paragraph id="HD25531AA3D344C68AEF0FA4BE38DEA20">
<enum>
(2)
</enum>
<text>
any valid private property rights in existence on the day before the date of enactment of this Act.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20140228">
February 28, 2014
</action-date>
<action-desc>
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 272 113th CONGRESS 2d Session H. R. 163 [Report No. 113–366] IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Benishek (for himself, Mr. Camp , Mr. Huizenga of Michigan , Mr. Walberg , Mr. Upton , and Mr. Rogers of Michigan ) introduced the following bill; which was referred to the Committee on Natural Resources February 28, 2014 Additional sponsors: Mrs. Miller of Michigan , Mr. Bentivolio , Mr. Levin , Mr. Peters of Michigan , Mr. Dingell , and Mr. Kildee February 28, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on January 4, 2013 A BILL To designate as wilderness certain land and inland water within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes.
1. Short title This Act may be cited as the Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act . 2. Definitions In this Act: (1) Map The term map means the map consisting of 6 sheets entitled Sleeping Bear Dunes National Lakeshore Proposed Wilderness Boundary , numbered 634/80,083B, and dated November 2010. (2) Secretary The term Secretary means the Secretary of the Interior. 3. Sleeping bear dunes wilderness (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain land and inland water within the Sleeping Bear Dunes National Lakeshore comprising approximately 32,557 acres along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties, Michigan, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sleeping Bear Dunes Wilderness . (b) Map (1) Availability The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Corrections The Secretary may correct any clerical or typographical errors in the map. (3) Legal description As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a legal description of the wilderness boundary and submit a copy of the map and legal description to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (c) Road setbacks The wilderness boundary shall be— (1) 100 feet from the centerline of adjacent county roads; and (2) 300 feet from the centerline of adjacent State highways. 4. Administration (a) In general Subject to valid existing rights, the wilderness area designated by section 3(a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Maintenance of roads outside wilderness boundary Nothing in this Act prevents the maintenance and improvement of roads that are located outside the boundary of the wilderness area designated by section 3(a). (c) Fish and wildlife Nothing in this Act affects the jurisdiction of the State of Michigan with respect to the management of fish and wildlife, including hunting and fishing within the national lakeshore in accordance with section 5 of Public Law 91–479 (16 U.S.C. 460x–4). (d) Buffer zones (1) In general Nothing in this section creates a protective perimeter or buffer zone around any area designated as wilderness by subsection (a). (2) Activities outside wilderness The fact that an activity or use on land outside any area designated as wilderness by subsection (a) can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness. (e) Military overflights Nothing in this section restricts or precludes— (1) low-level overflights of military aircraft over an area designated as wilderness by subsection (a), including military overflights that can be seen or heard within any wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over the wilderness area. (f) Savings provisions Nothing in this Act modifies, alters, or affects— (1) any treaty rights; or (2) any valid private property rights in existence on the day before the date of enactment of this Act.
February 28, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |
113-hr-164-ih-dtd | 113-hr-164 | 113 | hr | 164 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr164ih.xml | BILLS-113hr164ih.xml | 2023-01-08 17:42:48.546 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 164 IH: To amend title 10, United States Code, to permit veterans who have a service-connected, permanent disability rated as total to travel on military aircraft in the same manner and to the same extent as retired members of the Armed Forces entitled to such travel.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
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text/xml
</dc:format>
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 164
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001257">
Mr. Bilirakis
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HAS00">
Committee on Armed
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 10, United States Code, to permit veterans
who have a service-connected, permanent disability rated as total to travel on
military aircraft in the same manner and to the same extent as retired members
of the Armed Forces entitled to such travel.
</official-title>
</form>
<legis-body id="HC9F4F98F1CBF4274A6FB2A117DCABED5" style="OLC">
<section display-inline="no-display-inline" id="H19BA158459CC4B38B8A61731F8DE1655" section-type="section-one">
<enum>
1.
</enum>
<header>
Transportation on military
aircraft on a space-available basis for disabled veterans with a
service-connected, permanent disability rated as total
</header>
<subsection display-inline="no-display-inline" id="HEAA31B3173EF47E38744CFBC3A92E74D">
<enum>
(a)
</enum>
<header>
Availability of
transportation
</header>
<text display-inline="yes-display-inline">
Section 2641b
of title 10, United States Code, as amended by section 622 of National Defense
Authorization Act for Fiscal Year 2013, is further amended—
</text>
<paragraph id="H1124CBDD46354EDFBECE0DFEFE8AC447">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (f) as subsection (g); and
</text>
</paragraph>
<paragraph id="H7FD5506C12D34374B958C22671A7C58E">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (e) the following new subsection (f):
</text>
<quoted-block display-inline="no-display-inline" id="HDECB67F483F24E26B19C3648CA8D7A8B" style="OLC">
<subsection id="H327BA40BA0544D3A8709B11E52D687DC">
<enum>
(f)
</enum>
<header>
Special priority
for certain disabled veterans
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="H6887B3E5679746A08FCD6D878994E156">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Secretary of Defense shall provide
transportation on scheduled and unscheduled military flights within the
continental United States and on scheduled overseas flights operated by the Air
Mobility Command on a space-available basis for any veteran with a
service-connected, permanent disability rated as total.
</text>
</paragraph>
<paragraph id="HC758279E88C64F2D9EF6A3DCAFAD9946" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under the travel
program, the Secretary shall provide transportation under paragraph (1) on the
same basis as such transportation is provided to members of the armed forces
entitled to retired or retainer pay.
</text>
</paragraph>
<paragraph id="H1DDFEBB248564775B406F6ED1B11BF4E" indent="up1">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The requirement to provide transportation
on Department of Defense aircraft on a space-available basis on the priority
basis described in paragraph (2) to veterans covered by this subsection applies
whether or not the travel program is established under this section.
</text>
</paragraph>
<paragraph id="H0A78A0DBF2BE4B0E8CFB702F3072DE05" indent="up1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
In this subsection, the terms
<term>
veteran
</term>
and
<term>
service-connected
</term>
have the meanings given
those terms in section 101 of title
38.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H16AB78073E2B410C840A2DA3D39A8496">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
Subsection (f) of
<external-xref legal-doc="usc" parsable-cite="usc/10/2641b">
section 2641b
</external-xref>
of title 10, United States
Code, as added by subsection (a), shall take effect at the end of the 90-day
period beginning on the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 164 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to permit veterans who have a service-connected, permanent disability rated as total to travel on military aircraft in the same manner and to the same extent as retired members of the Armed Forces entitled to such travel.
1. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total (a) Availability of transportation Section 2641b of title 10, United States Code, as amended by section 622 of National Defense Authorization Act for Fiscal Year 2013, is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Special priority for certain disabled veterans (1) The Secretary of Defense shall provide transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total. (2) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary shall provide transportation under paragraph (1) on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay. (3) The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (2) to veterans covered by this subsection applies whether or not the travel program is established under this section. (4) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38. . (b) Effective date Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act. |
113-hr-165-ih-dtd | 113-hr-165 | 113 | hr | 165 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr165ih.xml | BILLS-113hr165ih.xml | 2023-01-08 17:42:48.434 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H5AD9E5A5E86546ABBD9567063A2A1B9D" public-private="public">
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<dublinCore>
<dc:title>
113 HR 165 IH: Man in the Sea Memorial Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 165
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001257">
Mr. Bilirakis
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HAS00">
Committee on Armed
Services
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HII00">
Natural Resources
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize the placement at the former Navy Dive School
at the Washington Navy Yard of a memorial to honor the members of the Armed
Forces who have served as divers and whose service in defense of the United
States has been carried out beneath the waters of the world.
</official-title>
</form>
<legis-body id="H4E2AAF7A2D074D8083E2DA8F46748813" style="OLC">
<section id="H46EABEC1BCF84493872EA0505DF8E4A8" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Man in the Sea Memorial
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HAE3E1570D8C442DCAEDE448FCCB80D0C">
<enum>
2.
</enum>
<header>
Establishment of
military divers memorial at Washington Navy Yard
</header>
<subsection id="HC84733A4B60244CDB52AFB5CA4D0C925">
<enum>
(a)
</enum>
<header>
Memorial
authorized
</header>
<text display-inline="yes-display-inline">
Consistent with
the sense of the Congress expressed in section 2855 of the National Defense
Authorization Act for Fiscal Year 2013, the Secretary of the Navy may permit a
third party to establish and maintain, at a suitable location at the former
Navy Dive School at the Washington Navy Yard in the District of Columbia, a
memorial to honor the members of the United States Armed Forces who have served
as divers and whose service in defense of the United States has been carried
out beneath the waters of the world.
</text>
</subsection>
<subsection id="H2F1A9498DB14471FB5DC9DF21EEBE921">
<enum>
(b)
</enum>
<header>
Location and
design of monument
</header>
<text display-inline="yes-display-inline">
The actual
location at the Washington Navy Yard for the memorial authorized by subsection
(a) and the final design of the memorial shall be subject to the approval of
the Secretary. In selecting the site to serve as the location for the memorial,
the Secretary shall seek to maximize visitor access to the memorial.
</text>
</subsection>
<subsection id="H4FA39B6657264C748DA8074D77F38ECC">
<enum>
(c)
</enum>
<header>
Military
support
</header>
<text display-inline="yes-display-inline">
The Secretary shall
provide military ceremonial support at the dedication of the memorial
authorized by subsection (a).
</text>
</subsection>
<subsection id="H8E95C404840C4B088E8E9B6458F8D947">
<enum>
(d)
</enum>
<header>
Use of Federal
funds prohibited
</header>
<text display-inline="yes-display-inline">
Federal
funds may not be used to design, procure, prepare, install, or maintain the
memorial authorized by subsection (a), but the Secretary may accept and expend
contributions of non-Federal funds and resources for such purposes.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 165 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the placement at the former Navy Dive School at the Washington Navy Yard of a memorial to honor the members of the Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world.
1. Short title This Act may be cited as the Man in the Sea Memorial Act . 2. Establishment of military divers memorial at Washington Navy Yard (a) Memorial authorized Consistent with the sense of the Congress expressed in section 2855 of the National Defense Authorization Act for Fiscal Year 2013, the Secretary of the Navy may permit a third party to establish and maintain, at a suitable location at the former Navy Dive School at the Washington Navy Yard in the District of Columbia, a memorial to honor the members of the United States Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world. (b) Location and design of monument The actual location at the Washington Navy Yard for the memorial authorized by subsection (a) and the final design of the memorial shall be subject to the approval of the Secretary. In selecting the site to serve as the location for the memorial, the Secretary shall seek to maximize visitor access to the memorial. (c) Military support The Secretary shall provide military ceremonial support at the dedication of the memorial authorized by subsection (a). (d) Use of Federal funds prohibited Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a), but the Secretary may accept and expend contributions of non-Federal funds and resources for such purposes. |
113-hr-166-ih-dtd | 113-hr-166 | 113 | hr | 166 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr166ih.xml | BILLS-113hr166ih.xml | 2023-01-08 17:42:47.937 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 166 IH: Preventing Recurring Trade Evasion and Circumvention Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 166
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001255">
Mr. Boustany
</sponsor>
(for
himself and
<cosponsor name-id="R000588">
Mr. Richmond
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To prevent the evasion of antidumping and countervailing
duty orders, and for other purposes.
</official-title>
</form>
<legis-body id="H995EFADD22DA482AA0FCADB55500FB11" style="OLC">
<section id="H565919ADA5384270AD6945B647AF6725" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title and table of
contents
</header>
<subsection id="H00349E4BB21C40188E92ACB3829BC503">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Preventing Recurring Trade
Evasion and Circumvention Act
</short-title>
</quote>
or
<quote>
<short-title>
PROTECT Act
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="HBE592BD52CD14FD2AEFC790D2CD09E22">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H565919ADA5384270AD6945B647AF6725" level="section">
Sec. 1. Short title and table of contents.
</toc-entry>
<toc-entry idref="H4BFE5686FC054501AE99F96B4CCB084E" level="section">
Sec. 2. Definitions.
</toc-entry>
<toc-entry idref="HE2F461194AC84766956F1353FC4CB2EC" level="section">
Sec. 3. Application to Canada and Mexico.
</toc-entry>
<toc-entry idref="H15699315F520442EADED0E127C1472C5" level="title">
Title I—Actions relating to enforcement of trade remedy
laws
</toc-entry>
<toc-entry idref="H45CAF7D24B8242D0A03E23CD9B35737E" level="section">
Sec. 101. Trade Remedy Law Enforcement Division.
</toc-entry>
<toc-entry idref="HD1C2F419909A4BE4BE26BCB8BD9E2F2B" level="section">
Sec. 102. Collection of information on evasion of trade remedy
laws.
</toc-entry>
<toc-entry idref="H28B326248BC947D9B8D706D09D13A156" level="section">
Sec. 103. Access to information.
</toc-entry>
<toc-entry idref="H2C5EF2B33559457DBEFD8A9BD3393B79" level="section">
Sec. 104. Cooperation with foreign countries on preventing
evasion of trade remedy laws.
</toc-entry>
<toc-entry idref="H0D10EA4F5DC346E89C53426A49E07146" level="section">
Sec. 105. Trade negotiating objectives.
</toc-entry>
<toc-entry idref="HBB9078C9A392438A8BEE6637BA9B89FC" level="title">
Title II—Other matters
</toc-entry>
<toc-entry idref="H75C55CD663194D359740011462AC6AE4" level="section">
Sec. 201. Allocation and training of personnel.
</toc-entry>
<toc-entry idref="H60F1AACD035B41049221EE0E8D36B1A7" level="section">
Sec. 202. Annual report on prevention of evasion of antidumping
and countervailing duty orders.
</toc-entry>
<toc-entry idref="HD5BE4ED49F294FECB8099CE2582C243F" level="section">
Sec. 203. Addressing circumvention by new shippers.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H4BFE5686FC054501AE99F96B4CCB084E" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H2CEDBED7227A47DDB0C7DBB476F9F591">
<enum>
(1)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
The term
<term>
appropriate congressional
committees
</term>
means—
</text>
<subparagraph id="H69E49B029A5B47448F2217083B4B4036">
<enum>
(A)
</enum>
<text>
the Committee on
Finance and the Committee on Appropriations of the Senate; and
</text>
</subparagraph>
<subparagraph id="HD9006D3E72AB41B6B7431A3FDFCDB7B3">
<enum>
(B)
</enum>
<text>
the Committee on
Ways and Means and the Committee on Appropriations of the House of
Representatives.
</text>
</subparagraph>
</paragraph>
<paragraph id="H55C4BF5FCF2443B9880B5359E2C6130A">
<enum>
(2)
</enum>
<header>
Commissioner
</header>
<text>
The
term
<term>
Commissioner
</term>
means the Commissioner responsible for U.S.
Customs and Border Protection.
</text>
</paragraph>
<paragraph id="HAA4543C6F8FB4657B40FBA0289FB1FF0">
<enum>
(3)
</enum>
<header>
Covered
merchandise
</header>
<text>
The term
<term>
covered merchandise
</term>
means
merchandise that is subject to—
</text>
<subparagraph id="HDE2FD7E22FFC4FFD888CFD027FC2D096">
<enum>
(A)
</enum>
<text>
a countervailing
duty order issued under section 706 of the Tariff Act of 1930; or
</text>
</subparagraph>
<subparagraph id="H530242215617473698F93A1E362CB535">
<enum>
(B)
</enum>
<text>
an antidumping
duty order issued under section 736 of the Tariff Act of 1930.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD5DF1A809B9E4E96B4EB816E8F60791F">
<enum>
(4)
</enum>
<header>
Eligible small
business
</header>
<subparagraph id="H3E1D5E4D116A4AAFADE480CE9AA38F1B">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
eligible small business
</term>
means any
business concern which, in the Commissioner’s judgment, due to its small size,
has neither adequate internal resources nor financial ability to obtain
qualified outside assistance in preparing and submitting for consideration
allegations of evasion.
</text>
</subparagraph>
<subparagraph id="H0759A245BF8041389E048DED5CB81303">
<enum>
(B)
</enum>
<header>
Non-reviewability
</header>
<text>
Any
agency decision regarding whether a business concern is an eligible small
business for purposes of section 101(b)(3) is not reviewable by any other
agency or by any court.
</text>
</subparagraph>
</paragraph>
<paragraph id="HAB6DBCFE068F406BB82C5519AC056C32">
<enum>
(5)
</enum>
<header>
Enter;
entry
</header>
<text>
The terms
<term>
enter
</term>
and
<term>
entry
</term>
refer
to the entry, or withdrawal from warehouse for consumption, in the customs
territory of the United States.
</text>
</paragraph>
<paragraph id="H54EC59987C7F4E7FB996D73DF9475364">
<enum>
(6)
</enum>
<header>
Evade;
evasion
</header>
<text>
The terms
<term>
evade
</term>
and
<term>
evasion
</term>
refer to entering covered merchandise into the customs territory of the United
States by means of any document or electronically transmitted data or
information, written or oral statement, or act that is material and false, or
any omission that is material, and that results in any cash deposit or other
security or any amount of applicable antidumping or countervailing duties being
reduced or not being applied with respect to the merchandise.
</text>
</paragraph>
<paragraph id="H005D7BA10AF1452E9F80445F926C4306">
<enum>
(7)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of the Treasury.
</text>
</paragraph>
<paragraph id="HD567335603F147668B53D6381D7844BC">
<enum>
(8)
</enum>
<header>
Trade remedy
laws
</header>
<text>
The term
<term>
trade remedy laws
</term>
means title VII of
the Tariff Act of 1930.
</text>
</paragraph>
</section>
<section id="HE2F461194AC84766956F1353FC4CB2EC">
<enum>
3.
</enum>
<header>
Application to
Canada and Mexico
</header>
<text display-inline="no-display-inline">
Pursuant to
article 1902 of the North American Free Trade Agreement and section 408 of the
North American Free Trade Agreement Implementation Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/3438">
19 U.S.C. 3438
</external-xref>
), this
Act and the amendments made by this Act shall apply with respect to goods from
Canada and Mexico.
</text>
</section>
<title id="H15699315F520442EADED0E127C1472C5">
<enum>
I
</enum>
<header>
Actions relating
to enforcement of trade remedy laws
</header>
<section id="H45CAF7D24B8242D0A03E23CD9B35737E">
<enum>
101.
</enum>
<header>
Trade Remedy
Law Enforcement Division
</header>
<subsection id="H029EFC5D43EB40D3A2CA13A105F01186">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<paragraph id="H45C1B4F1AEFE49C4BE0CA08102751104">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Homeland Security shall establish and
maintain within the Office of International Trade of U.S. Customs and Border
Protection, established under section 2(d) of the Act of March 3, 1927 (44
Stat. 1381, chapter 348;
<external-xref legal-doc="usc" parsable-cite="usc/19/2072">
19 U.S.C. 2072(d)
</external-xref>
), a Trade Remedy Law Enforcement
Division.
</text>
</paragraph>
<paragraph id="HC630E376143F400787D2526E76CF6244">
<enum>
(2)
</enum>
<header>
Composition
</header>
<text>
The
Trade Law Remedy Enforcement Division shall be composed of—
</text>
<subparagraph id="HD88FF37FBAD94308B9431A7855F55B74">
<enum>
(A)
</enum>
<text>
headquarters
personnel led by a Director, who shall report to the Assistant Commissioner of
the Office of International Trade; and
</text>
</subparagraph>
<subparagraph id="H51CE50A7412145D9BB8233BB23CD3F61">
<enum>
(B)
</enum>
<text>
a National
Targeting and Analysis Group dedicated to preventing and countering
evasion.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC83AFEBFF2A543E2BF03A4054FFCD386">
<enum>
(3)
</enum>
<header>
Duties
</header>
<text>
The
Trade Remedy Law Enforcement Division shall be dedicated—
</text>
<subparagraph id="H0D8491945762439997FFBCAD69B4AD19">
<enum>
(A)
</enum>
<text>
to the development
and administration of policies to prevent and counter evasion;
</text>
</subparagraph>
<subparagraph id="H989FD0C8DA9743639C46277DEAC4A0B9">
<enum>
(B)
</enum>
<text>
to direct
enforcement and compliance assessment activities concerning evasion;
</text>
</subparagraph>
<subparagraph id="H1D04508B9E8A4F059EB2B255A709A63F">
<enum>
(C)
</enum>
<text>
to the development
and conduct of commercial risk assessment targeting with respect to cargo
destined for the United States in accordance with subsection (c);
</text>
</subparagraph>
<subparagraph id="HF860412F8D5141ED97B46CD78BBB08D0">
<enum>
(D)
</enum>
<text>
to issuing Trade
Alerts described in subsection (d); and
</text>
</subparagraph>
<subparagraph id="H379E43121606476BBEF9D4D675052E67">
<enum>
(E)
</enum>
<text>
to the development
of policies for the application of single entry and continuous bonds for
entries of covered merchandise to sufficiently protect the collection of
antidumping and countervailing duties commensurate with the level of risk of
noncollection.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H53CAB8ED453848798B5EA5749DE61BE5">
<enum>
(b)
</enum>
<header>
Duties of
Director
</header>
<text>
The duties of the Director of the Trade Remedy Law
Enforcement Division shall include—
</text>
<paragraph id="H6F55BB78330B4445B48AC7E2E1B84903">
<enum>
(1)
</enum>
<text>
directing the
trade enforcement and compliance assessment activities of U.S. Customs and
Border Protection that concern evasion;
</text>
</paragraph>
<paragraph id="HF647E6E03E2942ECB0BD9E763BA3D7C6">
<enum>
(2)
</enum>
<text>
facilitating,
promoting, and coordinating cooperation and the exchange of information between
U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement,
and other relevant agencies regarding evasion;
</text>
</paragraph>
<paragraph id="H443B15533C5C4B6EB0C6D19B809EE860">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
notifying on a timely basis the
administering authority (as defined in section 771(1) of the Tariff Act of 1930
(
<external-xref legal-doc="usc" parsable-cite="usc/19/1677">
19 U.S.C. 1677(1)
</external-xref>
)) and the Commission (as defined in section 771(2) of the
Tariff Act of 1930 (
<external-xref legal-doc="usc" parsable-cite="usc/19/1677">
19 U.S.C. 1677(2)
</external-xref>
)) of any finding, determination, civil
action, or criminal action taken by U.S. Customs and Border Protection or other
Federal agency regarding evasion; and
</text>
</paragraph>
<paragraph id="HAB799EA5FD49461BBCC6BD3A75E929AD">
<enum>
(4)
</enum>
<text>
serving as the
primary liaison between U.S. Customs and Border Protection and the public
regarding United States Government activities concerning evasion,
including—
</text>
<subparagraph id="H91F530CFA352440298B3D8D9B88D7FFC">
<enum>
(A)
</enum>
<text>
receive and
transmit to the appropriate U.S. Customs and Border Protection office
allegations from parties of evasion;
</text>
</subparagraph>
<subparagraph id="HC6D6FBFB7CF14A52AC843BA465690D33">
<enum>
(B)
</enum>
<text>
upon request by
the party or parties that submitted an allegation of evasion, provide
information to such party or parties on the status of U.S. Customs and Border
Protection’s consideration of the allegation and decision to pursue or not
pursue any investigations or other actions, such as changes in policies,
procedures, or resource allocation as a result of the allegation;
</text>
</subparagraph>
<subparagraph id="HC067779C3AF54A37B18B07760D1A577E">
<enum>
(C)
</enum>
<text>
as needed, request
from the party or parties that submitted an allegation of evasion any
additional information that may be relevant for U.S. Customs and Border
Protection determining whether to initiate an investigation or take any other
action regarding the allegation;
</text>
</subparagraph>
<subparagraph id="HBE52F6C06E6C47BFA59113ED28741C56">
<enum>
(D)
</enum>
<text>
notify on a timely
basis the party or parties that submitted such an allegation of the results of
any civil or criminal actions taken by U.S. Customs and Border Protection or
other Federal agency regarding evasion as a direct or indirect result of the
allegation;
</text>
</subparagraph>
<subparagraph id="H4FAC67B7AA6944B4BEB9F7C1C4E81CC7">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
upon request, provide technical assistance
and advice to eligible small businesses to enable such businesses to prepare
and submit allegations of evasion, except that the Director may deny assistance
if the Director concludes that the allegation, if submitted, would not lead to
the initiation of an investigation or any other action to address the
allegation;
</text>
</subparagraph>
<subparagraph id="H72FA4A8F21364A3C8BB5E19CE742166D">
<enum>
(F)
</enum>
<text>
in cooperation
with the public, the Advisory Committee on Commercial Operations of the United
States Customs Service, the Trade Support Network and any other relevant
parties and organizations, develop guidelines on the types and nature of
information that may be provided in allegations of evasion; and
</text>
</subparagraph>
<subparagraph id="HC609DA5B4A6D4536BF43F2026DDE653C">
<enum>
(G)
</enum>
<text>
regularly consult
with the public, the Advisory Committee on Commercial Operations of the United
States Customs Service, the Trade Support Network, and any other relevant
parties and organizations regarding the development and implementation of
regulations, interpretations, and policies related to countering
evasion.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFA0726CEA3BE41CA84F0665D9E76999B">
<enum>
(c)
</enum>
<header>
Preventing and
countering evasion of the trade remedy laws
</header>
<text>
In carrying out its
duties with respect to preventing and countering evasion, the National
Targeting and Analysis Group dedicated to preventing and countering evasion
shall—
</text>
<paragraph id="H17E0DB3DFD6D4D0D9A3AC17A1586F6E1">
<enum>
(1)
</enum>
<text>
establish targeted
risk assessment methodologies and standards—
</text>
<subparagraph id="H45FD8D933C134D8A844921A5857EDF27">
<enum>
(A)
</enum>
<text>
for evaluating the
risk that cargo destined for the United States may constitute evading covered
merchandise; and
</text>
</subparagraph>
<subparagraph id="HEF37CC00E69D482D91E6FF2EFCD44BA9">
<enum>
(B)
</enum>
<text>
for issuing, as
appropriate, Trade Alerts described in subsection (d); and
</text>
</subparagraph>
</paragraph>
<paragraph id="H497E286B538144C18D2A1094F971A0D6">
<enum>
(2)
</enum>
<text>
to the extent
practicable and otherwise authorized by law, use information available from the
Automated Commercial System, the Automated Commercial Environment computer
system, the Automated Targeting System, the Automated Entry System, the
International Trade Data System, and the Treasury Enforcement Communications
System, and any successor systems, to administer the methodologies and
standards established under paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="HE2FD0EE2F7DF4AEDA53D4A9D068E7EB2">
<enum>
(d)
</enum>
<header>
Trade
alerts
</header>
<text>
Based upon the application of the targeted risk assessment
methodologies and standards established under subsection (c), the Director of
the Trade Remedy Law Enforcement Division shall issue Trade Alerts or other
such means of notification to directors of United States ports of entry
directing further inspection, or physical examination or testing, of specific
merchandise to ensure compliance with the trade remedy laws.
</text>
</subsection>
<subsection id="H5714046CD1864B74962C217741FC2CE8">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In
this section—
</text>
<paragraph id="H60A44634B5AF4B3C958D72A3698AAE36">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
the term
<term>
Advisory Committee on
Commercial Operations of the United States Customs Service
</term>
means the
Advisory Committee established under section 9503(c) of the Omnibus Budget
Reconciliation Act of 1987 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2071">
19 U.S.C. 2071
</external-xref>
note); and
</text>
</paragraph>
<paragraph id="H17CC6F0E5DB84D0E83270E1F3361CAB5">
<enum>
(2)
</enum>
<text>
the term
<term>
Trade Support Network
</term>
means the network of private sector entities
that provide input on the design and development of modernization projects of
U.S. Customs and Border Protection.
</text>
</paragraph>
</subsection>
<subsection id="H6D08C8170FDA4FE4A2B39B32A128F006">
<enum>
(f)
</enum>
<header>
Use of trade
data for commercial enforcement purposes
</header>
<text>
Section 343(a)(3) of the
Trade Act of 2002 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2071">
19 U.S.C. 2071
</external-xref>
note) is amended—
</text>
<paragraph id="H4820E115B20349E79C1DD72752C7E508">
<enum>
(1)
</enum>
<text>
by striking
subparagraph (F); and
</text>
</paragraph>
<paragraph id="H47AD2629061F4E4FB0F6FC2EBF33D4CF">
<enum>
(2)
</enum>
<text>
by redesignating
subparagraphs (G) through (L) as subparagraphs (F) through (K),
respectively.
</text>
</paragraph>
</subsection>
</section>
<section id="HD1C2F419909A4BE4BE26BCB8BD9E2F2B">
<enum>
102.
</enum>
<header>
Collection of
information on evasion of trade remedy laws
</header>
<subsection id="H3FDBBFEEA9F84FA981837B54637DC8C4">
<enum>
(a)
</enum>
<header>
Authority To
collect information
</header>
<text>
To determine whether covered merchandise is
being entered into the customs territory of the United States through evasion,
the Secretary, acting through the Commissioner—
</text>
<paragraph id="HD17D3B3783FF41DA889EC667788156F9">
<enum>
(1)
</enum>
<text>
shall exercise all
existing authorities to collect information needed to make the determination;
and
</text>
</paragraph>
<paragraph id="H4B474751A8224B3096A5AF5E848E5D37">
<enum>
(2)
</enum>
<text>
may collect such
additional information as is necessary to make the determination through such
methods as the Commissioner considers appropriate, including by issuing
questionnaires with respect to the entry or entries at issue to—
</text>
<subparagraph id="H40F925F674694E17ADC39FCE6D76AB2B">
<enum>
(A)
</enum>
<text>
a person who filed
an allegation with respect to the covered merchandise;
</text>
</subparagraph>
<subparagraph id="H1F5EA13E2518469F8BCE4FF6206B24BE">
<enum>
(B)
</enum>
<text>
a person who is
alleged to have entered the covered merchandise into the customs territory of
the United States through evasion; or
</text>
</subparagraph>
<subparagraph id="H96726A8DD8254247AF99B2068BC9A94E">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
any other person who is determined to have
information relevant to the allegation of entry of covered merchandise into the
customs territory of the United States through evasion.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H120AF9F3A0254C198170240CED470ECA">
<enum>
(b)
</enum>
<header>
Adverse
inference
</header>
<paragraph id="H7C74356F82A94F59856AD5B9BC4FC46D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If the Secretary finds that a person who filed an
allegation, a person alleged to have entered covered merchandise into the
customs territory of the United States through evasion, or a foreign producer
or exporter of covered merchandise that is alleged to have entered into the
customs territory of the United States through evasion, has failed to cooperate
by not acting to the best of the person’s ability to comply with a request for
information, the Secretary may, in making a determination whether an entry or
entries of covered merchandise may constitute merchandise that is entered into
the customs territory of the United States through evasion, use an inference
that is adverse to the interests of that person in selecting from among the
facts otherwise available to determine whether evasion has occurred.
</text>
</paragraph>
<paragraph id="HB1B8CDA4B61843A481208190EDCC81E9">
<enum>
(2)
</enum>
<header>
Adverse
inference described
</header>
<text>
An adverse inference used under paragraph (1)
may include reliance on information derived from—
</text>
<subparagraph id="HF633A1793C4F40D6BE422BC7E6E4BE8F">
<enum>
(A)
</enum>
<text>
the allegation of
evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border
Protection;
</text>
</subparagraph>
<subparagraph id="H337B5E428FC84E37A149310B628864DB">
<enum>
(B)
</enum>
<text>
a determination by
the Commissioner in another investigation, proceeding, or other action
regarding evasion of the unfair trade laws; or
</text>
</subparagraph>
<subparagraph id="H31607E92E90041709ADF410DB7BA6C93">
<enum>
(C)
</enum>
<text>
any other
available information.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H28B326248BC947D9B8D706D09D13A156">
<enum>
103.
</enum>
<header>
Access to
information
</header>
<subsection commented="no" id="HBEA39AB12F674BD09D088CA7FF3A6CBA">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 777(b)(1)(A)(ii) of the Trade Act of 1930 (19
U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting
<quote>
negligence, gross
negligence, or
</quote>
after
<quote>
regarding
</quote>
.
</text>
</subsection>
<subsection id="HA27F220C5566403E9B5B23FEE96A8EE2">
<enum>
(b)
</enum>
<header>
Additional
information
</header>
<text display-inline="yes-display-inline">
Notwithstanding
any other provision of law, the Secretary is authorized to provide to the
Secretary of Commerce or the U.S. International Trade Commission any
information that is necessary to enable the Secretary of Commerce or the U.S.
International Trade Commission to assist the Secretary to identify, through
risk assessment targeting or otherwise, covered merchandise that is entered
into the customs territory of the United States through evasion.
</text>
</subsection>
</section>
<section id="H2C5EF2B33559457DBEFD8A9BD3393B79">
<enum>
104.
</enum>
<header>
Cooperation
with foreign countries on preventing evasion of trade remedy laws
</header>
<subsection id="HC34770D323894BBF8A14A4B3334323AF">
<enum>
(a)
</enum>
<header>
Bilateral
agreements
</header>
<paragraph id="H1D0BF6849B1F4D468F6687A4885CF8CE">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall seek to negotiate and enter into
bilateral agreements with the customs authorities or other appropriate
authorities of foreign countries for purposes of cooperation on preventing
evasion of the trade remedy laws of the United States and the trade remedy laws
of the other country.
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HFECF893B9B894FB88E79A28B781CEFE0">
<enum>
(2)
</enum>
<header>
Provisions and
authorities
</header>
<text>
The Secretary shall seek to include in each such
bilateral agreement the following provisions and authorities:
</text>
<subparagraph id="H0940991D51004298899E44CBCF3E0619">
<enum>
(A)
</enum>
<text>
On the request of
the importing party, the exporting party shall provide, consistent with its
laws, regulations, and procedures, production, trade, and transit documents and
other information necessary to determine whether an entry or entries exported
from the exporting party are subject to the importing party’s trade remedy
laws.
</text>
</subparagraph>
<subparagraph id="H9428519A51A349778A753F874530E570">
<enum>
(B)
</enum>
<text>
On the written
request of the importing party, the exporting party shall conduct a
verification for purposes of enabling the importing party to make a
determination described in subparagraph (A).
</text>
</subparagraph>
<subparagraph id="H7F2651A8EEE04710B5A4EF9711AC1EF1">
<enum>
(C)
</enum>
<text>
The exporting
party may allow the importing party to participate in a verification described
in subparagraph (B), including through a site visit.
</text>
</subparagraph>
<subparagraph id="H351311BDE256428FBA7577A46A147E1C">
<enum>
(D)
</enum>
<text>
If the exporting
party does not allow participation of the importing party in a verification
described in subparagraph (B), the importing party may take this fact into
consideration in its trade enforcement and compliance assessment activities
regarding the compliance of the exporting countries’ exports with the importing
countries’ trade remedy laws.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H8B36D58AEA5449BA9607206F500EAD94">
<enum>
(b)
</enum>
<header>
Consideration
</header>
<text>
The
Commissioner is authorized to take into consideration whether a country is a
signatory to a bilateral agreement described in subsection (a) and the extent
to which the country is cooperating under the bilateral agreement for purposes
of trade enforcement and compliance assessment activities of U.S. Customs and
Border Protection that concern evasion by such country’s exports.
</text>
</subsection>
<subsection id="HBFC51D11A15A49ADAE182F29F66D3A14">
<enum>
(c)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Not later than December 31 of each year
beginning after the date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a report summarizing—
</text>
<paragraph id="H484BC8D758254AB1BF8A5E6292626B93">
<enum>
(1)
</enum>
<text>
the status of any
ongoing negotiations of bilateral agreements described in subsection (a),
including the identities of the countries involved in such negotiations;
</text>
</paragraph>
<paragraph id="HEB56D6FDABB749518944F5A1E1F55FF4">
<enum>
(2)
</enum>
<text>
the terms of any
completed bilateral agreements described in subsection (a); and
</text>
</paragraph>
<paragraph id="HB3D077D7C85B4E68A4DA6B6D666C8069">
<enum>
(3)
</enum>
<text>
bilateral
cooperation and other activities conducted pursuant to or enabled by any
completed bilateral agreements described in subsection (a).
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="H0D10EA4F5DC346E89C53426A49E07146">
<enum>
105.
</enum>
<header>
Trade
negotiating objectives
</header>
<text display-inline="no-display-inline">
The
principal negotiating objectives of the United States shall include obtaining
the objectives of the bilateral agreements described under section 104(a) for
any trade agreements under negotiation as of the date of the enactment of this
Act or future trade agreement negotiations.
</text>
</section>
</title>
<title id="HBB9078C9A392438A8BEE6637BA9B89FC">
<enum>
II
</enum>
<header>
Other
matters
</header>
<section id="H75C55CD663194D359740011462AC6AE4">
<enum>
201.
</enum>
<header>
Allocation and
training of personnel
</header>
<text display-inline="no-display-inline">
The
Commissioner shall, to the maximum extent possible, ensure that U.S. Customs
and Border Protection—
</text>
<paragraph id="HFCC300225B13433EABAEF30EF3BCF141">
<enum>
(1)
</enum>
<text>
employs sufficient
personnel who have expertise in, and responsibility for, preventing and
investigating the entry of covered merchandise into the customs territory of
the United States through evasion;
</text>
</paragraph>
<paragraph id="H0F671EFF1A224974B30534E84420625B">
<enum>
(2)
</enum>
<text>
on the basis of
risk assessment metrics, assigns sufficient personnel with primary
responsibility for preventing the entry of covered merchandise into the customs
territory of the United States through evasion to the ports of entry in the
United States at which the Commissioner determines potential evasion presents
the most substantial threats to the revenue of the United States; and
</text>
</paragraph>
<paragraph id="H3E95BF937725451FA88511CC7DFFAA47">
<enum>
(3)
</enum>
<text>
provides adequate
training to relevant personnel to increase expertise and effectiveness in the
prevention and investigation of entries of covered merchandise into the customs
territory of the United States through evasion.
</text>
</paragraph>
</section>
<section id="H60F1AACD035B41049221EE0E8D36B1A7">
<enum>
202.
</enum>
<header>
Annual report
on prevention of evasion of antidumping and countervailing duty orders
</header>
<subsection id="H5F731F662A0E4043B2515C57C181F36C">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Not later than February 28 of each year, beginning in
2013, the Commissioner, in consultation with the Secretary of Commerce and the
Assistant Secretary for U.S. Immigration and Customs Enforcement, shall submit
to the appropriate congressional committees a report on the efforts being taken
to prevent and investigate evasion.
</text>
</subsection>
<subsection id="H85BF651526554A27A3D2632DB5347271">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
Each
report required under subsection (a) shall include—
</text>
<paragraph id="HF499C520A47E48948492C4537411487E">
<enum>
(1)
</enum>
<text>
for the calendar
year preceding the submission of the report—
</text>
<subparagraph id="H14D3C0DAD5734D84B13F62D35C704BD2">
<enum>
(A)
</enum>
<text>
a summary of the
efforts of U.S. Customs and Border Protection to prevent and investigate
evasion;
</text>
</subparagraph>
<subparagraph id="H95957D1F05404364975F6EE6A8F26197">
<enum>
(B)
</enum>
<text>
the number of
allegations of evasion received and the number of allegations of evasion
resulting in investigations by U.S. Customs and Border Protection or any other
agency;
</text>
</subparagraph>
<subparagraph id="HF00C6CB908034A70BA5BBD494C50B147">
<enum>
(C)
</enum>
<text>
a summary of the
completed investigations of evasion, including the number and nature of the
investigations initiated, conducted, or completed, as well as their
resolution;
</text>
</subparagraph>
<subparagraph id="HFD56DCC2A1CB4EACA5C752BE5689AE64">
<enum>
(D)
</enum>
<text>
with respect to
investigations that lead to issuance of a penalty notice, the penalty
amounts;
</text>
</subparagraph>
<subparagraph id="H7F06BF5333684D6AB2B411DE1A33E310">
<enum>
(E)
</enum>
<text>
the amounts of
antidumping and countervailing duties collected as a result of any
investigations or other actions by U.S. Customs and Border Protection or any
other agency;
</text>
</subparagraph>
<subparagraph id="HE7FBBDE0D4554FD4A4FAE718B8EFDC70">
<enum>
(F)
</enum>
<text>
a description of
the allocation of personnel and other resources of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement to prevent and
investigation evasion, including any assessments conducted regarding the
allocation of such personnel and resources; and
</text>
</subparagraph>
<subparagraph id="HB084C399044442568A1589E9F5708858">
<enum>
(G)
</enum>
<text>
a description of
training conducted to increase expertise and effectiveness in the prevention
and investigation of evasion; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H730AE5B871324C23AC883479BA79D3EA">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
a description of U.S. Customs and Border
Protection processes and procedures to prevent and investigate evasion,
including—
</text>
<subparagraph id="H1DE6B321F71B4576BC7F8FBA2F28E937">
<enum>
(A)
</enum>
<text>
the specific
guidelines, policies, and practices used by U.S. Customs and Border Protection
to ensure that allegations of evasion are promptly evaluated and acted upon in
a timely manner;
</text>
</subparagraph>
<subparagraph id="HCC5E0BD061274E95BD32B3ABE9E9D3EA">
<enum>
(B)
</enum>
<text>
an evaluation of
the efficacy of such existing guidelines, policies, and practices;
</text>
</subparagraph>
<subparagraph id="H2174B38FE2D9451DB80371BFE710D0F9">
<enum>
(C)
</enum>
<text>
identification of
any changes since the last report that have materially improved or reduced the
effectiveness of U.S. Customs and Border Protection to prevent and investigate
evasion;
</text>
</subparagraph>
<subparagraph id="HCFC359B5F0AB42A4AFA62D408C5AD6D1">
<enum>
(D)
</enum>
<text>
a description of
the development and implementation of policies for the application of single
entry and continuous bonds for entries of covered merchandise to sufficiently
protect the collection of antidumping and countervailing duties commensurate
with the level of risk on noncollection;
</text>
</subparagraph>
<subparagraph id="HB2872143D6944C31B531E2A9B8A4714A">
<enum>
(E)
</enum>
<text>
the processes and
procedures for increased cooperation and information sharing with the
Department of Commerce, U.S. Immigration and Customs Enforcement, and any other
relevant Federal agencies to prevent and investigate evasion; and
</text>
</subparagraph>
<subparagraph id="H1876EE01B3E84781A00BB33C0F2AEE15">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
identification of any recommended policy
changes of other Federal agencies or legislative changes to improve the
effectiveness of U.S. Customs and Border Protection to prevent and investigate
evasion.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HD5BE4ED49F294FECB8099CE2582C243F">
<enum>
203.
</enum>
<header>
Addressing
circumvention by new shippers
</header>
<text display-inline="no-display-inline">
Section 751(a)(2)(B) of the Tariff Act of
1930 (
<external-xref legal-doc="usc" parsable-cite="usc/19/1675">
19 U.S.C. 1675(a)(2)(B)
</external-xref>
) is amended—
</text>
<paragraph id="H609FD1683AE441D9BEDA7032B1B66571">
<enum>
(1)
</enum>
<text>
by striking clause
(iii);
</text>
</paragraph>
<paragraph id="H3274BCE6395A48E2B190A98D812AAE34">
<enum>
(2)
</enum>
<text>
by redesignating
clause (iv) as clause (iii); and
</text>
</paragraph>
<paragraph id="H3A2055B6282C4E51A92CBBB3CE6009EE">
<enum>
(3)
</enum>
<text>
inserting after
clause (iii), as redesignated by paragraph (2) of this section, the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H0C24B341BACB4E8A819F17D636E925FB" style="OLC">
<clause id="H6210AE5BFE8A4120BDF772D799975553">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
Any weighted average dumping margin or
individual countervailing duty rate determined for an exporter or producer in a
review conducted under clause (i) shall be based solely on the bona fide United
States sales of an exporter or producer, as the case may be, made during the
period covered by the review. In determining whether the United States sales of
an exporter or producer made during the period covered by the review were bona
fide, the administering authority shall consider, depending on the
circumstances surrounding such sales—
</text>
<subclause id="HFE0AA0224AA04892880BC1EA30BAAA9D">
<enum>
(I)
</enum>
<text>
the prices of such
sales;
</text>
</subclause>
<subclause id="H9247F6866A3A49CBB3466E62E78B1F7B">
<enum>
(II)
</enum>
<text>
whether such
sales were made in commercial quantities;
</text>
</subclause>
<subclause id="H1D1E0273ED474F55A7EA6138B070E29F">
<enum>
(III)
</enum>
<text>
the timing of
such sales;
</text>
</subclause>
<subclause id="H8041334EC13447B892E3E3FAA3FB8990">
<enum>
(IV)
</enum>
<text>
the expenses
arising from such sales;
</text>
</subclause>
<subclause id="H63B879C1DE8A48B4AE535B99F53C3D8C">
<enum>
(V)
</enum>
<text>
whether the
subject merchandise involved in such sales were resold in the United States at
a profit;
</text>
</subclause>
<subclause id="H81086D31519A43E993E83E9F995FEFC7">
<enum>
(VI)
</enum>
<text>
whether such
sales were made on an arms-length basis; and
</text>
</subclause>
<subclause id="H03B19CF21A4E48BCB098964AE07A40F0">
<enum>
(VII)
</enum>
<text>
any other factor
the administering authority determines to be relevant as to whether such sales
are, or are not, likely to be typical of those the exporter or producer will
make after completion of the
review.
</text>
</subclause>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 166 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Boustany (for himself and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent the evasion of antidumping and countervailing duty orders, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Preventing Recurring Trade Evasion and Circumvention Act or PROTECT Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Application to Canada and Mexico. Title I—Actions relating to enforcement of trade remedy laws Sec. 101. Trade Remedy Law Enforcement Division. Sec. 102. Collection of information on evasion of trade remedy laws. Sec. 103. Access to information. Sec. 104. Cooperation with foreign countries on preventing evasion of trade remedy laws. Sec. 105. Trade negotiating objectives. Title II—Other matters Sec. 201. Allocation and training of personnel. Sec. 202. Annual report on prevention of evasion of antidumping and countervailing duty orders. Sec. 203. Addressing circumvention by new shippers. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Finance and the Committee on Appropriations of the Senate; and (B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives. (2) Commissioner The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection. (3) Covered merchandise The term covered merchandise means merchandise that is subject to— (A) a countervailing duty order issued under section 706 of the Tariff Act of 1930; or (B) an antidumping duty order issued under section 736 of the Tariff Act of 1930. (4) Eligible small business (A) In general The term eligible small business means any business concern which, in the Commissioner’s judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion. (B) Non-reviewability Any agency decision regarding whether a business concern is an eligible small business for purposes of section 101(b)(3) is not reviewable by any other agency or by any court. (5) Enter; entry The terms enter and entry refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States. (6) Evade; evasion The terms evade and evasion refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise. (7) Secretary The term Secretary means the Secretary of the Treasury. (8) Trade remedy laws The term trade remedy laws means title VII of the Tariff Act of 1930. 3. Application to Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 ), this Act and the amendments made by this Act shall apply with respect to goods from Canada and Mexico. I Actions relating to enforcement of trade remedy laws 101. Trade Remedy Law Enforcement Division (a) Establishment (1) In general The Secretary of Homeland Security shall establish and maintain within the Office of International Trade of U.S. Customs and Border Protection, established under section 2(d) of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d) ), a Trade Remedy Law Enforcement Division. (2) Composition The Trade Law Remedy Enforcement Division shall be composed of— (A) headquarters personnel led by a Director, who shall report to the Assistant Commissioner of the Office of International Trade; and (B) a National Targeting and Analysis Group dedicated to preventing and countering evasion. (3) Duties The Trade Remedy Law Enforcement Division shall be dedicated— (A) to the development and administration of policies to prevent and counter evasion; (B) to direct enforcement and compliance assessment activities concerning evasion; (C) to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c); (D) to issuing Trade Alerts described in subsection (d); and (E) to the development of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of noncollection. (b) Duties of Director The duties of the Director of the Trade Remedy Law Enforcement Division shall include— (1) directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion; (2) facilitating, promoting, and coordinating cooperation and the exchange of information between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant agencies regarding evasion; (3) notifying on a timely basis the administering authority (as defined in section 771(1) of the Tariff Act of 1930 ( 19 U.S.C. 1677(1) )) and the Commission (as defined in section 771(2) of the Tariff Act of 1930 ( 19 U.S.C. 1677(2) )) of any finding, determination, civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal agency regarding evasion; and (4) serving as the primary liaison between U.S. Customs and Border Protection and the public regarding United States Government activities concerning evasion, including— (A) receive and transmit to the appropriate U.S. Customs and Border Protection office allegations from parties of evasion; (B) upon request by the party or parties that submitted an allegation of evasion, provide information to such party or parties on the status of U.S. Customs and Border Protection’s consideration of the allegation and decision to pursue or not pursue any investigations or other actions, such as changes in policies, procedures, or resource allocation as a result of the allegation; (C) as needed, request from the party or parties that submitted an allegation of evasion any additional information that may be relevant for U.S. Customs and Border Protection determining whether to initiate an investigation or take any other action regarding the allegation; (D) notify on a timely basis the party or parties that submitted such an allegation of the results of any civil or criminal actions taken by U.S. Customs and Border Protection or other Federal agency regarding evasion as a direct or indirect result of the allegation; (E) upon request, provide technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit allegations of evasion, except that the Director may deny assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an investigation or any other action to address the allegation; (F) in cooperation with the public, the Advisory Committee on Commercial Operations of the United States Customs Service, the Trade Support Network and any other relevant parties and organizations, develop guidelines on the types and nature of information that may be provided in allegations of evasion; and (G) regularly consult with the public, the Advisory Committee on Commercial Operations of the United States Customs Service, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of regulations, interpretations, and policies related to countering evasion. (c) Preventing and countering evasion of the trade remedy laws In carrying out its duties with respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated to preventing and countering evasion shall— (1) establish targeted risk assessment methodologies and standards— (A) for evaluating the risk that cargo destined for the United States may constitute evading covered merchandise; and (B) for issuing, as appropriate, Trade Alerts described in subsection (d); and (2) to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment computer system, the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System, and any successor systems, to administer the methodologies and standards established under paragraph (1). (d) Trade alerts Based upon the application of the targeted risk assessment methodologies and standards established under subsection (c), the Director of the Trade Remedy Law Enforcement Division shall issue Trade Alerts or other such means of notification to directors of United States ports of entry directing further inspection, or physical examination or testing, of specific merchandise to ensure compliance with the trade remedy laws. (e) Definitions In this section— (1) the term Advisory Committee on Commercial Operations of the United States Customs Service means the Advisory Committee established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 ( 19 U.S.C. 2071 note); and (2) the term Trade Support Network means the network of private sector entities that provide input on the design and development of modernization projects of U.S. Customs and Border Protection. (f) Use of trade data for commercial enforcement purposes Section 343(a)(3) of the Trade Act of 2002 ( 19 U.S.C. 2071 note) is amended— (1) by striking subparagraph (F); and (2) by redesignating subparagraphs (G) through (L) as subparagraphs (F) through (K), respectively. 102. Collection of information on evasion of trade remedy laws (a) Authority To collect information To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner— (1) shall exercise all existing authorities to collect information needed to make the determination; and (2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to— (A) a person who filed an allegation with respect to the covered merchandise; (B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or (C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion. (b) Adverse inference (1) In general If the Secretary finds that a person who filed an allegation, a person alleged to have entered covered merchandise into the customs territory of the United States through evasion, or a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion, has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information, the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred. (2) Adverse inference described An adverse inference used under paragraph (1) may include reliance on information derived from— (A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection; (B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or (C) any other available information. 103. Access to information (a) In general Section 777(b)(1)(A)(ii) of the Trade Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting negligence, gross negligence, or after regarding . (b) Additional information Notwithstanding any other provision of law, the Secretary is authorized to provide to the Secretary of Commerce or the U.S. International Trade Commission any information that is necessary to enable the Secretary of Commerce or the U.S. International Trade Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered into the customs territory of the United States through evasion. 104. Cooperation with foreign countries on preventing evasion of trade remedy laws (a) Bilateral agreements (1) In general The Secretary shall seek to negotiate and enter into bilateral agreements with the customs authorities or other appropriate authorities of foreign countries for purposes of cooperation on preventing evasion of the trade remedy laws of the United States and the trade remedy laws of the other country. (2) Provisions and authorities The Secretary shall seek to include in each such bilateral agreement the following provisions and authorities: (A) On the request of the importing party, the exporting party shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine whether an entry or entries exported from the exporting party are subject to the importing party’s trade remedy laws. (B) On the written request of the importing party, the exporting party shall conduct a verification for purposes of enabling the importing party to make a determination described in subparagraph (A). (C) The exporting party may allow the importing party to participate in a verification described in subparagraph (B), including through a site visit. (D) If the exporting party does not allow participation of the importing party in a verification described in subparagraph (B), the importing party may take this fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the exporting countries’ exports with the importing countries’ trade remedy laws. (b) Consideration The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection (a) and the extent to which the country is cooperating under the bilateral agreement for purposes of trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion by such country’s exports. (c) Report Not later than December 31 of each year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report summarizing— (1) the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of the countries involved in such negotiations; (2) the terms of any completed bilateral agreements described in subsection (a); and (3) bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a). 105. Trade negotiating objectives The principal negotiating objectives of the United States shall include obtaining the objectives of the bilateral agreements described under section 104(a) for any trade agreements under negotiation as of the date of the enactment of this Act or future trade agreement negotiations. II Other matters 201. Allocation and training of personnel The Commissioner shall, to the maximum extent possible, ensure that U.S. Customs and Border Protection— (1) employs sufficient personnel who have expertise in, and responsibility for, preventing and investigating the entry of covered merchandise into the customs territory of the United States through evasion; (2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the United States through evasion to the ports of entry in the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States; and (3) provides adequate training to relevant personnel to increase expertise and effectiveness in the prevention and investigation of entries of covered merchandise into the customs territory of the United States through evasion. 202. Annual report on prevention of evasion of antidumping and countervailing duty orders (a) In general Not later than February 28 of each year, beginning in 2013, the Commissioner, in consultation with the Secretary of Commerce and the Assistant Secretary for U.S. Immigration and Customs Enforcement, shall submit to the appropriate congressional committees a report on the efforts being taken to prevent and investigate evasion. (b) Contents Each report required under subsection (a) shall include— (1) for the calendar year preceding the submission of the report— (A) a summary of the efforts of U.S. Customs and Border Protection to prevent and investigate evasion; (B) the number of allegations of evasion received and the number of allegations of evasion resulting in investigations by U.S. Customs and Border Protection or any other agency; (C) a summary of the completed investigations of evasion, including the number and nature of the investigations initiated, conducted, or completed, as well as their resolution; (D) with respect to investigations that lead to issuance of a penalty notice, the penalty amounts; (E) the amounts of antidumping and countervailing duties collected as a result of any investigations or other actions by U.S. Customs and Border Protection or any other agency; (F) a description of the allocation of personnel and other resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to prevent and investigation evasion, including any assessments conducted regarding the allocation of such personnel and resources; and (G) a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion; and (2) a description of U.S. Customs and Border Protection processes and procedures to prevent and investigate evasion, including— (A) the specific guidelines, policies, and practices used by U.S. Customs and Border Protection to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner; (B) an evaluation of the efficacy of such existing guidelines, policies, and practices; (C) identification of any changes since the last report that have materially improved or reduced the effectiveness of U.S. Customs and Border Protection to prevent and investigate evasion; (D) a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk on noncollection; (E) the processes and procedures for increased cooperation and information sharing with the Department of Commerce, U.S. Immigration and Customs Enforcement, and any other relevant Federal agencies to prevent and investigate evasion; and (F) identification of any recommended policy changes of other Federal agencies or legislative changes to improve the effectiveness of U.S. Customs and Border Protection to prevent and investigate evasion. 203. Addressing circumvention by new shippers Section 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B) ) is amended— (1) by striking clause (iii); (2) by redesignating clause (iv) as clause (iii); and (3) inserting after clause (iii), as redesignated by paragraph (2) of this section, the following: (iv) Any weighted average dumping margin or individual countervailing duty rate determined for an exporter or producer in a review conducted under clause (i) shall be based solely on the bona fide United States sales of an exporter or producer, as the case may be, made during the period covered by the review. In determining whether the United States sales of an exporter or producer made during the period covered by the review were bona fide, the administering authority shall consider, depending on the circumstances surrounding such sales— (I) the prices of such sales; (II) whether such sales were made in commercial quantities; (III) the timing of such sales; (IV) the expenses arising from such sales; (V) whether the subject merchandise involved in such sales were resold in the United States at a profit; (VI) whether such sales were made on an arms-length basis; and (VII) any other factor the administering authority determines to be relevant as to whether such sales are, or are not, likely to be typical of those the exporter or producer will make after completion of the review. . |
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113 HR 167 IH: To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States.
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U.S. House of Representatives
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2013-01-04
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I
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113th CONGRESS
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1st Session
</session>
<legis-num>
H. R. 167
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001260">
Mr. Buchanan
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HGO00">
Oversight and Government
Reform
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide that rates of pay for Members of Congress
shall not be adjusted under section 601(a)(2) of the Legislative Reorganization
Act of 1946 in the year following any fiscal year in which outlays of the
United States exceeded receipts of the United States.
</official-title>
</form>
<legis-body id="HEF8D6C4C16874BB79DDEAA55A57CD9D1" style="OLC">
<section id="HEF6D33C95754403CA86B6892B8E16C43" section-type="section-one">
<enum>
1.
</enum>
<header>
Amendments to the Legislative
Reorganization Act of 1946
</header>
<subsection id="H7E6E2D92B79547EF95A48DF3B3339B3A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 601(a)(2) of
the Legislative Reorganization Act of 1946 (
<external-xref legal-doc="usc" parsable-cite="usc/2/31">
2 U.S.C. 31(2)
</external-xref>
) is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0CE22375C05E47278B5BAB200A030B0F" style="OLC">
<subparagraph id="HED4E00B831CC4852BE350AB4C004B426" indent="up2">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
An adjustment in rates of pay may be made
under this paragraph in a year only if the aggregate outlays of the United
States during the last completed fiscal year did not exceed the aggregate
receipts of the United States during such fiscal year, as determined by the
Congressional Budget
Office.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4D35479EFC044097AED21E7D4B855A71">
<enum>
(b)
</enum>
<header>
Technical
amendment
</header>
<text>
Section 601(a)(2)(A) of such Act is amended by striking
<quote>
Subject to subparagraph (B),
</quote>
and inserting
<quote>
Subject to
subparagraphs (B) and (C),
</quote>
.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 167 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Buchanan introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States.
1. Amendments to the Legislative Reorganization Act of 1946 (a) In general Section 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ) is amended by adding at the end the following: (C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office. . (b) Technical amendment Section 601(a)(2)(A) of such Act is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C), . |
113-hr-168-ih-dtd | 113-hr-168 | 113 | hr | 168 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr168ih.xml | BILLS-113hr168ih.xml | 2023-01-08 17:42:47.718 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 168 IH: Small Business Freedom of Commerce Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
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2013-01-04
</dc:date>
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text/xml
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</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
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1st Session
</session>
<legis-num>
H. R. 168
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000548">
Mr. Garrett
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HSM00">
Committee on Small
Business
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To permit small business concerns operating in the United
States to elect to be exempt from certain Federal rules and regulations, and
for other purposes.
</official-title>
</form>
<legis-body id="HDA5339C3C4444E56BA88F2656D79E5CE" style="OLC">
<section id="H72AE3AFDA755408A8BF6BC90FE2EA910" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Small Business Freedom of Commerce Act
of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HAC89531A5E8D4DE48D74204AA4E0FE98">
<enum>
2.
</enum>
<header>
Small business
exemptions
</header>
<subsection id="H29626FDBF0204832840B0849F5146DC2">
<enum>
(a)
</enum>
<header>
Election
</header>
<text display-inline="yes-display-inline">
Notwithstanding any other provision of law,
a small business concern operating in the United States may elect to be exempt
from any Federal rule or regulation issued on or after January 20, 2009.
</text>
</subsection>
<subsection id="HC174B9B93BF24B3A8E1B881167DA3CD9">
<enum>
(b)
</enum>
<header>
Process for
exemption
</header>
<paragraph id="H41EA42B087494340AAD0D2412A2FDFAE">
<enum>
(1)
</enum>
<header>
Notification of
Federal agency
</header>
<text display-inline="yes-display-inline">
To be exempt
from a rule or regulation under this section, the highest ranking official of a
small business concern shall provide to the Federal agency that issued such
rule or regulation written notice that the small business concern has elected
to be exempt from such rule or regulation.
</text>
</paragraph>
<paragraph id="H2E476AD41C4A4183B86449798B979917">
<enum>
(2)
</enum>
<header>
Timing
</header>
<text>
A
small business concern shall be exempt from a rule or regulation beginning on
the date that is 30 days after the date that written notice provided by such
concern under paragraph (1), with respect to such rule or regulation, is
received by the applicable Federal agency.
</text>
</paragraph>
<paragraph id="H58389407CCCF419EBBAE950A6943D627">
<enum>
(3)
</enum>
<header>
Confirmation of
written notice
</header>
<text>
Not later than 7 days after receiving a written
notice under paragraph (1), the head of the Federal agency that received such
notice shall provide to the applicable small business concern written
confirmation that such notice has been received.
</text>
</paragraph>
</subsection>
<subsection id="HD552DD57B0334E3D8CCA07DED9BC610D">
<enum>
(c)
</enum>
<header>
Notification of
public
</header>
<text display-inline="yes-display-inline">
A small business
concern that is exempt from a Federal rule or regulation under this section
shall—
</text>
<paragraph id="HA1BF751DAEAA4246858A5365F5829915">
<enum>
(1)
</enum>
<text>
label any product
of the concern affected by such exemption in a manner that provides notice that
the product is no longer subject to such rule or regulation; and
</text>
</paragraph>
<paragraph id="H2AF5F24D30D44E9FB354E45DEFDB672F">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
include in any communication of the concern
relating to a product or activity affected by such exemption notice that the
product or activity is no longer subject to such rule or regulation.
</text>
</paragraph>
</subsection>
<subsection id="H49DA06C89D4F45C09A4A0B966BBFDEE6">
<enum>
(d)
</enum>
<header>
Penalties
</header>
<text>
A
small business concern that fails to satisfy any requirement under this section
shall be subject to penalties for noncompliance with an applicable Federal rule
or regulation without regard to any election of the small business concern to
be exempt from such rule or regulation.
</text>
</subsection>
<subsection id="H74BD46644E2D484C843F913C234C7486">
<enum>
(e)
</enum>
<header>
Limitations
</header>
<text>
A
small business concern may not elect to be exempt under this section from a
rule or regulation issued by the Department of Defense or the Department of
Homeland Security, if the Secretary of Defense or the Secretary of Homeland
Security has determined that such rule or regulation is necessary for the
security of the United States.
</text>
</subsection>
<subsection id="H098A4B67C27E4DA8AF80F9018424E061">
<enum>
(f)
</enum>
<header>
Definitions
</header>
<text>
In
this section, the following definitions apply:
</text>
<paragraph id="H42A18F2676D24467A97C39355312B01C">
<enum>
(1)
</enum>
<header>
Federal
agency
</header>
<text display-inline="yes-display-inline">
The term
<term>
Federal
agency
</term>
means any department, agency, or independent establishment of the
Federal Government.
</text>
</paragraph>
<paragraph id="H2B332C41213E4F958FD4591855891664">
<enum>
(2)
</enum>
<header>
Small business
concern
</header>
<text>
The term
<term>
small business concern
</term>
has the
meaning given such term in section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 168 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Garrett introduced the following bill; which was referred to the Committee on Small Business A BILL To permit small business concerns operating in the United States to elect to be exempt from certain Federal rules and regulations, and for other purposes.
1. Short title This Act may be cited as the Small Business Freedom of Commerce Act of 2013 . 2. Small business exemptions (a) Election Notwithstanding any other provision of law, a small business concern operating in the United States may elect to be exempt from any Federal rule or regulation issued on or after January 20, 2009. (b) Process for exemption (1) Notification of Federal agency To be exempt from a rule or regulation under this section, the highest ranking official of a small business concern shall provide to the Federal agency that issued such rule or regulation written notice that the small business concern has elected to be exempt from such rule or regulation. (2) Timing A small business concern shall be exempt from a rule or regulation beginning on the date that is 30 days after the date that written notice provided by such concern under paragraph (1), with respect to such rule or regulation, is received by the applicable Federal agency. (3) Confirmation of written notice Not later than 7 days after receiving a written notice under paragraph (1), the head of the Federal agency that received such notice shall provide to the applicable small business concern written confirmation that such notice has been received. (c) Notification of public A small business concern that is exempt from a Federal rule or regulation under this section shall— (1) label any product of the concern affected by such exemption in a manner that provides notice that the product is no longer subject to such rule or regulation; and (2) include in any communication of the concern relating to a product or activity affected by such exemption notice that the product or activity is no longer subject to such rule or regulation. (d) Penalties A small business concern that fails to satisfy any requirement under this section shall be subject to penalties for noncompliance with an applicable Federal rule or regulation without regard to any election of the small business concern to be exempt from such rule or regulation. (e) Limitations A small business concern may not elect to be exempt under this section from a rule or regulation issued by the Department of Defense or the Department of Homeland Security, if the Secretary of Defense or the Secretary of Homeland Security has determined that such rule or regulation is necessary for the security of the United States. (f) Definitions In this section, the following definitions apply: (1) Federal agency The term Federal agency means any department, agency, or independent establishment of the Federal Government. (2) Small business concern The term small business concern has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). |
113-hr-169-ih-dtd | 113-hr-169 | 113 | hr | 169 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr169ih.xml | BILLS-113hr169ih.xml | 2023-01-08 17:42:47.462 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 169 IH: Labor Relations First Contract Negotiations Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
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EN
</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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113th CONGRESS
</congress>
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1st Session
</session>
<legis-num>
H. R. 169
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of
Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the National Labor Relations Act to require the
arbitration of initial contract negotiation disputes, and for other
purposes.
</official-title>
</form>
<legis-body id="H7611939723394DE5A71B93EAEA58BA85" style="OLC">
<section id="HDC0D95F9DBF94A178A68B42BFD7F3515" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Labor Relations First Contract
Negotiations Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HE637799580784B10ACF996A0012EF981">
<enum>
2.
</enum>
<header>
Initial contract
disputes
</header>
<text display-inline="no-display-inline">
Section 8 of the
National Labor Relations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/158">
29 U.S.C. 158
</external-xref>
) is amended by adding at the end
the following new subsection:
</text>
<quoted-block id="H18AC724F8C564F08B36E91258E3E2B15" style="OLC">
<subsection id="HA8468F33DD264CEE8B8B97AB2962FCA5">
<enum>
(h)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HF795B50175674B4584CC2DFE28A0C7D7">
<enum>
(1)
</enum>
<text>
If, not later than 60
days after the certification of a new representative of employees for the
purpose of collective bargaining, the employer of the employees and the
representative have not reached a collective bargaining agreement with respect
to the terms and conditions of employment, the employer and the representative
shall jointly select a mediator to mediate those issues on which the employer
and the representative cannot agree.
</text>
</paragraph>
<paragraph id="H58D67FE97B6B407B836B5F2F14FC079B" indent="up1">
<enum>
(2)
</enum>
<text>
If the employer and the
representative are unable to agree upon a mediator, either party may request
the Federal Mediation and Conciliation Service to select a mediator and the
Federal Mediation and Conciliation Service shall upon the request select a
person to serve as mediator.
</text>
</paragraph>
<paragraph id="HFC3E4449735940C59E32D391EE9F0FD6" indent="up1">
<enum>
(3)
</enum>
<text>
If, not later than 30 days after the
date of the selection of a mediator under paragraph (1) or (2), the employer
and the representative have not reached an agreement, the employer or the
representative may transfer the matters remaining in controversy to the Federal
Mediation and Conciliation Service for binding
arbitration.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 169 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to require the arbitration of initial contract negotiation disputes, and for other purposes.
1. Short title This Act may be cited as the Labor Relations First Contract Negotiations Act of 2013 . 2. Initial contract disputes Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended by adding at the end the following new subsection: (h) (1) If, not later than 60 days after the certification of a new representative of employees for the purpose of collective bargaining, the employer of the employees and the representative have not reached a collective bargaining agreement with respect to the terms and conditions of employment, the employer and the representative shall jointly select a mediator to mediate those issues on which the employer and the representative cannot agree. (2) If the employer and the representative are unable to agree upon a mediator, either party may request the Federal Mediation and Conciliation Service to select a mediator and the Federal Mediation and Conciliation Service shall upon the request select a person to serve as mediator. (3) If, not later than 30 days after the date of the selection of a mediator under paragraph (1) or (2), the employer and the representative have not reached an agreement, the employer or the representative may transfer the matters remaining in controversy to the Federal Mediation and Conciliation Service for binding arbitration. . |
113-hr-170-ih-dtd | 113-hr-170 | 113 | hr | 170 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr170ih.xml | BILLS-113hr170ih.xml | 2023-01-08 17:42:47.572 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 170 IH: To direct the Secretary of Labor to revise regulations concerning the recording and reporting of occupational injuries and illnesses under the Occupational Safety and Health Act of 1970.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
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</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 170
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of
Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To direct the Secretary of Labor to revise regulations
concerning the recording and reporting of occupational injuries and illnesses
under the Occupational Safety and Health Act of 1970.
</official-title>
</form>
<legis-body id="H2AB63C8F9D4A49A38CD928E60E1920ED" style="OLC">
<section id="HC678E5FBF19F40E28FDCB88441491C60" section-type="section-one">
<enum>
1.
</enum>
<header>
Recording and reporting of
occupational injuries and illnesses
</header>
<subsection id="H72302CF2B19B4A638BA6842461570F67">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 180
days after the date of enactment of this Act, the Secretary of Labor shall
revise the regulations in part 1904 of title 29, Code of Federal Regulations,
concerning the recording and reporting of occupational injuries and illnesses
under the Occupational Safety and Health Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/29/651">
29 U.S.C. 651 et seq.
</external-xref>
),
to require site-controlling employers to keep a site log for all recordable
injuries and illnesses occurring among all employees on the particular site,
whether such employees are employed directly by the site-controlling employer
or are employed by contractors or temporary help or employee leasing
services.
</text>
</subsection>
<subsection id="H401E1ED5BDD24FF481A5CBABFBC9688E">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
As used in this section, the term
<term>
site-controlling employer
</term>
means the employer that has primary
control over the work on a particular work site and supervises the employees on
a day-to-day basis on a particular work site.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 170 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to revise regulations concerning the recording and reporting of occupational injuries and illnesses under the Occupational Safety and Health Act of 1970.
1. Recording and reporting of occupational injuries and illnesses (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall revise the regulations in part 1904 of title 29, Code of Federal Regulations, concerning the recording and reporting of occupational injuries and illnesses under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ), to require site-controlling employers to keep a site log for all recordable injuries and illnesses occurring among all employees on the particular site, whether such employees are employed directly by the site-controlling employer or are employed by contractors or temporary help or employee leasing services. (b) Definition As used in this section, the term site-controlling employer means the employer that has primary control over the work on a particular work site and supervises the employees on a day-to-day basis on a particular work site. |
113-hr-171-ih-dtd | 113-hr-171 | 113 | hr | 171 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr171ih.xml | BILLS-113hr171ih.xml | 2023-01-08 17:42:47.130 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 171 IH: Chiropractic Membership in the Public Health Service Commissioned Corps Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
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2013-01-04
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
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1st Session
</session>
<legis-num>
H. R. 171
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of
Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Public Health Service Act to authorize
appointment of Doctors of Chiropractic to regular and reserve corps of the
Public Health Service Commissioned Corps, and for other
purposes.
</official-title>
</form>
<legis-body id="HD2BEAC27C8ED4E11B431DB1DADFFFF59" style="OLC">
<section id="HC94EF8A4AA564CD18B3367E7DF1212EC" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Chiropractic Membership in the Public
Health Service Commissioned Corps Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section commented="no" id="H7A2BC1D8AA364658B54699D54447AB20">
<enum>
2.
</enum>
<header>
Doctors of
Chiropractic in the Public Health Service Commissioned Corps
</header>
<subsection id="H43014D3D51A14A4D8AD0C08D78B6A708">
<enum>
(a)
</enum>
<header>
Appointment of
personnel
</header>
<text>
Section 207(a)(1) of the Public Health Service Act (42
U.S.C. 209(a)(1)) is amended by inserting
<quote>
chiropractic,
</quote>
after
<quote>
nursing,
</quote>
.
</text>
</subsection>
<subsection id="HD446DE6451EC407680CF835EE777AEC8">
<enum>
(b)
</enum>
<header>
Authorization of
appointment of Doctors of Chiropractic
</header>
<text>
Section 207 of the Public
Health Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/209">
42 U.S.C. 209
</external-xref>
) is amended by adding at the end the
following new subsection:
</text>
<quoted-block id="H12570F40C1424396BD8E5F292B6F5079" style="OLC">
<subsection id="H01AF3DC167D843B6A98EB228DBC5C3B1">
<enum>
(j)
</enum>
<header>
Appointment of
Doctors of Chiropractic
</header>
<text>
Doctors of Chiropractic who are graduates
of colleges of chiropractic whose graduates are eligible for licensure to
practice chiropractic in a majority of the States of the United States, or
approved by a body or bodies acceptable to the Secretary, shall be eligible for
appointment as officers in the commissioned Regular Corps and the Ready Reserve
Corps of the Public Health Service. The Secretary and the Surgeon General shall
ensure that such Doctors of Chiropractic are trained, equipped, and otherwise
prepared to fulfill applicable public health and emergency response service
responsibilities in the Commissioned
Corps.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HCE224F23DD7C4EB4B9F51089B5D7AA52">
<enum>
(c)
</enum>
<header>
Required
placement of Doctors of Chiropractic into Public Health Service Commissioned
Corps
</header>
<paragraph id="HCD74A0E1C2274EF398CF5F55B1ACFD7E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 90 days after the date of the enactment of
this Act, the President, in consultation with the Surgeon General and the
Secretary of Health and Human Services, shall commence the appointment of no
fewer than 6 Doctors of Chiropractic into the commissioned Regular Corps and
the Ready Reserve Corps of the Public Health Service.
</text>
</paragraph>
<paragraph id="H6B28D074574A4EA3A67A5FB359A4385E">
<enum>
(2)
</enum>
<header>
Reports
</header>
<text>
The
Surgeon General shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health Education Labor and
Pensions of the Senate quarterly reports on all measures taken by the
President, the Surgeon General, and the Secretary of Health and Human Services
to carry out the provisions of this Act, including the amendments made by this
Act. The first such report shall be submitted not later than 120 days after the
date of the enactment of this Act.
</text>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H3CCC16AE1BB34BBB8E8701A331E16BDB">
<enum>
(d)
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="yes-display-inline">
Out of the
total aggregate appropriations made available to the Department of Health and
Human Services through annual appropriations Acts for fiscal years 2014, 2015,
2016, and 2017, $1,500,000 is authorized and shall be made available in each of
such fiscal years only for the salaries and expenses necessary to carry out
this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 171 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize appointment of Doctors of Chiropractic to regular and reserve corps of the Public Health Service Commissioned Corps, and for other purposes.
1. Short title This Act may be cited as the Chiropractic Membership in the Public Health Service Commissioned Corps Act of 2013 . 2. Doctors of Chiropractic in the Public Health Service Commissioned Corps (a) Appointment of personnel Section 207(a)(1) of the Public Health Service Act (42 U.S.C. 209(a)(1)) is amended by inserting chiropractic, after nursing, . (b) Authorization of appointment of Doctors of Chiropractic Section 207 of the Public Health Service Act ( 42 U.S.C. 209 ) is amended by adding at the end the following new subsection: (j) Appointment of Doctors of Chiropractic Doctors of Chiropractic who are graduates of colleges of chiropractic whose graduates are eligible for licensure to practice chiropractic in a majority of the States of the United States, or approved by a body or bodies acceptable to the Secretary, shall be eligible for appointment as officers in the commissioned Regular Corps and the Ready Reserve Corps of the Public Health Service. The Secretary and the Surgeon General shall ensure that such Doctors of Chiropractic are trained, equipped, and otherwise prepared to fulfill applicable public health and emergency response service responsibilities in the Commissioned Corps. . (c) Required placement of Doctors of Chiropractic into Public Health Service Commissioned Corps (1) In general Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Surgeon General and the Secretary of Health and Human Services, shall commence the appointment of no fewer than 6 Doctors of Chiropractic into the commissioned Regular Corps and the Ready Reserve Corps of the Public Health Service. (2) Reports The Surgeon General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health Education Labor and Pensions of the Senate quarterly reports on all measures taken by the President, the Surgeon General, and the Secretary of Health and Human Services to carry out the provisions of this Act, including the amendments made by this Act. The first such report shall be submitted not later than 120 days after the date of the enactment of this Act. (d) Authorization of appropriations Out of the total aggregate appropriations made available to the Department of Health and Human Services through annual appropriations Acts for fiscal years 2014, 2015, 2016, and 2017, $1,500,000 is authorized and shall be made available in each of such fiscal years only for the salaries and expenses necessary to carry out this Act. |
113-hr-172-ih-dtd | 113-hr-172 | 113 | hr | 172 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr172ih.xml | BILLS-113hr172ih.xml | 2023-01-08 17:42:47.241 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 172 IH: Ensuring Continuous Coverage under SCHIP Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
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text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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I
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 172
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of
Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title XXI of the Social Security Act to require
12-month continuous coverage under the State Children’s Health Insurance
Program.
</official-title>
</form>
<legis-body id="H51DFC25FAABC4413BD045B92B7CA0775" style="OLC">
<section id="HCED47B3C2BCD4A828263332A7BF24AD9" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Ensuring Continuous Coverage under
SCHIP Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HBF1DD8552E0A4C49938565E0F1E49A68">
<enum>
2.
</enum>
<header>
Requirement of
12-month continuous coverage under SCHIP
</header>
<subsection id="H207B8F2D322C4871A492A25E0F9E197B">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 2102(b) of the Social Security Act (42 U.S.C.
1397bb(b)) is amended by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HEF053B3AF7FC46138B62600890E7D219" style="OLC">
<paragraph id="H1AB2DBC6244F49129F2E5247FF8BE65E">
<enum>
(6)
</enum>
<header>
Requirement for
12-month continuous eligibility
</header>
<text>
In the case of a State child
health plan that provides child health assistance under this title through a
means other than described in section 2101(a)(2), the plan shall provide for
implementation under this title of the 12-month continuous eligibility option
described in section 1902(e)(12) for targeted low-income children whose family
income is below 200 percent of the poverty
line.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H1AB678225B2F4237BCF2DE5FBCB4F244">
<enum>
(b)
</enum>
<header>
Conforming
amendment
</header>
<text display-inline="yes-display-inline">
In section
2105(a)(4) of such Act, strike subparagraph (A) and redesignate the following
subparagraphs accordingly.
</text>
</subsection>
<subsection id="H3D08717A84C94BED978ACDD0935D0CD3">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
this section shall apply to determinations (and redeterminations) of
eligibility made on or after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 172 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXI of the Social Security Act to require 12-month continuous coverage under the State Children’s Health Insurance Program.
1. Short title This Act may be cited as the Ensuring Continuous Coverage under SCHIP Act of 2013 . 2. Requirement of 12-month continuous coverage under SCHIP (a) In general Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: (6) Requirement for 12-month continuous eligibility In the case of a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), the plan shall provide for implementation under this title of the 12-month continuous eligibility option described in section 1902(e)(12) for targeted low-income children whose family income is below 200 percent of the poverty line. . (b) Conforming amendment In section 2105(a)(4) of such Act, strike subparagraph (A) and redesignate the following subparagraphs accordingly. (c) Effective date The amendments made by this section shall apply to determinations (and redeterminations) of eligibility made on or after the date of the enactment of this Act. |
113-hr-173-ih-dtd | 113-hr-173 | 113 | hr | 173 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr173ih.xml | BILLS-113hr173ih.xml | 2023-01-08 17:42:46.896 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dublinCore>
<dc:title>
113 HR 173 IH: Ensuring Continuous Medicaid Coverage for Children Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 173
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of
Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title XIX of the Social Security Act to require
12-month continuous coverage for children under Medicaid.
</official-title>
</form>
<legis-body id="H0DADA3941DDC478C84B6669EA3E1B81D" style="OLC">
<section id="H44E077D7370F4C8CB79E3C3B614C5AD0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Ensuring Continuous Medicaid Coverage
for Children Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF2655149F51241099631BD61A2966883">
<enum>
2.
</enum>
<header>
Requirement of
12-month continuous coverage for children under Medicaid
</header>
<subsection id="H2E8B5AB3E5D3429E9E59005C6BA2AEFF">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 1902 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396a">
42 U.S.C. 1396a
</external-xref>
)
is amended—
</text>
<paragraph id="H87FA136443EE4061BC5C656CA1B09449">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H15BF8663983043F08D79B57DE35CCA04">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of paragraph (74);
</text>
</subparagraph>
<subparagraph id="H29AD26D78A8540FF826AE6279FFD8707">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
and
</quote>
at the end
of paragraph (82);
</text>
</subparagraph>
<subparagraph id="H8587EEA8D01D412D9DDB4126B58228C3">
<enum>
(C)
</enum>
<text>
by striking the
period at the end of paragraph (83) and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H198581E26D6A4866AA2C5D02C71C9816">
<enum>
(D)
</enum>
<text>
by inserting after
paragraph (83) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H5AA07E97E0864A4BA22DDA1F3B4D69D0" style="OLC">
<paragraph id="H7CE74EC137504C1ABFE0CBD73F1BD328">
<enum>
(84)
</enum>
<text display-inline="yes-display-inline">
meet the requirement of subsection
(e)(12).
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA07AD50886894B46B706C31D1DA4800D">
<enum>
(2)
</enum>
<text>
in subsection
(e)(12), by striking
<quote>
At the option of a State, the plan may
</quote>
and
inserting
<quote>
The State plan under this title shall
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H162FB5E8161E4E849D3A59367BD61D33">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<paragraph id="H5926859FBDAE49A2985122652A2FE38B">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as provided under paragraph (2), the amendments
made by subsection (a) shall take effect on October 1, 2013, and shall apply to
individuals who were determined eligible for medical assistance before, on, or
after such date.
</text>
</paragraph>
<paragraph id="H70D99AD3B03545B6A3505C5DF14293EF">
<enum>
(2)
</enum>
<header>
Special rule for
State legislation
</header>
<text>
In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendment made by this section, the State plan shall
not be regarded as failing to comply with the requirements of such title solely
on the basis of its failure to meet that additional requirement before the
later of the following dates:
</text>
<subparagraph id="H41256E8B20C44BD59C6E1CE46306233D">
<enum>
(A)
</enum>
<text>
The first day of
the first calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of the enactment of
this Act.
</text>
</subparagraph>
<subparagraph id="HCEC3693D6141450DB8D1FA76F7DD51D1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
October 1, 2013.
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
For purposes
of subparagraph (A), in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a separate regular
session of the State legislature.
</continuation-text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 173 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to require 12-month continuous coverage for children under Medicaid.
1. Short title This Act may be cited as the Ensuring Continuous Medicaid Coverage for Children Act of 2013 . 2. Requirement of 12-month continuous coverage for children under Medicaid (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (74); (B) by striking and at the end of paragraph (82); (C) by striking the period at the end of paragraph (83) and inserting ; and ; and (D) by inserting after paragraph (83) the following new paragraph: (84) meet the requirement of subsection (e)(12). ; and (2) in subsection (e)(12), by striking At the option of a State, the plan may and inserting The State plan under this title shall . (b) Effective date (1) In general Except as provided under paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 2013, and shall apply to individuals who were determined eligible for medical assistance before, on, or after such date. (2) Special rule for State legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet that additional requirement before the later of the following dates: (A) The first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. (B) October 1, 2013. For purposes of subparagraph (A), in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. |
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113 HR 174 IH: Social Security Earnings Test Repeal Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 174
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes.
</official-title>
</form>
<legis-body id="HB48FC613EB644CE3A030C5859FB86DB6" style="OLC">
<section display-inline="no-display-inline" id="H15F46A9DE5AB480882715EA92073FE42" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Social Security Earnings Test Repeal Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H5508EAA21EB84B1197244F6562FCB0C8">
<enum>
2.
</enum>
<header>
Repeal of provisions relating to deductions on account of work
</header>
<subsection id="HFA2E21CCFDC542D5AA1C3A73B3995D31">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/403">
42 U.S.C. 403
</external-xref>
) are repealed.
</text>
</subsection>
<subsection id="H8C9CE08936EF42848AE033FBD9512400">
<enum>
(b)
</enum>
<header>
Conforming amendments
</header>
<text>
Section 203 of such Act (as amended by subsection (a)) is further amended—
</text>
<paragraph id="HE52392EE8EA0433EA14CD9FBD816A92C">
<enum>
(1)
</enum>
<text>
in subsection (c), by redesignating such subsection as subsection (b), and—
</text>
<subparagraph id="HE64F948A8EC341A3A11042BFA08E50AC">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Noncovered Work Outside the United States or
</quote>
in the heading;
</text>
</subparagraph>
<subparagraph id="HE1DD4EED370840339AFD03A7058F2CBE">
<enum>
(B)
</enum>
<text>
by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
</text>
</subparagraph>
<subparagraph id="H8DA98E82153C4AB593C134EB02574929">
<enum>
(C)
</enum>
<text>
by striking
<quote>
For purposes of paragraphs (2), (3), and (4)
</quote>
and inserting
<quote>
For purposes of paragraphs (1), (2), and (3)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8FC6A7878F4C48F9B25F7D5DC38B29D1">
<enum>
(D)
</enum>
<text>
by striking the last sentence;
</text>
</subparagraph>
</paragraph>
<paragraph id="HCDCE0BA4F423483684B3439F546CA539">
<enum>
(2)
</enum>
<text>
in subsection (e), by redesignating such subsection as subsection (c), and by striking
<quote>
subsections (c) and (d)
</quote>
and inserting
<quote>
subsection (b)
</quote>
;
</text>
</paragraph>
<paragraph id="H5A72B3BE93AF482790C1BEE06205B158">
<enum>
(3)
</enum>
<text>
in subsection (g), by redesignating such subsection as subsection (d), and by striking
<quote>
subsection (c)
</quote>
each place it appears and inserting
<quote>
subsection (b)
</quote>
; and
</text>
</paragraph>
<paragraph id="H9E9EC0DB6CAA40C6AB6EB372013EBB74">
<enum>
(4)
</enum>
<text>
in subsection (l), by redesignating such subsection as subsection (e), and by striking
<quote>
subsection (g) or (h)(1)(A)
</quote>
and inserting
<quote>
subsection (d)
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H186BEC53BF064D938F956F92941DED66">
<enum>
3.
</enum>
<header>
Additional conforming amendments
</header>
<subsection id="H4147D11E00794658B620291E8A6E8A61">
<enum>
(a)
</enum>
<header>
Provisions relating to benefits terminated upon deportation
</header>
<text>
Section 202(n)(1) of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(n)(1)
</external-xref>
) is amended by striking
<quote>
Section 203 (b), (c), and (d)
</quote>
and inserting
<quote>
Section 203(b)
</quote>
.
</text>
</subsection>
<subsection id="HCD3B4E3614FF47A8B56128143BC933D0">
<enum>
(b)
</enum>
<header>
Provisions relating to exemptions from reductions based on early retirement
</header>
<paragraph id="H4B4EB1DC22874349AADA5F0610EE5C9A">
<enum>
(1)
</enum>
<text>
Section 202(q)(5)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(q)(5)(B)
</external-xref>
) is amended by striking
<quote>
section 203(c)(2)
</quote>
and inserting
<quote>
section 203(b)(1)
</quote>
.
</text>
</paragraph>
<paragraph id="H6AB5015D5F5C421390871D2277408D3D">
<enum>
(2)
</enum>
<text>
Section 202(q)(7)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(q)(7)(A)
</external-xref>
) is amended by striking
<quote>
deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)
</quote>
and inserting
<quote>
deductions on account of work under section 203 or deductions under section 222(b)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H062BB9A2906648D495557102EDEDE8CA">
<enum>
(c)
</enum>
<header>
Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits
</header>
<paragraph id="H74A4980DD8CB4804A618C18872D34017">
<enum>
(1)
</enum>
<text>
Section 202(s)(1) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(s)(1)
</external-xref>
) is amended by striking
<quote>
paragraphs (2), (3), and (4) of section 203(c)
</quote>
and inserting
<quote>
paragraphs (1), (2), and (3) of section 203(b)
</quote>
.
</text>
</paragraph>
<paragraph id="HA567A28B44624AE29EFE39922EB98D03">
<enum>
(2)
</enum>
<text>
Section 202(s)(3) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(s)(3)
</external-xref>
) is amended by striking
<quote>
The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections
</quote>
and inserting
<quote>
Subsections
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H9479D2257EC0497DBB95A0B87C0513AC">
<enum>
(d)
</enum>
<header>
Provisions relating to suspension of aliens' benefits
</header>
<text>
Section 202(t)(7) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/402">
42 U.S.C. 402(t)(7)
</external-xref>
) is amended by striking
<quote>
Subsections (b), (c), and (d)
</quote>
and inserting
<quote>
Subsection (b)
</quote>
.
</text>
</subsection>
<subsection id="H2F937180E30C4F0FBB1DC4458D51643E">
<enum>
(e)
</enum>
<header>
Provisions relating to reductions in benefits based on maximum benefits
</header>
<text>
Section 203(a)(3)(B)(iii) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/403">
42 U.S.C. 403(a)(3)(B)(iii)
</external-xref>
) is amended by striking
<quote>
and subsections (b), (c), and (d)
</quote>
and inserting
<quote>
and subsection (b)
</quote>
.
</text>
</subsection>
<subsection id="H5BC20D804D6040BB86AB345F5C11E565">
<enum>
(f)
</enum>
<header>
Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work
</header>
<text>
Section 208(a)(1)(C) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/408">
42 U.S.C. 408(a)(1)(C)
</external-xref>
) is amended by striking
<quote>
under section 203(f) of this title for purposes of deductions from benefits
</quote>
and inserting
<quote>
under section 203 for purposes of deductions from benefits on account of work
</quote>
.
</text>
</subsection>
<subsection id="H596A2E59AFA14ED4B26FCFAE628DD83E">
<enum>
(g)
</enum>
<header>
Provisions taking into account earnings in determining benefit computation years
</header>
<text>
Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/415">
42 U.S.C. 415(b)(2)(A)
</external-xref>
) is amended by striking
<quote>
no earnings as described in section 203(f)(5) in such year
</quote>
and inserting
<quote>
no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year
</quote>
.
</text>
</subsection>
<subsection id="HB6CB8CEFFC88439E84F3D6AB6C0C7BC1">
<enum>
(h)
</enum>
<header>
Provisions relating to rounding of benefits
</header>
<text>
Section 215(g) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/415">
42 U.S.C. 415(g)
</external-xref>
) is amended by striking
<quote>
and any deduction under section 203(b)
</quote>
.
</text>
</subsection>
<subsection id="H8634A9E187814C92807857E92ACC62D7">
<enum>
(i)
</enum>
<header>
Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals
</header>
<text>
The second sentence of section 223(d)(4)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/423">
42 U.S.C. 423(d)(4)(A)
</external-xref>
) is amended by striking
<quote>
if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted
</quote>
and inserting the following: .
</text>
</subsection>
<subsection id="H9B5FB1E4698B4846B22D9FA97E22489D">
<enum>
(j)
</enum>
<header>
Provisions defining income for purposes of SSI
</header>
<text>
Section 1612(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1382a">
42 U.S.C. 1382a(a)
</external-xref>
) is amended—
</text>
<paragraph id="H3D5565A78E424212B732C880B64F15B3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
as determined under section 203(f)(5)(C)
</quote>
in paragraph (1)(A) and inserting
<quote>
as defined in the last two sentences of this subsection
</quote>
; and
</text>
</paragraph>
<paragraph id="H94F62FB74D304EC3879169B1931ADB1B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by adding at the end (after and below paragraph (2)(H)) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1A329A0330614D0CA3BBF353D5002BAE" style="traditional">
<quoted-block-continuation-text quoted-block-continuation-text-level="subsection">
For purposes of paragraph (1)(A), the term
<term>
wages
</term>
means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term
<term>
wages
</term>
shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee’s employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer.
</quoted-block-continuation-text>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HAF711FCC94B94A2A9E6CB9909C870361">
<enum>
(k)
</enum>
<header>
Repeal of deductions on account of work under the Railroad Retirement Program
</header>
<paragraph id="H2FA66884ACFD4B06A29B82AA3316C235">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Section 2 of the Railroad Retirement Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/45/231a">
45 U.S.C. 231a
</external-xref>
) is amended—
</text>
<subparagraph id="H57CE3F037A1B4D4CABB7D2D258C4EC45">
<enum>
(A)
</enum>
<text>
by striking subsection (f); and
</text>
</subparagraph>
<subparagraph id="H5BC7BE5285E64EF48A95404F2DCA50EB">
<enum>
(B)
</enum>
<text>
by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g).
</text>
</subparagraph>
</paragraph>
<paragraph id="H4172F301EB8F403B9416B1C3F30FCAAE">
<enum>
(2)
</enum>
<header>
Conforming amendments
</header>
<subparagraph id="H5B8FB10941864C8E98504F4E8E6EA509">
<enum>
(A)
</enum>
<text>
Section 3(f)(1) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/45/231b">
45 U.S.C. 231b(f)(1)
</external-xref>
) is amended in the first sentence by striking
<quote>
before any reductions under the provisions of section 2(f) of this Act,
</quote>
.
</text>
</subparagraph>
<subparagraph id="H76BA6FFF5246493F89E015843C989C2C">
<enum>
(B)
</enum>
<text>
Section 4(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/45/231c">
45 U.S.C. 231c(g)(2)
</external-xref>
) is amended—
</text>
<clause id="H3BB695ACD2054BEA831154D104B46492">
<enum>
(i)
</enum>
<text>
in clause (i), by striking
<quote>
shall, before any deductions under section 2(g) of this Act,
</quote>
and inserting
<quote>
shall
</quote>
; and
</text>
</clause>
<clause id="H5C729D1A2A7D437190DEDBE65D0E8B41">
<enum>
(ii)
</enum>
<text>
in clause (ii), by striking
<quote>
any deductions under section 2(g) of this Act and before
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HD254E6902EC14723A74A2A509533AFF2">
<enum>
4.
</enum>
<header>
Effective date
</header>
<text display-inline="no-display-inline">
The amendments and repeals made by this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 174 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes.
1. Short title This Act may be cited as the Social Security Earnings Test Repeal Act of 2013 . 2. Repeal of provisions relating to deductions on account of work (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act ( 42 U.S.C. 403 ) are repealed. (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) in subsection (c), by redesignating such subsection as subsection (b), and— (A) by striking Noncovered Work Outside the United States or in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking For purposes of paragraphs (2), (3), and (4) and inserting For purposes of paragraphs (1), (2), and (3) ; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking subsections (c) and (d) and inserting subsection (b) ; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking subsection (c) each place it appears and inserting subsection (b) ; and (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking subsection (g) or (h)(1)(A) and inserting subsection (d) . 3. Additional conforming amendments (a) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) ) is amended by striking Section 203 (b), (c), and (d) and inserting Section 203(b) . (b) Provisions relating to exemptions from reductions based on early retirement (1) Section 202(q)(5)(B) of such Act ( 42 U.S.C. 402(q)(5)(B) ) is amended by striking section 203(c)(2) and inserting section 203(b)(1) . (2) Section 202(q)(7)(A) of such Act ( 42 U.S.C. 402(q)(7)(A) ) is amended by striking deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) and inserting deductions on account of work under section 203 or deductions under section 222(b) . (c) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits (1) Section 202(s)(1) of such Act ( 42 U.S.C. 402(s)(1) ) is amended by striking paragraphs (2), (3), and (4) of section 203(c) and inserting paragraphs (1), (2), and (3) of section 203(b) . (2) Section 202(s)(3) of such Act ( 42 U.S.C. 402(s)(3) ) is amended by striking The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections and inserting Subsections . (d) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) ) is amended by striking Subsections (b), (c), and (d) and inserting Subsection (b) . (e) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act ( 42 U.S.C. 403(a)(3)(B)(iii) ) is amended by striking and subsections (b), (c), and (d) and inserting and subsection (b) . (f) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) ) is amended by striking under section 203(f) of this title for purposes of deductions from benefits and inserting under section 203 for purposes of deductions from benefits on account of work . (g) Provisions taking into account earnings in determining benefit computation years Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended by striking no earnings as described in section 203(f)(5) in such year and inserting no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year . (h) Provisions relating to rounding of benefits Section 215(g) of such Act ( 42 U.S.C. 415(g) ) is amended by striking and any deduction under section 203(b) . (i) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals The second sentence of section 223(d)(4)(A) of such Act ( 42 U.S.C. 423(d)(4)(A) ) is amended by striking if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted and inserting the following: . (j) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) ) is amended— (1) by striking as determined under section 203(f)(5)(C) in paragraph (1)(A) and inserting as defined in the last two sentences of this subsection ; and (2) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term wages shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee’s employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer. . (k) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) ) is amended in the first sentence by striking before any reductions under the provisions of section 2(f) of this Act, . (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) ) is amended— (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, and inserting shall ; and (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before . 4. Effective date The amendments and repeals made by this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act. |
113-hr-175-ih-dtd | 113-hr-175 | 113 | hr | 175 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr175ih.xml | BILLS-113hr175ih.xml | 2023-01-08 17:42:46.263 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 175 IH: Employee Paycheck Protection Act
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U.S. House of Representatives
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2013-01-04
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text/xml
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<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 175
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000567">
Mr. Griffin of
Arkansas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require labor organizations to provide the notice to
employees related to fees collection required pursuant to the Supreme Court
cases Teachers Local No. 1 v. Hudson and Knox v. Service Employees
International Union.
</official-title>
</form>
<legis-body id="H673D51D699524464802DECC3636E891F" style="OLC">
<section id="HFD8BC0BD5F3E495697E703FA03FD8AA3" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Employee Paycheck Protection
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HE972C507D0FE4FCBBD7F3D3574BE5CE1">
<enum>
2.
</enum>
<header>
Notice
requirements related to fees collection by labor organizations
</header>
<subsection id="H45D73E405E014EB08517FC0B60431495">
<enum>
(a)
</enum>
<header>
Notice
required
</header>
<text display-inline="yes-display-inline">
Prior to imposing or
collecting any dues or fees from its members or from any other employees
covered by a collective bargaining agreement, or increasing any such dues or
fees, a labor organization shall provide all employees covered by the
collective bargaining agreement with a written notice explaining how the labor
organization calculated the share of such dues or fees that are for
non-political costs related to collective bargaining.
</text>
</subsection>
<subsection id="HBB81D1CFA8DB434686AD0F0B9CAD62EE">
<enum>
(b)
</enum>
<header>
Affirmative
consent required from non-Union employees
</header>
<text>
A labor organization
may not exact any funds for dues or fees from any employee covered by a
collective bargaining agreement who is not a member of the labor organization
without the affirmative consent of such employee.
</text>
</subsection>
</section>
<section id="H08A2328EDBFC427C9B1C55924B4220CE">
<enum>
3.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
As used in this Act, the terms
<term>
employee
</term>
and
<term>
labor organization
</term>
have the meanings
given such terms in section 2 of the National Labor Relations Act (29 U.S.C.
152).
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 175 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require labor organizations to provide the notice to employees related to fees collection required pursuant to the Supreme Court cases Teachers Local No. 1 v. Hudson and Knox v. Service Employees International Union.
1. Short title This Act may be cited as the Employee Paycheck Protection Act . 2. Notice requirements related to fees collection by labor organizations (a) Notice required Prior to imposing or collecting any dues or fees from its members or from any other employees covered by a collective bargaining agreement, or increasing any such dues or fees, a labor organization shall provide all employees covered by the collective bargaining agreement with a written notice explaining how the labor organization calculated the share of such dues or fees that are for non-political costs related to collective bargaining. (b) Affirmative consent required from non-Union employees A labor organization may not exact any funds for dues or fees from any employee covered by a collective bargaining agreement who is not a member of the labor organization without the affirmative consent of such employee. 3. Definitions As used in this Act, the terms employee and labor organization have the meanings given such terms in section 2 of the National Labor Relations Act (29 U.S.C. 152). |
113-hr-176-ih-dtd | 113-hr-176 | 113 | hr | 176 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr176ih.xml | BILLS-113hr176ih.xml | 2023-01-08 17:42:46.555 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3F5D255A075847DCA98D0289E3F119DA" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 176 IH: Stop Taxpayer Funded Cell Phones Act of 2011
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 176
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000567">
Mr. Griffin of
Arkansas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To prohibit universal service support of commercial
mobile service through the Lifeline program.
</official-title>
</form>
<legis-body id="HF7F93D1F799046A4AE9104F1BFCDAB84" style="OLC">
<section id="H66CDB6E4967443149E62972EFDC7EE28" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Stop Taxpayer Funded Cell Phones Act
of 2011
</short-title>
</quote>
.
</text>
</section>
<section id="H632FB65797B24FF38E39516E5441A0E8">
<enum>
2.
</enum>
<header>
Prohibition on
Lifeline support for commercial mobile service
</header>
<subsection id="H643EB87BC8004190ACD40936BD1A115C">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A provider of
commercial mobile service may not receive universal service support under
sections 214(e) and 254 of the Communications Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/47/214">
47 U.S.C. 214(e)
</external-xref>
;
254) for the provision of such service through the Lifeline program of the
Federal Communications Commission.
</text>
</subsection>
<subsection id="H4BC8088B7A1B4DCFA78E05C1B386CCB4">
<enum>
(b)
</enum>
<header>
Commercial
mobile service defined
</header>
<text display-inline="yes-display-inline">
In
this section, the term
<term>
commercial mobile service
</term>
has the meaning
given such term in section 332(d)(1) of the Communications Act of 1934 (47
U.S.C. 332(d)(1)).
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 176 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit universal service support of commercial mobile service through the Lifeline program.
1. Short title This Act may be cited as the Stop Taxpayer Funded Cell Phones Act of 2011 . 2. Prohibition on Lifeline support for commercial mobile service (a) In general A provider of commercial mobile service may not receive universal service support under sections 214(e) and 254 of the Communications Act of 1934 ( 47 U.S.C. 214(e) ; 254) for the provision of such service through the Lifeline program of the Federal Communications Commission. (b) Commercial mobile service defined In this section, the term commercial mobile service has the meaning given such term in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1)). |
113-hr-177-ih-dtd | 113-hr-177 | 113 | hr | 177 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr177ih.xml | BILLS-113hr177ih.xml | 2023-01-08 17:42:46.008 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H1BB5CB860A04434B917A5CE3141B05E4" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 177 IH: Death Tax Repeal Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 177
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000567">
Mr. Griffin of
Arkansas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To repeal the Federal estate and gift
taxes.
</official-title>
</form>
<legis-body id="H3DF7BE7C13BE436983DDF8A25631956C" style="OLC">
<section id="H120A9C65C4B641A39D3992C9DA929680" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Death Tax Repeal
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HB8469AB6A57F41249D9A9DC655FFDB11">
<enum>
2.
</enum>
<header>
Repeal of estate
and gift taxes
</header>
<subsection id="H3C34B7DB9E49476087003607A814CBFE">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subtitle B of the
Internal Revenue Code of 1986 (relating to estate, gift, and
generation-skipping taxes) is hereby repealed.
</text>
</subsection>
<subsection id="H42A4A9FB8D3B4C1497FDD28713E474ED">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The repeal made by subsection (a) shall apply to estates of
decedents dying, gifts made, and generation-skipping transfers made after the
date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 177 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To repeal the Federal estate and gift taxes.
1. Short title This Act may be cited as the Death Tax Repeal Act . 2. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act. |
113-hr-178-ih-dtd | 113-hr-178 | 113 | hr | 178 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr178ih.xml | BILLS-113hr178ih.xml | 2023-01-08 17:42:46.126 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HF317F6F84A3045FA8C84C7DE03253DD0" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 178 IH: End Pensions in Congress Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 178
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000567">
Mr. Griffin of
Arkansas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HGO00">
Oversight and Government
Reform
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 5, United States Code, to provide for the
termination of further retirement benefits for Members of Congress, except the
right to continue participating in the Thrift Savings Plan, and for other
purposes.
</official-title>
</form>
<legis-body id="HAE46868E2EDC403BBC52354D39251308" style="OLC">
<section id="H27EA40B787C7449496605F5CE7A75BC2" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
End Pensions in Congress
Act
</short-title>
</quote>
or the
<quote>
<short-title>
EPIC
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H07B223ACD9884AFEB90E11A3C47D27D8">
<enum>
2.
</enum>
<header>
Amendments
relating to the Civil Service Retirement System
</header>
<subsection id="HA892E13C68CE4AF68DF95A7403D02865">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subchapter III of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/83">
chapter 83
</external-xref>
of title 5, United States
Code, is amended by inserting after section 8335 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4F5FA27C0B3343DF9D95A9B16F3938D2" style="USC">
<section id="H336121B880F441DC88278DD514C29B21">
<enum>
8335a.
</enum>
<header>
Termination
of further retirement coverage of Members of Congress
</header>
<subsection id="H8CE1D12AB61E488ABB8A92CC66BACCAC">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of this subchapter and subject to subsection (f), effective as
of the date of enactment of this section—
</text>
<paragraph id="H9FCC6FB25F1B4309AFC7D229B4ACA202">
<enum>
(1)
</enum>
<text>
a Member shall not
be subject to this subchapter for any further period of time; and
</text>
</paragraph>
<paragraph id="HC9EC5DA7DE7F46B5817B6A6AF64B0D66">
<enum>
(2)
</enum>
<text>
no further
Government contributions or deductions from basic pay may be made with respect
to such Member for deposit in the Treasury of the United States to the credit
of the Fund.
</text>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HC68F935FE6E044FCA3AAF6C79724928E">
<enum>
(b)
</enum>
<header>
Prior rights not
affected
</header>
<text>
Nothing in subsection (a) shall be considered to
nullify, modify, or otherwise affect any right, entitlement, or benefit under
this subchapter with respect to any Member covering any period prior to the
date of enactment of this section.
</text>
</subsection>
<subsection id="H4A5F1F3D66D84073AD6996C964357DB6">
<enum>
(c)
</enum>
<header>
Right To
participate in thrift savings plan not affected
</header>
<text>
Nothing in
subsection (a) shall affect the eligibility of a Member to participate in the
Thrift Savings Plan in accordance with otherwise applicable provisions of
law.
</text>
</subsection>
<subsection id="HFCD280BA2C6B4378A45B4677210049A8">
<enum>
(d)
</enum>
<header>
Regulations
</header>
<text>
Any
regulations necessary to carry out this section may—
</text>
<paragraph id="H194B659A444C4F8183966756A5917EF2">
<enum>
(1)
</enum>
<text>
except with
respect to matters under subparagraph (B), be prescribed by the Director of the
Office of Personnel Management; and
</text>
</paragraph>
<paragraph id="H22C54D17B10F40EE8FED87DA76D56A59">
<enum>
(2)
</enum>
<text>
with respect to
matters relating to the Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
</text>
</paragraph>
</subsection>
<subsection id="H1A65A9953BA2461F89A0EDED274659CC">
<enum>
(e)
</enum>
<header>
Exclusion
</header>
<text>
For
purposes of this section, the term
<term>
Member
</term>
does not include the
Vice President.
</text>
</subsection>
<subsection commented="no" id="H064347DD9B7E4FF6A6F20FFD7AE6D558">
<enum>
(f)
</enum>
<header>
Opt-In
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of
enactment of this section, a Member covered by this subchapter as of such date
may elect, by giving notice in writing to the official by whom he is paid, to
remain subject to this
subchapter.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6FF683C64E7349C58C630539FF77F012">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of sections at the beginning of chapter 83 of
title 5, United States Code, is amended by inserting after the item relating to
section 8335 the following:
</text>
<quoted-block id="HEA76A4F6D5E941C687CB281207729490" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
8335a. Termination of further retirement
coverage of Members of
Congress.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H2BF0691CB2AE45C8A8B3CC3FB38138D9">
<enum>
3.
</enum>
<header>
Amendments
relating to the Federal Employees’ Retirement System
</header>
<subsection id="H83337559960345B9834CB1ADF2A5EA1F">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subchapter II of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/84">
chapter 84
</external-xref>
of title 5, United States
Code, is amended by inserting after section 8425 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC0DC66791BEB40488AFE0A90209EB9D9" style="USC">
<section id="H74333AB42CA24164B42D4D3AA5F84F92">
<enum>
8425a.
</enum>
<header>
Termination
of further retirement coverage of Members of Congress
</header>
<subsection id="H11D2892F99444B70A4141712E53A1621">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of this chapter, effective as of the date of enactment of this
section—
</text>
<paragraph id="H8AC3CC5784B24299A0F3929454C422E7">
<enum>
(1)
</enum>
<text>
subject to
subsection (f), in the case of an individual who first becomes a Member before
such date of enactment—
</text>
<subparagraph id="H08EC6E9941F74AF6AC54C55E170F1B55">
<enum>
(A)
</enum>
<text>
such Member shall
not be subject to this chapter for any further period of time after such date
of enactment; and
</text>
</subparagraph>
<subparagraph id="HCADAB96256CE4159A3780EA9F0E6C6FF">
<enum>
(B)
</enum>
<text>
no further
Government contributions or deductions from basic pay may be made with respect
to such Member for deposit in the Treasury of the United States to the credit
of the Fund; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H5194F82077A0485F9C0DE1E0A367985B">
<enum>
(2)
</enum>
<text>
in the case of an
individual who first becomes a Member on or after such date of
enactment—
</text>
<subparagraph id="H0FCDEC47CC144BF1ADCE599CDD7F49B1">
<enum>
(A)
</enum>
<text>
such Member shall
not be subject to this chapter; and
</text>
</subparagraph>
<subparagraph id="H030158CBED794974BFFE54E56FC5C017">
<enum>
(B)
</enum>
<text>
no Government
contributions or deductions from basic pay may be made with respect to such
Member for deposit in the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HFD8419DA2CF043FA95BCB5644284843C">
<enum>
(b)
</enum>
<header>
Prior rights not
affected
</header>
<text>
Nothing in subsection (a) shall be considered to
nullify, modify, or otherwise affect any right, entitlement, or benefit under
this chapter with respect to any Member covering any period prior to the date
of enactment of this section.
</text>
</subsection>
<subsection id="HFEF412AE34DB4A07AC9B6537D94A282C">
<enum>
(c)
</enum>
<header>
Right To
participate in thrift savings plan not affected
</header>
<text>
Nothing in
subsection (a) shall affect the eligibility of a Member to participate in the
Thrift Savings Plan in accordance with otherwise applicable provisions of
law.
</text>
</subsection>
<subsection id="H367B434C0F1446F89F8CB67B69CBCC47">
<enum>
(d)
</enum>
<header>
Regulations
</header>
<paragraph id="H8BE76A0F0B2C4ACEBE31AB48E1A88416">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Any regulations necessary to carry out this section
may—
</text>
<subparagraph id="H1EA967804D3540ECAA3F1CBB9D070608">
<enum>
(A)
</enum>
<text>
except with
respect to matters under subparagraph (B), be prescribed by the Director of the
Office of Personnel Management; and
</text>
</subparagraph>
<subparagraph id="HA0F455892F72434E8E1F360B17406106">
<enum>
(B)
</enum>
<text>
with respect to
matters relating to the Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC4F2CBBB7BF04F3DBFB76492C173CD5A">
<enum>
(2)
</enum>
<header>
Refunds
</header>
<text>
Notwithstanding
subsection (b), the regulations under paragraph (1)(A) shall, in the case of a
Member who has not completed at least 5 years of civilian service as of the
date of enactment of this section, provide that the lump-sum credit shall be
payable to such Member to the same extent and in the same manner as if such
Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date
of enactment.
</text>
</paragraph>
</subsection>
<subsection id="H40B81958D8A046D99DD8DF8D55432CD2">
<enum>
(e)
</enum>
<header>
Exclusion
</header>
<text>
For
purposes of this section, the term
<term>
Member
</term>
does not include the
Vice President.
</text>
</subsection>
<subsection commented="no" id="H44806A13C2A64C00ACCC63F6475AC07E">
<enum>
(f)
</enum>
<header>
Opt-In
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of
enactment of this section, a Member covered by this chapter as of such date may
elect, by giving notice in writing to the official by whom he is paid, to
remain subject to this
chapter.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H638CC2ABFF5B418E93151CBB650D2217">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of sections at the beginning of chapter 84 of
title 5, United States Code, is amended by inserting after the item relating to
section 8425 the following:
</text>
<quoted-block id="HCBB4E7168AC64EA99CF6538BB4E36187" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
8425a. Termination of further retirement
coverage of Members of
Congress.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 178 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes.
1. Short title This Act may be cited as the End Pensions in Congress Act or the EPIC Act . 2. Amendments relating to the Civil Service Retirement System (a) In general Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this subchapter and subject to subsection (f), effective as of the date of enactment of this section— (1) a Member shall not be subject to this subchapter for any further period of time; and (2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations Any regulations necessary to carry out this section may— (1) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and (2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (e) Exclusion For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date may elect, by giving notice in writing to the official by whom he is paid, to remain subject to this subchapter. . (b) Clerical amendment The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress. . 3. Amendments relating to the Federal Employees’ Retirement System (a) In general Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section— (1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment— (A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and (B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and (2) in the case of an individual who first becomes a Member on or after such date of enactment— (A) such Member shall not be subject to this chapter; and (B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations (1) In general Any regulations necessary to carry out this section may— (A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and (B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Refunds Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. (e) Exclusion For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom he is paid, to remain subject to this chapter. . (b) Clerical amendment The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress. . |
113-hr-179-ih-dtd | 113-hr-179 | 113 | hr | 179 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr179ih.xml | BILLS-113hr179ih.xml | 2023-01-08 17:42:45.682 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H733A7720A75C438087D50870F420562F" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 179 IH: Franchise Education for Veterans Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 179
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000567">
Mr. Griffin of Arkansas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’ Affairs
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HAS00">
Armed Services
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 38, United States Code, to allow certain veterans to use educational assistance provided by the Department of Veterans Affairs for franchise training.
</official-title>
</form>
<legis-body id="HE56BCBCA9D094CA2BCCA2727F5D36CE1" style="OLC">
<section id="H4DB8037E393A4194B2123ECDE64516F9" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Franchise Education for Veterans Act
</short-title>
</quote>
.
</text>
</section>
<section id="HC5C018E15105409EBC60C8122004FC80" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Use of educational assistance for franchise training
</header>
<subsection id="H093A45A366B24ACFACF3D561C7B826B1">
<enum>
(a)
</enum>
<header>
GI Bill
</header>
<paragraph id="H34900951B3194AE9A3B9CBCF181C6FE2">
<enum>
(1)
</enum>
<header>
Program of education
</header>
<text display-inline="yes-display-inline">
Subparagraph (C) of
<external-xref legal-doc="usc" parsable-cite="usc/38/3002">
section 3002(3)
</external-xref>
of title 38, United States Code, is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H57DF1E17AF6744798AC0A4AEB488ADB1" style="USC">
<subparagraph id="HBD04BE9B4F9148F8BC4FD0DE20A74E69" indent="up1">
<enum>
(C)
</enum>
<text>
in the case of an individual who is not serving on active duty, includes—
</text>
<clause id="H66423EFF962C4B3092C9ECF1988A9F7C">
<enum>
(i)
</enum>
<text>
a full-time program of apprenticeship or of other on-job training approved as provided in paragraph (1) or (2), as appropriate, of
<external-xref legal-doc="usc" parsable-cite="usc/38/3687">
section 3687(a)
</external-xref>
of this title;
</text>
</clause>
<clause id="H8ED27469E69749F8B412A1021CB2F9CE">
<enum>
(ii)
</enum>
<text>
a cooperative program (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/38/3482">
section 3482(a)(2)
</external-xref>
of this title); and
</text>
</clause>
<clause id="H06C0B8C6F06342B0AC71D0CD17296992">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
a training program at a training establishment described in
<external-xref legal-doc="usc" parsable-cite="usc/38/3452">
section 3452(e)(2)
</external-xref>
of this title that—
</text>
<subclause id="H7A49270E95DF4A4FBCD0DC964850FF03">
<enum>
(I)
</enum>
<text>
is approved for purposes of chapter 32 or 34 of this title; and
</text>
</subclause>
<subclause id="H56416BC62106473CAAB849850D66D88A">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
is for a franchise (as defined in
<external-xref legal-doc="regulation" parsable-cite="cfr/16/436.1">
section 436.1
</external-xref>
of title 16, Code of Federal Regulations).
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H711D66E9CD954FA0990B53B98387611A">
<enum>
(2)
</enum>
<header>
Limitations
</header>
<text display-inline="yes-display-inline">
Section 3032 of such title is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2816717F18A94208BD8AE5A50AD5EE0D" style="USC">
<subsection id="H55D32DB4F8884A95AB0DE4FD3FCC7859">
<enum>
(h)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HF86EC370685A474087131770EE10A937">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Subject to paragraphs (3) and (4), the amount of educational assistance payable under this chapter for a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be, with respect to any 12-month period in which such training is pursued, the lesser of the following:
</text>
<subparagraph id="H828CF31D42894589A7EE9CC667A6F067" indent="up1">
<enum>
(A)
</enum>
<text>
The sum of—
</text>
<clause id="H9BECABD7F27345D1B99710E8EABD6237">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the fees assessed by the training establishment concerned for the training;
</text>
</clause>
<clause id="H7C9F3E00150C40198DFA42A749241E67">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under
<external-xref legal-doc="usc" parsable-cite="usc/37/403">
section 403
</external-xref>
of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and
</text>
</clause>
<clause id="H410E32750063426DB3B6A79DDB7B2CEC">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H160CEA68C974457588CAB6769D92ABD0" indent="up1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
$15,000.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3457926791F04CBF9FF3276BBFC0CF45" indent="up1">
<enum>
(2)
</enum>
<text>
The number of months of entitlement charged in the case of any individual for a training program described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such program by the full-time monthly institutional rate of educational assistance such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
</text>
</paragraph>
<paragraph id="H81BBFCF3DD4C4EF08EA7F70691466AA3" indent="up1">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H0152E17A75AE40249096FB94B545D928">
<enum>
(A)
</enum>
<text>
In no event shall payment of educational assistance under this subsection for training described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.
</text>
</subparagraph>
<subparagraph commented="no" id="H699C7D34C57B40BA9D775F0DC06037B1" indent="up1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
With respect to an individual entitled to educational assistance under this subsection who is not described in subsection (a)(1) or (c)(1) of section 3015 of this title, the Secretary shall adjust the amount payable under paragraph (1) by an amount determined by the Secretary to reflect the difference in the rate of educational assistance such individual would be paid under such section as compared to the rate an individual described in subsection (a)(1) or (c)(1) of such section would be paid under such section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1D2E9BDA590F49C5A0C813FFF60B28C2" indent="up1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
A veteran may not receive—
</text>
<subparagraph id="H637AB7075ADF4EE19683D3195A3690C1">
<enum>
(A)
</enum>
<text>
more than 12 months of educational assistance under this subsection; and
</text>
</subparagraph>
<subparagraph id="H88DEEB703ADC470FA16B6C6421A62598">
<enum>
(B)
</enum>
<text>
a total amount of educational assistance under this subsection that is more than $15,000.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H96E44F1EA2914D1383BE70F91333E347">
<enum>
(b)
</enum>
<header>
Post-9/11 GI Bill
</header>
<paragraph id="H02ADD701BC084991808E3D0FE12803F6">
<enum>
(1)
</enum>
<header>
Approved programs
</header>
<text display-inline="yes-display-inline">
Section 3313(b) of such title is amended by striking the period at the end and inserting
<quote>
, including a training program described in section 3002(3)(C)(iii) of this title.
</quote>
.
</text>
</paragraph>
<paragraph id="HF1E068EE87C3414393DEBAA86FC0C310">
<enum>
(2)
</enum>
<header>
Franchise training
</header>
<text display-inline="yes-display-inline">
Section 3313(g)(3) of such title is amended by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H5DF3C184FC52425A868FEC389946DC24" style="USC">
<subparagraph id="HDB35ADFC15AC470B9654923EE5ABAB06">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
Subject to clauses (ii) and (iii), in the case of an individual pursuing a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title, amounts, with respect to any 12-month period in which such training is pursued, as follows:
</text>
<clause display-inline="no-display-inline" id="HAE3ADA05FE104FB8A06F06C36EDB3E6A">
<enum>
(i)
</enum>
<text>
An amount equal to the lesser of—
</text>
<subclause id="H95E2C0F0385843A69A2AC4E1921773B8">
<enum>
(I)
</enum>
<text>
the sum of—
</text>
<item id="H89983964AE544B1498D1C2414258C33B">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
the fees assessed by the training establishment concerned for the training;
</text>
</item>
<item display-inline="no-display-inline" id="H2EEA3003B8F24AC3B396C2BB10BF48DD">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under
<external-xref legal-doc="usc" parsable-cite="usc/37/403">
section 403
</external-xref>
of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and
</text>
</item>
<item id="H90303A96AA424A968F6864E14B7D44E7">
<enum>
(cc)
</enum>
<text display-inline="yes-display-inline">
a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs; or
</text>
</item>
</subclause>
<subclause id="H0F2315B172964B908D957718162DB372">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
$15,000.
</text>
</subclause>
</clause>
<clause id="H5E58800BBA634F48AC72376909B759B2">
<enum>
(ii)
</enum>
<text>
In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of sections 3311(b), the amounts payable pursuant to clause (i) shall be the amounts otherwise determined pursuant to such clause multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c).
</text>
</clause>
<clause commented="no" id="H6E1949679C2F449AADB7D5BA2E0B3236">
<enum>
(iii)
</enum>
<text>
A veteran may not receive—
</text>
<subclause commented="no" display-inline="no-display-inline" id="H594E75CB93D94057995165A3DA9900ED">
<enum>
(I)
</enum>
<text>
more than 12 months of educational assistance under this subsection; and
</text>
</subclause>
<subclause commented="no" id="HD88BF94462A54CAA894D3976E61FAB76">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
a total amount of educational assistance under this subsection that is more than $15,000.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H156FE6363DEE4619BC827449FA76C516">
<enum>
(3)
</enum>
<header>
Payments
</header>
<text>
Section 3313(g)(4)(C) of such title is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF095FCA7AD764D3F82976DF1B131D4E0" style="USC">
<clause id="H0D1D04D1AEC449CD9AB14AB590E86DD6">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
Payment for the amount payable under paragraph (3)(E) for pursuit of a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be paid to the individual upon the Secretary receiving a certification of enrollment with respect to the individual made by such establishment.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 179 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to allow certain veterans to use educational assistance provided by the Department of Veterans Affairs for franchise training.
1. Short title This Act may be cited as the Franchise Education for Veterans Act . 2. Use of educational assistance for franchise training (a) GI Bill (1) Program of education Subparagraph (C) of section 3002(3) of title 38, United States Code, is amended to read as follows: (C) in the case of an individual who is not serving on active duty, includes— (i) a full-time program of apprenticeship or of other on-job training approved as provided in paragraph (1) or (2), as appropriate, of section 3687(a) of this title; (ii) a cooperative program (as defined in section 3482(a)(2) of this title); and (iii) a training program at a training establishment described in section 3452(e)(2) of this title that— (I) is approved for purposes of chapter 32 or 34 of this title; and (II) is for a franchise (as defined in section 436.1 of title 16, Code of Federal Regulations). . (2) Limitations Section 3032 of such title is amended by adding at the end the following: (h) (1) Subject to paragraphs (3) and (4), the amount of educational assistance payable under this chapter for a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be, with respect to any 12-month period in which such training is pursued, the lesser of the following: (A) The sum of— (i) the fees assessed by the training establishment concerned for the training; (ii) a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and (iii) a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs. (B) $15,000. (2) The number of months of entitlement charged in the case of any individual for a training program described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such program by the full-time monthly institutional rate of educational assistance such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. (3) (A) In no event shall payment of educational assistance under this subsection for training described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter. (B) With respect to an individual entitled to educational assistance under this subsection who is not described in subsection (a)(1) or (c)(1) of section 3015 of this title, the Secretary shall adjust the amount payable under paragraph (1) by an amount determined by the Secretary to reflect the difference in the rate of educational assistance such individual would be paid under such section as compared to the rate an individual described in subsection (a)(1) or (c)(1) of such section would be paid under such section. (4) A veteran may not receive— (A) more than 12 months of educational assistance under this subsection; and (B) a total amount of educational assistance under this subsection that is more than $15,000. . (b) Post-9/11 GI Bill (1) Approved programs Section 3313(b) of such title is amended by striking the period at the end and inserting , including a training program described in section 3002(3)(C)(iii) of this title. . (2) Franchise training Section 3313(g)(3) of such title is amended by adding at the end the following new subparagraph: (E) Subject to clauses (ii) and (iii), in the case of an individual pursuing a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title, amounts, with respect to any 12-month period in which such training is pursued, as follows: (i) An amount equal to the lesser of— (I) the sum of— (aa) the fees assessed by the training establishment concerned for the training; (bb) a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and (cc) a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs; or (II) $15,000. (ii) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of sections 3311(b), the amounts payable pursuant to clause (i) shall be the amounts otherwise determined pursuant to such clause multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). (iii) A veteran may not receive— (I) more than 12 months of educational assistance under this subsection; and (II) a total amount of educational assistance under this subsection that is more than $15,000. . (3) Payments Section 3313(g)(4)(C) of such title is amended by adding at the end the following: (iii) Payment for the amount payable under paragraph (3)(E) for pursuit of a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be paid to the individual upon the Secretary receiving a certification of enrollment with respect to the individual made by such establishment. . |
113-hr-180-eh-dtd | 113-hr-180 | 113 | hr | 180 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr180eh.xml | BILLS-113hr180eh.xml | 2023-01-08 17:22:13.131 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 180 EH: National Blue Alert Act of 2013
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U.S. House of Representatives
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
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<session>
1st Session
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<legis-num>
H. R. 180
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<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
</official-title>
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<section id="H695A73A24B124752889824108B1B9BCD" section-type="section-one">
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1.
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<header>
Short title
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<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Blue Alert Act of 2013
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.
</text>
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<enum>
2.
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<header>
Definitions
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<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H4E60192A6BE04A57AC3575BC9FDB1C6E">
<enum>
(1)
</enum>
<header>
Coordinator
</header>
<text>
The term
<term>
Coordinator
</term>
means the Blue Alert Coordinator of the Department of Justice designated under section 4(a).
</text>
</paragraph>
<paragraph id="H5B4B0BD4299E407CAD9B89081846FC5B">
<enum>
(2)
</enum>
<header>
Blue alert
</header>
<text>
The term
<term>
Blue Alert
</term>
means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network.
</text>
</paragraph>
<paragraph id="H364EABC3D37B42688CDA357482DFE2C6">
<enum>
(3)
</enum>
<header>
Blue alert plan
</header>
<text>
The term
<term>
Blue Alert plan
</term>
means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
</text>
</paragraph>
<paragraph id="H15453D2CD3274AD68A11FF2DCDF24C11">
<enum>
(4)
</enum>
<header>
Law enforcement officer
</header>
<text>
The term
<term>
law enforcement officer
</term>
shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3796b">
42 U.S.C. 3796b
</external-xref>
).
</text>
</paragraph>
<paragraph id="HD3A71FF5382748F7971A99E9F6841568">
<enum>
(5)
</enum>
<header>
Network
</header>
<text>
The term
<term>
network
</term>
means the Blue Alert communications network established by the Attorney General under section 3.
</text>
</paragraph>
<paragraph id="HD360EA1E1EF64CCA80F5B4D76A0E0A3C">
<enum>
(6)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
</text>
</paragraph>
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<section id="HA268E728570B4ED2B311D22C2202A527">
<enum>
3.
</enum>
<header>
Blue alert communications network
</header>
<text display-inline="no-display-inline">
The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
</text>
</section>
<section id="H48832131E22D4631BD7809221ACBC9AE">
<enum>
4.
</enum>
<header>
Blue alert coordinator; guidelines
</header>
<subsection id="H50A6F5782ED149DDBAF775C5AFD5E530">
<enum>
(a)
</enum>
<header>
Coordination within department of justice
</header>
<text>
The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.
</text>
</subsection>
<subsection id="H7D98F36C4FB74D9784B9B65E51260717">
<enum>
(b)
</enum>
<header>
Duties of the coordinator
</header>
<text>
The Coordinator shall—
</text>
<paragraph id="HE064E0368A23447D8B5AD888D5FF05D5">
<enum>
(1)
</enum>
<text>
provide assistance to States and units of local government that are using Blue Alert plans;
</text>
</paragraph>
<paragraph id="H9FEB7741E5FE4C89A403AA9B3502DFB6">
<enum>
(2)
</enum>
<text>
establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—
</text>
<subparagraph id="H2BDCB56AF2A94DB0A6903441F7AD9B8E">
<enum>
(A)
</enum>
<text>
a list of the resources necessary to establish a Blue Alert plan;
</text>
</subparagraph>
<subparagraph id="H67EE6AAE76C6402D85E7B464F89C09B6">
<enum>
(B)
</enum>
<text>
criteria for evaluating whether a situation warrants issuing a Blue Alert;
</text>
</subparagraph>
<subparagraph id="HCEAEBF7CC02E4890822764BDF0511281">
<enum>
(C)
</enum>
<text>
guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;
</text>
</subparagraph>
<subparagraph id="HCAC8018BA29443DBA59A485779450467">
<enum>
(D)
</enum>
<text>
guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—
</text>
<clause id="HA5843F7D1CD84AB88F34E14E5483C13C">
<enum>
(i)
</enum>
<text>
the law enforcement agency involved—
</text>
<subclause id="H40E91F66E7CF4910A61F567D4BD94EDF">
<enum>
(I)
</enum>
<text>
confirms—
</text>
<item id="HB8F8D46D407C45CCA50EBAF1D25ABB5F">
<enum>
(aa)
</enum>
<text>
the death or serious injury of the law enforcement officer; or
</text>
</item>
<item id="HFC05992170CF4927AD778684EC0361E1">
<enum>
(bb)
</enum>
<text>
the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or
</text>
</item>
</subclause>
<subclause id="H9DD6306FC3E045EDB0523D98AAD06191">
<enum>
(II)
</enum>
<text>
concludes that the law enforcement officer is missing in the line of duty;
</text>
</subclause>
</clause>
<clause id="H2499DC0D20EC4EE4A01EC1A8D8611D09">
<enum>
(ii)
</enum>
<text>
there is an indication of serious injury to or death of the law enforcement officer;
</text>
</clause>
<clause id="HFF3F4735743F4FD9A86B8F01DD717BD4">
<enum>
(iii)
</enum>
<text>
the suspect involved has not been apprehended; and
</text>
</clause>
<clause id="H6BED02BCF34B4BD4A4AB1BB836E13A94">
<enum>
(iv)
</enum>
<text>
there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
</text>
</clause>
</subparagraph>
<subparagraph id="H4AEAF9070B8B44CE8CBA0A235DD12873">
<enum>
(E)
</enum>
<text>
guidelines—
</text>
<clause id="HE84B42359A69418C9B9E3C079BADCAEF">
<enum>
(i)
</enum>
<text>
that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under
<external-xref legal-doc="usc" parsable-cite="usc/28/534">
section 534
</external-xref>
of title 28, United States Code, and any relevant crime information repository of the State involved;
</text>
</clause>
<clause id="H7A5CF2DA8DF647C489DF692F5AE6F11A">
<enum>
(ii)
</enum>
<text>
that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
</text>
</clause>
<clause id="HD5FA3554310D4B41996050AD3AEC62B6">
<enum>
(iii)
</enum>
<text>
for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
</text>
</clause>
<clause id="H88E0FADAC82842818FEF996BBCD5E732">
<enum>
(iv)
</enum>
<text>
providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and
</text>
</clause>
</subparagraph>
<subparagraph id="HCAD736F9B07B487786F2FCAEE03D901F">
<enum>
(F)
</enum>
<text>
guidelines for—
</text>
<clause id="H9B9685C5D51C48D79587CBAA5652BA64">
<enum>
(i)
</enum>
<text>
the issuance of Blue Alerts through the network; and
</text>
</clause>
<clause id="H1936AB18D0EE4E1EB632B86202CC5B59">
<enum>
(ii)
</enum>
<text>
the extent of the dissemination of alerts issued through the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7CDB566FCCEA4F90A79902E3AA6E936A">
<enum>
(3)
</enum>
<text>
develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating—
</text>
<subparagraph id="HE009CCB877EE463EAB5715BFA7DFE995">
<enum>
(A)
</enum>
<text>
the use of public safety communications;
</text>
</subparagraph>
<subparagraph id="HAA276002E6D74EAFA531601FF954C001">
<enum>
(B)
</enum>
<text>
command center operations; and
</text>
</subparagraph>
<subparagraph id="H34E7FE0D534E473F9E112C076B76BCA1">
<enum>
(C)
</enum>
<text>
incident review, evaluation, debriefing, and public information procedures;
</text>
</subparagraph>
</paragraph>
<paragraph id="H246B88A32E2C491FAFC49495089A27A0">
<enum>
(4)
</enum>
<text>
work with States to ensure appropriate regional coordination of various elements of the network;
</text>
</paragraph>
<paragraph id="H5195F2821F8A40E0ACFF14891969D117">
<enum>
(5)
</enum>
<text>
establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—
</text>
<subparagraph id="HCBCDA93D81334993824E549C5E78C2BC">
<enum>
(A)
</enum>
<text>
to the maximum extent practicable, representation from the various geographic regions of the United States; and
</text>
</subparagraph>
<subparagraph id="H53F0FF4473534678B3055BF8FF079414">
<enum>
(B)
</enum>
<text>
members who are—
</text>
<clause id="HD97D87D4D0964257995D5D34D63C579E">
<enum>
(i)
</enum>
<text>
representatives of a law enforcement organization representing rank-and-file officers;
</text>
</clause>
<clause id="HAE704EA94EFD4260983EC99ABC09E697">
<enum>
(ii)
</enum>
<text>
representatives of other law enforcement agencies and public safety communications;
</text>
</clause>
<clause id="HE8F4A5B105174620880D00D5885CE026">
<enum>
(iii)
</enum>
<text>
broadcasters, first responders, dispatchers, and radio station personnel; and
</text>
</clause>
<clause id="H3FF08458551046CFA059C80F46AF16E0">
<enum>
(iv)
</enum>
<text>
representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H4DA3282D14464D729DB6C205415F71A1">
<enum>
(6)
</enum>
<text>
act as the nationwide point of contact for—
</text>
<subparagraph id="HAF2E11AF908B4EAAB0EDD0DBA51BE238">
<enum>
(A)
</enum>
<text>
the development of the network; and
</text>
</subparagraph>
<subparagraph id="H21E92528B25048A3956CB82EB4C09CB9">
<enum>
(B)
</enum>
<text>
regional coordination of Blue Alerts through the network; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H11BFB765E91A48788DB08BC00CEF73D9">
<enum>
(7)
</enum>
<text>
determine—
</text>
<subparagraph id="H7A38DB84627648F7898CBED3BE730832">
<enum>
(A)
</enum>
<text>
what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and
</text>
</subparagraph>
<subparagraph id="HDACEE1B04FAD41689E5108B987C6BDBE">
<enum>
(B)
</enum>
<text>
which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H512310B4CB074873B7DBDB687B792C04">
<enum>
(c)
</enum>
<header>
Limitations
</header>
<paragraph id="H39C4AD6AA871473FB1B0A08C3523BF85">
<enum>
(1)
</enum>
<header>
Voluntary participation
</header>
<text>
The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory.
</text>
</paragraph>
<paragraph id="H7359DA45BBF241188332159F4D0D06A4">
<enum>
(2)
</enum>
<header>
Dissemination of information
</header>
<text>
The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
</text>
</paragraph>
<paragraph id="HDA7CECC622F2418CAA933A5396513D0D">
<enum>
(3)
</enum>
<header>
Privacy and civil liberties protections
</header>
<text>
The guidelines established under subsection (b) shall—
</text>
<subparagraph id="H9009C56128B045A6B10E4AF563D89AFC">
<enum>
(A)
</enum>
<text>
provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
</text>
</subparagraph>
<subparagraph id="H8757031D04E84C93930FED3B6DB121FD">
<enum>
(B)
</enum>
<text>
include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9F658383B4C1426D8EB4D16B48BD909C">
<enum>
(d)
</enum>
<header>
Cooperation with other agencies
</header>
<text>
The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act.
</text>
</subsection>
<subsection id="H200B2E2DD1CB4CA0B07D082056723E03">
<enum>
(e)
</enum>
<header>
Restrictions on coordinator
</header>
<text>
The Coordinator may not—
</text>
<paragraph id="HE8E6C180DE964459B127DCB0D58AF5EB">
<enum>
(1)
</enum>
<text>
perform any official travel for the sole purpose of carrying out the duties of the Coordinator;
</text>
</paragraph>
<paragraph id="HCE3B3780F91A4027BF8AA0FDCA92BA5C">
<enum>
(2)
</enum>
<text>
lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
</text>
</paragraph>
<paragraph id="H66EC8611CCBB4876B313E7989FEA1F2E">
<enum>
(3)
</enum>
<text>
host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.
</text>
</paragraph>
</subsection>
<subsection id="HA54780CFDE6B44CF94A7C922BCA19E1F">
<enum>
(f)
</enum>
<header>
Reports
</header>
<text>
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
</text>
</subsection>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130514">
Passed the House of Representatives May 14, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 180 IN THE HOUSE OF REPRESENTATIVES AN ACT To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
1. Short title This Act may be cited as the National Blue Alert Act of 2013 . 2. Definitions In this Act: (1) Coordinator The term Coordinator means the Blue Alert Coordinator of the Department of Justice designated under section 4(a). (2) Blue alert The term Blue Alert means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) Blue alert plan The term Blue Alert plan means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) Law enforcement officer The term law enforcement officer shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b ). (5) Network The term network means the Blue Alert communications network established by the Attorney General under section 3. (6) State The term State means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Blue alert communications network The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. 4. Blue alert coordinator; guidelines (a) Coordination within department of justice The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the coordinator The Coordinator shall— (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including— (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if— (i) the law enforcement agency involved— (I) confirms— (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines— (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for— (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating— (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include— (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are— (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for— (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine— (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations (1) Voluntary participation The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections The guidelines established under subsection (b) shall— (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation with other agencies The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Restrictions on coordinator The Coordinator may not— (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
Passed the House of Representatives May 14, 2013. Karen L. Haas, Clerk. |
113-hr-180-ih-dtd | 113-hr-180 | 113 | hr | 180 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr180ih.xml | BILLS-113hr180ih.xml | 2023-01-08 17:42:45.889 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H35EDC6705DF248ED920429AFC3B675CD" public-private="public">
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<dc:title>
113 HR 180 IH: National Blue Alert Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
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text/xml
</dc:format>
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EN
</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 180
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000569">
Mr. Grimm
</sponsor>
(for
himself,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
,
<cosponsor name-id="R000578">
Mr. Reichert
</cosponsor>
, and
<cosponsor name-id="P000596">
Mr. Pierluisi
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To encourage, enhance, and integrate Blue Alert plans
throughout the United States in order to disseminate information when a law
enforcement officer is seriously injured or killed in the line of
duty.
</official-title>
</form>
<legis-body id="H473F3BAA481E4D7982DB2D6C9C71028F" style="OLC">
<section id="H3AFE1D7E06A94DDB86AEFCDBEAA92C76" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Blue Alert Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HFDDCF1242C874C14892A735579329FF1">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H6F58DC0364DB412991EC03E50DE1E974">
<enum>
(1)
</enum>
<header>
Coordinator
</header>
<text>
The
term
<term>
Coordinator
</term>
means the Blue Alert Coordinator of the
Department of Justice designated under section 4(a).
</text>
</paragraph>
<paragraph id="HD33FE808B9484758AFD3B88C9B7457CB">
<enum>
(2)
</enum>
<header>
Blue
alert
</header>
<text>
The term
<term>
Blue Alert
</term>
means information relating
to the serious injury or death of a law enforcement officer in the line of duty
sent through the network.
</text>
</paragraph>
<paragraph id="H143CA0D7A64A467B8E1D7155758CFB6B">
<enum>
(3)
</enum>
<header>
Blue alert
plan
</header>
<text>
The term
<term>
Blue Alert plan
</term>
means the plan of a
State, unit of local government, or Federal agency participating in the network
for the dissemination of information received as a Blue Alert.
</text>
</paragraph>
<paragraph id="HC39BD27F917547AAB0C7DC2D21423DCD">
<enum>
(4)
</enum>
<header>
Law enforcement
officer
</header>
<text>
The term
<term>
law enforcement officer
</term>
shall have
the same meaning as in section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3796b">
42 U.S.C. 3796b(6)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H4C1E2FF019E846BCB609F6CCA91337C9">
<enum>
(5)
</enum>
<header>
Network
</header>
<text>
The
term
<term>
network
</term>
means the Blue Alert communications network
established by the Attorney General under section 3.
</text>
</paragraph>
<paragraph id="HE2CC3BF796FD4E7AA51207FB39EBDC28">
<enum>
(6)
</enum>
<header>
State
</header>
<text>
The
term
<term>
State
</term>
means each of the 50 States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
</text>
</paragraph>
</section>
<section id="HCC79EE1697334BC7A9C3099A33A7E1E9">
<enum>
3.
</enum>
<header>
Blue alert
communications network
</header>
<text display-inline="no-display-inline">
The
Attorney General shall establish a national Blue Alert communications network
within the Department of Justice to issue Blue Alerts through the initiation,
facilitation, and promotion of Blue Alert plans, in coordination with States,
units of local government, law enforcement agencies, and other appropriate
entities.
</text>
</section>
<section id="HFCB16592AF9D4303B42F0457B6824FBF">
<enum>
4.
</enum>
<header>
Blue alert
coordinator; guidelines
</header>
<subsection id="HD88845ABF0D04FE5BF19B036434BBA36">
<enum>
(a)
</enum>
<header>
Coordination
within department of justice
</header>
<text>
The Attorney General shall assign an
existing officer of the Department of Justice to act as the national
coordinator of the Blue Alert communications network.
</text>
</subsection>
<subsection id="H87F553EC119D45D3863EE453AC006CD0">
<enum>
(b)
</enum>
<header>
Duties of the
coordinator
</header>
<text>
The Coordinator shall—
</text>
<paragraph id="H414E587905F14783A829A8E0BF226AEF">
<enum>
(1)
</enum>
<text>
provide assistance
to States and units of local government that are using Blue Alert plans;
</text>
</paragraph>
<paragraph id="HAEAB0C2F34DC42CB885950B38787E4A8">
<enum>
(2)
</enum>
<text>
establish
voluntary guidelines for States and units of local government to use in
developing Blue Alert plans that will promote compatible and integrated Blue
Alert plans throughout the United States, including—
</text>
<subparagraph id="H851D57FD919F45D0BBD08037E3003792">
<enum>
(A)
</enum>
<text>
a list of the
resources necessary to establish a Blue Alert plan;
</text>
</subparagraph>
<subparagraph id="HBA0E05B460AD449B9CF59B4871934473">
<enum>
(B)
</enum>
<text>
criteria for
evaluating whether a situation warrants issuing a Blue Alert;
</text>
</subparagraph>
<subparagraph id="H118229D20A354FA48D20C022CC550CF7">
<enum>
(C)
</enum>
<text>
guidelines to
protect the privacy, dignity, independence, and autonomy of any law enforcement
officer who may be the subject of a Blue Alert and the family of the law
enforcement officer;
</text>
</subparagraph>
<subparagraph id="H20681F781E36422A821A1FF22D2FF9AD">
<enum>
(D)
</enum>
<text>
guidelines that a
Blue Alert should only be issued with respect to a law enforcement officer
if—
</text>
<clause id="HFCA1825889E644B2A544990086F392D0">
<enum>
(i)
</enum>
<text>
the
law enforcement agency involved—
</text>
<subclause id="H7F65A63BA1314695B291C9C539CF6DBF">
<enum>
(I)
</enum>
<text>
confirms—
</text>
<item id="HBF547D34B24C4E708777957A7F8FE6DD">
<enum>
(aa)
</enum>
<text>
the
death or serious injury of the law enforcement officer; or
</text>
</item>
<item id="H3857FC2AAEEA4F94809450CE97915064">
<enum>
(bb)
</enum>
<text>
the
attack on the law enforcement officer and that there is an indication of the
death or serious injury of the officer; or
</text>
</item>
</subclause>
<subclause id="H35BA8669300A4B37B662E69C04F92419">
<enum>
(II)
</enum>
<text>
concludes that
the law enforcement officer is missing in the line of duty;
</text>
</subclause>
</clause>
<clause id="HEDFFB139700E49C58BF98FA7B9C3B990">
<enum>
(ii)
</enum>
<text>
there is an
indication of serious injury to or death of the law enforcement officer;
</text>
</clause>
<clause id="HA971723804AD46D9B28D886F12506FCE">
<enum>
(iii)
</enum>
<text>
the suspect
involved has not been apprehended; and
</text>
</clause>
<clause id="H29F1EAEC7681444C8AF531361D10BAA9">
<enum>
(iv)
</enum>
<text>
there is
sufficient descriptive information of the suspect involved and any relevant
vehicle and tag numbers;
</text>
</clause>
</subparagraph>
<subparagraph id="HDF7AB5DBC251439D89F1A2A868E5D029">
<enum>
(E)
</enum>
<text>
guidelines—
</text>
<clause id="H6F8F24FC954244B8BAE935BE7DA353A4">
<enum>
(i)
</enum>
<text>
that
information relating to a law enforcement officer who is seriously injured or
killed in the line of duty should be provided to the National Crime Information
Center database operated by the Federal Bureau of Investigation under section
534 of title 28, United States Code, and any relevant crime information
repository of the State involved;
</text>
</clause>
<clause id="HAB3F41BC28E7430E9653C21B8973701B">
<enum>
(ii)
</enum>
<text>
that a Blue Alert
should, to the maximum extent practicable (as determined by the Coordinator in
consultation with law enforcement agencies of States and units of local
governments), be limited to the geographic areas most likely to facilitate the
apprehension of the suspect involved or which the suspect could reasonably
reach, which should not be limited to State lines;
</text>
</clause>
<clause id="H0C02C23CC5DE4D2A87E31D2E455C77DF">
<enum>
(iii)
</enum>
<text>
for law
enforcement agencies of States or units of local government to develop plans to
communicate information to neighboring States to provide for seamless
communication of a Blue Alert; and
</text>
</clause>
<clause id="H0D91456CD52C47988B73231CEC1F90DE">
<enum>
(iv)
</enum>
<text>
providing that a
Blue Alert should be suspended when the suspect involved is apprehended or when
the law enforcement agency involved determines that the Blue Alert is no longer
effective; and
</text>
</clause>
</subparagraph>
<subparagraph id="H8F2B9C6148C543E6A22D692A24C5198E">
<enum>
(F)
</enum>
<text>
guidelines
for—
</text>
<clause id="H343FB19BCD294AACB928B4C03A8E8389">
<enum>
(i)
</enum>
<text>
the
issuance of Blue Alerts through the network; and
</text>
</clause>
<clause id="H6E210EE6AB2144908139F0712261B757">
<enum>
(ii)
</enum>
<text>
the
extent of the dissemination of alerts issued through the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6B3634024C5240B3B65A2A3222EC322B">
<enum>
(3)
</enum>
<text>
develop protocols
for efforts to apprehend suspects that address activities during the period
beginning at the time of the initial notification of a law enforcement agency
that a suspect has not been apprehended and ending at the time of apprehension
of a suspect or when the law enforcement agency involved determines that the
Blue Alert is no longer effective, including protocols regulating—
</text>
<subparagraph id="H068D508C7C014344828B32B80B6FF8E7">
<enum>
(A)
</enum>
<text>
the use of public
safety communications;
</text>
</subparagraph>
<subparagraph id="H3550571BC0F74FD1A12666CF466605BF">
<enum>
(B)
</enum>
<text>
command center
operations; and
</text>
</subparagraph>
<subparagraph id="HCED3D1DF03EE48D7A9309549D7CD3702">
<enum>
(C)
</enum>
<text>
incident review,
evaluation, debriefing, and public information procedures;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6226DFCCEFA54494BB77EAD73707771A">
<enum>
(4)
</enum>
<text>
work with States
to ensure appropriate regional coordination of various elements of the
network;
</text>
</paragraph>
<paragraph id="H5E7BEDAEECA24F0D863F94378EB9D82D">
<enum>
(5)
</enum>
<text>
establish an
advisory group to assist States, units of local government, law enforcement
agencies, and other entities involved in the network with initiating,
facilitating, and promoting Blue Alert plans, which shall include—
</text>
<subparagraph id="HF67612B88E8840A58342841EE1993DE7">
<enum>
(A)
</enum>
<text>
to the maximum
extent practicable, representation from the various geographic regions of the
United States; and
</text>
</subparagraph>
<subparagraph id="HF37D2323D8484A50A833D318143D72DC">
<enum>
(B)
</enum>
<text>
members who
are—
</text>
<clause id="H9B7FDF7EAC6D4F6592C5102B16E29F14">
<enum>
(i)
</enum>
<text>
representatives of
a law enforcement organization representing rank-and-file officers;
</text>
</clause>
<clause id="H6105A00B529B4773877123F325FD94C6">
<enum>
(ii)
</enum>
<text>
representatives
of other law enforcement agencies and public safety communications;
</text>
</clause>
<clause id="H3A61E9C5CA1E45F59E5FC1BD344EF6AC">
<enum>
(iii)
</enum>
<text>
broadcasters,
first responders, dispatchers, and radio station personnel; and
</text>
</clause>
<clause id="HC7062D3DAD91488383BC316A2C156E62">
<enum>
(iv)
</enum>
<text>
representatives
of any other individuals or organizations that the Coordinator determines are
necessary to the success of the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H06F8E8421C714723AE416BACE86FB653">
<enum>
(6)
</enum>
<text>
act as the
nationwide point of contact for—
</text>
<subparagraph id="H3DB425EFAB264F23A7C0E67A11C51D33">
<enum>
(A)
</enum>
<text>
the development of
the network; and
</text>
</subparagraph>
<subparagraph id="H8405724C8E4042249644B01F9AB9978C">
<enum>
(B)
</enum>
<text>
regional
coordination of Blue Alerts through the network; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HC7D985D2C6E846F3B4F2C3CFFCB55027">
<enum>
(7)
</enum>
<text>
determine—
</text>
<subparagraph id="H858C23395AEB40BDA56A7BF7ECFB1BD9">
<enum>
(A)
</enum>
<text>
what procedures
and practices are in use for notifying law enforcement and the public when a
law enforcement officer is killed or seriously injured in the line of duty;
and
</text>
</subparagraph>
<subparagraph id="H2C83F9DBC9674143B28FB41DF4EA4579">
<enum>
(B)
</enum>
<text>
which of the
procedures and practices are effective and that do not require the expenditure
of additional resources to implement.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFDCA3A94073A41AD91080A450D4AAED2">
<enum>
(c)
</enum>
<header>
Limitations
</header>
<paragraph id="HB6C757FD0F4141F2826AC97D656E43F0">
<enum>
(1)
</enum>
<header>
Voluntary
participation
</header>
<text>
The guidelines established under subsection (b)(2),
protocols developed under subsection (b)(3), and other programs established
under subsection (b), shall not be mandatory.
</text>
</paragraph>
<paragraph id="HBF393F19578245F683772F9CBF62740F">
<enum>
(2)
</enum>
<header>
Dissemination of
information
</header>
<text>
The guidelines established under subsection (b)(2)
shall, to the maximum extent practicable (as determined by the Coordinator in
consultation with law enforcement agencies of States and units of local
government), provide that appropriate information relating to a Blue Alert is
disseminated to the appropriate officials of law enforcement agencies, public
health agencies, and other agencies.
</text>
</paragraph>
<paragraph id="H4F7529FBADE2443A888EFB69101F73C0">
<enum>
(3)
</enum>
<header>
Privacy and
civil liberties protections
</header>
<text>
The guidelines established under
subsection (b) shall—
</text>
<subparagraph id="HE2B1D58EC9554A2AABC000E79ACD6EF1">
<enum>
(A)
</enum>
<text>
provide mechanisms
that ensure that Blue Alerts comply with all applicable Federal, State, and
local privacy laws and regulations; and
</text>
</subparagraph>
<subparagraph id="H4DFF76DC268A4903BCD4331B3CF7AD17">
<enum>
(B)
</enum>
<text>
include standards
that specifically provide for the protection of the civil liberties, including
the privacy, of law enforcement officers who are seriously injured or killed in
the line of duty and the families of the officers.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HD12FE57104BE4FA0A7912814F31D1BCC">
<enum>
(d)
</enum>
<header>
Cooperation with
other agencies
</header>
<text>
The Coordinator shall cooperate with the Secretary
of Homeland Security, the Secretary of Transportation, the Chairman of the
Federal Communications Commission, and appropriate offices of the Department of
Justice in carrying out activities under this Act.
</text>
</subsection>
<subsection id="H2B216DC654A44F9882197016385025E7">
<enum>
(e)
</enum>
<header>
Restrictions on
coordinator
</header>
<text>
The Coordinator may not—
</text>
<paragraph id="HC87F1231BF9144DFACBC1713D264602D">
<enum>
(1)
</enum>
<text>
perform any
official travel for the sole purpose of carrying out the duties of the
Coordinator;
</text>
</paragraph>
<paragraph id="H7BC0CCEDD4444A13B940C5836D17B064">
<enum>
(2)
</enum>
<text>
lobby any officer
of a State regarding the funding or implementation of a Blue Alert plan;
or
</text>
</paragraph>
<paragraph id="H6D5781D7C67A49EC85A91A2102FAFB2A">
<enum>
(3)
</enum>
<text>
host a conference
focused solely on the Blue Alert program that requires the expenditure of
Federal funds.
</text>
</paragraph>
</subsection>
<subsection id="H1E6DC5EF744548AFAC318CBB9987B188">
<enum>
(f)
</enum>
<header>
Reports
</header>
<text>
Not
later than 1 year after the date of enactment of this Act, and annually
thereafter, the Coordinator shall submit to Congress a report on the activities
of the Coordinator and the effectiveness and status of the Blue Alert plans
that are in effect or being developed.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 180 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself, Mr. Pascrell , Mr. Reichert , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
1. Short title This Act may be cited as the National Blue Alert Act of 2013 . 2. Definitions In this Act: (1) Coordinator The term Coordinator means the Blue Alert Coordinator of the Department of Justice designated under section 4(a). (2) Blue alert The term Blue Alert means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) Blue alert plan The term Blue Alert plan means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) Law enforcement officer The term law enforcement officer shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b(6) ). (5) Network The term network means the Blue Alert communications network established by the Attorney General under section 3. (6) State The term State means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Blue alert communications network The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. 4. Blue alert coordinator; guidelines (a) Coordination within department of justice The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the coordinator The Coordinator shall— (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including— (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if— (i) the law enforcement agency involved— (I) confirms— (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines— (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for— (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating— (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include— (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are— (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for— (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine— (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations (1) Voluntary participation The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections The guidelines established under subsection (b) shall— (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation with other agencies The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Restrictions on coordinator The Coordinator may not— (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed. |
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<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Placed-on-Calendar-Senate" bill-type="olc" dms-id="H35EDC6705DF248ED920429AFC3B675CD" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 180 PCS: National Blue Alert Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-05-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
II
</distribution-code>
<calendar>
Calendar No. 284
</calendar>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 180
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED STATES
</current-chamber>
<action>
<action-date date="20130515">
May 15, 2013
</action-date>
<action-desc>
Received
</action-desc>
</action>
<action>
<action-date>
December 20, 2013
</action-date>
<action-desc>
Read twice and placed on the calendar
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
</official-title>
</form>
<legis-body id="H473F3BAA481E4D7982DB2D6C9C71028F" style="OLC">
<section id="H695A73A24B124752889824108B1B9BCD" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Blue Alert Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H88929211A74D4A6DA1FA0F095EC8A8B7">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H4E60192A6BE04A57AC3575BC9FDB1C6E">
<enum>
(1)
</enum>
<header>
Coordinator
</header>
<text>
The term
<term>
Coordinator
</term>
means the Blue Alert Coordinator of the Department of Justice designated under section 4(a).
</text>
</paragraph>
<paragraph id="H5B4B0BD4299E407CAD9B89081846FC5B">
<enum>
(2)
</enum>
<header>
Blue alert
</header>
<text>
The term
<term>
Blue Alert
</term>
means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network.
</text>
</paragraph>
<paragraph id="H364EABC3D37B42688CDA357482DFE2C6">
<enum>
(3)
</enum>
<header>
Blue alert plan
</header>
<text>
The term
<term>
Blue Alert plan
</term>
means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
</text>
</paragraph>
<paragraph id="H15453D2CD3274AD68A11FF2DCDF24C11">
<enum>
(4)
</enum>
<header>
Law enforcement officer
</header>
<text>
The term
<term>
law enforcement officer
</term>
shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3796b">
42 U.S.C. 3796b
</external-xref>
).
</text>
</paragraph>
<paragraph id="HD3A71FF5382748F7971A99E9F6841568">
<enum>
(5)
</enum>
<header>
Network
</header>
<text>
The term
<term>
network
</term>
means the Blue Alert communications network established by the Attorney General under section 3.
</text>
</paragraph>
<paragraph id="HD360EA1E1EF64CCA80F5B4D76A0E0A3C">
<enum>
(6)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
</text>
</paragraph>
</section>
<section id="HA268E728570B4ED2B311D22C2202A527">
<enum>
3.
</enum>
<header>
Blue alert communications network
</header>
<text display-inline="no-display-inline">
The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
</text>
</section>
<section id="H48832131E22D4631BD7809221ACBC9AE">
<enum>
4.
</enum>
<header>
Blue alert coordinator; guidelines
</header>
<subsection id="H50A6F5782ED149DDBAF775C5AFD5E530">
<enum>
(a)
</enum>
<header>
Coordination within department of justice
</header>
<text>
The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.
</text>
</subsection>
<subsection id="H7D98F36C4FB74D9784B9B65E51260717">
<enum>
(b)
</enum>
<header>
Duties of the coordinator
</header>
<text>
The Coordinator shall—
</text>
<paragraph id="HE064E0368A23447D8B5AD888D5FF05D5">
<enum>
(1)
</enum>
<text>
provide assistance to States and units of local government that are using Blue Alert plans;
</text>
</paragraph>
<paragraph id="H9FEB7741E5FE4C89A403AA9B3502DFB6">
<enum>
(2)
</enum>
<text>
establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—
</text>
<subparagraph id="H2BDCB56AF2A94DB0A6903441F7AD9B8E">
<enum>
(A)
</enum>
<text>
a list of the resources necessary to establish a Blue Alert plan;
</text>
</subparagraph>
<subparagraph id="H67EE6AAE76C6402D85E7B464F89C09B6">
<enum>
(B)
</enum>
<text>
criteria for evaluating whether a situation warrants issuing a Blue Alert;
</text>
</subparagraph>
<subparagraph id="HCEAEBF7CC02E4890822764BDF0511281">
<enum>
(C)
</enum>
<text>
guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;
</text>
</subparagraph>
<subparagraph id="HCAC8018BA29443DBA59A485779450467">
<enum>
(D)
</enum>
<text>
guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—
</text>
<clause id="HA5843F7D1CD84AB88F34E14E5483C13C">
<enum>
(i)
</enum>
<text>
the law enforcement agency involved—
</text>
<subclause id="H40E91F66E7CF4910A61F567D4BD94EDF">
<enum>
(I)
</enum>
<text>
confirms—
</text>
<item id="HB8F8D46D407C45CCA50EBAF1D25ABB5F">
<enum>
(aa)
</enum>
<text>
the death or serious injury of the law enforcement officer; or
</text>
</item>
<item id="HFC05992170CF4927AD778684EC0361E1">
<enum>
(bb)
</enum>
<text>
the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or
</text>
</item>
</subclause>
<subclause id="H9DD6306FC3E045EDB0523D98AAD06191">
<enum>
(II)
</enum>
<text>
concludes that the law enforcement officer is missing in the line of duty;
</text>
</subclause>
</clause>
<clause id="H2499DC0D20EC4EE4A01EC1A8D8611D09">
<enum>
(ii)
</enum>
<text>
there is an indication of serious injury to or death of the law enforcement officer;
</text>
</clause>
<clause id="HFF3F4735743F4FD9A86B8F01DD717BD4">
<enum>
(iii)
</enum>
<text>
the suspect involved has not been apprehended; and
</text>
</clause>
<clause id="H6BED02BCF34B4BD4A4AB1BB836E13A94">
<enum>
(iv)
</enum>
<text>
there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
</text>
</clause>
</subparagraph>
<subparagraph id="H4AEAF9070B8B44CE8CBA0A235DD12873">
<enum>
(E)
</enum>
<text>
guidelines—
</text>
<clause id="HE84B42359A69418C9B9E3C079BADCAEF">
<enum>
(i)
</enum>
<text>
that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under
<external-xref legal-doc="usc" parsable-cite="usc/28/534">
section 534
</external-xref>
of title 28, United States Code, and any relevant crime information repository of the State involved;
</text>
</clause>
<clause id="H7A5CF2DA8DF647C489DF692F5AE6F11A">
<enum>
(ii)
</enum>
<text>
that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
</text>
</clause>
<clause id="HD5FA3554310D4B41996050AD3AEC62B6">
<enum>
(iii)
</enum>
<text>
for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
</text>
</clause>
<clause id="H88E0FADAC82842818FEF996BBCD5E732">
<enum>
(iv)
</enum>
<text>
providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and
</text>
</clause>
</subparagraph>
<subparagraph id="HCAD736F9B07B487786F2FCAEE03D901F">
<enum>
(F)
</enum>
<text>
guidelines for—
</text>
<clause id="H9B9685C5D51C48D79587CBAA5652BA64">
<enum>
(i)
</enum>
<text>
the issuance of Blue Alerts through the network; and
</text>
</clause>
<clause id="H1936AB18D0EE4E1EB632B86202CC5B59">
<enum>
(ii)
</enum>
<text>
the extent of the dissemination of alerts issued through the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7CDB566FCCEA4F90A79902E3AA6E936A">
<enum>
(3)
</enum>
<text>
develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating—
</text>
<subparagraph id="HE009CCB877EE463EAB5715BFA7DFE995">
<enum>
(A)
</enum>
<text>
the use of public safety communications;
</text>
</subparagraph>
<subparagraph id="HAA276002E6D74EAFA531601FF954C001">
<enum>
(B)
</enum>
<text>
command center operations; and
</text>
</subparagraph>
<subparagraph id="H34E7FE0D534E473F9E112C076B76BCA1">
<enum>
(C)
</enum>
<text>
incident review, evaluation, debriefing, and public information procedures;
</text>
</subparagraph>
</paragraph>
<paragraph id="H246B88A32E2C491FAFC49495089A27A0">
<enum>
(4)
</enum>
<text>
work with States to ensure appropriate regional coordination of various elements of the network;
</text>
</paragraph>
<paragraph id="H5195F2821F8A40E0ACFF14891969D117">
<enum>
(5)
</enum>
<text>
establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—
</text>
<subparagraph id="HCBCDA93D81334993824E549C5E78C2BC">
<enum>
(A)
</enum>
<text>
to the maximum extent practicable, representation from the various geographic regions of the United States; and
</text>
</subparagraph>
<subparagraph id="H53F0FF4473534678B3055BF8FF079414">
<enum>
(B)
</enum>
<text>
members who are—
</text>
<clause id="HD97D87D4D0964257995D5D34D63C579E">
<enum>
(i)
</enum>
<text>
representatives of a law enforcement organization representing rank-and-file officers;
</text>
</clause>
<clause id="HAE704EA94EFD4260983EC99ABC09E697">
<enum>
(ii)
</enum>
<text>
representatives of other law enforcement agencies and public safety communications;
</text>
</clause>
<clause id="HE8F4A5B105174620880D00D5885CE026">
<enum>
(iii)
</enum>
<text>
broadcasters, first responders, dispatchers, and radio station personnel; and
</text>
</clause>
<clause id="H3FF08458551046CFA059C80F46AF16E0">
<enum>
(iv)
</enum>
<text>
representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H4DA3282D14464D729DB6C205415F71A1">
<enum>
(6)
</enum>
<text>
act as the nationwide point of contact for—
</text>
<subparagraph id="HAF2E11AF908B4EAAB0EDD0DBA51BE238">
<enum>
(A)
</enum>
<text>
the development of the network; and
</text>
</subparagraph>
<subparagraph id="H21E92528B25048A3956CB82EB4C09CB9">
<enum>
(B)
</enum>
<text>
regional coordination of Blue Alerts through the network; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H11BFB765E91A48788DB08BC00CEF73D9">
<enum>
(7)
</enum>
<text>
determine—
</text>
<subparagraph id="H7A38DB84627648F7898CBED3BE730832">
<enum>
(A)
</enum>
<text>
what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and
</text>
</subparagraph>
<subparagraph id="HDACEE1B04FAD41689E5108B987C6BDBE">
<enum>
(B)
</enum>
<text>
which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H512310B4CB074873B7DBDB687B792C04">
<enum>
(c)
</enum>
<header>
Limitations
</header>
<paragraph id="H39C4AD6AA871473FB1B0A08C3523BF85">
<enum>
(1)
</enum>
<header>
Voluntary participation
</header>
<text>
The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory.
</text>
</paragraph>
<paragraph id="H7359DA45BBF241188332159F4D0D06A4">
<enum>
(2)
</enum>
<header>
Dissemination of information
</header>
<text>
The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
</text>
</paragraph>
<paragraph id="HDA7CECC622F2418CAA933A5396513D0D">
<enum>
(3)
</enum>
<header>
Privacy and civil liberties protections
</header>
<text>
The guidelines established under subsection (b) shall—
</text>
<subparagraph id="H9009C56128B045A6B10E4AF563D89AFC">
<enum>
(A)
</enum>
<text>
provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
</text>
</subparagraph>
<subparagraph id="H8757031D04E84C93930FED3B6DB121FD">
<enum>
(B)
</enum>
<text>
include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9F658383B4C1426D8EB4D16B48BD909C">
<enum>
(d)
</enum>
<header>
Cooperation with other agencies
</header>
<text>
The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act.
</text>
</subsection>
<subsection id="H200B2E2DD1CB4CA0B07D082056723E03">
<enum>
(e)
</enum>
<header>
Restrictions on coordinator
</header>
<text>
The Coordinator may not—
</text>
<paragraph id="HE8E6C180DE964459B127DCB0D58AF5EB">
<enum>
(1)
</enum>
<text>
perform any official travel for the sole purpose of carrying out the duties of the Coordinator;
</text>
</paragraph>
<paragraph id="HCE3B3780F91A4027BF8AA0FDCA92BA5C">
<enum>
(2)
</enum>
<text>
lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
</text>
</paragraph>
<paragraph id="H66EC8611CCBB4876B313E7989FEA1F2E">
<enum>
(3)
</enum>
<text>
host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.
</text>
</paragraph>
</subsection>
<subsection id="HA54780CFDE6B44CF94A7C922BCA19E1F">
<enum>
(f)
</enum>
<header>
Reports
</header>
<text>
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
</text>
</subsection>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130514">
Passed the House of Representatives May 14, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
<endorsement display="yes">
<action-date>
December 20, 2013
</action-date>
<action-desc>
Read twice and placed on the calendar
</action-desc>
</endorsement>
</bill>
| II Calendar No. 284 113th CONGRESS 1st Session H. R. 180 IN THE SENATE OF THE UNITED STATES May 15, 2013 Received December 20, 2013 Read twice and placed on the calendar AN ACT To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
1. Short title This Act may be cited as the National Blue Alert Act of 2013 . 2. Definitions In this Act: (1) Coordinator The term Coordinator means the Blue Alert Coordinator of the Department of Justice designated under section 4(a). (2) Blue alert The term Blue Alert means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) Blue alert plan The term Blue Alert plan means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) Law enforcement officer The term law enforcement officer shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b ). (5) Network The term network means the Blue Alert communications network established by the Attorney General under section 3. (6) State The term State means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Blue alert communications network The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. 4. Blue alert coordinator; guidelines (a) Coordination within department of justice The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the coordinator The Coordinator shall— (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including— (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if— (i) the law enforcement agency involved— (I) confirms— (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines— (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for— (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating— (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include— (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are— (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for— (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine— (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations (1) Voluntary participation The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections The guidelines established under subsection (b) shall— (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation with other agencies The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Restrictions on coordinator The Coordinator may not— (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
Passed the House of Representatives May 14, 2013. Karen L. Haas, Clerk
December 20, 2013 Read twice and placed on the calendar |
113-hr-180-rh-dtd | 113-hr-180 | 113 | hr | 180 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr180rh.xml | BILLS-113hr180rh.xml | 2023-01-08 17:22:13.024 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 180 RH: National Blue Alert Act of 2013
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U.S. House of Representatives
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2013-05-14
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text/xml
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EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
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IB
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<calendar display="yes">
Union Calendar No. 32
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<congress display="yes">
113th CONGRESS
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<session display="yes">
1st Session
</session>
<legis-num>
H. R. 180
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–54]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000569">
Mr. Grimm
</sponsor>
(for himself,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
,
<cosponsor name-id="R000578">
Mr. Reichert
</cosponsor>
, and
<cosponsor name-id="P000596">
Mr. Pierluisi
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the Judiciary
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20130514">
May 14, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="L000554">
Mr. LoBiondo
</cosponsor>
,
<cosponsor name-id="C000754">
Mr. Cooper
</cosponsor>
,
<cosponsor name-id="A000210">
Mr. Andrews
</cosponsor>
,
<cosponsor name-id="K000210">
Mr. King of New York
</cosponsor>
,
<cosponsor name-id="J000292">
Mr. Johnson of Ohio
</cosponsor>
,
<cosponsor name-id="D000533">
Mr. Duncan of Tennessee
</cosponsor>
,
<cosponsor name-id="M001171">
Mr. Maffei
</cosponsor>
,
<cosponsor name-id="R000053">
Mr. Rangel
</cosponsor>
,
<cosponsor name-id="G000571">
Ms. Gabbard
</cosponsor>
,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
, and
<cosponsor name-id="P000592">
Mr. Poe of Texas
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130514">
May 14, 2013
</action-date>
<action-desc>
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
<pagebreak/>
</official-title>
</form>
<legis-body id="H473F3BAA481E4D7982DB2D6C9C71028F" style="OLC">
<section id="H3AFE1D7E06A94DDB86AEFCDBEAA92C76" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Blue Alert Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HFDDCF1242C874C14892A735579329FF1">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H6F58DC0364DB412991EC03E50DE1E974">
<enum>
(1)
</enum>
<header>
Coordinator
</header>
<text>
The term
<term>
Coordinator
</term>
means the Blue Alert Coordinator of the Department of Justice designated under section 4(a).
</text>
</paragraph>
<paragraph id="HD33FE808B9484758AFD3B88C9B7457CB">
<enum>
(2)
</enum>
<header>
Blue alert
</header>
<text>
The term
<term>
Blue Alert
</term>
means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network.
</text>
</paragraph>
<paragraph id="H143CA0D7A64A467B8E1D7155758CFB6B">
<enum>
(3)
</enum>
<header>
Blue alert plan
</header>
<text>
The term
<term>
Blue Alert plan
</term>
means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
</text>
</paragraph>
<paragraph id="HC39BD27F917547AAB0C7DC2D21423DCD">
<enum>
(4)
</enum>
<header>
Law enforcement officer
</header>
<text>
The term
<term>
law enforcement officer
</term>
shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3796b">
42 U.S.C. 3796b(6)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H4C1E2FF019E846BCB609F6CCA91337C9">
<enum>
(5)
</enum>
<header>
Network
</header>
<text>
The term
<term>
network
</term>
means the Blue Alert communications network established by the Attorney General under section 3.
</text>
</paragraph>
<paragraph id="HE2CC3BF796FD4E7AA51207FB39EBDC28">
<enum>
(6)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
</text>
</paragraph>
</section>
<section id="HCC79EE1697334BC7A9C3099A33A7E1E9">
<enum>
3.
</enum>
<header>
Blue alert communications network
</header>
<text display-inline="no-display-inline">
The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
</text>
</section>
<section id="HFCB16592AF9D4303B42F0457B6824FBF">
<enum>
4.
</enum>
<header>
Blue alert coordinator; guidelines
</header>
<subsection id="HD88845ABF0D04FE5BF19B036434BBA36">
<enum>
(a)
</enum>
<header>
Coordination within department of justice
</header>
<text>
The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.
</text>
</subsection>
<subsection id="H87F553EC119D45D3863EE453AC006CD0">
<enum>
(b)
</enum>
<header>
Duties of the coordinator
</header>
<text>
The Coordinator shall—
</text>
<paragraph id="H414E587905F14783A829A8E0BF226AEF">
<enum>
(1)
</enum>
<text>
provide assistance to States and units of local government that are using Blue Alert plans;
</text>
</paragraph>
<paragraph id="HAEAB0C2F34DC42CB885950B38787E4A8">
<enum>
(2)
</enum>
<text>
establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—
</text>
<subparagraph id="H851D57FD919F45D0BBD08037E3003792">
<enum>
(A)
</enum>
<text>
a list of the resources necessary to establish a Blue Alert plan;
</text>
</subparagraph>
<subparagraph id="HBA0E05B460AD449B9CF59B4871934473">
<enum>
(B)
</enum>
<text>
criteria for evaluating whether a situation warrants issuing a Blue Alert;
</text>
</subparagraph>
<subparagraph id="H118229D20A354FA48D20C022CC550CF7">
<enum>
(C)
</enum>
<text>
guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;
</text>
</subparagraph>
<subparagraph id="H20681F781E36422A821A1FF22D2FF9AD">
<enum>
(D)
</enum>
<text>
guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—
</text>
<clause id="HFCA1825889E644B2A544990086F392D0">
<enum>
(i)
</enum>
<text>
the law enforcement agency involved—
</text>
<subclause id="H7F65A63BA1314695B291C9C539CF6DBF">
<enum>
(I)
</enum>
<text>
confirms—
</text>
<item id="HBF547D34B24C4E708777957A7F8FE6DD">
<enum>
(aa)
</enum>
<text>
the death or serious injury of the law enforcement officer; or
</text>
</item>
<item id="H3857FC2AAEEA4F94809450CE97915064">
<enum>
(bb)
</enum>
<text>
the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or
</text>
</item>
</subclause>
<subclause id="H35BA8669300A4B37B662E69C04F92419">
<enum>
(II)
</enum>
<text>
concludes that the law enforcement officer is missing in the line of duty;
</text>
</subclause>
</clause>
<clause id="HEDFFB139700E49C58BF98FA7B9C3B990">
<enum>
(ii)
</enum>
<text>
there is an indication of serious injury to or death of the law enforcement officer;
</text>
</clause>
<clause id="HA971723804AD46D9B28D886F12506FCE">
<enum>
(iii)
</enum>
<text>
the suspect involved has not been apprehended; and
</text>
</clause>
<clause id="H29F1EAEC7681444C8AF531361D10BAA9">
<enum>
(iv)
</enum>
<text>
there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
</text>
</clause>
</subparagraph>
<subparagraph id="HDF7AB5DBC251439D89F1A2A868E5D029">
<enum>
(E)
</enum>
<text>
guidelines—
</text>
<clause id="H6F8F24FC954244B8BAE935BE7DA353A4">
<enum>
(i)
</enum>
<text>
that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under
<external-xref legal-doc="usc" parsable-cite="usc/28/534">
section 534
</external-xref>
of title 28, United States Code, and any relevant crime information repository of the State involved;
</text>
</clause>
<clause id="HAB3F41BC28E7430E9653C21B8973701B">
<enum>
(ii)
</enum>
<text>
that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
</text>
</clause>
<clause id="H0C02C23CC5DE4D2A87E31D2E455C77DF">
<enum>
(iii)
</enum>
<text>
for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
</text>
</clause>
<clause id="H0D91456CD52C47988B73231CEC1F90DE">
<enum>
(iv)
</enum>
<text>
providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and
</text>
</clause>
</subparagraph>
<subparagraph id="H8F2B9C6148C543E6A22D692A24C5198E">
<enum>
(F)
</enum>
<text>
guidelines for—
</text>
<clause id="H343FB19BCD294AACB928B4C03A8E8389">
<enum>
(i)
</enum>
<text>
the issuance of Blue Alerts through the network; and
</text>
</clause>
<clause id="H6E210EE6AB2144908139F0712261B757">
<enum>
(ii)
</enum>
<text>
the extent of the dissemination of alerts issued through the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6B3634024C5240B3B65A2A3222EC322B">
<enum>
(3)
</enum>
<text>
develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating—
</text>
<subparagraph id="H068D508C7C014344828B32B80B6FF8E7">
<enum>
(A)
</enum>
<text>
the use of public safety communications;
</text>
</subparagraph>
<subparagraph id="H3550571BC0F74FD1A12666CF466605BF">
<enum>
(B)
</enum>
<text>
command center operations; and
</text>
</subparagraph>
<subparagraph id="HCED3D1DF03EE48D7A9309549D7CD3702">
<enum>
(C)
</enum>
<text>
incident review, evaluation, debriefing, and public information procedures;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6226DFCCEFA54494BB77EAD73707771A">
<enum>
(4)
</enum>
<text>
work with States to ensure appropriate regional coordination of various elements of the network;
</text>
</paragraph>
<paragraph id="H5E7BEDAEECA24F0D863F94378EB9D82D">
<enum>
(5)
</enum>
<text>
establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—
</text>
<subparagraph id="HF67612B88E8840A58342841EE1993DE7">
<enum>
(A)
</enum>
<text>
to the maximum extent practicable, representation from the various geographic regions of the United States; and
</text>
</subparagraph>
<subparagraph id="HF37D2323D8484A50A833D318143D72DC">
<enum>
(B)
</enum>
<text>
members who are—
</text>
<clause id="H9B7FDF7EAC6D4F6592C5102B16E29F14">
<enum>
(i)
</enum>
<text>
representatives of a law enforcement organization representing rank-and-file officers;
</text>
</clause>
<clause id="H6105A00B529B4773877123F325FD94C6">
<enum>
(ii)
</enum>
<text>
representatives of other law enforcement agencies and public safety communications;
</text>
</clause>
<clause id="H3A61E9C5CA1E45F59E5FC1BD344EF6AC">
<enum>
(iii)
</enum>
<text>
broadcasters, first responders, dispatchers, and radio station personnel; and
</text>
</clause>
<clause id="HC7062D3DAD91488383BC316A2C156E62">
<enum>
(iv)
</enum>
<text>
representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H06F8E8421C714723AE416BACE86FB653">
<enum>
(6)
</enum>
<text>
act as the nationwide point of contact for—
</text>
<subparagraph id="H3DB425EFAB264F23A7C0E67A11C51D33">
<enum>
(A)
</enum>
<text>
the development of the network; and
</text>
</subparagraph>
<subparagraph id="H8405724C8E4042249644B01F9AB9978C">
<enum>
(B)
</enum>
<text>
regional coordination of Blue Alerts through the network; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HC7D985D2C6E846F3B4F2C3CFFCB55027">
<enum>
(7)
</enum>
<text>
determine—
</text>
<subparagraph id="H858C23395AEB40BDA56A7BF7ECFB1BD9">
<enum>
(A)
</enum>
<text>
what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and
</text>
</subparagraph>
<subparagraph id="H2C83F9DBC9674143B28FB41DF4EA4579">
<enum>
(B)
</enum>
<text>
which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFDCA3A94073A41AD91080A450D4AAED2">
<enum>
(c)
</enum>
<header>
Limitations
</header>
<paragraph id="HB6C757FD0F4141F2826AC97D656E43F0">
<enum>
(1)
</enum>
<header>
Voluntary participation
</header>
<text>
The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory.
</text>
</paragraph>
<paragraph id="HBF393F19578245F683772F9CBF62740F">
<enum>
(2)
</enum>
<header>
Dissemination of information
</header>
<text>
The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
</text>
</paragraph>
<paragraph id="H4F7529FBADE2443A888EFB69101F73C0">
<enum>
(3)
</enum>
<header>
Privacy and civil liberties protections
</header>
<text>
The guidelines established under subsection (b) shall—
</text>
<subparagraph id="HE2B1D58EC9554A2AABC000E79ACD6EF1">
<enum>
(A)
</enum>
<text>
provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
</text>
</subparagraph>
<subparagraph id="H4DFF76DC268A4903BCD4331B3CF7AD17">
<enum>
(B)
</enum>
<text>
include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HD12FE57104BE4FA0A7912814F31D1BCC">
<enum>
(d)
</enum>
<header>
Cooperation with other agencies
</header>
<text>
The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act.
</text>
</subsection>
<subsection id="H2B216DC654A44F9882197016385025E7">
<enum>
(e)
</enum>
<header>
Restrictions on coordinator
</header>
<text>
The Coordinator may not—
</text>
<paragraph id="HC87F1231BF9144DFACBC1713D264602D">
<enum>
(1)
</enum>
<text>
perform any official travel for the sole purpose of carrying out the duties of the Coordinator;
</text>
</paragraph>
<paragraph id="H7BC0CCEDD4444A13B940C5836D17B064">
<enum>
(2)
</enum>
<text>
lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
</text>
</paragraph>
<paragraph id="H6D5781D7C67A49EC85A91A2102FAFB2A">
<enum>
(3)
</enum>
<text>
host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.
</text>
</paragraph>
</subsection>
<subsection id="H1E6DC5EF744548AFAC318CBB9987B188">
<enum>
(f)
</enum>
<header>
Reports
</header>
<text>
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
</text>
</subsection>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20130514">
May 14, 2013
</action-date>
<action-desc>
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 32 113th CONGRESS 1st Session H. R. 180 [Report No. 113–54] IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself, Mr. Pascrell , Mr. Reichert , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on the Judiciary May 14, 2013 Additional sponsors: Mr. LoBiondo , Mr. Cooper , Mr. Andrews , Mr. King of New York , Mr. Johnson of Ohio , Mr. Duncan of Tennessee , Mr. Maffei , Mr. Rangel , Ms. Gabbard , Mr. Conyers , and Mr. Poe of Texas May 14, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.
1. Short title This Act may be cited as the National Blue Alert Act of 2013 . 2. Definitions In this Act: (1) Coordinator The term Coordinator means the Blue Alert Coordinator of the Department of Justice designated under section 4(a). (2) Blue alert The term Blue Alert means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) Blue alert plan The term Blue Alert plan means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) Law enforcement officer The term law enforcement officer shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b(6) ). (5) Network The term network means the Blue Alert communications network established by the Attorney General under section 3. (6) State The term State means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Blue alert communications network The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. 4. Blue alert coordinator; guidelines (a) Coordination within department of justice The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the coordinator The Coordinator shall— (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including— (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if— (i) the law enforcement agency involved— (I) confirms— (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines— (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for— (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating— (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include— (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are— (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for— (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine— (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations (1) Voluntary participation The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections The guidelines established under subsection (b) shall— (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation with other agencies The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Restrictions on coordinator The Coordinator may not— (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
May 14, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed |
113-hr-181-ih-dtd | 113-hr-181 | 113 | hr | 181 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr181ih.xml | BILLS-113hr181ih.xml | 2023-01-08 17:42:45.061 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 181 IH: To designate the facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, as the Leonard Montalto Post Office Building.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
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<dc:format>
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</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 181
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000569">
Mr. Grimm
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HGO00">
Committee on Oversight and Government
Reform
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To designate the facility of the United States Postal
Service located at 3031 Veterans Road West in Staten Island, New York, as the
<term>
Leonard Montalto Post Office Building
</term>
.
</official-title>
</form>
<legis-body id="H2F7492E0053340E7BFAD65101B7C5CD3" style="OLC">
<section id="HDC1E8AF301AD4E5BAD8BA2D2428351A1" section-type="section-one">
<enum>
1.
</enum>
<header>
Leonard Montalto Post Office
Building
</header>
<subsection id="HD462C263D91E4559B5BCAF0C8A9CBC85">
<enum>
(a)
</enum>
<header>
Designation
</header>
<text>
The
facility of the United States Postal Service located at 3031 Veterans Road West
in Staten Island, New York, shall be known and designated as the
<term>
Leonard
Montalto Post Office Building
</term>
.
</text>
</subsection>
<subsection id="H5FE037989B574CC7934AB0530956A45B">
<enum>
(b)
</enum>
<header>
References
</header>
<text>
Any
reference in a law, map, regulation, document, paper, or other record of the
United States to the facility referred to in subsection (a) shall be deemed to
be a reference to the
<term>
Leonard Montalto Post Office
Building
</term>
.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 181 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, as the Leonard Montalto Post Office Building .
1. Leonard Montalto Post Office Building (a) Designation The facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, shall be known and designated as the Leonard Montalto Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Leonard Montalto Post Office Building . |
113-hr-182-ih-dtd | 113-hr-182 | 113 | hr | 182 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr182ih.xml | BILLS-113hr182ih.xml | 2023-01-08 17:42:45.786 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dublinCore>
<dc:title>
113 HR 182 IH: Safe Skies Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
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<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
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1st Session
</session>
<legis-num>
H. R. 182
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000569">
Mr. Grimm
</sponsor>
(for
himself and
<cosponsor name-id="B001242">
Mr. Bishop of New York
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require the Secretary of Transportation to modify the
final rule relating to flightcrew member duty and rest requirements for
passenger operations of air carriers to apply to all-cargo operations of air
carriers, and for other purposes.
</official-title>
</form>
<legis-body id="H0604B722A71244F3871F4709B75FB5BA" style="OLC">
<section id="H6B4FF3C9EC274A0B84E1FBEFF5EAEB9E" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Safe Skies Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF7ED15CE20DF4C34946CA2D933329232">
<enum>
2.
</enum>
<header>
Modification of
final rule relating to flightcrew member duty and rest requirements for
passenger operations to apply to all-cargo operations
</header>
<subsection id="H2A873C1CD9EF4269BA71163497B13F82">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 30
days after the date of the enactment of this Act, the Secretary of
Transportation shall modify the final rule specified in subsection (b) so that
the flightcrew member duty and rest requirements under that rule apply to
flightcrew members in all-cargo operations conducted by air carriers in the
same manner as those requirements apply to flightcrew members in passenger
operations conducted by air carriers.
</text>
</subsection>
<subsection id="HDCB380DFAA324A47A301CF96CBF17A74">
<enum>
(b)
</enum>
<header>
Final rule
specified
</header>
<text>
The final rule specified in this subsection is the
final rule of the Federal Aviation Administration—
</text>
<paragraph id="HFA728781B3094AE3B5F29C18F37EC725">
<enum>
(1)
</enum>
<text>
published in the
Federal Register on January 4, 2012 (77 Fed. Reg. 330); and
</text>
</paragraph>
<paragraph id="HE80E7D96A8C74C2BBAECEAA386374951">
<enum>
(2)
</enum>
<text>
relating to
flightcrew member duty and rest requirements.
</text>
</paragraph>
</subsection>
<subsection id="H44D7C9A6148C49CB8884D6F4F8F2AE18">
<enum>
(c)
</enum>
<header>
Applicability of
rulemaking requirements
</header>
<text>
The requirements of section 553 of title
5, United States Code, shall not apply to the modification required by
subsection (a).
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 182 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Secretary of Transportation to modify the final rule relating to flightcrew member duty and rest requirements for passenger operations of air carriers to apply to all-cargo operations of air carriers, and for other purposes.
1. Short title This Act may be cited as the Safe Skies Act of 2013 . 2. Modification of final rule relating to flightcrew member duty and rest requirements for passenger operations to apply to all-cargo operations (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall modify the final rule specified in subsection (b) so that the flightcrew member duty and rest requirements under that rule apply to flightcrew members in all-cargo operations conducted by air carriers in the same manner as those requirements apply to flightcrew members in passenger operations conducted by air carriers. (b) Final rule specified The final rule specified in this subsection is the final rule of the Federal Aviation Administration— (1) published in the Federal Register on January 4, 2012 (77 Fed. Reg. 330); and (2) relating to flightcrew member duty and rest requirements. (c) Applicability of rulemaking requirements The requirements of section 553 of title 5, United States Code, shall not apply to the modification required by subsection (a). |
113-hr-183-ih-dtd | 113-hr-183 | 113 | hr | 183 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr183ih.xml | BILLS-113hr183ih.xml | 2023-01-08 17:42:45.276 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 183 IH: Veterans Dog Training Therapy Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 183
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000569">
Mr. Grimm
</sponsor>
(for
himself and
<cosponsor name-id="M001149">
Mr. Michaud
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To direct the Secretary of Veterans Affairs to carry out
a pilot program on dog training therapy.
</official-title>
</form>
<legis-body id="H076B9F6EEE3945958C77BBDAE12E0202" style="OLC">
<section id="HE2543A30BA3349FB8251A869023DB93A" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Veterans Dog Training Therapy
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H5E6DFDA066CE49799D9E93F4E1F00DCF">
<enum>
2.
</enum>
<header>
Department of
Veterans Affairs pilot program on dog training therapy
</header>
<subsection id="H9D12D16A3D024C348CBF66AA067D32A5">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Commencing not later
than 120 days after the date of the enactment of the Act, the Secretary of
Veterans Affairs shall carry out a pilot program for the purpose of assessing
the effectiveness of addressing post-deployment mental health and
post-traumatic stress disorder symptoms through a therapeutic medium of
training service dogs for veterans with disabilities.
</text>
</subsection>
<subsection id="H1AC8B7943F48478B8E5F16046E496732">
<enum>
(b)
</enum>
<header>
Duration of
pilot program
</header>
<text>
The pilot program required by subsection (a) shall
be carried out at least three and not more than five Department of Veterans
Affairs medical centers during the five-year period beginning on the date of
the commencement of the pilot program.
</text>
</subsection>
<subsection id="H6A320A2253FD46048F2ECC9DBA438D90">
<enum>
(c)
</enum>
<header>
Locations of
pilot program
</header>
<text>
In selecting medical centers for the pilot program
required under subsection (a), the Secretary shall ensure that each medical
center selected provides a training area for educating veterans with mental
health conditions in the art and science of service dog training and handling.
Such training area shall—
</text>
<paragraph id="H06DD84E6A0CD4157BCF98408D187CC91">
<enum>
(1)
</enum>
<text>
include a
dedicated space that is suitable for grooming and training dogs indoors;
</text>
</paragraph>
<paragraph id="HDA19DF57CDB0418CB534E6467D5ECA0A">
<enum>
(2)
</enum>
<text>
be wheelchair
accessible;
</text>
</paragraph>
<paragraph id="H955C39138B01446C993E32A2B8B5851A">
<enum>
(3)
</enum>
<text>
include classroom
or lecture space;
</text>
</paragraph>
<paragraph id="HBFC36054D99946E892487C55F2F899DB">
<enum>
(4)
</enum>
<text>
include office
space for staff;
</text>
</paragraph>
<paragraph id="HDDF67A19FDFD413B9EBF97FF059D2B0B">
<enum>
(5)
</enum>
<text>
include a suitable
space for storing training equipment;
</text>
</paragraph>
<paragraph id="H707ED96CD9BF4DF08D5D0FD323701947">
<enum>
(6)
</enum>
<text>
provide for
periodic use of other training areas for training the dogs with wheelchairs and
conducting other exercises;
</text>
</paragraph>
<paragraph id="H0B273762E6D0444E8231AFD83183851A">
<enum>
(7)
</enum>
<text>
include outdoor
exercise and toileting space for dogs; and
</text>
</paragraph>
<paragraph id="H5F287E055D2849AC87A13BFCABCC478F">
<enum>
(8)
</enum>
<text>
provide
transportation for weekly field trips to train dogs in other
environments.
</text>
</paragraph>
</subsection>
<subsection id="H26EA15C4A80C4B57AEED935EA096AA29">
<enum>
(d)
</enum>
<header>
Design of pilot
program
</header>
<text>
In carrying out the pilot program under this section, the
Secretary shall—
</text>
<paragraph id="H15ADE2448C3A441E8690833026AD7A52">
<enum>
(1)
</enum>
<text>
administer the
program through the Recreation Therapy Service of the Department of Veterans
Affairs under the direction of a certified recreational therapist with
sufficient administrative experience to oversee all pilot program sites;
</text>
</paragraph>
<paragraph id="H60F4D4C9D8104977B409D6819A33925E">
<enum>
(2)
</enum>
<text>
establish, for
purposes of overseeing the training of dogs at medical centers selected for the
pilot program, a director of service dog training with a background working in
social services, experience in teaching others to train service dogs in a
vocational setting, and at least one year of experience working with veterans
or active duty service members with post-traumatic stress disorder in a
clinical setting;
</text>
</paragraph>
<paragraph id="H296B94CEFE1C4301BE009D7B6C5A6924">
<enum>
(3)
</enum>
<text>
ensure that each
pilot program site has certified service dog training instructors;
</text>
</paragraph>
<paragraph id="H1D77B611A3454439B98110839BB9ACDB">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
ensure that in selecting assistance dogs
for use in the program, dogs residing in animal shelters or foster homes are
looked at as an option, if appropriate, and ensure that all dogs used in the
program have adequate temperament and health clearances;
</text>
</paragraph>
<paragraph id="HC26FE884B2974CD792DCE4A6B0C068A2">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
ensure that each service dog in training
participating in the pilot program is taught all essential commands pertaining
to service dog skills;
</text>
</paragraph>
<paragraph id="H179D3DBF73034F98BC4DBED53AFB201F">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
ensure that each service dog in training
lives at the pilot program site or a volunteer foster home in the vicinity of
such site while receiving training;
</text>
</paragraph>
<paragraph id="HDD3CDCFA3CE84844AC2DAA79F08EEB4A">
<enum>
(7)
</enum>
<text>
ensure that the
pilot program involves both lecture of service dog training methodologies and
practical hands-on training and grooming of service dogs; and
</text>
</paragraph>
<paragraph id="H987828D263C7425A935F150633428D39">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
ensure that the pilot program is designed
to—
</text>
<subparagraph id="H52ADE3405CC2450DBDD5677E1B2BE5CF">
<enum>
(A)
</enum>
<text>
maximize the
therapeutic benefits to veterans participating in the program; and
</text>
</subparagraph>
<subparagraph id="H0344647CB4D14F288592D7C7C701B3A0">
<enum>
(B)
</enum>
<text>
provide
well-trained service dogs to veterans with disabilities.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB413C82BB48545B5AD1B9678FE74C359">
<enum>
(e)
</enum>
<header>
Veteran
eligibility
</header>
<text display-inline="yes-display-inline">
A veteran with
post-traumatic stress disorder or other post-deployment mental health condition
may volunteer to participate in the pilot program under subsection (a) if the
Secretary determines that there are adequate program resources available for
such veteran at the pilot program site. Veterans may participate in the pilot
program in conjunction with the compensated work therapy program of the
Department of Veterans Affairs.
</text>
</subsection>
<subsection id="H06D128BC018E4746834DACFB8BE67E5D">
<enum>
(f)
</enum>
<header>
Hiring
preference
</header>
<text>
In hiring service dog training instructors under the
pilot program under subsection (a), the Secretary shall give a preference to
veterans who have successfully graduated from post-traumatic stress disorder or
other residential treatment programs and who have received adequate
certification in service dog training.
</text>
</subsection>
<subsection id="H0333A44808D742E19B0DCA9BF4B25EA7">
<enum>
(g)
</enum>
<header>
Collection of
data
</header>
<text>
The Secretary shall collect data on the pilot program
required under subsection (a) to determine how effective the program is for the
veterans participating in the program. Such data shall include data to
determine how effectively the program assists veterans in—
</text>
<paragraph id="H1722E31B45AC4BB8AE574265C99C30BD">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
reducing stigma associated with
post-traumatic stress disorder or other post-deployment mental health
condition;
</text>
</paragraph>
<paragraph id="HA05F5076E53541B193A3FB3C639C552B">
<enum>
(2)
</enum>
<text>
improving
emotional regulation;
</text>
</paragraph>
<paragraph id="HE0CBD8404103447092BA336E98CCE2D5">
<enum>
(3)
</enum>
<text>
improving
patience;
</text>
</paragraph>
<paragraph id="H88DBC6292C6A4C48AEF65159AF1803FA">
<enum>
(4)
</enum>
<text>
instilling or
re-establishing a sense of purpose;
</text>
</paragraph>
<paragraph id="HE645B392351249B199084300BC2F89F4">
<enum>
(5)
</enum>
<text>
providing an
opportunity to help fellow veterans;
</text>
</paragraph>
<paragraph id="HFF1839CE3B2E4BD29E73B1B7D26AAFD2">
<enum>
(6)
</enum>
<text>
reintegrating into
the community;
</text>
</paragraph>
<paragraph id="HAD89C9BEE5F2473DA6654A87F8122BD3">
<enum>
(7)
</enum>
<text>
exposing the dog
to new environments and in doing so, helping the veteran reduce social
isolation and withdrawal;
</text>
</paragraph>
<paragraph id="H1601D92874D8490580FA22D77492D773">
<enum>
(8)
</enum>
<text>
building
relationship skills, including parenting skills;
</text>
</paragraph>
<paragraph id="H61FA434951E34E23BB36C528BC70BC3D">
<enum>
(9)
</enum>
<text>
relaxing the
hyper-vigilant survival state;
</text>
</paragraph>
<paragraph id="H3E511DCC2F43452E8B32D148D9DD8883">
<enum>
(10)
</enum>
<text>
improving sleep
patterns; and
</text>
</paragraph>
<paragraph id="HF57A6B9D3BAA4120B215CEEBB5B5CD84">
<enum>
(11)
</enum>
<text>
enabling veterans
to decrease the use of pain medication.
</text>
</paragraph>
</subsection>
<subsection id="H278BC154CF1D489CB4AAACD193088126">
<enum>
(h)
</enum>
<header>
Reports to
Congress
</header>
<text>
Not later than one year after the date of the
commencement of the pilot program under subsection (a), and each year
thereafter for the duration of the pilot program, the Secretary shall submit to
Congress a report on the pilot program. Each such report shall include—
</text>
<paragraph id="H50A1451A369D455D80F2B72FA7718770">
<enum>
(1)
</enum>
<text>
the number of
veterans participating in the pilot program;
</text>
</paragraph>
<paragraph id="HA7494292AC7A4016AF12BE93DB8B10FB">
<enum>
(2)
</enum>
<text>
a
description of the services carried out by the Secretary under the pilot
program;
</text>
</paragraph>
<paragraph id="HA9ED6B51C7964F91B1EBAEFD3303402E">
<enum>
(3)
</enum>
<text>
the effects that
participating in the pilot program has on the following—
</text>
<subparagraph id="HECC7744992B4415D9EDC7CA7EB6624CF">
<enum>
(A)
</enum>
<text>
symptoms of
post-traumatic stress disorder and post-deployment adjustment difficulties,
including depression, maintenance of sobriety, suicidal ideations, and
homelessness;
</text>
</subparagraph>
<subparagraph id="H8A3B58F0BA624CDAA8668D1AF04171D5">
<enum>
(B)
</enum>
<text>
potentially
relevant physiological markers that possibly relate to the interactions with
the service dogs;
</text>
</subparagraph>
<subparagraph id="H1AAE2CCB2C434D019D3B16676842157F">
<enum>
(C)
</enum>
<text>
family
dynamics;
</text>
</subparagraph>
<subparagraph id="H96DA9A12FADA4567ADFA605548ACDBCD">
<enum>
(D)
</enum>
<text>
insomnia and pain
management; and
</text>
</subparagraph>
<subparagraph id="H0151DB1E955048C0BF5185E2AD7AC664">
<enum>
(E)
</enum>
<text>
overall
well-being; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HE8FA944A8CB04493B54A39415391248D">
<enum>
(4)
</enum>
<text>
the
recommendations of the Secretary with respect to the extension or expansion of
the pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HF29B28AA36D948948CC569188DB30B91">
<enum>
(i)
</enum>
<header>
Definition
</header>
<text>
For
the purposes of this section, the term
<term>
service dog training
instructor
</term>
means an instructor who provides the direct training of
veterans with post-traumatic stress disorder and other post-deployment issues
in the art and science of service dog training and handling.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 183 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy.
1. Short title This Act may be cited as the Veterans Dog Training Therapy Act . 2. Department of Veterans Affairs pilot program on dog training therapy (a) In general Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program for the purpose of assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder symptoms through a therapeutic medium of training service dogs for veterans with disabilities. (b) Duration of pilot program The pilot program required by subsection (a) shall be carried out at least three and not more than five Department of Veterans Affairs medical centers during the five-year period beginning on the date of the commencement of the pilot program. (c) Locations of pilot program In selecting medical centers for the pilot program required under subsection (a), the Secretary shall ensure that each medical center selected provides a training area for educating veterans with mental health conditions in the art and science of service dog training and handling. Such training area shall— (1) include a dedicated space that is suitable for grooming and training dogs indoors; (2) be wheelchair accessible; (3) include classroom or lecture space; (4) include office space for staff; (5) include a suitable space for storing training equipment; (6) provide for periodic use of other training areas for training the dogs with wheelchairs and conducting other exercises; (7) include outdoor exercise and toileting space for dogs; and (8) provide transportation for weekly field trips to train dogs in other environments. (d) Design of pilot program In carrying out the pilot program under this section, the Secretary shall— (1) administer the program through the Recreation Therapy Service of the Department of Veterans Affairs under the direction of a certified recreational therapist with sufficient administrative experience to oversee all pilot program sites; (2) establish, for purposes of overseeing the training of dogs at medical centers selected for the pilot program, a director of service dog training with a background working in social services, experience in teaching others to train service dogs in a vocational setting, and at least one year of experience working with veterans or active duty service members with post-traumatic stress disorder in a clinical setting; (3) ensure that each pilot program site has certified service dog training instructors; (4) ensure that in selecting assistance dogs for use in the program, dogs residing in animal shelters or foster homes are looked at as an option, if appropriate, and ensure that all dogs used in the program have adequate temperament and health clearances; (5) ensure that each service dog in training participating in the pilot program is taught all essential commands pertaining to service dog skills; (6) ensure that each service dog in training lives at the pilot program site or a volunteer foster home in the vicinity of such site while receiving training; (7) ensure that the pilot program involves both lecture of service dog training methodologies and practical hands-on training and grooming of service dogs; and (8) ensure that the pilot program is designed to— (A) maximize the therapeutic benefits to veterans participating in the program; and (B) provide well-trained service dogs to veterans with disabilities. (e) Veteran eligibility A veteran with post-traumatic stress disorder or other post-deployment mental health condition may volunteer to participate in the pilot program under subsection (a) if the Secretary determines that there are adequate program resources available for such veteran at the pilot program site. Veterans may participate in the pilot program in conjunction with the compensated work therapy program of the Department of Veterans Affairs. (f) Hiring preference In hiring service dog training instructors under the pilot program under subsection (a), the Secretary shall give a preference to veterans who have successfully graduated from post-traumatic stress disorder or other residential treatment programs and who have received adequate certification in service dog training. (g) Collection of data The Secretary shall collect data on the pilot program required under subsection (a) to determine how effective the program is for the veterans participating in the program. Such data shall include data to determine how effectively the program assists veterans in— (1) reducing stigma associated with post-traumatic stress disorder or other post-deployment mental health condition; (2) improving emotional regulation; (3) improving patience; (4) instilling or re-establishing a sense of purpose; (5) providing an opportunity to help fellow veterans; (6) reintegrating into the community; (7) exposing the dog to new environments and in doing so, helping the veteran reduce social isolation and withdrawal; (8) building relationship skills, including parenting skills; (9) relaxing the hyper-vigilant survival state; (10) improving sleep patterns; and (11) enabling veterans to decrease the use of pain medication. (h) Reports to Congress Not later than one year after the date of the commencement of the pilot program under subsection (a), and each year thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include— (1) the number of veterans participating in the pilot program; (2) a description of the services carried out by the Secretary under the pilot program; (3) the effects that participating in the pilot program has on the following— (A) symptoms of post-traumatic stress disorder and post-deployment adjustment difficulties, including depression, maintenance of sobriety, suicidal ideations, and homelessness; (B) potentially relevant physiological markers that possibly relate to the interactions with the service dogs; (C) family dynamics; (D) insomnia and pain management; and (E) overall well-being; and (4) the recommendations of the Secretary with respect to the extension or expansion of the pilot program. (i) Definition For the purposes of this section, the term service dog training instructor means an instructor who provides the direct training of veterans with post-traumatic stress disorder and other post-deployment issues in the art and science of service dog training and handling. |
113-hr-184-ih-dtd | 113-hr-184 | 113 | hr | 184 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr184ih.xml | BILLS-113hr184ih.xml | 2023-01-08 17:42:44.757 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HF683DBA4D9974EB6809430C9248B819A" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 184 IH: Mechanical Insulation Installation Incentive Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 184
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000569">
Mr. Grimm
</sponsor>
(for
himself and
<cosponsor name-id="B001242">
Mr. Bishop of New York
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to provide a
tax incentive for the installation and maintenance of mechanical insulation
property.
</official-title>
</form>
<legis-body id="H3D89BA2615594C5CB0FAC0DB667216BC" style="OLC">
<section id="HDC9E88DBF3D94374A01FAFA4C6001E4B" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Mechanical Insulation Installation
Incentive Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HA64071BD82A1475FBD6270D2ADDDED2C">
<enum>
2.
</enum>
<header>
Expensing of
mechanical insulation property
</header>
<subsection id="HEAE18DFBC3834371B8A8ACA0E9E5F490">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Part VI of subchapter B of chapter 1 of subtitle A of the
Internal Revenue Code of 1986 (relating to itemized deductions for individuals
and corporations) is amended by inserting after section 179E the following new
section:
</text>
<quoted-block display-inline="no-display-inline" id="H4DC3BC47661546088A5912DE5DCEF68A" style="OLC">
<section id="H6C6E77C7AFE046AA9663EF4AE336FD78">
<enum>
179F.
</enum>
<header>
Mechanical
insulation property
</header>
<subsection id="H30CE162BA65B4071A67DF81481E57C8E">
<enum>
(a)
</enum>
<header>
Treatment as
expenses
</header>
<text display-inline="yes-display-inline">
In addition to any
other deduction in this subtitle, there shall be allowed as a deduction an
amount equal to the applicable percentage of the cost of mechanical insulation
property placed in service during the taxable year.
</text>
</subsection>
<subsection id="H60960D78FC8F4FBEAADE48DBECACD6F5">
<enum>
(b)
</enum>
<header>
Applicable
percentage
</header>
<text>
For purposes of subsection (a)—
</text>
<paragraph id="H8E9434D7E5FF4D49B0A8D295C8D672A9">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
applicable percentage
</term>
means the
lesser of—
</text>
<subparagraph id="HA9939C8F0FF0477B950544FB11EF9773">
<enum>
(A)
</enum>
<text>
30 percent,
and
</text>
</subparagraph>
<subparagraph id="HB5A998364DE7452C8C702200C5E71E31">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the reduction in energy loss (expressed as
a percentage) from the installed mechanical insulation property compared to
reference mechanical insulation property which meets the minimum requirements
of ASHRAE standard 90.1–2007.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE7B57846A87F424DAF9607DE05659965">
<enum>
(2)
</enum>
<header>
Special rule
relating to maintenance
</header>
<text>
In the case of mechanical insulation
property placed in service as a replacement for insulation property—
</text>
<subparagraph id="H736B6C6DCE0843D4A514612083DAC9B1">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
paragraph (1)(B) shall not apply,
and
</text>
</subparagraph>
<subparagraph id="HE669D45C9DE742D2959ED9D5133725D4">
<enum>
(B)
</enum>
<text>
the cost of such
property shall be treated as an expense for which a deduction is allowed under
section 162 instead of being treated as depreciable for purposes of the
deduction provided by section 167.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5B1233C8409E4D80A16B0D1A270AFB51">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
For
purposes of this section—
</text>
<paragraph id="H230C112BCA37435580D2DDB1897F3852">
<enum>
(1)
</enum>
<header>
Mechanical
insulation property
</header>
<text display-inline="yes-display-inline">
The term
<term>
mechanical insulation property
</term>
means insulation materials,
facings, and accessory products—
</text>
<subparagraph id="H892A4EFD4273428D8E99159C4AE6FB45">
<enum>
(A)
</enum>
<text>
placed in service
in connection with a mechanical system which—
</text>
<clause id="H866000A9B60E4939AD29B36C001FC99C">
<enum>
(i)
</enum>
<text>
is
located in the United States, and
</text>
</clause>
<clause id="H0A7E1C84CCC242B1B5F8CF6C971DFEA5">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
is of a character subject to an allowance
for depreciation, and
</text>
</clause>
</subparagraph>
<subparagraph id="H7815105E06E54F1095BBB1DE4E8FF952">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
utilized for thermal requirements for
mechanical piping and equipment, hot and cold applications, and heating,
venting and air conditioning applications which can be used in a variety of
facilities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2C16D6276CE24267898592E7F4CEB7DC">
<enum>
(2)
</enum>
<header>
Cost
</header>
<text>
The
cost of mechanical insulation property includes—
</text>
<subparagraph id="H28F4E412E9C2402BA37CAB56296CA0A9">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the amounts paid or incurred for the
installation of such property for that incremental portion above the minimums
in ASHRAE standard 90.1–2007 and the total insulation cost for maintenance
applications,
</text>
</subparagraph>
<subparagraph id="H965C713B28E444948EE8CE2A807FF83B">
<enum>
(B)
</enum>
<text>
in the case of
removal and disposal of the old mechanical insulation property, 10 percent of
the cost of the new mechanical insulation property (determined without regard
to this subparagraph), and
</text>
</subparagraph>
<subparagraph id="HCCCC6A4782664E389DD2E1D4DBB84EFC">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
expenditures for labor costs properly
allocable to the preparation, assembly, and installation of mechanical
insulation property.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0E401200389D449EB0FBEB5F65F9ED60">
<enum>
(d)
</enum>
<header>
Coordination
</header>
<text>
Subsection
(a) shall not apply to the cost of mechanical insulation property which is
taken into account under section 179D or which, but for subsection (b) of
section 179D, would be taken into account under such section.
</text>
</subsection>
<subsection id="H016588F145024900A3A4E70FA5C7A0AA">
<enum>
(e)
</enum>
<header>
Allocation of
deduction for tax-Exempt property
</header>
<text display-inline="yes-display-inline">
In the case of mechanical insulation
property installed on or in property owned by an entity described in paragraph
(3) or (4) of section 50(b), the person who is the primary contractor for the
installation of such property shall be treated as the taxpayer that placed such
property in service.
</text>
</subsection>
<subsection id="H0ED0465E372F40519E35AAC5C866B8DA">
<enum>
(f)
</enum>
<header>
Certification
</header>
<text>
For
purposes of this section, energy savings shall be certified under regulations
or other guidance provided by the Secretary, in consultation with the Secretary
of Energy.
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.
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Deduction for
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<text>
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<quote>
or
</quote>
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, or
</quote>
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Sec. 179F. Mechanical insulation
property.
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.
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The amendments made by this section shall apply to property
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| I 113th CONGRESS 1st Session H. R. 184 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property.
1. Short title This Act may be cited as the Mechanical Insulation Installation Incentive Act of 2013 . 2. Expensing of mechanical insulation property (a) In general Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: 179F. Mechanical insulation property (a) Treatment as expenses In addition to any other deduction in this subtitle, there shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year. (b) Applicable percentage For purposes of subsection (a)— (1) In general The term applicable percentage means the lesser of— (A) 30 percent, and (B) the reduction in energy loss (expressed as a percentage) from the installed mechanical insulation property compared to reference mechanical insulation property which meets the minimum requirements of ASHRAE standard 90.1–2007. (2) Special rule relating to maintenance In the case of mechanical insulation property placed in service as a replacement for insulation property— (A) paragraph (1)(B) shall not apply, and (B) the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167. (c) Definitions For purposes of this section— (1) Mechanical insulation property The term mechanical insulation property means insulation materials, facings, and accessory products— (A) placed in service in connection with a mechanical system which— (i) is located in the United States, and (ii) is of a character subject to an allowance for depreciation, and (B) utilized for thermal requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. (2) Cost The cost of mechanical insulation property includes— (A) the amounts paid or incurred for the installation of such property for that incremental portion above the minimums in ASHRAE standard 90.1–2007 and the total insulation cost for maintenance applications, (B) in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property (determined without regard to this subparagraph), and (C) expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property. (d) Coordination Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section. (e) Allocation of deduction for tax-Exempt property In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service. (f) Certification For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy. (g) Termination This section shall not apply to any property placed in service after the end of the 5-year period beginning on the date of the enactment of this section. . (b) Deduction for capital expenditures Section 263(a)(1) of such Code (relating to capital expenditures) is amended by striking or at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting , or , and by adding at the end the following new subparagraph: (M) expenditures for which a deduction is allowed under section 179F. . (c) Technical and clerical amendments (1) Section 312(k)(3)(B) of such Code is amended by striking or 179E each place it appears in the text or heading thereof and inserting 179E, or 179F . (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting 179F, after 179E, . (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: Sec. 179F. Mechanical insulation property. . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. |
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| IB 113th CONGRESS 1st Session H. R. 185 IN THE HOUSE OF REPRESENTATIVES AN ACT To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the Paul Brown United States Courthouse .
1. Designation The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the Paul Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Paul Brown United States Courthouse .
Passed the House of Representatives October 22, 2013. Karen L. Haas, Clerk. |
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| IB One Hundred Thirteenth Congress of the United States of America At the First Session Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen H. R. 185 AN ACT To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the Paul Brown United States Courthouse .
1. Designation The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the Paul Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Paul Brown United States Courthouse .
Speaker of the House of Representatives. Vice President of the United States and President of the Senate. |
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| I 113th CONGRESS 1st Session H. R. 185 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Hall introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the Paul Brown United States Courthouse .
1. Designation The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the Paul Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Paul Brown United States Courthouse . |
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| II 113th CONGRESS 1st Session H. R. 185 IN THE SENATE OF THE UNITED STATES October 28, 2013 Received AN ACT To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the Paul Brown United States Courthouse .
1. Designation The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the Paul Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Paul Brown United States Courthouse .
Passed the House of Representatives October 22, 2013. Karen L. Haas, Clerk |
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<cosponsor name-id="P000592">
Mr. Poe of Texas
</cosponsor>
,
<cosponsor name-id="B001248">
Mr. Burgess
</cosponsor>
,
<cosponsor name-id="B000755">
Mr. Brady of Texas
</cosponsor>
,
<cosponsor name-id="C001048">
Mr. Culberson
</cosponsor>
,
<cosponsor name-id="S000583">
Mr. Smith of Texas
</cosponsor>
,
<cosponsor name-id="C001063">
Mr. Cuellar
</cosponsor>
,
<cosponsor name-id="D000399">
Mr. Doggett
</cosponsor>
,
<cosponsor name-id="G000552">
Mr. Gohmert
</cosponsor>
,
<cosponsor name-id="H001036">
Mr. Hensarling
</cosponsor>
,
<cosponsor name-id="B000213">
Mr. Barton
</cosponsor>
,
<cosponsor name-id="G000553">
Mr. Al Green of Texas
</cosponsor>
,
<cosponsor name-id="M001157">
Mr. McCaul
</cosponsor>
,
<cosponsor name-id="C001062">
Mr. Conaway
</cosponsor>
,
<cosponsor name-id="T000238">
Mr. Thornberry
</cosponsor>
,
<cosponsor name-id="W000814">
Mr. Weber of Texas
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
,
<cosponsor name-id="N000182">
Mr. Neugebauer
</cosponsor>
,
<cosponsor name-id="M001158">
Mr. Marchant
</cosponsor>
,
<cosponsor name-id="W000816">
Mr. Williams
</cosponsor>
,
<cosponsor name-id="F000460">
Mr. Farenthold
</cosponsor>
,
<cosponsor name-id="G000410">
Mr. Gene Green of Texas
</cosponsor>
,
<cosponsor name-id="J000126">
Ms. Eddie Bernice Johnson of Texas
</cosponsor>
,
<cosponsor name-id="C001051">
Mr. Carter
</cosponsor>
,
<cosponsor name-id="S000937">
Mr. Stockman
</cosponsor>
,
<cosponsor name-id="O000168">
Mr. Olson
</cosponsor>
, and
<cosponsor name-id="V000132">
Mr. Vela
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130927">
September 27, 2013
</action-date>
<action-desc>
Referred to the House Calendar and ordered to be printed
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the
<term>
Paul Brown United States Courthouse
</term>
.
<pagebreak/>
</official-title>
</form>
<legis-body id="HBA5A43BFA57545E2836C92268C8F06D6" style="OLC">
<section id="H3E76C98BE4F646BA86D1E14567C97CF5" section-type="section-one">
<enum>
1.
</enum>
<header>
Designation
</header>
<text display-inline="no-display-inline">
The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the
<term>
Paul Brown United States Courthouse
</term>
.
</text>
</section>
<section id="H042A31AFD464413CA9FA508752E1DFF9">
<enum>
2.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the
<term>
Paul Brown United States Courthouse
</term>
.
</text>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20130927">
September 27, 2013
</action-date>
<action-desc>
Referred to the House Calendar and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB House Calendar No. 57 113th CONGRESS 1st Session H. R. 185 [Report No. 113–232] IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Hall introduced the following bill; which was referred to the Committee on Transportation and Infrastructure September 27, 2013 Additional sponsors: Mr. Hinojosa , Mr. Sam Johnson of Texas , Ms. Granger , Mr. Poe of Texas , Mr. Burgess , Mr. Brady of Texas , Mr. Culberson , Mr. Smith of Texas , Mr. Cuellar , Mr. Doggett , Mr. Gohmert , Mr. Hensarling , Mr. Barton , Mr. Al Green of Texas , Mr. McCaul , Mr. Conaway , Mr. Thornberry , Mr. Weber of Texas , Mr. Flores , Mr. Neugebauer , Mr. Marchant , Mr. Williams , Mr. Farenthold , Mr. Gene Green of Texas , Ms. Eddie Bernice Johnson of Texas , Mr. Carter , Mr. Stockman , Mr. Olson , and Mr. Vela September 27, 2013 Referred to the House Calendar and ordered to be printed A BILL To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the Paul Brown United States Courthouse .
1. Designation The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the Paul Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Paul Brown United States Courthouse .
September 27, 2013 Referred to the House Calendar and ordered to be printed |
113-hr-186-ih-dtd | 113-hr-186 | 113 | hr | 186 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr186ih.xml | BILLS-113hr186ih.xml | 2023-01-08 17:42:43.759 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H57E3417FCF67494F9D24086F5DBCAFCE" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 186 IH: To amend the Federal Election Campaign Act of 1971 to permit candidates for election for Federal office to designate an individual who will be authorized to disburse funds of the authorized campaign committees of the candidate in the event of the death of the candidate.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 186
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="J000255">
Mr. Jones
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Election Campaign Act of 1971 to
permit candidates for election for Federal office to designate an individual
who will be authorized to disburse funds of the authorized campaign committees
of the candidate in the event of the death of the candidate.
</official-title>
</form>
<legis-body id="H70B1AAA61F91498F8B50FE06127E901E" style="OLC">
<section id="H757F4A5A7FD0490798D99AF1DF0C2EA2" section-type="section-one">
<enum>
1.
</enum>
<header>
Designation of Individual
Authorized to Make Campaign Committee Disbursements in Event of Death of
Candidate
</header>
<subsection id="H2248F356794E4C6090C1E1A1558D257E">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
Section 302 of the Federal Election Campaign Act of 1971
(
<external-xref legal-doc="usc" parsable-cite="usc/2/432">
2 U.S.C. 432
</external-xref>
) is amended by adding at the end the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H6E9E5A8D78CA4662871CD7EE5E788D8C" style="OLC">
<subsection id="H4CBBB644B793461D965146328C7D6D98">
<enum>
(j)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H7DF18FC6EFCA4CECB1738B4AADE93E0D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Each candidate may, with respect to each
authorized committee of the candidate, designate an individual who shall be
responsible for disbursing funds in the accounts of the committee in the event
of the death of the candidate, and may also designate another individual to
carry out the responsibilities of the designated individual under this
subsection in the event of the death or incapacity of the designated individual
or the unwillingness of the designated individual to carry out the
responsibilities.
</text>
</paragraph>
<paragraph id="H72598141D5B84F6F86EACCA3BBA3C64C" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
In order to designate an individual under
this subsection, the candidate shall file with the Commission a signed written
statement (in a standardized form developed by the Commission) that contains
the name and address of the individual and the name of the authorized committee
for which the designation shall apply, and that may contain the candidate’s
instructions regarding the disbursement of the funds involved by the
individual. At any time after filing the statement, the candidate may revoke
the designation of an individual by filing with the Commission a signed written
statement of revocation (in a standardized form developed by the
Commission).
</text>
</paragraph>
<paragraph id="HDEBBD11EE55745BD9489F324CC64F54A" indent="up1">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Upon the death of a candidate who has
designated an individual for purposes of paragraph (1), funds in the accounts
of each authorized committee of the candidate may be disbursed only under the
direction and in accordance with the instructions of such individual, subject
to the terms and conditions applicable to the disbursement of such funds under
this Act or any other applicable Federal or State law (other than any provision
of State law which authorizes any person other than such individual to direct
the disbursement of such funds).
</text>
</paragraph>
<paragraph id="HD1C47112ECA74F6A9F2E4027FDB96742" indent="up1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Nothing in paragraph (3) may be construed
to grant any authority to an individual who is designated pursuant to this
subsection other than the authority to direct the disbursement of funds as
provided in such paragraph, or may be construed to affect the responsibility of
the treasurer of an authorized committee for which funds are disbursed in
accordance with such paragraph to file reports of the disbursements of such
funds under section
304(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD8B5F656A1DA4DD588166451E1D69EB4">
<enum>
(b)
</enum>
<header>
Inclusion of
Designation in Statement of Organization of Committee
</header>
<text>
Section
303(b) of the Federal Election Campaign Act of 1971 (
<external-xref legal-doc="usc" parsable-cite="usc/2/433">
2 U.S.C. 433(b)
</external-xref>
) is
amended—
</text>
<paragraph id="H6C13C071698C42B6940F6ACBE7DFE6EA">
<enum>
(1)
</enum>
<text>
in paragraph (5),
by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="HD28D7C7EB71C49D494B13FB65C8FE194">
<enum>
(2)
</enum>
<text>
in paragraph (6),
by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</paragraph>
<paragraph id="H5C82ED757C3C436B9CEEDDCB6CC43135">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H040F868E2C304AC89138239F26AAE60B" style="OLC">
<paragraph id="H0436C2536E044281B0A47DA479C037D8">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
in the case of an authorized committee of a
candidate who has designated an individual under section 302(j) (including a
second individual designated to carry out the responsibilities of that
individual under such section in the event of that individual’s death or
incapacity or unwillingness to carry out the responsibilities) to disburse
funds from the accounts of the committee in the event of the death of the
candidate, a copy of the statement filed by the candidate with the Commission
under such section (as well as a copy of any subsequent statement of revocation
filed by the candidate with the Commission under such
section).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section display-inline="no-display-inline" id="HB3CACF5723E84C0CABCD2EE09C56FC16" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Effective
Date
</header>
<text display-inline="no-display-inline">
The amendments made by
this Act shall apply with respect to authorized campaign committees which are
designated under section 302(e)(1) of the Federal Election Campaign Act of 1971
before, on, or after the date of the enactment of this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 186 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to permit candidates for election for Federal office to designate an individual who will be authorized to disburse funds of the authorized campaign committees of the candidate in the event of the death of the candidate.
1. Designation of Individual Authorized to Make Campaign Committee Disbursements in Event of Death of Candidate (a) In General Section 302 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432 ) is amended by adding at the end the following new subsection: (j) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (4) Nothing in paragraph (3) may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a). . (b) Inclusion of Designation in Statement of Organization of Committee Section 303(b) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 433(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(j) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section). . 2. Effective Date The amendments made by this Act shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act. |
113-hr-187-ih-dtd | 113-hr-187 | 113 | hr | 187 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr187ih.xml | BILLS-113hr187ih.xml | 2023-01-08 17:42:44.639 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H1D9E936AB1A64090A717BA7741527BFB" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 187 IH: To correct the boundaries of the John H. Chafee Coastal Barrier Resources System Unit L06, Topsail, North Carolina.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 187
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="J000255">
Mr. Jones
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To correct the boundaries of the John H. Chafee Coastal
Barrier Resources System Unit L06, Topsail, North Carolina.
</official-title>
</form>
<legis-body id="HBAE8B0362E074114821474966C6EA9A2" style="OLC">
<section id="H27296EC69EAB4EE689405E04FB414DF8" section-type="section-one">
<enum>
1.
</enum>
<header>
Replacement of John H. Chafee
Coastal Barrier Resources System map
</header>
<subsection id="H04F3CE258333441E8B321DD1FDA0A30E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The map included in the set of maps entitled
<term>
Coastal Barrier Resources System
</term>
referred to in section 4(a) of
the Coastal Barrier Resources Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/3503">
16 U.S.C. 3503(a)
</external-xref>
) and relating to Unit L06
in North Carolina is hereby replaced by another map relating to the same unit
entitled
<term>
John H. Chafee Coastal Barrier Resources System Corrected Unit
L06
</term>
and dated ______.
</text>
</subsection>
<subsection id="H2D76239B33D24E5DACA83D6249CCEEFB">
<enum>
(b)
</enum>
<header>
Availability
</header>
<text>
The
Secretary of the Interior shall keep the replacement map referred to in
subsection (a) on file and available for inspection in accordance with section
4(b) of the Coastal Barrier Resources Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/3503">
16 U.S.C. 3503(b)
</external-xref>
).
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 187 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources A BILL To correct the boundaries of the John H. Chafee Coastal Barrier Resources System Unit L06, Topsail, North Carolina.
1. Replacement of John H. Chafee Coastal Barrier Resources System map (a) In general The map included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to Unit L06 in North Carolina is hereby replaced by another map relating to the same unit entitled John H. Chafee Coastal Barrier Resources System Corrected Unit L06 and dated ______. (b) Availability The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ). |
113-hr-188-ih-dtd | 113-hr-188 | 113 | hr | 188 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr188ih.xml | BILLS-113hr188ih.xml | 2023-01-08 17:42:43.636 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3B32BE677DD84FB1A5AFE58439D939AA" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 188 IH: 21st Century Civilian Conservation Corps Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 188
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize the President to reestablish the Civilian
Conservation Corps as a means of providing gainful employment to unemployed and
underemployed citizens of the United States through the performance of useful
public work, and for other purposes.
</official-title>
</form>
<legis-body id="H194EDEF19C6F427FB67596716428682E" style="OLC">
<section id="H908BB2E4C6354723938169A5BA36546A" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
21st Century Civilian Conservation
Corps Act
</short-title>
</quote>
.
</text>
</section>
<section id="H8446C56DD741482AA6AE606BCEC95668">
<enum>
2.
</enum>
<header>
Establishment and
operation of Civilian Conservation Corps
</header>
<subsection id="H7EBD4C89081C4642A98DE1CCB0981F27">
<enum>
(a)
</enum>
<header>
Establishment
and purpose
</header>
<text display-inline="yes-display-inline">
In order to
relieve the acute condition of widespread distress and unemployment existing in
the United States and to provide for the restoration of depleted natural
resources in the United States and the advancement of an orderly program of
useful public works, the President may establish and operate a Civilian
Conservation Corps to employ citizens of the United States, who are otherwise
unemployed or underemployed, in the construction, maintenance, and carrying on
of works of a public nature in connection with—
</text>
<paragraph id="H757C3038C4C54211B338567FAB0B4E60">
<enum>
(1)
</enum>
<text>
the forestation of
lands belonging to the United States or a State;
</text>
</paragraph>
<paragraph id="H0B115C8D265D4623B1078035218E18D0">
<enum>
(2)
</enum>
<text>
the prevention of
forest fires, floods, and soil erosion;
</text>
</paragraph>
<paragraph id="H70022240B91F4BA2A0EF1B98B12F2CA4">
<enum>
(3)
</enum>
<text>
plant pest and
disease control;
</text>
</paragraph>
<paragraph id="H968323BE53D04298BC6AA05446C45929">
<enum>
(4)
</enum>
<text>
the construction,
maintenance, or repair of paths, trails, and fire-lanes in units of the
National Park System, public lands, and other lands under the jurisdiction of
the Secretary of the Interior and units of the National Forest System;
and
</text>
</paragraph>
<paragraph id="H5F29B92BCF6D4765956B9B71C20937EB">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
such other work on Federal or State land
incidental to or necessary in connection with any projects of the character
enumerated in paragraphs (1) through (4) that the President determines to be
desirable.
</text>
</paragraph>
</subsection>
<subsection id="H4CBEB2BEDE7E44A2A61D99A5417F7C30">
<enum>
(b)
</enum>
<header>
Role of Federal
agencies
</header>
<text display-inline="yes-display-inline">
To operate the
Civilian Conservation Corps, the President may utilize existing Federal
departments and agencies, including the Department of Labor, the Department of
Defense, the National Guard Bureau, the Department of the Interior, the
Department of Agriculture, the Army Corps of Engineers, the Department of
Transportation, the Department of Energy, the Environmental Protection Agency,
and Federal governmental corporations.
</text>
</subsection>
<subsection id="H8586CD94483F476495BD7E7A4603A740">
<enum>
(c)
</enum>
<header>
Inclusion of
other lands
</header>
<text display-inline="yes-display-inline">
The President may
extend the activities of the Civilian Conservation Corps to lands owned by a
political subdivision of a State and lands in private ownership, but only for
the purpose of conducting such kinds of cooperation work as are otherwise
authorized by law in preventing and controlling forest fires and the attacks of
forest tree pests and diseases and such work as is necessary and in the public
interest to control floods.
</text>
</subsection>
<subsection display-inline="no-display-inline" id="H729F36C17D274872AE4E1C04A3666361">
<enum>
(d)
</enum>
<header>
Contract
authority
</header>
<text>
For the purpose of carrying out this Act, the President
may enter into such contracts or agreements with States as may be necessary,
including provisions for utilization of existing State administrative
agencies.
</text>
</subsection>
<subsection id="H30170425763A411F860C3524C8049E4A">
<enum>
(e)
</enum>
<header>
Acquisition of
real property
</header>
<text>
The President, or the head of any department or
agency authorized by the President to construct any project or to carry on any
public works under this Act, may acquire real property for such project or
public work by purchase, donation, condemnation, or otherwise.
</text>
</subsection>
</section>
<section id="HF50B6381C1A14A15B9D737F5BA5B4F02">
<enum>
3.
</enum>
<header>
Administration of
Civilian Conservation Corps
</header>
<subsection id="HBF3BBF7985DA42C89012952FC7BC0317">
<enum>
(a)
</enum>
<header>
Employment
preference
</header>
<text display-inline="yes-display-inline">
If the President
determines that amounts appropriated to carry out a Civilian Conservation Corps
under this Act for a fiscal year will be insufficient to employ all of the
citizens of the United States described in section 2(a) who are seeking or
likely to seek employment in the Civilian Conservation Corps and continue the
employment of current employees who desire to remain in the Civilian
Conservation Corps, the President shall employ additional persons in the
Civilian Conservation Corps in the following order of preference:
</text>
<paragraph id="H9AC65C3D34D24E199B77A5196DDAE1FA">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Unemployed veterans of the Armed Forces and
unemployed members of the reserve components of the Armed Forces.
</text>
</paragraph>
<paragraph id="HCFF0E69794A041958A34BB0CF2BA2646">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Unemployed citizens who have exhausted
their entitlement to unemployment compensation.
</text>
</paragraph>
<paragraph id="H98A513A23C864902986BB25E698AB372">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Unemployed citizens, who immediately before
employment in the Civilian Conservation Corps, are eligible for unemployment
compensation payable under any State law or Federal unemployment compensation
law, including any additional compensation or extended compensation under such
laws.
</text>
</paragraph>
<paragraph id="HF04AC839BDA848C8857EEF2D25E226DB">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Other citizens described in section
2(a).
</text>
</paragraph>
</subsection>
<subsection id="H556D156F2B794A4FABD918CB037902A7">
<enum>
(b)
</enum>
<header>
Housing and care
of employees
</header>
<text display-inline="yes-display-inline">
The President
may provide housing for persons employed in the Civilian Conservation Corps and
furnish them with such subsistence, clothing, medical attendance and
hospitalization, and cash allowance, as may be necessary, during the period
they are so employed.
</text>
</subsection>
<subsection id="H8650ABEE117B42AA9D8B490E16F46629">
<enum>
(c)
</enum>
<header>
Transportation
</header>
<text display-inline="yes-display-inline">
The President may provide for the
transportation of persons employed in the Civilian Conservation Corps to and
from the places of employment.
</text>
</subsection>
<subsection id="H5C9CCD87FD7649148E87562893439C86">
<enum>
(d)
</enum>
<header>
Non-Discrimination
</header>
<text display-inline="yes-display-inline">
In employing citizens for the Civilian
Conservation Corps, no discrimination shall occur in accordance with Federal
employment law; except that no individual under conviction for crime and
serving sentence therefore shall be employed under the provisions of this
Act.
</text>
</subsection>
</section>
<section id="H984765329C5540879F1FDEC3F1F7503C">
<enum>
4.
</enum>
<header>
Authorization of
appropriations
</header>
<subsection id="H4283BDA62E7A4353B415EF566CC8C144">
<enum>
(a)
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="yes-display-inline">
There are
authorized to be appropriated to the President $16,000,000,000 for each of
fiscal years 2014 through 2017 to establish and operate a Civilian Conservation
Corps under this Act.
</text>
</subsection>
<subsection id="H382488EE4FB9417DA051C99386630E92">
<enum>
(b)
</enum>
<header>
Use of
unobligated funds appropriated for public works
</header>
<paragraph id="H7219795DB17C4C558C8C5001FFEEF028">
<enum>
(1)
</enum>
<header>
Use of existing
funds
</header>
<text display-inline="yes-display-inline">
The President may use
any moneys previously appropriated for public works and unobligated as of the
date of the enactment of this Act to establish and operate a Civilian
Conservation Corps under this Act.
</text>
</paragraph>
<paragraph id="HE8585FD4688A497F84BA285666CF8E24">
<enum>
(2)
</enum>
<header>
Use to relieve
unemployment
</header>
<text>
Not less than 80 percent of the funds utilized
pursuant to paragraph (1) must be used to provide for the employment of
individuals under this Act.
</text>
</paragraph>
<paragraph id="HF9CD31C886144085BCB40EA0C18950B6">
<enum>
(3)
</enum>
<header>
Exceptions
</header>
<text>
Paragraph
(1) does not apply to—
</text>
<subparagraph id="HC06CFA0D4E9C4220B81ADE11FA69C80D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
unobligated moneys appropriated for public
works on which actual construction has been commenced as of the date of the
enactment of this Act or may be commenced within 90 days after that date;
and
</text>
</subparagraph>
<subparagraph id="HA0D63D96376C4FBFB7F312C205DE17E5">
<enum>
(B)
</enum>
<text>
maintenance funds
for river and harbor improvements already allocated as of the date of the
enactment of this Act.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0E983915A9C240A4A85A67C4BC9EB72D">
<enum>
(c)
</enum>
<header>
Duration of
availability
</header>
<text>
Amounts appropriated pursuant to the authorization
of appropriations in subsection (a) or made available under subsection (b)
shall remain available until expended.
</text>
</subsection>
</section>
<section id="HBB1C2672EEBB4EED8255FC5030A718C5">
<enum>
5.
</enum>
<header>
Termination
</header>
<text display-inline="no-display-inline">
The authority of the President to establish
and operate a Civilian Conservation Corps under this Act expires on September
30, 2017.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 188 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the President to reestablish the Civilian Conservation Corps as a means of providing gainful employment to unemployed and underemployed citizens of the United States through the performance of useful public work, and for other purposes.
1. Short title This Act may be cited as the 21st Century Civilian Conservation Corps Act . 2. Establishment and operation of Civilian Conservation Corps (a) Establishment and purpose In order to relieve the acute condition of widespread distress and unemployment existing in the United States and to provide for the restoration of depleted natural resources in the United States and the advancement of an orderly program of useful public works, the President may establish and operate a Civilian Conservation Corps to employ citizens of the United States, who are otherwise unemployed or underemployed, in the construction, maintenance, and carrying on of works of a public nature in connection with— (1) the forestation of lands belonging to the United States or a State; (2) the prevention of forest fires, floods, and soil erosion; (3) plant pest and disease control; (4) the construction, maintenance, or repair of paths, trails, and fire-lanes in units of the National Park System, public lands, and other lands under the jurisdiction of the Secretary of the Interior and units of the National Forest System; and (5) such other work on Federal or State land incidental to or necessary in connection with any projects of the character enumerated in paragraphs (1) through (4) that the President determines to be desirable. (b) Role of Federal agencies To operate the Civilian Conservation Corps, the President may utilize existing Federal departments and agencies, including the Department of Labor, the Department of Defense, the National Guard Bureau, the Department of the Interior, the Department of Agriculture, the Army Corps of Engineers, the Department of Transportation, the Department of Energy, the Environmental Protection Agency, and Federal governmental corporations. (c) Inclusion of other lands The President may extend the activities of the Civilian Conservation Corps to lands owned by a political subdivision of a State and lands in private ownership, but only for the purpose of conducting such kinds of cooperation work as are otherwise authorized by law in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary and in the public interest to control floods. (d) Contract authority For the purpose of carrying out this Act, the President may enter into such contracts or agreements with States as may be necessary, including provisions for utilization of existing State administrative agencies. (e) Acquisition of real property The President, or the head of any department or agency authorized by the President to construct any project or to carry on any public works under this Act, may acquire real property for such project or public work by purchase, donation, condemnation, or otherwise. 3. Administration of Civilian Conservation Corps (a) Employment preference If the President determines that amounts appropriated to carry out a Civilian Conservation Corps under this Act for a fiscal year will be insufficient to employ all of the citizens of the United States described in section 2(a) who are seeking or likely to seek employment in the Civilian Conservation Corps and continue the employment of current employees who desire to remain in the Civilian Conservation Corps, the President shall employ additional persons in the Civilian Conservation Corps in the following order of preference: (1) Unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces. (2) Unemployed citizens who have exhausted their entitlement to unemployment compensation. (3) Unemployed citizens, who immediately before employment in the Civilian Conservation Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws. (4) Other citizens described in section 2(a). (b) Housing and care of employees The President may provide housing for persons employed in the Civilian Conservation Corps and furnish them with such subsistence, clothing, medical attendance and hospitalization, and cash allowance, as may be necessary, during the period they are so employed. (c) Transportation The President may provide for the transportation of persons employed in the Civilian Conservation Corps to and from the places of employment. (d) Non-Discrimination In employing citizens for the Civilian Conservation Corps, no discrimination shall occur in accordance with Federal employment law; except that no individual under conviction for crime and serving sentence therefore shall be employed under the provisions of this Act. 4. Authorization of appropriations (a) Authorization of appropriations There are authorized to be appropriated to the President $16,000,000,000 for each of fiscal years 2014 through 2017 to establish and operate a Civilian Conservation Corps under this Act. (b) Use of unobligated funds appropriated for public works (1) Use of existing funds The President may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this Act to establish and operate a Civilian Conservation Corps under this Act. (2) Use to relieve unemployment Not less than 80 percent of the funds utilized pursuant to paragraph (1) must be used to provide for the employment of individuals under this Act. (3) Exceptions Paragraph (1) does not apply to— (A) unobligated moneys appropriated for public works on which actual construction has been commenced as of the date of the enactment of this Act or may be commenced within 90 days after that date; and (B) maintenance funds for river and harbor improvements already allocated as of the date of the enactment of this Act. (c) Duration of availability Amounts appropriated pursuant to the authorization of appropriations in subsection (a) or made available under subsection (b) shall remain available until expended. 5. Termination The authority of the President to establish and operate a Civilian Conservation Corps under this Act expires on September 30, 2017. |
113-hr-189-ih-dtd | 113-hr-189 | 113 | hr | 189 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr189ih.xml | BILLS-113hr189ih.xml | 2023-01-08 17:42:43.879 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H11CC444E3BC1497CA0FED6CFA83D82F5" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 189 IH: Transparency and Security in Mortgage Registration Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 189
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from
owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic
Registration Systems or for which MERS is the mortgagee of
record.
</official-title>
</form>
<legis-body id="HAE9AD378E9CB41A683C010066C5BC151" style="OLC">
<section id="HE8800EA97F2345C59D459EC5E04D805E" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Transparency and Security in Mortgage
Registration Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H322362DED0A04D949797A48896637EE3">
<enum>
2.
</enum>
<header>
Prohibition on
guaranteeing MERS mortgages
</header>
<subsection id="HB86E79F99DAF4964B4970290C748FA41">
<enum>
(a)
</enum>
<header>
Fannie Mae and
Freddie Mac
</header>
<paragraph id="HEA582D54AB53441CA1F2326A4A9CBD94">
<enum>
(1)
</enum>
<header>
Fannie
Mae
</header>
<text>
Section 302(b) of the National Housing Act (12 U.S.C.
1717(b)) is amended by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HE9A8C68453A3427F9E8D39526ACAED62" style="OLC">
<paragraph id="HE267107F280E454C832D2DBED94A2266" indent="up1">
<enum>
(7)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H8F3D062D97984C498C45D810ECFB01F0">
<enum>
(A)
</enum>
<text>
After the date of the
enactment of the
<short-title>
Transparency and Security in
Mortgage Registration Act of 2013
</short-title>
, the corporation may not
purchase, acquire, newly lend on the security of, newly invest in securities
consisting of, or otherwise newly deal in any MERS mortgage or
mortgages.
</text>
</subparagraph>
<subparagraph id="H3BEF72EA637E48619D0056A2D0929891" indent="up1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
After the expiration of the period under
subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record
on any mortgage owned, guaranteed, or securitized by the corporation. Not later
than the expiration of such period, the corporation shall require that all
mortgage loans owned, guaranteed, or securitized at such time by the
corporation and on which MERS is the named mortgagee or mortgagee of record
shall be assigned to the servicer, holder, or creditor, as defined by the
guidelines of the corporation. The corporation shall not reimburse the
servicer, holder, or creditor for any expense incurred in the carrying out or
recording such an assignment.
</text>
</subparagraph>
<subparagraph id="HDF04BEC4D24E4AF9AF056FFD5F5230BC" indent="up1">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H6F4D5E52EAEB49AFACCCA40274F7F185">
<enum>
(i)
</enum>
<text>
Except as provided in
clause (ii), the period under this subparagraph is the 6-month period beginning
on the date of the enactment of the Transparency and Security in Mortgage
Registration Act of 2013.
</text>
</clause>
<clause id="H8B6A9ECE9835420A838B5F7F783274EB" indent="up1">
<enum>
(ii)
</enum>
<text>
In the case of any mortgage owned,
guaranteed, or securitized by the corporation for which the servicer, holder,
or creditor has demonstrated to the corporation, in accordance with standards
established by the Director of the Federal Housing Finance Agency, that
compliance with subparagraph (B) by the expiration of such 6-month period will
cause a severe threat to the continued financial viability of such entity, the
period under this subparagraph shall be the period that begins on such date of
enactment and has such duration as determined by the corporation, in accordance
with standards established by the Director, but in no case has a duration
longer than 12 months.
</text>
</clause>
</subparagraph>
<subparagraph id="H8ED6F3F577264914A8D8349179B05569" indent="up1">
<enum>
(D)
</enum>
<text>
Not later than the expiration of the
6-month period referred to in subparagraph (C)(i), the corporation shall submit
a report detailing its compliance with subparagraph (B) to the Congress, the
Director of the Federal Housing Finance Agency, the Financial Stability
Oversight Council, and the Director of the Bureau of Consumer Financial
Protection of the Federal Reserve System, which shall describe any extensions
of the period for compliance with subparagraph (B) granted pursuant to
subparagraph (C).
</text>
</subparagraph>
<subparagraph id="H7FF1942A93A64DC4893E5FE665D5A8C3" indent="up1">
<enum>
(E)
</enum>
<text>
For purposes of this paragraph, the
following definitions shall apply:
</text>
<clause id="HE222C52637524D20A4D243849563AFAA">
<enum>
(i)
</enum>
<text>
The term
<term>
MERS
</term>
means the
Mortgage Electronic Registration Systems, Inc., or any successor entity of such
corporation.
</text>
</clause>
<clause id="HDF64AAFBCDC246A5BF95411FC876DAC1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
MERS mortgage
</term>
means
any mortgage—
</text>
<subclause id="H47D551BBE855427CB5FC1A0FB11C728A">
<enum>
(I)
</enum>
<text>
for which the MERS is, or was at
any time, the original or nominal mortgagee or mortgagee of record under the
mortgage;
</text>
</subclause>
<subclause id="H2D13E53BD73B4283A1DE567C5BA99C57">
<enum>
(II)
</enum>
<text>
that is, or was at any time,
assigned to or recorded in the MERS; or
</text>
</subclause>
<subclause id="H69428B9839354A28AB675A32A3C9A491">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
for which the MERS is, or was at any time,
acting as nominee in the county land records for the lender or servicer of the
mortgage.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA5DBEDC0D08F48C3BB5BBEBEEE816E5A">
<enum>
(2)
</enum>
<header>
Freddie
Mac
</header>
<text display-inline="yes-display-inline">
Section 305(a) of the
Federal Home Loan Mortgage Corporation Act (
<external-xref legal-doc="usc" parsable-cite="usc/12/1454">
12 U.S.C. 1454(a)
</external-xref>
) is amended by
adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H480821EF2C4340D6A8F6ECC1403E043B" style="OLC">
<paragraph id="H1A71CA87EE7E49498648DF3D9CEEE9FE" indent="up1">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H8F15D7FF2CB34EAC94AE3BAD3529A8CF">
<enum>
(A)
</enum>
<text>
After the date of the
enactment of the
<short-title>
Transparency and Security in
Mortgage Registration Act of 2013
</short-title>
, the Corporation may not
purchase, acquire, newly lend on the security of, newly invest in securities
consisting of, or otherwise newly deal in any MERS mortgage or
mortgages.
</text>
</subparagraph>
<subparagraph id="H5857CFF9E3804CE0B5C5AA0ED7DA72BE" indent="up1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
After the expiration of the period under
subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record
on any mortgage owned, guaranteed, or securitized by the Corporation. Not later
than the expiration of such period, the Corporation shall require that all
mortgage loans owned, guaranteed, or securitized at such time by the
Corporation and on which MERS is the named mortgagee or mortgagee of record
shall be assigned to the servicer, holder, or creditor, as defined by the
guidelines of the Corporation. The Corporation shall not reimburse the
servicer, holder, or creditor for any expense incurred in the carrying out or
recording such an assignment.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H0C00B839164140E198DFC86F53F6A074" indent="up1">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H1CF5B328F7F547ABBF354B4CE5526A76">
<enum>
(i)
</enum>
<text>
Except as provided in
clause (ii), the period under this subparagraph is the 6-month period beginning
on the date of the enactment of the Transparency and Security in Mortgage
Registration Act of 2013.
</text>
</clause>
<clause id="H7AB0A3DE224E4CE9ACB009B6DD5255EE" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
In the case of any mortgage owned,
guaranteed, or securitized by the Corporation for which the servicer, holder,
or creditor has demonstrated to the Corporation, in accordance with standards
established by the Director of the Federal Housing Finance Agency, that
compliance with subparagraph (B) by the expiration of such 6-month period will
cause a severe threat to the continued financial viability of such entity, the
period under this subparagraph shall be the period that begins on such date of
enactment and has such duration as determined by the Corporation, in accordance
with standards established by the Director, but in no case has a duration
longer than 12 months.
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HBF83F2DBD13148DB84DA56CC19730810" indent="up1">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
Not later than the expiration of the
6-month period referred to in subparagraph (C)(i), the Corporation shall submit
a report detailing its compliance with subparagraph (B) to the Congress, the
Director of the Federal Housing Finance Agency, the Financial Stability
Oversight Council, and the Director of the Bureau of Consumer Financial
Protection of the Federal Reserve System, which shall describe any extensions
of the period for compliance with subparagraph (B) granted pursuant to
subparagraph (C).
</text>
</subparagraph>
<subparagraph id="H0FC6388E8B6A4DBA9FBB5F2175D51956" indent="up1">
<enum>
(E)
</enum>
<text>
For purposes of this paragraph, the
following definitions shall apply:
</text>
<clause id="H6D3D959853D743E68A7AEC633C113DAC">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
MERS
</term>
means the
Mortgage Electronic Registration Systems, Inc., or any successor entity of such
corporation.
</text>
</clause>
<clause id="H38339D0F121A46D498FE31C3C602821C">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
MERS mortgage
</term>
means
any mortgage—
</text>
<subclause id="H1710D9BA80B04457A930C55A582B0857">
<enum>
(I)
</enum>
<text>
for which the MERS is, or was at
any time, the original or nominal mortgagee or mortgagee of record under the
mortgage;
</text>
</subclause>
<subclause id="HED50BAAE698A4D92B71004BF297D6092">
<enum>
(II)
</enum>
<text>
that is, or was at any time,
assigned to or recorded in the MERS; or
</text>
</subclause>
<subclause id="HAADBDF2213544854B00514391E50B509">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
for which the MERS is, or was at any time,
acting as nominee in the county land records for the lender or servicer of the
mortgage.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H960B0C8010EC4E688F6B93430026E12D">
<enum>
(3)
</enum>
<header>
Regulations
</header>
<text display-inline="yes-display-inline">
Not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act, the Director of the
Federal Housing Finance Agency shall issue any regulations necessary to carry
out the amendments made by paragraphs (1) and (2). In issuing such regulations,
the Director shall consult and coordinate with the Secretary of Housing and
Urban Development to ensure that the regulations issued by the Director and the
regulations issued by the Secretary pursuant to subsection (b)(2) of this
section are uniform and consistent to maximum extent possible.
</text>
</paragraph>
</subsection>
<subsection id="H4FC6D0204C1E43BEA815EA2F2DCC6919">
<enum>
(b)
</enum>
<header>
Ginnie
Mae
</header>
<paragraph id="H783C5CFAB43D488D89A16BBD8354C69B">
<enum>
(1)
</enum>
<header>
Prohibition
</header>
<text display-inline="yes-display-inline">
Section 302(c) of the National Housing Act
(
<external-xref legal-doc="usc" parsable-cite="usc/12/1717">
12 U.S.C. 1717(c)
</external-xref>
) is amended by adding at the end the following new
paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HFBC7247E358A4313884910B8E3995D32" style="OLC">
<paragraph display-inline="no-display-inline" id="HA2221FE7D8E04F459E9FF583C06EDB58" indent="up1">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HE28F4A55FCC44299A2F80CB5C2127872">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
After the date of the enactment of the
<short-title>
Transparency and Security in Mortgage
Registration Act of 2013
</short-title>
, the Association may not newly guarantee
the payment of principal of or interest on any trust certificate or other
security based or backed by a trust or pool that contains, or purchase or
acquire, any MERS mortgage.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H982E91EEFC3249B98B51E502AD9185A9" indent="up1">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H688B5C03517A450898AD3DDA68290FEC">
<enum>
(i)
</enum>
<text>
After the expiration of
the period under subparagraph (C), MERS shall not be the named mortgagee or
mortgagee of record on any mortgage owned or held by the Association or on any
mortgage contained in a pool backing or on which is based any trust certificate
or other security the payment of principal of or interest on which is
guaranteed by the Association.
</text>
</clause>
<clause id="H441779D2682F4E8398040979378B162F" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
Not later than the expiration of such
period, the Association shall require that all mortgage loans that are owned or
held at such time by the Association, or that at such time are contained in a
trust or pool backing or on which is based a trust certificate or other
security the payment of principal of or interest on which is guaranteed by the
Association, and on which MERS is the named mortgagee or mortgagee of record,
shall be assigned to the servicer, holder, or creditor, as defined by the
guidelines of the Association. The Association shall not reimburse the
servicer, holder, or creditor for any expense incurred in the carrying out or
recording such an assignment.
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HA852AAB95D3A402F967C4E8F22BFEA7C" indent="up1">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H970C8950B99948C397221E8341D48FAB">
<enum>
(i)
</enum>
<text>
Except as provided in
clause (ii), the period under this subparagraph is the 6-month period beginning
on the date of the enactment of the Transparency and Security in Mortgage
Registration Act of 2013.
</text>
</clause>
<clause id="H0E132230E6734B0686795073F0BC3FC9" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
In the case of any mortgage owned or held
by the Association, or contained in a trust or pool backing or on which is
based a trust certificate or other security the payment of principal of or
interest on which is guaranteed by the Association, for which the servicer,
holder, or creditor has demonstrated to the Association, in accordance with
standards established by the Secretary, that compliance with subparagraph (B)
by the expiration of such 6-month period will cause a severe threat to the
continued financial viability of such entity, the period under this
subparagraph shall be the period that begins on such date of enactment and has
such duration as determined by the Association, in accordance with standards
established by the Secretary, but in no case has a duration longer than 12
months.
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HC61B2BB2965E4604879C22CD76B8AC2B" indent="up1">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
Not later than the expiration of the
6-month period described in subparagraph (C)(i), the Association shall submit a
report detailing its compliance with subparagraph (B) to the Congress, the
Secretary, the Financial Stability Oversight Council, and the Director of the
Bureau of Consumer Financial Protection of the Federal Reserve System, which
shall describe any extensions of the period for compliance with subparagraph
(B) granted pursuant to subparagraph (C).
</text>
</subparagraph>
<subparagraph id="H8461787A1B954919962BAC2269CB12BC" indent="up1">
<enum>
(E)
</enum>
<text>
For purposes of this paragraph, the
following definitions shall apply:
</text>
<clause id="H9D0EEBC9A59548C2A772D25FCDE01E05">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
MERS
</term>
means the
Mortgage Electronic Registration Systems, Inc., or any successor entity of such
corporation.
</text>
</clause>
<clause id="H983D7BD74A814AA2AAE19E883E7562E5">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
MERS mortgage
</term>
means
any mortgage—
</text>
<subclause id="H9753D86304814428BCA61C3DEE20C229">
<enum>
(I)
</enum>
<text>
for which the MERS is, or was at
any time, the original or nominal mortgagee or mortgagee of record under the
mortgage;
</text>
</subclause>
<subclause id="H04C938B02E2A4A249F1B0D64573BCCF3">
<enum>
(II)
</enum>
<text>
that is, or was at any time,
assigned to or recorded in the MERS; or
</text>
</subclause>
<subclause id="H259A33B9642C4CBDB84AF2DE4D9F88D7">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
for which the MERS is, or was at any time,
acting as nominee in the county land records for the lender or servicer of the
mortgage.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H78C0B29388DB43CFA2249BA3C3CC953E">
<enum>
(2)
</enum>
<header>
Regulations
</header>
<text display-inline="yes-display-inline">
Not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall issue any regulations necessary to carry
out the amendments made by paragraphs (1) and (2). In issuing such regulations,
the Secretary shall consult and coordinate with the Director of the Federal
Housing Finance Agency to ensure that the regulations issued by the Secretary
and the regulations issued by the Director pursuant to subsection (a)(3) of
this section are uniform and consistent to maximum extent possible.
</text>
</paragraph>
</subsection>
</section>
<section id="HFE7B094AD8B3485F81B5E0F0E6DEA51E">
<enum>
3.
</enum>
<header>
HUD
study
</header>
<subsection id="H8920C56DEC79434697CD4E505BEF2512">
<enum>
(a)
</enum>
<header>
Study
</header>
<text display-inline="yes-display-inline">
The Secretary of Housing and Urban
Development, in consultation with the Comptroller General of the United States,
shall conduct a study to analyze and determine—
</text>
<paragraph id="HD350B729762E44ADAB8F2C07B94420CB">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
the impacts of the lack of electronic
records and uniform standards found in local land title recordation systems
currently used in the various States;
</text>
</paragraph>
<paragraph id="H8D61798CBB0E4F7B9D94742E676173FF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
any progress States have made in developing
electronic land title recordation systems for their localities that contain
uniform standards, and any findings and conclusions and best practices
resulting from such development;
</text>
</paragraph>
<paragraph id="H9506292BEA504BB9B57C2FCA5ACB3E8C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
the current oversight role of the Federal
Government in the transfer and recordation of land titles;
</text>
</paragraph>
<paragraph id="HFB9B8617CEA346C9861F5B59D159670D">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
opportunities, and the feasibility of such
opportunities, that may be present to leverage progress made by some States and
localities to create an electronic land title recordation system, including
through—
</text>
<subparagraph id="HEFE9F9CB94AA4E07954AA5B5B95166AB">
<enum>
(A)
</enum>
<text>
a system that
would maintain all previous records of the land-property without invalidating,
interfering with, or preempting State real property law governing the transfer
and perfection of land title; and
</text>
</subparagraph>
<subparagraph id="H71D0F659C9B04569BF8D72E95C27C3C9">
<enum>
(B)
</enum>
<text>
further actions by
the States or by the Federal Government, or coordinated actions of both;
and
</text>
</subparagraph>
</paragraph>
<paragraph id="HE8230813AE9A4DDBBE2518305021ECFC">
<enum>
(5)
</enum>
<text>
the feasibility of
creating a Federal land title recordation system for property transfers that
would maintain all previous records of the land-property without invalidating,
interfering with, or preempting State real property law governing the transfer
and perfection of land title.
</text>
</paragraph>
</subsection>
<subsection id="HB2546E77F36E44F48A1446B05755F1EA">
<enum>
(b)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Not later than the expiration of the
12-month period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development, in consultation with the
Comptroller General of the United States, shall submit to the Congress a report
on the results and findings of the study conducted under this section.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 189 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record.
1. Short title This Act may be cited as the Transparency and Security in Mortgage Registration Act of 2013 . 2. Prohibition on guaranteeing MERS mortgages (a) Fannie Mae and Freddie Mac (1) Fannie Mae Section 302(b) of the National Housing Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: (7) (A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013 , the corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. (B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the corporation. Not later than the expiration of such period, the corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the corporation. The corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. (C) (i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013. (ii) In the case of any mortgage owned, guaranteed, or securitized by the corporation for which the servicer, holder, or creditor has demonstrated to the corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. (D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). (E) For purposes of this paragraph, the following definitions shall apply: (i) The term MERS means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. (ii) The term MERS mortgage means any mortgage— (I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; (II) that is, or was at any time, assigned to or recorded in the MERS; or (III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage. . (2) Freddie Mac Section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) (A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013 , the Corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. (B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the Corporation. Not later than the expiration of such period, the Corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the Corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Corporation. The Corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. (C) (i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013. (ii) In the case of any mortgage owned, guaranteed, or securitized by the Corporation for which the servicer, holder, or creditor has demonstrated to the Corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. (D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the Corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). (E) For purposes of this paragraph, the following definitions shall apply: (i) The term MERS means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. (ii) The term MERS mortgage means any mortgage— (I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; (II) that is, or was at any time, assigned to or recorded in the MERS; or (III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage. . (3) Regulations Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Director shall consult and coordinate with the Secretary of Housing and Urban Development to ensure that the regulations issued by the Director and the regulations issued by the Secretary pursuant to subsection (b)(2) of this section are uniform and consistent to maximum extent possible. (b) Ginnie Mae (1) Prohibition Section 302(c) of the National Housing Act ( 12 U.S.C. 1717(c) ) is amended by adding at the end the following new paragraph: (6) (A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013 , the Association may not newly guarantee the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. (B) (i) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned or held by the Association or on any mortgage contained in a pool backing or on which is based any trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association. (ii) Not later than the expiration of such period, the Association shall require that all mortgage loans that are owned or held at such time by the Association, or that at such time are contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, and on which MERS is the named mortgagee or mortgagee of record, shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Association. The Association shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. (C) (i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013. (ii) In the case of any mortgage owned or held by the Association, or contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, for which the servicer, holder, or creditor has demonstrated to the Association, in accordance with standards established by the Secretary, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Association, in accordance with standards established by the Secretary, but in no case has a duration longer than 12 months. (D) Not later than the expiration of the 6-month period described in subparagraph (C)(i), the Association shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Secretary, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). (E) For purposes of this paragraph, the following definitions shall apply: (i) The term MERS means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. (ii) The term MERS mortgage means any mortgage— (I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; (II) that is, or was at any time, assigned to or recorded in the MERS; or (III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage. . (2) Regulations Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Secretary shall consult and coordinate with the Director of the Federal Housing Finance Agency to ensure that the regulations issued by the Secretary and the regulations issued by the Director pursuant to subsection (a)(3) of this section are uniform and consistent to maximum extent possible. 3. HUD study (a) Study The Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall conduct a study to analyze and determine— (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various States; (2) any progress States have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development; (3) the current oversight role of the Federal Government in the transfer and recordation of land titles; (4) opportunities, and the feasibility of such opportunities, that may be present to leverage progress made by some States and localities to create an electronic land title recordation system, including through— (A) a system that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title; and (B) further actions by the States or by the Federal Government, or coordinated actions of both; and (5) the feasibility of creating a Federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title. (b) Report Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall submit to the Congress a report on the results and findings of the study conducted under this section. |
113-hr-190-ih-dtd | 113-hr-190 | 113 | hr | 190 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr190ih.xml | BILLS-113hr190ih.xml | 2023-01-08 17:42:43.283 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H041062357A824FE782B15EBD070B506A" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 190 IH: Produce the Note Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 190
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require the filing of certain information regarding a
residential mortgage in any proceeding for foreclosure of the
mortgage.
</official-title>
</form>
<legis-body id="H008693C009D149A799B161391B9BB83D" style="OLC">
<section id="H4CBBADB00222469884515E5F3680D0DF" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Produce the Note Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HB925319B978D4ADAA6FC07D7B2FB11A1">
<enum>
2.
</enum>
<header>
Required
information and notice
</header>
<text display-inline="no-display-inline">
Notwithstanding any other provision of State
or Federal law, no foreclosure, whether judicial or nonjudicial, may be
commenced with respect to a covered residential mortgage unless the person
commencing the foreclosure complies with all of the following
requirements:
</text>
<paragraph id="HBE2542671AB649E5801FA1887EC5273A">
<enum>
(1)
</enum>
<header>
Submission of
information
</header>
<text display-inline="yes-display-inline">
The person
commencing the foreclosure shall submit to the court, in the case of a judicial
foreclosure, or to the office of the State or other subdivision of the State to
which notice of default, foreclosure, or sale of the foreclosed property is
required under State law to be submitted, in the case of a nonjudicial
foreclosure, a report prepared by an independent party that includes the
following information:
</text>
<subparagraph id="HCCDCD5324D8D42D3B9742224C4E119AA">
<enum>
(A)
</enum>
<text>
A statement of
findings as to whether the covered residential mortgage was made and serviced
in compliance with the terms of, and regulations under, the following
laws:
</text>
<clause id="HF6FC8C893A5149FB9FC83D21C06F0AE4">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The Truth in Lending Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/1601">
15 U.S.C. 1601
</external-xref>
)
and Regulation Z of the Board of Governors of the Federal Reserve System under
such Act.
</text>
</clause>
<clause id="HC844125F1B3E45A7B7FB0FD8F059FCD4">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
The Equal Credit Opportunity Act (15 U.S.C.
1691 et seq.) and Regulation B of the Board of Governors of the Federal Reserve
System under such Act.
</text>
</clause>
<clause id="H7B6677D02E584D27B54F159AC36585D2">
<enum>
(iii)
</enum>
<text>
The Fair Debt
Collection Practices Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/1692">
15 U.S.C. 1692 et seq.
</external-xref>
).
</text>
</clause>
<clause id="H7CFB89627F7F4081AD5CAC7B69C45B69">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
The Federal Fair Credit Reporting Act (15
U.S.C. 1681 et seq.).
</text>
</clause>
<clause id="HAB0E93A030D24947A35E9229CC3FD72A">
<enum>
(v)
</enum>
<text>
The
Real Estate Settlement Procedures Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/12/2601">
12 U.S.C. 2601 et seq.
</external-xref>
) and
Regulation X of the Secretary of Housing and Urban Development under such
Act.
</text>
</clause>
<clause id="HE7C6C79B73AD476D9780B4A5AC3179B5">
<enum>
(vi)
</enum>
<text>
The
Flood Disaster Protection Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/42/2002">
42 U.S.C. 2002 et seq.
</external-xref>
).
</text>
</clause>
<clause id="H2AB10662FB2848D09B6A52C7575E1D40">
<enum>
(vii)
</enum>
<text>
The Fair Housing
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3601">
42 U.S.C. 3601 et seq.
</external-xref>
).
</text>
</clause>
<clause id="HF7255AFB10AA476A83EAFABF8D0ADCA4">
<enum>
(viii)
</enum>
<text>
The Home
Mortgage Disclosure Act of 1975 (
<external-xref legal-doc="usc" parsable-cite="usc/12/2801">
12 U.S.C. 2801 et seq.
</external-xref>
).
</text>
</clause>
<clause id="HF5A1014E023046A18EB5EAF6BD1B738C">
<enum>
(ix)
</enum>
<text>
The
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public
Law 101–73).
</text>
</clause>
<clause id="HAFD8D925A4484295800E7B227B621B9D">
<enum>
(x)
</enum>
<text>
Any
applicable provisions of State and local law relating to real estate lending or
consumer protection.
</text>
</clause>
</subparagraph>
<subparagraph id="H6012E7FF205A4EC28107D597E9B9ECD0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
Certification of any mortgage modification
efforts that were employed and any offers made to the mortgagor by the person
commencing the foreclosure.
</text>
</subparagraph>
<subparagraph id="H1FBF172872C84F2E8CD18089204C69DE">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
If any noncompliance is found pursuant to
subparagraph (A), a statement as to whether the violations are such that the
mortgagor should be afforded an extended right, beyond the period permitted
under State law—
</text>
<clause id="H0B88664A01FF4B488C752C02CFCA4E07">
<enum>
(i)
</enum>
<text>
to
rescind the mortgage in defense of the foreclosure; or
</text>
</clause>
<clause id="H429779E7C4DB49CEAE942451AB949A24">
<enum>
(ii)
</enum>
<text>
to
redeem the mortgage.
</text>
</clause>
</subparagraph>
<subparagraph id="H93BD36B145444A6386D983391453BF64">
<enum>
(D)
</enum>
<text>
Identification
of—
</text>
<clause id="HB5F6E3C7C867437D8812A314EB2A4E62">
<enum>
(i)
</enum>
<text>
the
actual holder of the mortgage note, the originating lender for the mortgage and
all subsequent assignees, and all other parties who have an interest in the
real estate that is subject to the mortgage or in the mortgage or the proceeds
of the mortgage; and
</text>
</clause>
<clause id="H40B7510045D24769879ED9AEEDE9CCB0">
<enum>
(ii)
</enum>
<text>
any
parties identified pursuant to clause (i) that received any assistance pursuant
to title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211
et seq.) and the amount of any such assistance received.
</text>
</clause>
</subparagraph>
<subparagraph id="H3D0C5A431D7044DB97C6C198327071D2">
<enum>
(E)
</enum>
<text>
A statement of
whether a bona fide default on the covered mortgage has occurred.
</text>
</subparagraph>
<subparagraph id="H01A3355151044AD6B72860F887107116">
<enum>
(F)
</enum>
<text>
A description of
any hardship circumstances regarding the economic circumstances of the
mortgagor that would be relevant to a determination by the mortgagee of whether
to modify the mortgage.
</text>
</subparagraph>
<subparagraph id="H7C1397B4C27447E1824B32F0AF6916EA">
<enum>
(G)
</enum>
<text>
A statement of
whether the mortgage is insured under title II of the National Housing Act (12
U.S.C. 1707 et seq.).
</text>
</subparagraph>
<subparagraph id="H5544529FE18E41F2B9D1E2F2EBE761F1">
<enum>
(H)
</enum>
<text>
A statement of
whether the mortgage is, or any terms of the mortgage are, unfair or constitute
an unfair or deceptive act or practice violating the Federal Trade Commission
Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/41">
15 U.S.C. 41 et seq.
</external-xref>
), and if so, a description of the unfairness or the
unfair or deceptive act or practice.
</text>
</subparagraph>
<subparagraph id="HAA1178450E834E3F8745DA65FB3902A1">
<enum>
(I)
</enum>
<text>
A statement of
whether any material misrepresentations were made that fraudulently induced the
mortgagor to enter into the transaction to his or her detriment, and if so, a
description of such misrepresentation.
</text>
</subparagraph>
<subparagraph id="H29BE077852F24FDAB3B243612371FCF3">
<enum>
(J)
</enum>
<text>
Identification of
any offsets to the creditor claim on the mortgage.
</text>
</subparagraph>
<subparagraph id="H6A7FAA274DC343FB8C4720DC3E01D78B">
<enum>
(K)
</enum>
<text>
A statement of the
racial characteristics, gender, census tract, and income level of the
mortgagor, as such terms are used for purposes of compliance with the Home
Mortgage Disclosure Act of 1975 (
<external-xref legal-doc="usc" parsable-cite="usc/12/2801">
12 U.S.C. 2801 et seq.
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="H1D9228BFD0CA4759B8FD1A6DC59B3DED">
<enum>
(2)
</enum>
<header>
Required
notification
</header>
<text display-inline="yes-display-inline">
The person
commencing the foreclosure shall provide notice to the mortgagor, in writing,
not less than 5 days before any action is taken to commence the proceeding or
action for foreclosure, and shall certify to the court, in the case of a
judicial foreclosure, or to the office of the State or other subdivision of the
State to which notice of default, foreclosure, or sale of the foreclosed
property is required under State law to be submitted in the case of a
nonjudicial foreclosure, that such notice has been provided, that includes the
following information:
</text>
<subparagraph id="H4A23D416709C42799BAE42F50299D257">
<enum>
(A)
</enum>
<text>
A statement of any
rights of the mortgagor under the applicable laws governing the foreclosure and
consumer rights.
</text>
</subparagraph>
<subparagraph id="HAEF32FBF0B194B8497DB39E726B16AB3">
<enum>
(B)
</enum>
<text>
A statement of any
deadlines for filing answers, defenses, or objections to the foreclosure,
including those rights of the mortgagor under the Real Estate Settlement
Procedures Act of 1974 and any applicable State laws.
</text>
</subparagraph>
<subparagraph id="HFE08A23ED4EA470790E396EF1BB0FCFF">
<enum>
(C)
</enum>
<text>
A statement of any
penalties and other consequences for the mortgagor if the mortgagor does not
respond or file answers to the foreclosure.
</text>
</subparagraph>
<subparagraph id="H04802AF83FE243A08E173E142F882C63">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
A statement of the amounts claimed to be in
arrears under the mortgage and needed to reinstate the account and all
associated costs and fees, set forth in itemized and distinct categories, and
current and correct contact information, including telephone numbers,
electronic mail addresses, and postal addresses, at which the mortgagor can
obtain further information regarding the mortgage account.
</text>
</subparagraph>
<subparagraph id="H14C39035A45F4F8388CD341CE82EF3EB">
<enum>
(E)
</enum>
<text>
A description of
any additional options, such as mortgage workout, modification, mitigation, and
redemption, that might be available to the mortgagor to prevent the foreclosure
from proceeding and a description of how the mortgagor can obtain additional
information regarding such options.
</text>
</subparagraph>
<subparagraph id="HBFC67D5DC46146209E6A2E8DB3538F16">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
A statement of the correct names, telephone
numbers, electronic mail addresses, postal addresses, and any State licensing
numbers of the mortgage holder, the mortgage servicer, and the person or
persons authorized to take the actions described pursuant to subparagraph
(E).
</text>
</subparagraph>
</paragraph>
</section>
<section id="H9C5FFEA60C8A427F99214D595ACD9F72">
<enum>
3.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
For purposes of this Act, the following
definitions shall apply:
</text>
<paragraph id="HBD622E3F72744AE2801B14583A4F07E7">
<enum>
(1)
</enum>
<header>
Independent
party
</header>
<text display-inline="yes-display-inline">
The term
<term>
independent party
</term>
means, with respect to foreclosure on a covered
residential mortgage, an individual who has no interest in, or affiliation
with, any party involved in such foreclosure or with the covered residential
mortgage involved in such foreclosure, including any party that owns, manages,
controls, or directs such an involved party, any party that is owned, managed,
controlled, or directed by such an involved party, or any party that is under
common ownership, management, control, or direction with such an involved
party.
</text>
</paragraph>
<paragraph id="H9771A54EAE3F44D9ACCF1351D1991F98">
<enum>
(2)
</enum>
<header>
Covered
residential mortgage
</header>
<text>
The term
<term>
covered residential
mortgage
</term>
means a mortgage that meets the following requirements:
</text>
<subparagraph id="H2B1AE7A1E20E4E92BCEBCF7DD07215B8">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
The property securing the obligation under
the mortgage shall be a one- to four-family dwelling, including a condominium
or a share in a cooperative ownership housing association.
</text>
</subparagraph>
<subparagraph commented="no" id="HD69C05AAD78049AFB22F5E7A00DC529B">
<enum>
(B)
</enum>
<text>
The mortgagor
under the mortgage shall occupy the property securing the obligation under the
mortgage as his or her principal residence.
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H387E66572D0B4E198AB648FFBB6C4198">
<enum>
(3)
</enum>
<header>
Mortgage
</header>
<subparagraph id="H283A59234111422C80A0C966B8FDBDBD">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The term
<term>
mortgage
</term>
means a deed of trust, mortgage, deed to secure debt,
security agreement, or any other form of instrument under which any property
(real, personal, or mixed), or any interest in property (including leaseholds,
life estates, reversionary interests, and any other estates under applicable
State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise
rendered subject to a lien for the purpose of securing the payment of money or
the performance of an obligation.
</text>
</subparagraph>
<subparagraph id="H80EE7F29E5EE4560A84FF6BB8F778147">
<enum>
(B)
</enum>
<header>
Condominiums and
cooperatives
</header>
<text>
Such term includes a first mortgage given to
secure—
</text>
<clause id="H82397E59A8304822A1ED761FC5B07E61">
<enum>
(i)
</enum>
<text>
the
unpaid purchase price of a fee interest in, or a long-term leasehold interest
in, a one-family unit in a multifamily project, including a project in which
the dwelling units are attached or are manufactured housing units,
semi-detached, or detached, and an undivided interest in the common areas and
facilities that serve the project; or
</text>
</clause>
<clause id="H724E96D170124B70A5AA60CBE6865635">
<enum>
(ii)
</enum>
<text>
repayment of a
loan made to finance the purchase of stock or membership in a cooperative
housing corporation the permanent occupancy of dwelling units of which is
restricted to members of such corporation, where the purchase of such stock or
membership entitles the purchaser to the permanent occupancy of one of such
units.
</text>
</clause>
</subparagraph>
</paragraph>
</section>
<section id="H1CF6B820EA314A318C42F06AF9D2E28C">
<enum>
4.
</enum>
<header>
Relation to State
law
</header>
<text display-inline="no-display-inline">
This Act does not annul,
alter, or affect, or exempt any person subject to the provisions of this Act
from complying with, the laws of any State or subdivision thereof with respect
to foreclosure on a residential mortgage, except to the extent that those laws
are inconsistent with any provision of this Act, and then only to the extent of
the inconsistency. No provision of the laws of any State or subdivision thereof
may be determined to be inconsistent with any provision of this Act if such law
is determined to require greater disclosure or notice than is required under
this Act or to provide greater protection to the mortgagee than is required
under this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 190 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the filing of certain information regarding a residential mortgage in any proceeding for foreclosure of the mortgage.
1. Short title This Act may be cited as the Produce the Note Act of 2013 . 2. Required information and notice Notwithstanding any other provision of State or Federal law, no foreclosure, whether judicial or nonjudicial, may be commenced with respect to a covered residential mortgage unless the person commencing the foreclosure complies with all of the following requirements: (1) Submission of information The person commencing the foreclosure shall submit to the court, in the case of a judicial foreclosure, or to the office of the State or other subdivision of the State to which notice of default, foreclosure, or sale of the foreclosed property is required under State law to be submitted, in the case of a nonjudicial foreclosure, a report prepared by an independent party that includes the following information: (A) A statement of findings as to whether the covered residential mortgage was made and serviced in compliance with the terms of, and regulations under, the following laws: (i) The Truth in Lending Act ( 15 U.S.C. 1601 ) and Regulation Z of the Board of Governors of the Federal Reserve System under such Act. (ii) The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) and Regulation B of the Board of Governors of the Federal Reserve System under such Act. (iii) The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ). (iv) The Federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). (v) The Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2601 et seq. ) and Regulation X of the Secretary of Housing and Urban Development under such Act. (vi) The Flood Disaster Protection Act of 1973 ( 42 U.S.C. 2002 et seq. ). (vii) The Fair Housing Act ( 42 U.S.C. 3601 et seq. ). (viii) The Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. ). (ix) The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101–73). (x) Any applicable provisions of State and local law relating to real estate lending or consumer protection. (B) Certification of any mortgage modification efforts that were employed and any offers made to the mortgagor by the person commencing the foreclosure. (C) If any noncompliance is found pursuant to subparagraph (A), a statement as to whether the violations are such that the mortgagor should be afforded an extended right, beyond the period permitted under State law— (i) to rescind the mortgage in defense of the foreclosure; or (ii) to redeem the mortgage. (D) Identification of— (i) the actual holder of the mortgage note, the originating lender for the mortgage and all subsequent assignees, and all other parties who have an interest in the real estate that is subject to the mortgage or in the mortgage or the proceeds of the mortgage; and (ii) any parties identified pursuant to clause (i) that received any assistance pursuant to title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) and the amount of any such assistance received. (E) A statement of whether a bona fide default on the covered mortgage has occurred. (F) A description of any hardship circumstances regarding the economic circumstances of the mortgagor that would be relevant to a determination by the mortgagee of whether to modify the mortgage. (G) A statement of whether the mortgage is insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.). (H) A statement of whether the mortgage is, or any terms of the mortgage are, unfair or constitute an unfair or deceptive act or practice violating the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), and if so, a description of the unfairness or the unfair or deceptive act or practice. (I) A statement of whether any material misrepresentations were made that fraudulently induced the mortgagor to enter into the transaction to his or her detriment, and if so, a description of such misrepresentation. (J) Identification of any offsets to the creditor claim on the mortgage. (K) A statement of the racial characteristics, gender, census tract, and income level of the mortgagor, as such terms are used for purposes of compliance with the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. ). (2) Required notification The person commencing the foreclosure shall provide notice to the mortgagor, in writing, not less than 5 days before any action is taken to commence the proceeding or action for foreclosure, and shall certify to the court, in the case of a judicial foreclosure, or to the office of the State or other subdivision of the State to which notice of default, foreclosure, or sale of the foreclosed property is required under State law to be submitted in the case of a nonjudicial foreclosure, that such notice has been provided, that includes the following information: (A) A statement of any rights of the mortgagor under the applicable laws governing the foreclosure and consumer rights. (B) A statement of any deadlines for filing answers, defenses, or objections to the foreclosure, including those rights of the mortgagor under the Real Estate Settlement Procedures Act of 1974 and any applicable State laws. (C) A statement of any penalties and other consequences for the mortgagor if the mortgagor does not respond or file answers to the foreclosure. (D) A statement of the amounts claimed to be in arrears under the mortgage and needed to reinstate the account and all associated costs and fees, set forth in itemized and distinct categories, and current and correct contact information, including telephone numbers, electronic mail addresses, and postal addresses, at which the mortgagor can obtain further information regarding the mortgage account. (E) A description of any additional options, such as mortgage workout, modification, mitigation, and redemption, that might be available to the mortgagor to prevent the foreclosure from proceeding and a description of how the mortgagor can obtain additional information regarding such options. (F) A statement of the correct names, telephone numbers, electronic mail addresses, postal addresses, and any State licensing numbers of the mortgage holder, the mortgage servicer, and the person or persons authorized to take the actions described pursuant to subparagraph (E). 3. Definitions For purposes of this Act, the following definitions shall apply: (1) Independent party The term independent party means, with respect to foreclosure on a covered residential mortgage, an individual who has no interest in, or affiliation with, any party involved in such foreclosure or with the covered residential mortgage involved in such foreclosure, including any party that owns, manages, controls, or directs such an involved party, any party that is owned, managed, controlled, or directed by such an involved party, or any party that is under common ownership, management, control, or direction with such an involved party. (2) Covered residential mortgage The term covered residential mortgage means a mortgage that meets the following requirements: (A) The property securing the obligation under the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (B) The mortgagor under the mortgage shall occupy the property securing the obligation under the mortgage as his or her principal residence. (3) Mortgage (A) In general The term mortgage means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal, or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation. (B) Condominiums and cooperatives Such term includes a first mortgage given to secure— (i) the unpaid purchase price of a fee interest in, or a long-term leasehold interest in, a one-family unit in a multifamily project, including a project in which the dwelling units are attached or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities that serve the project; or (ii) repayment of a loan made to finance the purchase of stock or membership in a cooperative housing corporation the permanent occupancy of dwelling units of which is restricted to members of such corporation, where the purchase of such stock or membership entitles the purchaser to the permanent occupancy of one of such units. 4. Relation to State law This Act does not annul, alter, or affect, or exempt any person subject to the provisions of this Act from complying with, the laws of any State or subdivision thereof with respect to foreclosure on a residential mortgage, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. No provision of the laws of any State or subdivision thereof may be determined to be inconsistent with any provision of this Act if such law is determined to require greater disclosure or notice than is required under this Act or to provide greater protection to the mortgagee than is required under this Act. |
113-hr-191-ih-dtd | 113-hr-191 | 113 | hr | 191 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr191ih.xml | BILLS-113hr191ih.xml | 2023-01-08 17:42:43.526 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HF3C40D515306469592B9AE5EE61D061C" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 191 IH: NAFTA Accountability Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 191
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To assess the impact of the North American Free Trade
Agreement (NAFTA), to require further negotiation of certain provisions of the
NAFTA, and to provide for the withdrawal from the NAFTA unless certain
conditions are met.
</official-title>
</form>
<legis-body id="HA30391C3414E407186DA97840532A1B3" style="OLC">
<section id="HBDDDDF72173C4AF48E83B90A25E285BA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
NAFTA Accountability
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H81317819BB35462B88B5A0D325D5DE83">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress makes the following
findings:
</text>
<paragraph id="HCC43ABC8AFAA422E8D31DB72C42BF315">
<enum>
(1)
</enum>
<header>
Rising deficits
in united states trade accounts
</header>
<text>
One of the purposes of the North
American Free Trade Agreement (NAFTA), as stated in the preamble, is to
<quote>
create an expanded and secure market
</quote>
for goods and services.
Instead, the NAFTA has resulted in a spiraling United States trade deficit with
Mexico and Canada that exceeded $93,000,000,000 in 2010, and more than
$1,300,000,000,000 since the agreement’s inception. Rather than continuous
development and expansion as envisioned and growing trade surpluses for the
United States, the NAFTA has resulted in United States job losses and
escalating trade deficits.
</text>
</paragraph>
<paragraph id="H2B7819427E9449B5AAB12C5937CB78B9">
<enum>
(2)
</enum>
<header>
Erosion of the
united states manufacturing base
</header>
<text>
One of the purposes of the NAFTA
is to enhance the competitiveness of firms in the global market. However,
rather than increase the ability of the manufacturing sector in the United
States to compete in the world market, the NAFTA has facilitated and
accelerated the outsourcing of United States manufacturing facilities and jobs
to lower-wage Mexico. Conservatively, NAFTA has led to nearly 1,000,000
American job losses. Conversely, Mexico has become an export platform
displacing United States production. An unprecedented flood of imports of
manufactured and agricultural goods now enter the United States. Further,
Mexico has experienced an outsourcing of productivity to even lower-wage China,
as Chinese imports to Mexico have grown and are imported into the United
States.
</text>
</paragraph>
<paragraph id="H937190BCAB5A46DCB3C31A588C7B7E78">
<enum>
(3)
</enum>
<header>
NAFTA should not
be expanded
</header>
<text>
The Congress approved the NAFTA in order to achieve
economic, social, and environmental benefits for the people of the United
States. Based on currently available information, the goals and objectives of
the NAFTA are not being achieved. Therefore, the NAFTA should not be expanded
to include any other country.
</text>
</paragraph>
<paragraph id="H342F1117FE9B403090D46EAA11A2F44C">
<enum>
(4)
</enum>
<header>
NAFTA to be
renegotiated and benefits certified
</header>
<text>
Based on the experience with
the NAFTA since its implementation, it has become evident that further
negotiation is required to resolve fundamental inadequacies within the NAFTA
with respect to trade balances, currency differentials, health and
environmental conditions, agricultural provisions, systems of justice, and
illegal immigration. If the NAFTA is to continue, Congress must require
certification of specific measures of economic, social, legal, and
environmental progress. Otherwise Congress has no choice but to withdraw its
approval of the NAFTA.
</text>
</paragraph>
</section>
<section id="H62E27C10B29048E1A629407F2B109F69">
<enum>
3.
</enum>
<header>
Conditions for
continued participation in the NAFTA
</header>
<subsection id="HD0244F15CE29472F83811280C8C0853E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<paragraph id="HB05FA9CE55924B9E8B8FB4D497FF891A">
<enum>
(1)
</enum>
<header>
Withdrawal of
approval
</header>
<text>
Notwithstanding any other provision of law, unless each
of the conditions described in paragraph (2) is met—
</text>
<subparagraph id="HEB924A02316847B2BB6378C8404522F9">
<enum>
(A)
</enum>
<text>
the approval of
the NAFTA by the Congress provided for in section 101(a) of the North American
Free Trade Agreement Implementation Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/3311">
19 U.S.C. 3311(a)
</external-xref>
) shall cease to be
effective beginning on the date that is 365 days after the date of the
enactment of this Act; and
</text>
</subparagraph>
<subparagraph id="H72D012A5511B4CCEB3B8359211330AE3">
<enum>
(B)
</enum>
<text>
not later than 200
days after the date of the enactment of this Act, the President shall provide
written notice of withdrawal to the Governments of Canada and Mexico in
accordance with Article 2205 of the NAFTA.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD3E5F0405D64871A12FB3EFDE3AA34E">
<enum>
(2)
</enum>
<header>
Conditions for
continuing participation in nafta
</header>
<text>
The conditions described in
this paragraph are met if, not later than 120 days after the date of the
enactment of this Act—
</text>
<subparagraph id="HE6ED1F51E98C4744990467E31C6D1374">
<enum>
(A)
</enum>
<text>
the
President—
</text>
<clause id="H3D535AE9E1A44010AAFFAC42F0E4AED3">
<enum>
(i)
</enum>
<text>
renegotiates the
terms of the NAFTA in accordance with paragraphs (1), (2), and (3) of
subsection (b); and
</text>
</clause>
<clause id="H784B5155470A4B58BCBE08225CB5BE47">
<enum>
(ii)
</enum>
<text>
provides the
certification to the Congress described in subsection (b)(8);
</text>
</clause>
</subparagraph>
<subparagraph id="H3B2E11B2B67A465EA62645C7163C9163">
<enum>
(B)
</enum>
<text>
the Secretary of
Labor and the Secretary of Agriculture provide the certification described in
subsection (b)(4);
</text>
</subparagraph>
<subparagraph id="H1ED2FA9DB15245D980DA64C7870CB2A7">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the Secretary of Commerce and the Secretary
of Agriculture provide the certification described in subsection (b)(5);
</text>
</subparagraph>
<subparagraph id="HF2A64526AA0C46BEA37A838E1B2A9388">
<enum>
(D)
</enum>
<text>
the Secretary of
Agriculture and the Administrator of the Food and Drug Administration provide
the certification described in subsection (b)(6)(A);
</text>
</subparagraph>
<subparagraph id="HA499F41178794FAAA0EDCCB217ACC51C">
<enum>
(E)
</enum>
<text>
the Administrator
of the Environmental Protection Agency submits the certification described in
subsection (b)(6)(B); and
</text>
</subparagraph>
<subparagraph id="H952CA2DF5577420A8F1D3B47469EFB1B">
<enum>
(F)
</enum>
<text>
the Attorney
General of the United States provides the certification described in subsection
(b)(7).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HEA3D2F5EE4FF471788DB38E16F32CF06">
<enum>
(b)
</enum>
<header>
Areas of
renegotiation and certification
</header>
<text>
The areas of renegotiation and
certification described in this subsection are as follows:
</text>
<paragraph id="H7CB85AC56B5B4F8A9F7E0FBFBF6EE6D4">
<enum>
(1)
</enum>
<header>
Renegotiate the
nafta to correct trade deficits
</header>
<text>
The President is authorized and
directed to confer with the Governments of Canada and Mexico and to renegotiate
the terms of the NAFTA to provide for implementation of emergency adjustments
of tariffs, quotas, and other measures to stabilize and balance the flow of
trade among the NAFTA Parties when the United States has an annual deficit in
trade of goods and services with another NAFTA Party that—
</text>
<subparagraph id="H7FAAE9B40C344E72BE1659097A5FBB12">
<enum>
(A)
</enum>
<text>
exceeds 10 percent
of United States exports to that Party; or
</text>
</subparagraph>
<subparagraph id="H0D817A8074564ADABA3F499E754F4C01">
<enum>
(B)
</enum>
<text>
equals or exceeds
$500,000,000 for 3 or more consecutive years.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2D2139EF6B834444A426FFAE30F2311F">
<enum>
(2)
</enum>
<header>
Renegotiate the
nafta to correct currency distortions
</header>
<text>
The President is authorized
and directed to confer with the Governments of Canada and Mexico and to
renegotiate the terms of the NAFTA to provide for the implementation of
emergency adjustments of tariffs, quotas, and other measures to mitigate the
adverse effects of rapid or substantial changes in exchange rates between the
United States dollar and the currency of another NAFTA Party.
</text>
</paragraph>
<paragraph id="H51677D83F98949D3AB328EFFD5A423CE">
<enum>
(3)
</enum>
<header>
Renegotiate the
nafta to correct agricultural provisions
</header>
<text>
The President is
authorized and directed to confer with the Governments of Canada and Mexico and
to renegotiate the terms of the NAFTA to establish and strengthen provisions to
prevent imports of agricultural commodities from any NAFTA Party from unfairly
displacing United States production, to provide improved mechanisms for relief
for United States producers that are adversely impacted by such imports, and to
address the serious and growing problem of Mexico’s displaced ejido peasant
farmers and crime associated with lawlessness in the United States–Mexico
border zone.
</text>
</paragraph>
<paragraph id="H27C33AEBACA44BA7803057CD7801CCBF">
<enum>
(4)
</enum>
<header>
Certification of
gains in united states jobs and living standards
</header>
<text>
If the Secretary
of Labor and the Secretary of Agriculture, after consultation with appropriate
government agencies and citizen organizations, determine that—
</text>
<subparagraph id="H944019CCC7B64903B34D34929E0CE345">
<enum>
(A)
</enum>
<text>
the number of jobs
resulting from increased exports of United States goods and services to other
NAFTA Parties exceeds the number of jobs lost because of imports of goods and
services from other NAFTA Parties since January 1, 1994; and
</text>
</subparagraph>
<subparagraph id="HD9C7DF489FF94E39819FBB38DC813F9F">
<enum>
(B)
</enum>
<text>
the purchasing
power of wage-earners in the United States has increased since January 1,
1994,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
the
Secretaries shall so certify to the Congress.
</continuation-text>
</paragraph>
<paragraph id="HA66C9F6A4FC6488787315C125ECE598E">
<enum>
(5)
</enum>
<header>
Certification of
increased domestic manufacturing
</header>
<text>
If the Secretary of Commerce and
the Secretary of Agriculture, after consultation with the appropriate
government agencies and citizen organizations, determine that the export of
United States manufactured and agricultural goods to the NAFTA Parties exceeds
the imports of manufactured and agricultural goods from the NAFTA Parties, the
Secretaries shall so certify to the Congress. In making the determination, the
Secretaries shall not include any goods originating outside the United States
that are exported to another NAFTA Party, nor imports from another NAFTA Party
that are destined for other countries.
</text>
</paragraph>
<paragraph id="H28C5D0CF441B43BA816E0BC13690EC0F">
<enum>
(6)
</enum>
<header>
Certification
relating to health and environmental standards
</header>
<subparagraph id="H4FD5B95F9D594CF9BBF4549E7687E3B2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If the Secretary of Agriculture and the Administrator of
the Food and Drug Administration, after consultation with appropriate
government agencies and citizen organizations, determine, with respect to
imports from NAFTA Parties, that since January 1, 1994, there has been a
reduced incidence of contaminated and adulterated food, food containing
additives or pesticide residues exceeding United States standards, or food
containing additives or pesticide residues which cannot be legally used in the
United States, the Secretary and Administrator shall so certify to the
Congress. In making this determination, all foods and food products, including
fruits, vegetables, grains, oilseeds, and meats, both fresh and processed,
shall be reviewed.
</text>
</subparagraph>
<subparagraph id="HC091A19AF287402D9335470EEB65A48C">
<enum>
(B)
</enum>
<header>
Border area
pollution
</header>
<text>
If the Administrator of the Environmental Protection
Agency determines that conditions affecting public health in the United
States–Mexico border zone have not worsened since January 1, 1994, the
Administrator shall so certify to the Congress.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA7E44C1D28AD40DDA1A21A127F045831">
<enum>
(7)
</enum>
<header>
Certification
relating to illegal drugs
</header>
<text>
If the Attorney General of the United
States determines, after a review by the Drug Enforcement Administration and
consultation with appropriate government agencies and citizen organizations,
that increased imports from the NAFTA Parties are not resulting in an increase
in crime with illegal drugs or other controlled substances from Mexico or
Canada, the Attorney General shall so certify to the Congress.
</text>
</paragraph>
<paragraph id="HE5E1C9FAAE7E4354AE7C639599F1D821">
<enum>
(8)
</enum>
<header>
Certification
relating to democracy and human freedoms
</header>
<text>
If the President, after
consultation with appropriate government agencies, international organizations,
and citizen organizations, determines that the Government of Mexico—
</text>
<subparagraph id="HA0D19A10EBF6467F997F85027E19B0F6">
<enum>
(A)
</enum>
<text>
is elected in free
and fair elections;
</text>
</subparagraph>
<subparagraph id="H22B9C06EC9444ACDB4EF9D3DE67D3D20">
<enum>
(B)
</enum>
<text>
protects the
rights of its citizens to organize into political parties;
</text>
</subparagraph>
<subparagraph id="H6688CE0DBEF14C4A842E4C2B7D8EE32D">
<enum>
(C)
</enum>
<text>
protects the
rights of its citizens to free speech and the right of the news media to
operate without fear of government control or reprisal;
</text>
</subparagraph>
<subparagraph id="HB22B48B659A04A12BE52B70F79B7C444">
<enum>
(D)
</enum>
<text>
protects the
rights of its citizens to assemble and to organize associations to advance
human rights and economic opportunities; and
</text>
</subparagraph>
<subparagraph id="HD4E5F86917B143AAB36234CC2E3B50E4">
<enum>
(E)
</enum>
<text>
receives fair and
impartial litigation of suits and trials according to the rule of law in a
transparent justice system,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
the
President shall so certify to the Congress.
</continuation-text>
</paragraph>
</subsection>
</section>
<section id="HF74FBD0FDD634B19A7123CF06270574A">
<enum>
4.
</enum>
<header>
Sense of Congress
that NAFTA not be expanded
</header>
<text display-inline="no-display-inline">
Until such time as the conditions described
in section 3(b) are met, it is the sense of the Congress that the President
should not engage in negotiations to expand the NAFTA to include other
countries and that trade promotion authority should not be renewed with respect
to the approval of any such expansion of the NAFTA.
</text>
</section>
<section id="H2C56B27B68414D8AA4A82ECAAD3B9150">
<enum>
5.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H31C8B0554ED34B1291058E6826E2FDFD">
<enum>
(1)
</enum>
<header>
NAFTA
</header>
<text>
The
term
<term>
NAFTA
</term>
means the North American Free Trade Agreement entered
into between the United States, Canada, and Mexico on December 17, 1992.
</text>
</paragraph>
<paragraph id="H375522E9A4F34051AF5A82AF124B9C2C">
<enum>
(2)
</enum>
<header>
NAFTA
party
</header>
<text>
The term
<term>
NAFTA Party
</term>
means the United States,
Canada, or Mexico.
</text>
</paragraph>
<paragraph id="H101CA7005C8346F1B620A37E8A73148B">
<enum>
(3)
</enum>
<header>
United
States–Mexico border zone
</header>
<text>
The term
<term>
United States–Mexico
border zone
</term>
means the area that comprises the 12-mile zone on the
Mexican side of the United States–Mexico border and the counties within any
State of the United States that are contiguous with Mexico.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 191 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Ways and Means A BILL To assess the impact of the North American Free Trade Agreement (NAFTA), to require further negotiation of certain provisions of the NAFTA, and to provide for the withdrawal from the NAFTA unless certain conditions are met.
1. Short title This Act may be cited as the NAFTA Accountability Act . 2. Findings The Congress makes the following findings: (1) Rising deficits in united states trade accounts One of the purposes of the North American Free Trade Agreement (NAFTA), as stated in the preamble, is to create an expanded and secure market for goods and services. Instead, the NAFTA has resulted in a spiraling United States trade deficit with Mexico and Canada that exceeded $93,000,000,000 in 2010, and more than $1,300,000,000,000 since the agreement’s inception. Rather than continuous development and expansion as envisioned and growing trade surpluses for the United States, the NAFTA has resulted in United States job losses and escalating trade deficits. (2) Erosion of the united states manufacturing base One of the purposes of the NAFTA is to enhance the competitiveness of firms in the global market. However, rather than increase the ability of the manufacturing sector in the United States to compete in the world market, the NAFTA has facilitated and accelerated the outsourcing of United States manufacturing facilities and jobs to lower-wage Mexico. Conservatively, NAFTA has led to nearly 1,000,000 American job losses. Conversely, Mexico has become an export platform displacing United States production. An unprecedented flood of imports of manufactured and agricultural goods now enter the United States. Further, Mexico has experienced an outsourcing of productivity to even lower-wage China, as Chinese imports to Mexico have grown and are imported into the United States. (3) NAFTA should not be expanded The Congress approved the NAFTA in order to achieve economic, social, and environmental benefits for the people of the United States. Based on currently available information, the goals and objectives of the NAFTA are not being achieved. Therefore, the NAFTA should not be expanded to include any other country. (4) NAFTA to be renegotiated and benefits certified Based on the experience with the NAFTA since its implementation, it has become evident that further negotiation is required to resolve fundamental inadequacies within the NAFTA with respect to trade balances, currency differentials, health and environmental conditions, agricultural provisions, systems of justice, and illegal immigration. If the NAFTA is to continue, Congress must require certification of specific measures of economic, social, legal, and environmental progress. Otherwise Congress has no choice but to withdraw its approval of the NAFTA. 3. Conditions for continued participation in the NAFTA (a) In general (1) Withdrawal of approval Notwithstanding any other provision of law, unless each of the conditions described in paragraph (2) is met— (A) the approval of the NAFTA by the Congress provided for in section 101(a) of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3311(a) ) shall cease to be effective beginning on the date that is 365 days after the date of the enactment of this Act; and (B) not later than 200 days after the date of the enactment of this Act, the President shall provide written notice of withdrawal to the Governments of Canada and Mexico in accordance with Article 2205 of the NAFTA. (2) Conditions for continuing participation in nafta The conditions described in this paragraph are met if, not later than 120 days after the date of the enactment of this Act— (A) the President— (i) renegotiates the terms of the NAFTA in accordance with paragraphs (1), (2), and (3) of subsection (b); and (ii) provides the certification to the Congress described in subsection (b)(8); (B) the Secretary of Labor and the Secretary of Agriculture provide the certification described in subsection (b)(4); (C) the Secretary of Commerce and the Secretary of Agriculture provide the certification described in subsection (b)(5); (D) the Secretary of Agriculture and the Administrator of the Food and Drug Administration provide the certification described in subsection (b)(6)(A); (E) the Administrator of the Environmental Protection Agency submits the certification described in subsection (b)(6)(B); and (F) the Attorney General of the United States provides the certification described in subsection (b)(7). (b) Areas of renegotiation and certification The areas of renegotiation and certification described in this subsection are as follows: (1) Renegotiate the nafta to correct trade deficits The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for implementation of emergency adjustments of tariffs, quotas, and other measures to stabilize and balance the flow of trade among the NAFTA Parties when the United States has an annual deficit in trade of goods and services with another NAFTA Party that— (A) exceeds 10 percent of United States exports to that Party; or (B) equals or exceeds $500,000,000 for 3 or more consecutive years. (2) Renegotiate the nafta to correct currency distortions The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for the implementation of emergency adjustments of tariffs, quotas, and other measures to mitigate the adverse effects of rapid or substantial changes in exchange rates between the United States dollar and the currency of another NAFTA Party. (3) Renegotiate the nafta to correct agricultural provisions The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to establish and strengthen provisions to prevent imports of agricultural commodities from any NAFTA Party from unfairly displacing United States production, to provide improved mechanisms for relief for United States producers that are adversely impacted by such imports, and to address the serious and growing problem of Mexico’s displaced ejido peasant farmers and crime associated with lawlessness in the United States–Mexico border zone. (4) Certification of gains in united states jobs and living standards If the Secretary of Labor and the Secretary of Agriculture, after consultation with appropriate government agencies and citizen organizations, determine that— (A) the number of jobs resulting from increased exports of United States goods and services to other NAFTA Parties exceeds the number of jobs lost because of imports of goods and services from other NAFTA Parties since January 1, 1994; and (B) the purchasing power of wage-earners in the United States has increased since January 1, 1994, the Secretaries shall so certify to the Congress. (5) Certification of increased domestic manufacturing If the Secretary of Commerce and the Secretary of Agriculture, after consultation with the appropriate government agencies and citizen organizations, determine that the export of United States manufactured and agricultural goods to the NAFTA Parties exceeds the imports of manufactured and agricultural goods from the NAFTA Parties, the Secretaries shall so certify to the Congress. In making the determination, the Secretaries shall not include any goods originating outside the United States that are exported to another NAFTA Party, nor imports from another NAFTA Party that are destined for other countries. (6) Certification relating to health and environmental standards (A) In general If the Secretary of Agriculture and the Administrator of the Food and Drug Administration, after consultation with appropriate government agencies and citizen organizations, determine, with respect to imports from NAFTA Parties, that since January 1, 1994, there has been a reduced incidence of contaminated and adulterated food, food containing additives or pesticide residues exceeding United States standards, or food containing additives or pesticide residues which cannot be legally used in the United States, the Secretary and Administrator shall so certify to the Congress. In making this determination, all foods and food products, including fruits, vegetables, grains, oilseeds, and meats, both fresh and processed, shall be reviewed. (B) Border area pollution If the Administrator of the Environmental Protection Agency determines that conditions affecting public health in the United States–Mexico border zone have not worsened since January 1, 1994, the Administrator shall so certify to the Congress. (7) Certification relating to illegal drugs If the Attorney General of the United States determines, after a review by the Drug Enforcement Administration and consultation with appropriate government agencies and citizen organizations, that increased imports from the NAFTA Parties are not resulting in an increase in crime with illegal drugs or other controlled substances from Mexico or Canada, the Attorney General shall so certify to the Congress. (8) Certification relating to democracy and human freedoms If the President, after consultation with appropriate government agencies, international organizations, and citizen organizations, determines that the Government of Mexico— (A) is elected in free and fair elections; (B) protects the rights of its citizens to organize into political parties; (C) protects the rights of its citizens to free speech and the right of the news media to operate without fear of government control or reprisal; (D) protects the rights of its citizens to assemble and to organize associations to advance human rights and economic opportunities; and (E) receives fair and impartial litigation of suits and trials according to the rule of law in a transparent justice system, the President shall so certify to the Congress. 4. Sense of Congress that NAFTA not be expanded Until such time as the conditions described in section 3(b) are met, it is the sense of the Congress that the President should not engage in negotiations to expand the NAFTA to include other countries and that trade promotion authority should not be renewed with respect to the approval of any such expansion of the NAFTA. 5. Definitions In this Act: (1) NAFTA The term NAFTA means the North American Free Trade Agreement entered into between the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA party The term NAFTA Party means the United States, Canada, or Mexico. (3) United States–Mexico border zone The term United States–Mexico border zone means the area that comprises the 12-mile zone on the Mexican side of the United States–Mexico border and the counties within any State of the United States that are contiguous with Mexico. |
113-hr-192-ih-dtd | 113-hr-192 | 113 | hr | 192 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr192ih.xml | BILLS-113hr192ih.xml | 2023-01-08 17:42:43.415 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 192 IH: Balancing Trade Act of 2013
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U.S. House of Representatives
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2013-01-04
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 192
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require that, in cases in which the annual trade
deficit between the United States and another country is $10,000,000,000 or
more for 3 consecutive years, the President take the necessary steps to create
a more balanced trading relationship with that country.
</official-title>
</form>
<legis-body id="H235B2DD3FC514F00B064BEBF146C131B" style="OLC">
<section display-inline="no-display-inline" id="H62F2E2FA2F1740FD8A8D9850F30CEE75" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Balancing Trade Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H95B691EE62B3435F92AEADA14E1F776E" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Action by the
President in cases of large consecutive annual trade deficits with other
countries
</header>
<subsection id="H0CB7648EE3B0410688B31BA429143489">
<enum>
(a)
</enum>
<header>
Action by the
President
</header>
<text display-inline="yes-display-inline">
If in 3 consecutive
calendar years the United States has a trade deficit with another country of
$10,000,000,000 or more, the President shall take the necessary steps to create
a trading relationship with the country that would eliminate or substantially
reduce that trade deficit, by entering into an agreement with that country or
otherwise.
</text>
</subsection>
<subsection id="H58CD65F3FB954A5ABDC5DC0EFF868E89">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<term>
trade
deficit
</term>
means, with respect to the United States and another country,
that the value of goods and services that are products of that country and are
imported into the United States from that country exceeds the value of goods
and services that are products of the United States and are exported from the
United States to that country.
</text>
</subsection>
<subsection id="H526A71CA322A4A2ABBC6658B3D5478E6">
<enum>
(c)
</enum>
<header>
Reports
</header>
<paragraph id="HF47AF2E73A12490296CFD78E9B55653E">
<enum>
(1)
</enum>
<header>
Initial
report
</header>
<text>
Not later than 3 months after the date of the enactment of
this Act, the President shall submit to the Congress a report setting
forth—
</text>
<subparagraph id="H1CCB7BBA61794547A9A70A4637B3884C">
<enum>
(A)
</enum>
<text>
the likely reasons
for the trade deficits with each country to which subsection (a) applies, as of
the date of the report; and
</text>
</subparagraph>
<subparagraph id="HCBAEFA5FFCAD460AB97027A5719FD750">
<enum>
(B)
</enum>
<text>
the steps the
President intends to take under subsection (a) with respect to each such
country.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF18E9EF9A94641F28245AECE34CB77F1">
<enum>
(2)
</enum>
<header>
Annual
reports
</header>
<text>
The President shall submit to the Congress, not later
than December 31 of each year, a report on actions taken to carry out this
section.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 192 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that, in cases in which the annual trade deficit between the United States and another country is $10,000,000,000 or more for 3 consecutive years, the President take the necessary steps to create a more balanced trading relationship with that country.
1. Short title This Act may be cited as the Balancing Trade Act of 2013 . 2. Action by the President in cases of large consecutive annual trade deficits with other countries (a) Action by the President If in 3 consecutive calendar years the United States has a trade deficit with another country of $10,000,000,000 or more, the President shall take the necessary steps to create a trading relationship with the country that would eliminate or substantially reduce that trade deficit, by entering into an agreement with that country or otherwise. (b) Definition In this section, the term trade deficit means, with respect to the United States and another country, that the value of goods and services that are products of that country and are imported into the United States from that country exceeds the value of goods and services that are products of the United States and are exported from the United States to that country. (c) Reports (1) Initial report Not later than 3 months after the date of the enactment of this Act, the President shall submit to the Congress a report setting forth— (A) the likely reasons for the trade deficits with each country to which subsection (a) applies, as of the date of the report; and (B) the steps the President intends to take under subsection (a) with respect to each such country. (2) Annual reports The President shall submit to the Congress, not later than December 31 of each year, a report on actions taken to carry out this section. |
113-hr-193-ih-dtd | 113-hr-193 | 113 | hr | 193 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr193ih.xml | BILLS-113hr193ih.xml | 2023-01-08 17:42:42.552 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HFD039DEEE821462D8771C4059C531CF0" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 193 IH: Seed Availability and Competition Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 193
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HAG00">
Committee on Agriculture
</committee-name>
,
and in addition to the
<committee-name committee-id="HWM00">
Committee on Ways
and Means
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require persons who seek to retain seed harvested from
the planting of patented seeds to register with the Secretary of Agriculture
and pay fees set by the Secretary for retaining such seed, and for other
purposes.
</official-title>
</form>
<legis-body id="H6B3E712DA7B54D5DA2E6DBC5128CCF00" style="OLC">
<section id="H4868C0CD62904685BB7A6C606E6BFC3E" section-type="section-one">
<enum>
1.
</enum>
<header>
Short Title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Seed Availability and Competition Act
of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H1C2889DBA480437294663916F5FA793A">
<enum>
2.
</enum>
<header>
Retaining
Patented Seed
</header>
<subsection id="H34B9FED3D8C24D3E8169B0926099E6EC">
<enum>
(a)
</enum>
<header>
Registration
</header>
<text>
Any
person who plants patented seed or seed derived from patented seed may retain
seed from the harvest of the planted seed for replanting by that person if that
person—
</text>
<paragraph id="HCE5810EB88604AAA8104B60136D38CD2">
<enum>
(1)
</enum>
<text>
submits to the
Secretary of Agriculture notice, in such form as the Secretary may require, of
the type and quantity of seed to be retained and any other information the
Secretary determines to be appropriate; and
</text>
</paragraph>
<paragraph id="H0E029326E1DE464C9219C45947FFA05A">
<enum>
(2)
</enum>
<text>
pays the fee
established by the Secretary pursuant to subsection (b) for the type and
quantity of seed retained.
</text>
</paragraph>
</subsection>
<subsection id="HCC7F4EFAAB7F46E1BB8846BC2E9FC024">
<enum>
(b)
</enum>
<header>
Fees
</header>
<text>
The
Secretary of Agriculture shall establish a fee to be paid by a person pursuant
to subsection (a)(2) based on the type and quantity of seed retained. The
Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the
Patented Seed Fund established under subsection (e)(1).
</text>
</subsection>
<subsection id="H679DACCCC1EB464C8A0BD7CC2C6CBBCA">
<enum>
(c)
</enum>
<header>
Refunds
</header>
<text>
The
Secretary of Agriculture may refund or make an adjustment of the fee paid
pursuant to subsection (a)(2) when the person is unable to plant or harvest the
retained seed as a result of a natural disaster or related condition and under
such other circumstances as the Secretary considers such refund or adjustment
appropriate.
</text>
</subsection>
<subsection id="HD672CC636DD84EE48CA70A4633C33C7E">
<enum>
(d)
</enum>
<header>
Distributions
</header>
<text>
The
Secretary of Agriculture shall pay the collected fees to the appropriate patent
holders, at a frequency that the Secretary determines is appropriate, from the
Patented Seed Fund established under subsection (e)(1), taking into
consideration the possibility of refunds pursuant to subsection (c).
</text>
</subsection>
<subsection id="H6253E167EE4B4935A0EEAD262E895EBC">
<enum>
(e)
</enum>
<header>
Patented Seed
Fund
</header>
<paragraph id="H25EFDF5E84FC49FC9C766162C733EAAF">
<enum>
(1)
</enum>
<header>
Establishment
</header>
<text>
There
is established in the Treasury of the United States a fund to be known as the
<quote>
Patented Seed Fund
</quote>
, consisting of such amounts as may be
received by the Secretary and deposited into such Fund as provided in this
section.
</text>
</paragraph>
<paragraph id="HB280948181AA42D4AAFDA2E8F215CD40">
<enum>
(2)
</enum>
<header>
Administration
</header>
<text>
The
Fund shall be administered by the Secretary of Agriculture and all moneys in
the Fund shall be distributed solely by the Secretary in accordance with this
section and shall not be distributed or appropriated for any other purpose.
Amounts in the Fund are available without further appropriation and until
expended to make payments to patent holders.
</text>
</paragraph>
</subsection>
<subsection id="HFFB852AE8B4248C58925DEEB928FAF38">
<enum>
(f)
</enum>
<header>
Inapplicability
of contracts and patent fees
</header>
<text>
A person who retains seed under
subsection (a) from the harvest of patented seed or seed derived from patented
seed shall not be bound by any contractual limitation on retaining such seed,
or by any requirement to pay royalties or licensing or other fees, by reason of
the patent, for retaining such seed.
</text>
</subsection>
<subsection id="H8EC0A754684F499B96871A2CB6216238">
<enum>
(g)
</enum>
<header>
Definition
</header>
<text>
In
this section, the term
<quote>
patented seed
</quote>
means seed for which a
person holds a valid patent.
</text>
</subsection>
</section>
<section id="H36E17E2F8AD34EBDAE1F2A8896F28E68">
<enum>
3.
</enum>
<header>
Tariff on certain
imported products
</header>
<subsection id="HDD826BFAC681411C9CC0D4D9D5956E40">
<enum>
(a)
</enum>
<header>
Tariff
</header>
<text>
In
any case in which—
</text>
<paragraph id="HDFB521436C994D38956E795CC129F0F9">
<enum>
(1)
</enum>
<text>
genetically
modified seed on which royalties or licensing or other fees are charged by the
owner of a patent on such seed to persons purchasing the seed in the United
States is exported, and
</text>
</paragraph>
<paragraph id="HAC3CCD2DDAF34153B9154C7F9341E20C">
<enum>
(2)
</enum>
<text>
no such fees, or a
lesser amount of such fees, are charged to purchasers of the exported seed in a
foreign country,
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
then there
shall be imposed on any product of the exported seed from that foreign country
that enters the customs territory of the United States a duty determined by the
Secretary of the Treasury, in addition to any duty that otherwise applies, in
an amount that recovers the difference between the fees paid by purchasers of
the seed in the United States and purchasers of the exported seed in that
country.
</continuation-text>
</subsection>
<subsection id="HB279BDA5EB964A169A55A0BAF43AD736">
<enum>
(b)
</enum>
<header>
Deposit of
duties
</header>
<text>
There shall be deposited in the Patented Seed Fund
established under section 2(e)(1) the amount of all duties collected under
subsection (a) for distribution to the appropriate patent holders in accordance
with section 2(d).
</text>
</subsection>
<subsection id="H731DF3D77F7F4552A0FB137CB9EAD27C">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
In
this section—
</text>
<paragraph id="HB4219A605A134A8AA2DFA867554959F2">
<enum>
(1)
</enum>
<text>
the term
<quote>
genetically modified seed
</quote>
means any seed that contains a
genetically modified material, was produced with a genetically modified
material, or is descended from a seed that contained a genetically modified
material or was produced with a genetically modified material; and
</text>
</paragraph>
<paragraph id="HE127DB913EAF4991A6277AAAA938D191">
<enum>
(2)
</enum>
<text>
the term
<quote>
genetically modified material
</quote>
means material that has been
altered at the molecular or cellular level by means that are not possible under
natural conditions or processes (including recombinant DNA and RNA techniques,
cell fusion, microencapsulation, macroencapsulation, gene deletion and
doubling, introducing a foreign gene, and changing the positions of genes),
other than a means consisting exclusively of breeding, conjugation,
fermentation, hybridization, in vitro fertilization, tissue culture, or
mutagenesis.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 193 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay fees set by the Secretary for retaining such seed, and for other purposes.
1. Short Title This Act may be cited as the Seed Availability and Competition Act of 2013 . 2. Retaining Patented Seed (a) Registration Any person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person— (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained. (b) Fees The Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1). (c) Refunds The Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions The Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c). (e) Patented Seed Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Patented Seed Fund , consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration The Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders. (f) Inapplicability of contracts and patent fees A person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition In this section, the term patented seed means seed for which a person holds a valid patent. 3. Tariff on certain imported products (a) Tariff In any case in which— (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies, in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of duties There shall be deposited in the Patented Seed Fund established under section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definitions In this section— (1) the term genetically modified seed means any seed that contains a genetically modified material, was produced with a genetically modified material, or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term genetically modified material means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis. |
113-hr-194-ih-dtd | 113-hr-194 | 113 | hr | 194 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr194ih.xml | BILLS-113hr194ih.xml | 2023-01-08 17:42:42.698 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H707DAED913AF48728BF53CC62E0AAC19" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 194 IH: Congressional Made in America Promise Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 194
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
, and in addition to the
<committee-name committee-id="HGO00">
Committee on Oversight and Government
Reform
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To clarify the applicability of the Buy American Act to
products purchased for the use of the legislative branch, to prohibit the
application of any of the exceptions to the requirements of such Act to
products bearing an official Congressional insignia, and for other
purposes.
</official-title>
</form>
<legis-body id="HA90D3CEB44884ED78142917903B4E0BD" style="OLC">
<section id="H8CF2F22B5D22493AA2BB7D7C812C6173" section-type="section-one">
<enum>
1.
</enum>
<header>
Short Title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Congressional Made in America Promise
Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H5064F0B8B50847209538CF5B52C64400">
<enum>
2.
</enum>
<header>
Applicability of
Buy American Act to Legislative Branch; No Exceptions for Products Bearing
Official Congressional Insignia
</header>
<subsection id="HEAF77E6B1103437AA3621172E8FD5349">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/41/8302">
Section 8302
</external-xref>
of title 41, United States Code, is
amended—
</text>
<paragraph id="H75D2B6EA37BD43E09DBC0428AA55BF6B">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (b) as subsection (c); and
</text>
</paragraph>
<paragraph id="H56658ED26B1A4A64BC32FA7D8776CC7C">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (a) the following new subsection:
</text>
<quoted-block id="H41B32151E1F144DCBC081D197FAE2CC1">
<subsection id="HD50A8372A4D24BFB87485E499D61D38D">
<enum>
(b)
</enum>
<header>
Clarification of
Applicability to Articles, Materials, and Supplies for Use of Legislative
Branch
</header>
<paragraph id="H89417677D4C341849D1A26EFCC261F8F">
<enum>
(1)
</enum>
<header>
Applicability to
legislative branch
</header>
<text>
Except as provided in paragraph (2),
subsection (a) applies with respect to articles, materials, and supplies
acquired for the use of any office in the legislative branch, including the
House of Representatives and the Senate, in the same manner as such subsection
applies with respect to articles, materials, and supplies acquired for the use
of a department or independent establishment.
</text>
</paragraph>
<paragraph id="H6AE2E7698C5848EA99F4FAEAAABA98B7">
<enum>
(2)
</enum>
<header>
Special rule for
products bearing official Congressional insignia
</header>
<text>
In the case of
any product which bears an official insignia (including a mark resembling an
official seal) of the United States House of Representatives, the United States
Senate, or the United States Congress and which is acquired for the use of an
office of the legislative branch, the following shall apply:
</text>
<subparagraph id="H69087374C57746AC856D6B654CFBF0D6">
<enum>
(A)
</enum>
<text>
The head of the
office may not make a determination under subsection (a)(1) that it is
inconsistent with the public interest to enter into a contract in accordance
with this Act.
</text>
</subparagraph>
<subparagraph id="H1218F88E3B5F4379A2AF4C5FBBFA3167">
<enum>
(B)
</enum>
<text>
The exception
under subparagraph (B) of subsection (a)(2) shall not apply.
</text>
</subparagraph>
<subparagraph id="HEF7C0B315C9147FC8843FCB527566D43">
<enum>
(C)
</enum>
<text>
The exception
under subparagraph (C) of subsection (a)(2) shall not
apply.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H0E9F8763B7274307979EA8AC79E1D74E">
<enum>
(b)
</enum>
<header>
Conforming
Amendment
</header>
<text>
Section 69 of the Revised Statutes of the United States
(
<external-xref legal-doc="usc" parsable-cite="usc/2/109">
2 U.S.C. 109
</external-xref>
) is repealed.
</text>
</subsection>
</section>
<section id="H3C8F13D241BB4628BC446BF51F4F576E">
<enum>
3.
</enum>
<header>
Effective
Date
</header>
<text display-inline="no-display-inline">
The amendments made by
this Act shall take effect upon the expiration of the 180-day period which
begins on the date of the enactment of this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 194 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the applicability of the Buy American Act to products purchased for the use of the legislative branch, to prohibit the application of any of the exceptions to the requirements of such Act to products bearing an official Congressional insignia, and for other purposes.
1. Short Title This Act may be cited as the Congressional Made in America Promise Act of 2013 . 2. Applicability of Buy American Act to Legislative Branch; No Exceptions for Products Bearing Official Congressional Insignia (a) In general Section 8302 of title 41, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: (b) Clarification of Applicability to Articles, Materials, and Supplies for Use of Legislative Branch (1) Applicability to legislative branch Except as provided in paragraph (2), subsection (a) applies with respect to articles, materials, and supplies acquired for the use of any office in the legislative branch, including the House of Representatives and the Senate, in the same manner as such subsection applies with respect to articles, materials, and supplies acquired for the use of a department or independent establishment. (2) Special rule for products bearing official Congressional insignia In the case of any product which bears an official insignia (including a mark resembling an official seal) of the United States House of Representatives, the United States Senate, or the United States Congress and which is acquired for the use of an office of the legislative branch, the following shall apply: (A) The head of the office may not make a determination under subsection (a)(1) that it is inconsistent with the public interest to enter into a contract in accordance with this Act. (B) The exception under subparagraph (B) of subsection (a)(2) shall not apply. (C) The exception under subparagraph (C) of subsection (a)(2) shall not apply. . (b) Conforming Amendment Section 69 of the Revised Statutes of the United States ( 2 U.S.C. 109 ) is repealed. 3. Effective Date The amendments made by this Act shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act. |
113-hr-195-ih-dtd | 113-hr-195 | 113 | hr | 195 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr195ih.xml | BILLS-113hr195ih.xml | 2023-01-08 17:42:42.355 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H53F1DF6BD8E147F7BDD95CBAB75FA2F0" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 195 IH: Ethics in Foreign Lobbying Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 195
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="K000009">
Ms. Kaptur
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
, and in addition to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Election Campaign Act of 1971 to
prohibit contributions and expenditures by multicandidate political committees
controlled by foreign-owned corporations, and for other
purposes.
</official-title>
</form>
<legis-body id="H3D8555F47A4E4FFF8826A2D9A0ACFBC0" style="OLC">
<section display-inline="no-display-inline" id="H79235DE2D6F149DD9CF2CFCD6CA9BDD5" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Ethics in Foreign Lobbying Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HB9077669E0244BCCB0D31D1900C7B6BC">
<enum>
2.
</enum>
<header>
Prohibition of
contributions and expenditures by multicandidate political committees or
separate segregated funds sponsored by foreign-controlled corporations and
associations
</header>
<text display-inline="no-display-inline">
Title III of the
<act-name parsable-cite="FECA">
Federal Election Campaign Act of 1971
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/2/441">
2 U.S.C. 441 et seq.
</external-xref>
) is amended by adding at the end the following new
section:
</text>
<quoted-block act-name="Federal Election Campaign Act of 1971" id="H0187A07B56C442629889E4583A7763DF" style="traditional">
<section id="H4720994DEC494D74A1CDAA0C82655BE6">
<enum>
325.
</enum>
<header>
Prohibition of contributions and expenditures by
multicandidate political committees sponsored by foreign-controlled
corporations and associations
</header>
<subsection commented="no" display-inline="yes-display-inline" id="H7B1B2453796842F4B00EFE0016112289">
<enum>
(a)
</enum>
<text>
Notwithstanding any
other provision of law—
</text>
<paragraph id="H82F76150B71F41799FE7D674CD5CB3B2">
<enum>
(1)
</enum>
<text>
no multicandidate
political committee or separate segregated fund of a foreign-controlled
corporation may make any contribution or expenditure with respect to an
election for Federal office; and
</text>
</paragraph>
<paragraph id="H76FC33229E934B7DA071ADED538850EE">
<enum>
(2)
</enum>
<text>
no multicandidate
political committee or separate segregated fund of a trade organization,
membership organization, cooperative, or corporation without capital stock may
make any contribution or expenditure with respect to an election for Federal
office if 50 percent or more of the operating fund of the trade organization,
membership organization, cooperative, or corporation without capital stock is
supplied by foreign-controlled corporations or foreign nationals.
</text>
</paragraph>
</subsection>
<subsection id="H652E7F29BCC142C4867ED0D00CD8DD02">
<enum>
(b)
</enum>
<text>
The Commission
shall—
</text>
<paragraph id="HC081479A9B984D6285D67F14F429F5A0">
<enum>
(1)
</enum>
<text>
require each
multicandidate political committee or separate segregated fund of a corporation
to include in the statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be updated annually and
at any time when the percentage goes above or below 50 percent) of the
percentage of ownership interest in the corporation that is controlled by
persons other than citizens or nationals of the United States;
</text>
</paragraph>
<paragraph id="H0F235EACE35846A4BABE8A5531C050D1">
<enum>
(2)
</enum>
<text>
require each trade
association, membership organization, cooperative, or corporation without
capital stock to include in its statement of organization of the multicandidate
political committee or separate segregated fund (and update annually) the
percentage of its operating fund that is derived from foreign-owned
corporations and foreign nationals; and
</text>
</paragraph>
<paragraph id="H03958768795F43E3B249D51EFFC7768B">
<enum>
(3)
</enum>
<text>
take such action
as may be necessary to enforce subsection (a).
</text>
</paragraph>
</subsection>
<subsection id="HD7093639A58843CABBC99DA9943D2009">
<enum>
(c)
</enum>
<text>
The Commission
shall maintain a list of the identity of the multicandidate political
committees or separate segregated funds that file reports under subsection (b),
including a statement of the amounts and percentage reported by such
multicandidate political committees or separate segregated funds.
</text>
</subsection>
<subsection id="H52EEC59633EC49CF8412C5826F05ADE7">
<enum>
(d)
</enum>
<text>
As used in this
section—
</text>
<paragraph id="HA047F3B0DD834FB3AC19FF81D5D1E2A5">
<enum>
(1)
</enum>
<text>
the term
<term>
foreign-owned corporation
</term>
means a corporation at least 50 percent
of the ownership interest of which is controlled by persons other than citizens
or nationals of the United States;
</text>
</paragraph>
<paragraph id="H3A40B6F00CBB400EB0CEC9BF5AF0356E">
<enum>
(2)
</enum>
<text>
the term
<term>
multicandidate political committee
</term>
has the meaning given that term
in section 315(a)(4);
</text>
</paragraph>
<paragraph id="H8B580890A2D44141B562F89AE92FF8A5">
<enum>
(3)
</enum>
<text>
the term
<term>
separate segregated fund
</term>
means a separate segregated fund referred
to in section 316(b)(2)(C); and
</text>
</paragraph>
<paragraph id="HC37D06B6BD574C748A5E7B3C8F2526EB">
<enum>
(4)
</enum>
<text>
the term
<term>
foreign national
</term>
has the meaning given that term in section
319.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H26F3E446C9FB4E26B04F46C1C1C288E4">
<enum>
3.
</enum>
<header>
Prohibition of
certain election-related activities of foreign nationals
</header>
<text display-inline="no-display-inline">
Section 319 of the
<act-name parsable-cite="FECA">
Federal Election Campaign Act of 1971
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/2/441e">
2 U.S.C. 441e
</external-xref>
) is amended by adding at the end the following new
subsection:
</text>
<quoted-block act-name="Federal Election Campaign Act of 1971" id="HB3F1412BD60242A2B42D0F1EFCC10BAB" style="OLC">
<subsection id="H87FA2C2549FC483B85D16F1A2B42250B">
<enum>
(c)
</enum>
<text>
A foreign national
shall not direct, dictate, control, or directly or indirectly participate in
the decisionmaking process of any person, such as a corporation, labor
organization, or political committee, with regard to such person’s Federal or
non-Federal election-related activities, such as decisions concerning the
making of contributions or expenditures in connection with elections for any
local, State, or Federal office or decisions concerning the administration of a
political
committee.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H68055AF9295A4494BA2FCBD7167C50A6">
<enum>
4.
</enum>
<header>
Establishment of
a clearinghouse of political activities information within the Federal Election
Commission
</header>
<subsection id="H929B1983D52E43E1A9E0B81203E2F713">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
There
shall be established within the Federal Election Commission a clearinghouse of
public information regarding the political activities of foreign principals and
agents of foreign principals. The information comprising this clearinghouse
shall include only the following:
</text>
<paragraph id="H6AB95394531044658A034894B183648C">
<enum>
(1)
</enum>
<text>
All registrations
and reports filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) during the preceding 5-year period.
</text>
</paragraph>
<paragraph id="H51519F9F3AF9479E8E414044AC418350">
<enum>
(2)
</enum>
<text>
All registrations
and reports filed pursuant to the Foreign Agents Registration Act, as amended
(
<external-xref legal-doc="usc" parsable-cite="usc/22/611">
22 U.S.C. 611 et seq.
</external-xref>
), during the preceding 5-year period.
</text>
</paragraph>
<paragraph id="HEA86DED321E243E9ACC374287B0E96D3">
<enum>
(3)
</enum>
<text>
The listings of
public hearings, hearing witnesses, and witness affiliations printed in the
Congressional Record during the preceding 5-year period.
</text>
</paragraph>
<paragraph id="H458670BFE54E4F7EA1E618E383F5F3DC">
<enum>
(4)
</enum>
<text>
Public information
disclosed pursuant to the rules of the Senate or the House of Representatives
regarding honoraria, the receipt of gifts, travel, and earned and unearned
income.
</text>
</paragraph>
<paragraph id="H333BE6093C9F448A87729E37B9C02996">
<enum>
(5)
</enum>
<text>
All reports filed
pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.)
during the preceding 5-year period.
</text>
</paragraph>
<paragraph id="H119A288F33E3466EA7674674843592E0">
<enum>
(6)
</enum>
<text>
All public
information filed with the Federal Election Commission pursuant to the
<act-name parsable-cite="FECA">
Federal Election Campaign Act of 1971
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/2/431">
2 U.S.C. 431 et seq.
</external-xref>
) during the preceding 5-year period.
</text>
</paragraph>
</subsection>
<subsection id="HA4769251B1EA4E4DAC66403A870333CF">
<enum>
(b)
</enum>
<header>
Disclosure of
Other Information Prohibited
</header>
<text>
The disclosure by the clearinghouse,
or any officer or employee thereof, of any information other than that set
forth in subsection (a) is prohibited, except as otherwise provided by
law.
</text>
</subsection>
<subsection id="H4E6D6C60FF5E4CCE802C88425814407B">
<enum>
(c)
</enum>
<header>
Director of
Clearinghouse
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="H42C0071C5EB54057B956EDD0B60C99FF">
<enum>
(1)
</enum>
<text>
The clearinghouse shall
have a Director, who shall administer and manage the responsibilities and all
activities of the clearinghouse.
</text>
</paragraph>
<paragraph id="H30417EB634534759A408E31EF1984D3A" indent="up1">
<enum>
(2)
</enum>
<text>
The Director shall be appointed by
the Federal Election Commission.
</text>
</paragraph>
<paragraph id="H89DE7D37B6CE4C6D8AE36801537DBFBE" indent="up1">
<enum>
(3)
</enum>
<text>
The period of the Director’s term of
service shall be determined by the Commission, but may not exceed 5
years.
</text>
</paragraph>
<paragraph id="H6431E9EB2F5140AAB3C8E869579EFBFD" indent="up1">
<enum>
(4)
</enum>
<text>
No individual appointed to serve a
term as the Director may serve for an additional term.
</text>
</paragraph>
</subsection>
<subsection id="H45F38D69A06A428DBFEA39F0C2C5F3B7">
<enum>
(d)
</enum>
<header>
Ensuring
Sufficient Staff and Other Resources
</header>
<text>
The Commission shall ensure
that the Director has sufficient resources, including staff, to carry out the
Director’s duties and responsibilities under this Act.
</text>
</subsection>
<subsection id="HCE2DE3E1F30B4D8EA1D3A84A99668395">
<enum>
(e)
</enum>
<header>
Authorization of
Appropriations
</header>
<text>
There are authorized to be appropriated such sums
as may be necessary to conduct the activities of the clearinghouse.
</text>
</subsection>
</section>
<section id="HD350BDE518E8427DA3BAD2A2BE034C42">
<enum>
5.
</enum>
<header>
Duties and
responsibilities of the Director of the clearinghouse
</header>
<subsection id="H44FBED74B29D4BCF8EB961A5FB9BDA91">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
It shall be the duty of the Director of the clearinghouse
established under section 4—
</text>
<paragraph id="H89E355B1EFA543E6A7E46D734F3345BA">
<enum>
(1)
</enum>
<text>
to develop a
filing, coding, and cross-indexing system to carry out the purposes of this Act
(which shall include an index of all persons identified in the reports,
registrations, and other information comprising the clearinghouse);
</text>
</paragraph>
<paragraph id="HBFE461980E6146719DEDCA69F9311114">
<enum>
(2)
</enum>
<text>
notwithstanding
any other provision of law, to make copies of registrations, reports, and other
information comprising the clearinghouse available for public inspection and
copying, beginning not later than 30 days after the information is first
available to the public, and to permit copying of any such registration,
report, or other information by hand or by copying machine or, at the request
of any person, to furnish a copy of any such registration, report, or other
information upon payment of the cost of making and furnishing such copy, except
that no information contained in such registration or report and no such other
information shall be sold or used by any person for the purpose of soliciting
contributions or for any profit-making purpose;
</text>
</paragraph>
<paragraph id="HBA85AD65A4E54DA8B84EDF1D2D4DF721">
<enum>
(3)
</enum>
<text>
to compile and
summarize, for each calendar quarter, the information contained in such
registrations, reports, and other information comprising the clearinghouse in a
manner which facilitates the disclosure of political activities, including, but
not limited to, information on—
</text>
<subparagraph id="H88D654DE4B07468F89D9752C10AE66EC">
<enum>
(A)
</enum>
<text>
political
activities pertaining to issues before the Congress and issues before the
executive branch; and
</text>
</subparagraph>
<subparagraph id="HAF5243644376401BABB2456337713C20">
<enum>
(B)
</enum>
<text>
the political
activities of individuals, organizations, foreign principals, and agents of
foreign principals who share an economic, business, or other common
interest;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD53890EEB95D4C34B94105EAC4771A6D">
<enum>
(4)
</enum>
<text>
to make the
information compiled and summarized under paragraph (3) available to the public
within 30 days after the close of each calendar quarter, and to publish such
information in the Federal Register at the earliest practicable
opportunity;
</text>
</paragraph>
<paragraph id="H4D822108A0274AAC8B42EF6D1EB7EE96">
<enum>
(5)
</enum>
<text>
not later than 150
days after the date of the enactment of this Act and at any time thereafter, to
prescribe, in consultation with the Comptroller General, such rules,
regulations, and forms, in conformity with the provisions of chapter 5 of title
5, United States Code, as are necessary to carry out the provisions of section
4 and this section in the most effective and efficient manner; and
</text>
</paragraph>
<paragraph id="HA12BCEBB2FCB468EA903F28797BB1F54">
<enum>
(6)
</enum>
<text>
at the request of
any Member of the Senate or Member of the House of Representatives, to prepare
and submit to such Member a study or report relating to the political
activities of any person and consisting only of the information in the
registrations, reports, and other information comprising the
clearinghouse.
</text>
</paragraph>
</subsection>
<subsection id="H3F2D0BAF91754E3EB9BD436A8E59DA16">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
As
used in this section—
</text>
<paragraph id="H8C398A8BF45E45B7A7218423F1AC31CD">
<enum>
(1)
</enum>
<text>
the terms
<term>
foreign principal
</term>
and
<term>
agent of a foreign principal
</term>
have the meanings given those terms in section 1 of the Foreign Agents
Registration Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/22/611">
22 U.S.C. 611
</external-xref>
);
</text>
</paragraph>
<paragraph id="HE7A5C3DEFB8B481EA2DD81E5615FE621">
<enum>
(2)
</enum>
<text>
the term
<term>
issue before the Congress
</term>
means the total of all matters, both
substantive and procedural, relating to—
</text>
<subparagraph id="HFCB5E1328D0F4ECD9103D22F368AB445">
<enum>
(A)
</enum>
<text>
any pending or
proposed bill, resolution, report, nomination, treaty, hearing, investigation,
or other similar matter in either the Senate or the House of Representatives or
any committee or office of the Congress; or
</text>
</subparagraph>
<subparagraph id="H9B0FCEFA839F45A49DFC6ABA6EDC90ED">
<enum>
(B)
</enum>
<text>
any pending action
by a Member, officer, or employee of the Congress to affect, or attempt to
affect, any action or proposed action by any officer or employee of the
executive branch;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE9626F89CC784EADAD0C1701494DEBA0">
<enum>
(3)
</enum>
<text>
the term
<term>
issue before the executive branch
</term>
means the total of all matters,
both substantive and procedural, relating to any pending action by any
executive agency, or by any officer or employee of the executive branch,
concerning—
</text>
<subparagraph id="H3BEF749E912A41BE914BCF6F5DFBCA98">
<enum>
(A)
</enum>
<text>
any pending or
proposed rule, rule of practice, adjudication, regulation, determination,
hearing, investigation, contract, grant, license, negotiation, or the
appointment of officers and employees, other than appointments in the
competitive service; or
</text>
</subparagraph>
<subparagraph id="HB0B1E5A8FC9E4FFE9824E99FA5369A1D">
<enum>
(B)
</enum>
<text>
any issue before
the Congress; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HF5776E257ECC465DB9B0F13E505CBF2D">
<enum>
(4)
</enum>
<text>
the term
<term>
Member of the House of Representatives
</term>
includes a Delegate or
Resident Commissioner to the Congress.
</text>
</paragraph>
</subsection>
</section>
<section id="H883671C1B7A041A9ADBDA5961F529963">
<enum>
6.
</enum>
<header>
Penalties for
disclosure
</header>
<text display-inline="no-display-inline">
Any person who
discloses information in violation of section 4(b), and any person who sells or
uses information for the purpose of soliciting contributions or for any
profit-making purpose in violation of section 5(a)(2), shall be imprisoned for
a period of not more than 1 year, or fined under title 18, United States Code,
or both.
</text>
</section>
<section id="HCF82806B9AB04DA2969C837FF7DB853B">
<enum>
7.
</enum>
<header>
Amendments to the
Foreign Agents Registration Act of 1938
</header>
<subsection id="H5F89146D78764CC3832706B65F312691">
<enum>
(a)
</enum>
<header>
Quarterly
Reports
</header>
<text>
Section 2(b) of the Foreign Agents Registration Act of
1938 (
<external-xref legal-doc="usc" parsable-cite="usc/22/612">
22 U.S.C. 612(b)
</external-xref>
), is amended in the first sentence by striking
<quote>
,
within thirty days
</quote>
and all that follows through
<quote>
preceding six
months’ period
</quote>
and inserting the following:
<quote>
on January 31, April
30, July 31, and October 31 of each year, file with the Attorney General a
supplement thereto on a form prescribed by the Attorney General, which shall
set forth regarding the three-month periods ending the previous December 31,
March 31, June 30, and September 30, respectively, or if a lesser period, the
period since the initial filing,
</quote>
.
</text>
</subsection>
<subsection id="H02FBBA4EC28449AFB498A7BF697616D2">
<enum>
(b)
</enum>
<header>
Exemption for
Legal Representation
</header>
<text>
Section 3(g) of the Foreign Agents
Registration Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/22/613">
22 U.S.C. 613(g)
</external-xref>
) is amended by adding at the end the
following:
<quote>
A person may be exempt under this subsection only upon filing
with the Attorney General a request for such exemption.
</quote>
.
</text>
</subsection>
<subsection id="H685D66F1B1B346B594CD4E86BBFAD3B8">
<enum>
(c)
</enum>
<header>
Civil
Penalties
</header>
<text>
Section 8 of the Foreign Agents Registration Act of
1938 (
<external-xref legal-doc="usc" parsable-cite="usc/22/618">
22 U.S.C. 618
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H18768FA571FF48C88CDC4B50B0E97557" style="OLC">
<subsection id="HA67A5BE1F5B04F9C9F5C8B552641D36D">
<enum>
(i)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HC88D66A1BEA04679975F7E415923A04C">
<enum>
(1)
</enum>
<text>
Any person who is
determined, after notice and opportunity for an administrative hearing—
</text>
<subparagraph id="H6ADA990E86804D38B59BD42EBC87C6B9" indent="up1">
<enum>
(A)
</enum>
<text>
to have failed to file a registration
statement under section 2(a) or a supplement thereto under section 2(b),
</text>
</subparagraph>
<subparagraph id="H5F9730EA77F44210B489030E76464AD6" indent="up1">
<enum>
(B)
</enum>
<text>
to have omitted a material fact
required to be stated therein, or
</text>
</subparagraph>
<subparagraph id="H899FA136C8D541D29B79C1A5F17436A8" indent="up1">
<enum>
(C)
</enum>
<text>
to have made a false statement with
respect to such a material fact,
</text>
</subparagraph>
</paragraph>
<continuation-text continuation-text-level="subsection">
shall be
required to pay a civil penalty in an amount not less than $2,000 or more than
$5,000 for each violation committed. In determining the amount of the penalty,
the Attorney General shall give due consideration to the nature and duration of
the violation.
</continuation-text>
<paragraph id="H623DE16A60FE4F61AB00D1359A051A95" indent="up1">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H6EBA4316EF374E20B1A506912973A168">
<enum>
(A)
</enum>
<text>
In conducting
investigations and hearings under paragraph (1), administrative law judges may,
if necessary, compel by subpoena the attendance of witnesses and the production
of evidence at any designated place or hearing.
</text>
</subparagraph>
<subparagraph id="H051457A9A01C4E7B8A179D2F047D3870" indent="up1">
<enum>
(B)
</enum>
<text>
In the case of contumacy or refusal
to obey a subpoena lawfully issued under this paragraph and, upon application
by the Attorney General, an appropriate district court of the United States may
issue an order requiring compliance with such subpoena and any failure to obey
such order may be punished by such court as contempt
thereof.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 195 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures by multicandidate political committees controlled by foreign-owned corporations, and for other purposes.
1. Short title This Act may be cited as the Ethics in Foreign Lobbying Act of 2013 . 2. Prohibition of contributions and expenditures by multicandidate political committees or separate segregated funds sponsored by foreign-controlled corporations and associations Title III of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441 et seq. ) is amended by adding at the end the following new section: 325. Prohibition of contributions and expenditures by multicandidate political committees sponsored by foreign-controlled corporations and associations (a) Notwithstanding any other provision of law— (1) no multicandidate political committee or separate segregated fund of a foreign-controlled corporation may make any contribution or expenditure with respect to an election for Federal office; and (2) no multicandidate political committee or separate segregated fund of a trade organization, membership organization, cooperative, or corporation without capital stock may make any contribution or expenditure with respect to an election for Federal office if 50 percent or more of the operating fund of the trade organization, membership organization, cooperative, or corporation without capital stock is supplied by foreign-controlled corporations or foreign nationals. (b) The Commission shall— (1) require each multicandidate political committee or separate segregated fund of a corporation to include in the statement of organization of the multicandidate political committee or separate segregated fund a statement (to be updated annually and at any time when the percentage goes above or below 50 percent) of the percentage of ownership interest in the corporation that is controlled by persons other than citizens or nationals of the United States; (2) require each trade association, membership organization, cooperative, or corporation without capital stock to include in its statement of organization of the multicandidate political committee or separate segregated fund (and update annually) the percentage of its operating fund that is derived from foreign-owned corporations and foreign nationals; and (3) take such action as may be necessary to enforce subsection (a). (c) The Commission shall maintain a list of the identity of the multicandidate political committees or separate segregated funds that file reports under subsection (b), including a statement of the amounts and percentage reported by such multicandidate political committees or separate segregated funds. (d) As used in this section— (1) the term foreign-owned corporation means a corporation at least 50 percent of the ownership interest of which is controlled by persons other than citizens or nationals of the United States; (2) the term multicandidate political committee has the meaning given that term in section 315(a)(4); (3) the term separate segregated fund means a separate segregated fund referred to in section 316(b)(2)(C); and (4) the term foreign national has the meaning given that term in section 319. . 3. Prohibition of certain election-related activities of foreign nationals Section 319 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441e ) is amended by adding at the end the following new subsection: (c) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person, such as a corporation, labor organization, or political committee, with regard to such person’s Federal or non-Federal election-related activities, such as decisions concerning the making of contributions or expenditures in connection with elections for any local, State, or Federal office or decisions concerning the administration of a political committee. . 4. Establishment of a clearinghouse of political activities information within the Federal Election Commission (a) Establishment There shall be established within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and agents of foreign principals. The information comprising this clearinghouse shall include only the following: (1) All registrations and reports filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the preceding 5-year period. (2) All registrations and reports filed pursuant to the Foreign Agents Registration Act, as amended ( 22 U.S.C. 611 et seq. ), during the preceding 5-year period. (3) The listings of public hearings, hearing witnesses, and witness affiliations printed in the Congressional Record during the preceding 5-year period. (4) Public information disclosed pursuant to the rules of the Senate or the House of Representatives regarding honoraria, the receipt of gifts, travel, and earned and unearned income. (5) All reports filed pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) during the preceding 5-year period. (6) All public information filed with the Federal Election Commission pursuant to the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) during the preceding 5-year period. (b) Disclosure of Other Information Prohibited The disclosure by the clearinghouse, or any officer or employee thereof, of any information other than that set forth in subsection (a) is prohibited, except as otherwise provided by law. (c) Director of Clearinghouse (1) The clearinghouse shall have a Director, who shall administer and manage the responsibilities and all activities of the clearinghouse. (2) The Director shall be appointed by the Federal Election Commission. (3) The period of the Director’s term of service shall be determined by the Commission, but may not exceed 5 years. (4) No individual appointed to serve a term as the Director may serve for an additional term. (d) Ensuring Sufficient Staff and Other Resources The Commission shall ensure that the Director has sufficient resources, including staff, to carry out the Director’s duties and responsibilities under this Act. (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to conduct the activities of the clearinghouse. 5. Duties and responsibilities of the Director of the clearinghouse (a) In General It shall be the duty of the Director of the clearinghouse established under section 4— (1) to develop a filing, coding, and cross-indexing system to carry out the purposes of this Act (which shall include an index of all persons identified in the reports, registrations, and other information comprising the clearinghouse); (2) notwithstanding any other provision of law, to make copies of registrations, reports, and other information comprising the clearinghouse available for public inspection and copying, beginning not later than 30 days after the information is first available to the public, and to permit copying of any such registration, report, or other information by hand or by copying machine or, at the request of any person, to furnish a copy of any such registration, report, or other information upon payment of the cost of making and furnishing such copy, except that no information contained in such registration or report and no such other information shall be sold or used by any person for the purpose of soliciting contributions or for any profit-making purpose; (3) to compile and summarize, for each calendar quarter, the information contained in such registrations, reports, and other information comprising the clearinghouse in a manner which facilitates the disclosure of political activities, including, but not limited to, information on— (A) political activities pertaining to issues before the Congress and issues before the executive branch; and (B) the political activities of individuals, organizations, foreign principals, and agents of foreign principals who share an economic, business, or other common interest; (4) to make the information compiled and summarized under paragraph (3) available to the public within 30 days after the close of each calendar quarter, and to publish such information in the Federal Register at the earliest practicable opportunity; (5) not later than 150 days after the date of the enactment of this Act and at any time thereafter, to prescribe, in consultation with the Comptroller General, such rules, regulations, and forms, in conformity with the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of section 4 and this section in the most effective and efficient manner; and (6) at the request of any Member of the Senate or Member of the House of Representatives, to prepare and submit to such Member a study or report relating to the political activities of any person and consisting only of the information in the registrations, reports, and other information comprising the clearinghouse. (b) Definitions As used in this section— (1) the terms foreign principal and agent of a foreign principal have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ); (2) the term issue before the Congress means the total of all matters, both substantive and procedural, relating to— (A) any pending or proposed bill, resolution, report, nomination, treaty, hearing, investigation, or other similar matter in either the Senate or the House of Representatives or any committee or office of the Congress; or (B) any pending action by a Member, officer, or employee of the Congress to affect, or attempt to affect, any action or proposed action by any officer or employee of the executive branch; (3) the term issue before the executive branch means the total of all matters, both substantive and procedural, relating to any pending action by any executive agency, or by any officer or employee of the executive branch, concerning— (A) any pending or proposed rule, rule of practice, adjudication, regulation, determination, hearing, investigation, contract, grant, license, negotiation, or the appointment of officers and employees, other than appointments in the competitive service; or (B) any issue before the Congress; and (4) the term Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress. 6. Penalties for disclosure Any person who discloses information in violation of section 4(b), and any person who sells or uses information for the purpose of soliciting contributions or for any profit-making purpose in violation of section 5(a)(2), shall be imprisoned for a period of not more than 1 year, or fined under title 18, United States Code, or both. 7. Amendments to the Foreign Agents Registration Act of 1938 (a) Quarterly Reports Section 2(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 612(b) ), is amended in the first sentence by striking , within thirty days and all that follows through preceding six months’ period and inserting the following: on January 31, April 30, July 31, and October 31 of each year, file with the Attorney General a supplement thereto on a form prescribed by the Attorney General, which shall set forth regarding the three-month periods ending the previous December 31, March 31, June 30, and September 30, respectively, or if a lesser period, the period since the initial filing, . (b) Exemption for Legal Representation Section 3(g) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 613(g) ) is amended by adding at the end the following: A person may be exempt under this subsection only upon filing with the Attorney General a request for such exemption. . (c) Civil Penalties Section 8 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 618 ) is amended by adding at the end the following: (i) (1) Any person who is determined, after notice and opportunity for an administrative hearing— (A) to have failed to file a registration statement under section 2(a) or a supplement thereto under section 2(b), (B) to have omitted a material fact required to be stated therein, or (C) to have made a false statement with respect to such a material fact, shall be required to pay a civil penalty in an amount not less than $2,000 or more than $5,000 for each violation committed. In determining the amount of the penalty, the Attorney General shall give due consideration to the nature and duration of the violation. (2) (A) In conducting investigations and hearings under paragraph (1), administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing. (B) In the case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and, upon application by the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as contempt thereof. . |
113-hr-196-ih-dtd | 113-hr-196 | 113 | hr | 196 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr196ih.xml | BILLS-113hr196ih.xml | 2023-01-08 17:42:42.247 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 196 IH: To eliminate automatic pay adjustments for Members of Congress, and for other purposes.
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U.S. House of Representatives
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2013-01-04
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113th CONGRESS
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H. R. 196
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IN THE HOUSE OF REPRESENTATIVES
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<action>
<action-date date="20130104">
January 4, 2013
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Mr. Latta
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(for
himself,
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Mrs. Black
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,
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Mr. McKinley
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,
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Mr. Miller of Florida
</cosponsor>
,
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Ms. Bordallo
</cosponsor>
,
<cosponsor name-id="L000567">
Mr. Lance
</cosponsor>
,
<cosponsor name-id="N000185">
Mr. Nugent
</cosponsor>
,
<cosponsor name-id="W000804">
Mr. Wittman
</cosponsor>
,
<cosponsor name-id="M001158">
Mr. Marchant
</cosponsor>
, and
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HHA00">
Committee
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, and in addition to the Committee on
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Oversight and Government
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</action-desc>
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<legis-type>
A BILL
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<official-title>
To eliminate automatic pay adjustments for Members of
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</official-title>
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<legis-body id="HEE9596D2AA5F43FD81CF1B3037AA1295" style="OLC">
<section id="H17A252665D4E49FABB0951E06E55904E" section-type="section-one">
<enum>
1.
</enum>
<header>
Elimination of automatic pay
adjustments for Members of Congress
</header>
<subsection id="H258E40EE00554475831654B54C4D418A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Paragraph (2) of
section 601(a) of the Legislative Reorganization Act of 1946 (
<external-xref legal-doc="usc" parsable-cite="usc/2/31">
2 U.S.C. 31(2)
</external-xref>
)
is repealed.
</text>
</subsection>
<subsection id="HF14347DB308A490D88EB0EBBD8DE2527">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<text>
Section 601(a)(1) of such Act is amended—
</text>
<paragraph id="H983A3A9776934BC59DFCCEDF44AA3A4C">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(a)(1)
</quote>
and inserting
<quote>
(a)
</quote>
;
</text>
</paragraph>
<paragraph id="H4E64586567C549F0AD9B52FC6131173F">
<enum>
(2)
</enum>
<text>
by redesignating
subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively;
and
</text>
</paragraph>
<paragraph id="HB174BCEB80D44FB99FE74D5724A419D3">
<enum>
(3)
</enum>
<text>
by striking
<quote>
, as adjusted by paragraph (2) of this subsection
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H0D482261DA7D45D3B7BE8427D9ACA96D">
<enum>
2.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
This Act and the
amendments made by this Act shall take effect on December 31, 2014.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 196 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Latta (for himself, Mrs. Black , Mr. McKinley , Mr. Miller of Florida , Ms. Bordallo , Mr. Lance , Mr. Nugent , Mr. Wittman , Mr. Marchant , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate automatic pay adjustments for Members of Congress, and for other purposes.
1. Elimination of automatic pay adjustments for Members of Congress (a) In general Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ) is repealed. (b) Conforming amendments Section 601(a)(1) of such Act is amended— (1) by striking (a)(1) and inserting (a) ; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking , as adjusted by paragraph (2) of this subsection . 2. Effective date This Act and the amendments made by this Act shall take effect on December 31, 2014. |
113-hr-197-ih-dtd | 113-hr-197 | 113 | hr | 197 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr197ih.xml | BILLS-113hr197ih.xml | 2023-01-08 17:42:42.088 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 197 IH: Food Assistance to Improve Reintegration Act of 2013
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U.S. House of Representatives
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2013-01-04
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113th CONGRESS
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H. R. 197
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IN THE HOUSE OF REPRESENTATIVES
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January 4, 2013
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Ms. Lee of California
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introduced the following bill; which was referred to the
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To amend the Personal Responsibility and Work Opportunity
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ex-offenders.
</official-title>
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This Act may be cited as the
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<short-title>
Food Assistance to Improve
Reintegration Act of 2013
</short-title>
</quote>
.
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<header>
Repeal of denial
of benefits
</header>
<text display-inline="no-display-inline">
Section 115 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21
U.S.C. 862a) is amended—
</text>
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in subsection (a)
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in subsection (b)
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</text>
</paragraph>
<paragraph id="H95FF5435F53F42D8B4F9B46A2CEF145E">
<enum>
(3)
</enum>
<text>
in subsection (e)
by striking paragraph (2).
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 197 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to repeal the denial of food stamp eligibility of ex-offenders.
1. Short title This Act may be cited as the Food Assistance to Improve Reintegration Act of 2013 . 2. Repeal of denial of benefits Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is amended— (1) in subsection (a) by striking paragraph (2); (2) in subsection (b) by striking paragraph (2); and (3) in subsection (e) by striking paragraph (2). |
113-hr-198-ih-dtd | 113-hr-198 | 113 | hr | 198 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr198ih.xml | BILLS-113hr198ih.xml | 2023-01-08 17:42:41.501 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 198 IH: Repeal of the Authorization for Use of Military Force
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U.S. House of Representatives
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2013-01-04
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113th CONGRESS
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H. R. 198
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IN THE HOUSE OF REPRESENTATIVES
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<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="L000551">
Ms. Lee of California
</sponsor>
(for herself,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
,
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
, and
<cosponsor name-id="E000290">
Ms. Edwards
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HFA00">
Committee
on Foreign Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To repeal
<external-xref legal-doc="public-law" parsable-cite="pl/107/40">
Public Law 107–40
</external-xref>
.
</official-title>
</form>
<legis-body id="HAF5779481B7F4084AAB63E569B80AE4A" style="OLC">
<section id="H6AE3F9C64A2445DD861CB039033B0C8C" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Repeal of the Authorization for Use of
Military Force
</short-title>
</quote>
.
</text>
</section>
<section id="H962E35B0F78A42189847D8BDECDFCDA1">
<enum>
2.
</enum>
<header>
Congressional
finding
</header>
<text display-inline="no-display-inline">
Congress finds that
the Authorization for Use of Military Force (
<external-xref legal-doc="public-law" parsable-cite="pl/107/40">
Public Law 107–40
</external-xref>
; 50 U.S.C. 1541
note), signed into law on September 18, 2001, has been used to justify a broad
and open-ended authorization for the use of military force and such an
interpretation is inconsistent with the authority of Congress to declare war
and make all laws for executing powers vested by the Constitution in the
Government of the United States.
</text>
</section>
<section id="H1DCF0393652144BAA99E677694479D4C">
<enum>
3.
</enum>
<header>
Repeal of Public
Law 107–40
</header>
<text display-inline="no-display-inline">
Effective 180 days
after the date of the enactment of this Act, the Authorization for Use of
Military Force (
<external-xref legal-doc="public-law" parsable-cite="pl/107/40">
Public Law 107–40
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1541">
50 U.S.C. 1541
</external-xref>
note) is hereby
repealed.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 198 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California (for herself, Mr. Conyers , Mr. Ellison , Mr. Grijalva , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To repeal Public Law 107–40 .
1. Short title This Act may be cited as the Repeal of the Authorization for Use of Military Force . 2. Congressional finding Congress finds that the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note), signed into law on September 18, 2001, has been used to justify a broad and open-ended authorization for the use of military force and such an interpretation is inconsistent with the authority of Congress to declare war and make all laws for executing powers vested by the Constitution in the Government of the United States. 3. Repeal of Public Law 107–40 Effective 180 days after the date of the enactment of this Act, the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) is hereby repealed. |
113-hr-199-ih-dtd | 113-hr-199 | 113 | hr | 199 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr199ih.xml | BILLS-113hr199ih.xml | 2023-01-08 17:42:41.372 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H6B7B3079CC054632BC07913951DA07E2" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 199 IH: Income Equity Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 199
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="L000551">
Ms. Lee of California
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to limit the
deductibility of excessive rates of executive compensation.
</official-title>
</form>
<legis-body id="H40972156783C4C8A94CDA9A6383FB0EB" style="OLC">
<section display-inline="no-display-inline" id="H3047D10AA2A142A081F4EE538CC9EB01" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Income Equity Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF26D05A0F5514B60B1216A970693AE3A">
<enum>
2.
</enum>
<header>
Denial of
deduction for payments of excessive compensation
</header>
<subsection id="HE938AF3F19CD43FEA2E6E688503699BD">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/26/162">
Section 162
</external-xref>
of the Internal Revenue Code of 1986
(relating to deduction for trade or business expenses) is amended by inserting
after subsection (h) the following new subsection:
</text>
<quoted-block id="H9F0DC9C341964645B6BF810597C65BB2">
<subsection id="H7DE01A1309D94D2EA6B5D4F3DA379104">
<enum>
(i)
</enum>
<header>
Excessive
compensation
</header>
<paragraph id="HC1131F0000E449D1BFFF936519AB8EF4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
No deduction shall be allowed under this chapter for any
excessive compensation with respect to any full-time employee.
</text>
</paragraph>
<paragraph id="H5D6280A041954F528D23D85E182BFA9A">
<enum>
(2)
</enum>
<header>
Excessive
compensation
</header>
<text>
For purposes of this subsection, the term
<term>
excessive compensation
</term>
means, with respect to any employee, the
amount by which—
</text>
<subparagraph id="H2D586211D435429EB8ABF93DDC6F01E2">
<enum>
(A)
</enum>
<text>
the compensation
for services performed by such employee during the taxable year, exceeds
</text>
</subparagraph>
<subparagraph id="HC4E6E7F63CDC4F9FBD941CA23DDBF277">
<enum>
(B)
</enum>
<text>
the greater
of—
</text>
<clause id="HBEC0EA19725B4542B1C5917331A1A030">
<enum>
(i)
</enum>
<text>
an
amount equal to 25 times the lowest compensation for services performed by any
other full-time employee during such taxable year, or
</text>
</clause>
<clause id="H87B571D40AFD42F8B88AC3D5CA5B942B">
<enum>
(ii)
</enum>
<text>
$500,000.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H327CC5E11A8D47C29CA7601AD0F56B5C">
<enum>
(3)
</enum>
<header>
Definitions and
special rules
</header>
<text>
For purposes of this subsection—
</text>
<subparagraph id="H1ABEEF860B4D489F8726779CECB5DC62">
<enum>
(A)
</enum>
<header>
Compensation
</header>
<clause id="HF07618D31240440D874539E1D68787D8">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The term
<term>
compensation
</term>
includes wages, salary, deferred compensation,
retirement contributions, options, bonuses, property, and any other form of
compensation or bonus that the Secretary of the Treasury determines is
appropriate.
</text>
</clause>
<clause id="HD95DDC4340274763B0705069516AAE27">
<enum>
(ii)
</enum>
<header>
Part-year
employees
</header>
<text>
In the case of any part-year employee, the compensation
of the employee shall be computed on an annualized basis.
</text>
</clause>
</subparagraph>
<subparagraph id="HBB246CEC7759464EAFE05257CB637343">
<enum>
(B)
</enum>
<header>
Employer
</header>
<text>
All
persons treated as a single employer under subsection (a) or (b) of section 52
or subsection (m) or (o) of section 414 shall be treated as 1 employer.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB4900C0391144DB2AE11E3D2D61BC285">
<enum>
(4)
</enum>
<header>
Reporting
</header>
<text display-inline="yes-display-inline">
Each employer who provides compensation in
any taxable year to any employee in an amount which is more than 25 times the
amount of the lowest-compensated full-time employee, shall file a report with
the Secretary containing—
</text>
<subparagraph id="HE52AEC05F54B4D4E8AD760FDE077599B">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the compensation of the lowest-compensated
full-time employee,
</text>
</subparagraph>
<subparagraph id="HEFCCA4F11E6D48ABACB117E6FC817B5D">
<enum>
(B)
</enum>
<text>
the average pay of
all non-managerial employees,
</text>
</subparagraph>
<subparagraph id="HD1199C44897E4037BB1AF439427BBE81">
<enum>
(C)
</enum>
<text>
the average pay of
all executive staff, and
</text>
</subparagraph>
<subparagraph id="HD30BAE7DCA3343D684B0242DBA353AA3">
<enum>
(D)
</enum>
<text>
the exact
compensation of the top 5 employees of the company.
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
Any such
report shall be filed at such time and in such manner as the Secretary may
require.
</continuation-text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HFF8D4280FBBC4683A497AF5A972DD74F">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendment made by this section shall apply to taxable
years beginning after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 199 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to limit the deductibility of excessive rates of executive compensation.
1. Short title This Act may be cited as the Income Equity Act of 2013 . 2. Denial of deduction for payments of excessive compensation (a) In general Section 162 of the Internal Revenue Code of 1986 (relating to deduction for trade or business expenses) is amended by inserting after subsection (h) the following new subsection: (i) Excessive compensation (1) In general No deduction shall be allowed under this chapter for any excessive compensation with respect to any full-time employee. (2) Excessive compensation For purposes of this subsection, the term excessive compensation means, with respect to any employee, the amount by which— (A) the compensation for services performed by such employee during the taxable year, exceeds (B) the greater of— (i) an amount equal to 25 times the lowest compensation for services performed by any other full-time employee during such taxable year, or (ii) $500,000. (3) Definitions and special rules For purposes of this subsection— (A) Compensation (i) In general The term compensation includes wages, salary, deferred compensation, retirement contributions, options, bonuses, property, and any other form of compensation or bonus that the Secretary of the Treasury determines is appropriate. (ii) Part-year employees In the case of any part-year employee, the compensation of the employee shall be computed on an annualized basis. (B) Employer All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as 1 employer. (4) Reporting Each employer who provides compensation in any taxable year to any employee in an amount which is more than 25 times the amount of the lowest-compensated full-time employee, shall file a report with the Secretary containing— (A) the compensation of the lowest-compensated full-time employee, (B) the average pay of all non-managerial employees, (C) the average pay of all executive staff, and (D) the exact compensation of the top 5 employees of the company. Any such report shall be filed at such time and in such manner as the Secretary may require. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. |
113-hr-200-ih-dtd | 113-hr-200 | 113 | hr | 200 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr200ih.xml | BILLS-113hr200ih.xml | 2023-01-08 17:42:41.051 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H56311FEF067047E2A98DAAEE30C40281" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 200 IH: Responsible End to the War in Afghanistan Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 200
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="L000551">
Ms. Lee of California
</sponsor>
(for herself,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
,
<cosponsor name-id="C001037">
Mr. Capuano
</cosponsor>
,
<cosponsor name-id="C001080">
Ms. Chu
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
,
<cosponsor name-id="N000002">
Mr.
Nadler
</cosponsor>
,
<cosponsor name-id="S000480">
Ms. Slaughter
</cosponsor>
,
<cosponsor name-id="V000081">
Ms. Velázquez
</cosponsor>
,
<cosponsor name-id="W000800">
Mr. Welch
</cosponsor>
,
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
,
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
,
<cosponsor name-id="R000053">
Mr. Rangel
</cosponsor>
,
<cosponsor name-id="C001067">
Ms. Clarke
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="P000597">
Ms. Pingree of Maine
</cosponsor>
,
<cosponsor name-id="S001175">
Ms. Speier
</cosponsor>
,
<cosponsor name-id="T000469">
Mr. Tonko
</cosponsor>
,
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
, and
<cosponsor name-id="E000290">
Ms. Edwards
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HAS00">
Committee
on Armed Services
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HFA00">
Foreign Affairs
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide that funds for operations of the Armed Forces
in Afghanistan shall be obligated and expended only for purposes of providing
for the safe and orderly withdrawal from Afghanistan of all members of the
Armed Forces and Department of Defense contractor personnel who are in
Afghanistan.
</official-title>
</form>
<legis-body id="H2AD64972F27643F399BA5BDCD7C7D007" style="OLC">
<section id="HD60151E846784991808D153ED959D3DA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Responsible End to the War in
Afghanistan Act
</short-title>
</quote>
.
</text>
</section>
<section id="HF2CB9ACA7BD84703B8A92EE70DAC5453">
<enum>
2.
</enum>
<header>
Statement of
policy
</header>
<text display-inline="no-display-inline">
It is the policy of the
United States to ensure that funds made available for operations of the Armed
Forces in Afghanistan are to be used only for purposes of providing for the
safe and orderly withdrawal from Afghanistan of all members of the Armed Forces
and Department of Defense contractor personnel who are in Afghanistan.
</text>
</section>
<section id="H8F60ECEBC3574D23826FD0A601CED409" section-type="subsequent-section">
<enum>
3.
</enum>
<header>
Limitation on use of
funds for operations of the Armed Forces in Afghanistan
</header>
<subsection id="H2318654EA0794A2CB695CA2A505EB885">
<enum>
(a)
</enum>
<header>
Limitation
</header>
<text display-inline="yes-display-inline">
Funds appropriated or otherwise made
available under any provision of law for operations of the Armed Forces in
Afghanistan shall be obligated and expended only for purposes of providing for
the safe and orderly withdrawal from Afghanistan of all members of the Armed
Forces and Department of Defense contractor personnel who are in
Afghanistan.
</text>
</subsection>
<subsection id="HED830EC0F5D34A47A07A0862F9AFDCDB">
<enum>
(b)
</enum>
<header>
Rule of
construction
</header>
<text display-inline="yes-display-inline">
Nothing in this
Act shall be construed—
</text>
<paragraph id="HA3E0D69C4CCB494CAC94677C96D11584">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to authorize the use of funds for the
continuation of combat operations in Afghanistan while carrying out the safe
and orderly withdrawal from Afghanistan of all members of the Armed Forces and
Department of Defense contractor personnel who are in Afghanistan; and
</text>
</paragraph>
<paragraph id="H5C2AE6A71C0249828E01739A969DAC34">
<enum>
(2)
</enum>
<text>
to prohibit or
otherwise restrict the use of funds available to any department or agency of
the United States to carry out diplomatic efforts or humanitarian, development,
or general reconstruction activities in Afghanistan.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 200 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California (for herself, Mr. Jones , Mr. Conyers , Mr. Capuano , Ms. Chu , Mr. Grijalva , Mr. Nadler , Ms. Slaughter , Ms. Velázquez , Mr. Welch , Mr. Ellison , Ms. Moore , Mr. Rangel , Ms. Clarke , Mr. Holt , Ms. Pingree of Maine , Ms. Speier , Mr. Tonko , Mr. Loebsack , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that funds for operations of the Armed Forces in Afghanistan shall be obligated and expended only for purposes of providing for the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan.
1. Short title This Act may be cited as the Responsible End to the War in Afghanistan Act . 2. Statement of policy It is the policy of the United States to ensure that funds made available for operations of the Armed Forces in Afghanistan are to be used only for purposes of providing for the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan. 3. Limitation on use of funds for operations of the Armed Forces in Afghanistan (a) Limitation Funds appropriated or otherwise made available under any provision of law for operations of the Armed Forces in Afghanistan shall be obligated and expended only for purposes of providing for the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan. (b) Rule of construction Nothing in this Act shall be construed— (1) to authorize the use of funds for the continuation of combat operations in Afghanistan while carrying out the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan; and (2) to prohibit or otherwise restrict the use of funds available to any department or agency of the United States to carry out diplomatic efforts or humanitarian, development, or general reconstruction activities in Afghanistan. |
113-hr-201-ih-dtd | 113-hr-201 | 113 | hr | 201 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr201ih.xml | BILLS-113hr201ih.xml | 2023-01-08 17:42:40.934 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H506268D27A7847E298F9871D905D9D5C" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 201 IH: Poverty Impact Trigger Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 201
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="L000551">
Ms. Lee of California
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HRU00">
Committee on Rules
</committee-name>
, and in addition to the
<committee-name committee-id="HBU00">
Committee on the Budget
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require poverty impact statements for certain legislation.
</official-title>
</form>
<legis-body id="HD652A9B8C4F44DC29F766749C2E71043" style="OLC">
<section id="H66F8BA71930849C094453C1431845849" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Poverty Impact Trigger Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HE064FF6819134EC9851F3D4AFD760456">
<enum>
2.
</enum>
<header>
Certain poverty impact legislation subject to point of order
</header>
<text display-inline="no-display-inline">
Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause:
</text>
<quoted-block display-inline="no-display-inline" id="H0B59665D3F3E493CB2D06D1F0B59D0BF" style="OLC">
<rules-clause id="H695FE35888C9455AA2F5C21F8985A83A">
<rules-clause-header>
Certain legislation reported by committees
</rules-clause-header>
<enum>
12.
</enum>
<text display-inline="yes-display-inline">
It shall not be in order to consider a bill or joint resolution of a public nature authorizing an appropriation of $10,000,000 or more, unless—
</text>
<rules-paragraph id="H7A94EB2775AB48E9AAA9712FD27EFD7F">
<enum>
(a)
</enum>
<text>
the committee report accompanying the bill or joint resolution includes a CBO Poverty Index Division impact statement; or
</text>
</rules-paragraph>
<rules-paragraph id="HFD1BC77D16E141109EB4C9C292A1CF59">
<enum>
(b)
</enum>
<text>
the chair of the committee reporting the bill or joint resolution submits such statement to be published in the Congressional Record before consideration of the bill or joint resolution.
</text>
</rules-paragraph>
</rules-clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0070FD12209341B2A756130C80B40057">
<enum>
3.
</enum>
<header>
Congressional budget office poverty impact division
</header>
<subsection id="H261F4BF290F14E748E82392C4756F47F">
<enum>
(a)
</enum>
<header>
In General
</header>
<text>
Section 202 of the Congressional Budget Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/2/602">
2 U.S.C. 602
</external-xref>
) is amended by adding at the end the following new subsection:
</text>
<quoted-block id="H7801B0FC03F744859C0A6755F699F503" style="OLC">
<subsection id="HB32E2459C6D64734AA7C2651EB6CF3F9">
<enum>
(h)
</enum>
<header>
CBO Poverty Impact Division
</header>
<paragraph id="HE46660C84B894E5B949CBFF2DFC6A07E">
<enum>
(1)
</enum>
<header>
Creation
</header>
<text>
There is established within the Office the CBO Poverty Impact Division (hereinafter in this subsection referred to as the
<quote>
Division
</quote>
).
</text>
</paragraph>
<paragraph id="HA493810F3C584B5A9339CFBE5B325B61">
<enum>
(2)
</enum>
<header>
Duties and functions
</header>
<subparagraph id="H55673CA0ABD7437D8EA3C7AD70615928">
<enum>
(A)
</enum>
<header>
Preparation and submission of impact statement
</header>
<text>
When a chair of a committee of the House of Representatives submits a written request to the Division to prepare and submit to the committee a CBO Poverty Index Division impact statement, the Division shall prepare and submit such statement to the committee not later than 30 days after such request.
</text>
</subparagraph>
<subparagraph id="H3FA24692BA664A6AB8D1644365249A6D">
<enum>
(B)
</enum>
<header>
Content of impact statement
</header>
<text>
A CBO Poverty Index Division impact statement shall include the following:
</text>
<clause id="H36EF681364EB4635998B2F40508FFA65">
<enum>
(i)
</enum>
<text>
A projected ratio equal to the amount of appropriations authorized in the bill or joint resolution that will benefit individuals and families below the poverty threshold over the total amount of appropriations authorized by the bill or joint resolution.
</text>
</clause>
<clause id="HC6BD37DAD7CA497FA89B46152592CAAF">
<enum>
(ii)
</enum>
<text>
A projection of the number of individual and family incomes—
</text>
<subclause id="H1EE134B027C240B18FDDC4D511285A7D">
<enum>
(I)
</enum>
<text>
that may decrease below the poverty threshold because of the bill or joint resolution; and
</text>
</subclause>
<subclause id="H8BDF1423ECBB4A8DAF43AC9A8BAF1053">
<enum>
(II)
</enum>
<text>
that may increase above the poverty threshold because of the bill or joint resolution.
</text>
</subclause>
</clause>
<clause id="HE33EDC62A48E4307A3DBA555CBC35EBF">
<enum>
(iii)
</enum>
<text>
A projection as to how the legislation improves access to basic human services, including health care, housing, and education.
</text>
</clause>
</subparagraph>
<subparagraph id="H7FED4C723B3F475EB0B43961CCBCFBC9">
<enum>
(C)
</enum>
<header>
Poverty threshold defined
</header>
<text>
In this subsection, the term
<quote>
poverty threshold
</quote>
means an income level below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H46355A25314645529141DDFA77FBD208">
<enum>
4.
</enum>
<header>
Exercise of rulemaking powers
</header>
<text display-inline="no-display-inline">
Section 2 of this Act is enacted by the House of Representatives—
</text>
<paragraph id="H9990D74108CD4B43840BB716A57C220B">
<enum>
(1)
</enum>
<text>
as an exercise of the rulemaking power of the House of Representatives and as such it shall be considered as part of the rules of the House of Representatives and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
</text>
</paragraph>
<paragraph id="HE4A8228F2AAC479D819D483F9E062827">
<enum>
(2)
</enum>
<text>
with the full recognition of the constitutional right of the House of Representatives to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives.
</text>
</paragraph>
</section>
<section id="H97573F5F0DDF4DA9BFD1A3FC93584121">
<enum>
5.
</enum>
<header>
Effective date
</header>
<text display-inline="no-display-inline">
The amendments made by this Act shall apply to any bill or joint resolution reported by a committee of the House of Representatives after the 90-day period beginning on the date of enactment of this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 201 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Rules , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require poverty impact statements for certain legislation.
1. Short title This Act may be cited as the Poverty Impact Trigger Act of 2013 . 2. Certain poverty impact legislation subject to point of order Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Certain legislation reported by committees 12. It shall not be in order to consider a bill or joint resolution of a public nature authorizing an appropriation of $10,000,000 or more, unless— (a) the committee report accompanying the bill or joint resolution includes a CBO Poverty Index Division impact statement; or (b) the chair of the committee reporting the bill or joint resolution submits such statement to be published in the Congressional Record before consideration of the bill or joint resolution. . 3. Congressional budget office poverty impact division (a) In General Section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 ) is amended by adding at the end the following new subsection: (h) CBO Poverty Impact Division (1) Creation There is established within the Office the CBO Poverty Impact Division (hereinafter in this subsection referred to as the Division ). (2) Duties and functions (A) Preparation and submission of impact statement When a chair of a committee of the House of Representatives submits a written request to the Division to prepare and submit to the committee a CBO Poverty Index Division impact statement, the Division shall prepare and submit such statement to the committee not later than 30 days after such request. (B) Content of impact statement A CBO Poverty Index Division impact statement shall include the following: (i) A projected ratio equal to the amount of appropriations authorized in the bill or joint resolution that will benefit individuals and families below the poverty threshold over the total amount of appropriations authorized by the bill or joint resolution. (ii) A projection of the number of individual and family incomes— (I) that may decrease below the poverty threshold because of the bill or joint resolution; and (II) that may increase above the poverty threshold because of the bill or joint resolution. (iii) A projection as to how the legislation improves access to basic human services, including health care, housing, and education. (C) Poverty threshold defined In this subsection, the term poverty threshold means an income level below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act). . 4. Exercise of rulemaking powers Section 2 of this Act is enacted by the House of Representatives— (1) as an exercise of the rulemaking power of the House of Representatives and as such it shall be considered as part of the rules of the House of Representatives and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with the full recognition of the constitutional right of the House of Representatives to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives. 5. Effective date The amendments made by this Act shall apply to any bill or joint resolution reported by a committee of the House of Representatives after the 90-day period beginning on the date of enactment of this Act. |
113-hr-202-ih-dtd | 113-hr-202 | 113 | hr | 202 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr202ih.xml | BILLS-113hr202ih.xml | 2023-01-08 17:42:41.185 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H0EEB05C015BD4ECE8BEEEEE8CCC7D8D2" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 202 IH: To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 202
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M001177">
Mr. McClintock
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Water Pollution Control Act to limit
citizens suits against publicly owned treatment works, to provide for defenses,
to extend the period of a permit, to limit attorneys fees, and for other
purposes.
</official-title>
</form>
<legis-body id="H113FB1D47D57446AA458D1347642571F" style="OLC">
<section id="H75EEDF754D134A6E86A7AE78222241B9" section-type="section-one">
<enum>
1.
</enum>
<header>
Limitation on citizen suit
provision
</header>
<text display-inline="no-display-inline">
Section 505 of the
Federal Water Pollution Control Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1365">
33 U.S.C. 1365
</external-xref>
) is amended—
</text>
<paragraph id="HB0DD2C1E771A46D28FAC061E110F775E">
<enum>
(1)
</enum>
<text>
in subsection (a)
by striking
<quote>
subsection (b)
</quote>
and inserting
<quote>
subsections (b)
and (i)
</quote>
; and
</text>
</paragraph>
<paragraph id="HB1687EA864DD48DB99A46B2445F680BF">
<enum>
(2)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0132C1D38E32460F8AB161295F6D8C0C" style="OLC">
<subsection id="H1A178638DCDD4C6BB920A602297DE845">
<enum>
(i)
</enum>
<header>
Limitation for
POTW suits
</header>
<paragraph id="HAFE13063B1C948EFB5417025B65CE3D5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
No action may be commenced under subsection (a)(1) by a
citizen with respect to a publicly owned treatment works to enforce an effluent
standard or limitation under this Act or an order issued by the Administrator
or a State with respect to such a standard or limitation unless the publicly
owned treatment works is in significant non-compliance, as defined in the
Environmental Protection Agency’s December 12, 1996, guidance document entitled
<quote>
A General Design for SNC Redefinition Enhancement in PCS
</quote>
.
</text>
</paragraph>
<paragraph id="HC6BCE75EF040490BAC6F7345222F85E7">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
Notwithstanding paragraph (1), no action
may be commenced under subsection (a)(1) with respect to a publicly owned
treatment works that is in significant non-compliance based on a manual
designation, as defined in the Environmental Protection Agency’s December 12,
1996, guidance document entitled ‘A General Design for SNC Redefinition
Enhancement in PCS’.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HA1738376095C441B9E79015D089B51FC">
<enum>
2.
</enum>
<header>
Affirmative
defenses
</header>
<text display-inline="no-display-inline">
Section 309 of the
Federal Water Pollution Control Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1319">
33 U.S.C. 1319
</external-xref>
) is amended by adding at
the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H460498D2330945B8975DFFA94C91F8FF" style="OLC">
<subsection id="HBB1E208BC9C4463A905E202C69640F92">
<enum>
(h)
</enum>
<header>
Affirmative
defenses
</header>
<paragraph id="HBA6CD3173E6E4E20B485090A100D6ABE">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
There shall be no liability under this Act for a person
otherwise liable for the unlawful discharge of a pollutant from a publicly
owned treatment works who can establish by a preponderance of the evidence that
the immediate cause of the unlawful discharge and any damages was—
</text>
<subparagraph id="H693D79CFDD7C430F816E83AF7E05A305">
<enum>
(A)
</enum>
<text>
an act of
God;
</text>
</subparagraph>
<subparagraph id="HAA5D74600A0249ACB61A951E30AC6240">
<enum>
(B)
</enum>
<text>
an act of
war;
</text>
</subparagraph>
<subparagraph id="H069A55F32BF446A4AA321B14F945EBBE">
<enum>
(C)
</enum>
<text>
an act or omission
of a third party other than an employee or agent of the defendant, or than one
whose act or omission occurs in connection with a contractual relationship,
existing directly or indirectly, with the defendant, if the defendant
establishes by a preponderance of the evidence that—
</text>
<clause id="HD55DC0577655454998D23B4C2BCA27DD">
<enum>
(i)
</enum>
<text>
he
exercised due care in light of all relevant facts and circumstances; and
</text>
</clause>
<clause id="HB77416FA4BE94883874FECA7BAB9C245">
<enum>
(ii)
</enum>
<text>
he took
precautions against foreseeable acts or omissions of any such third party and
the consequences that could foreseeably result from such acts or omissions;
or
</text>
</clause>
</subparagraph>
<subparagraph id="H251BF8A713884DAD96B485E126B0CE06">
<enum>
(D)
</enum>
<text>
any combination of
the foregoing subparagraphs.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0145DAD30C844E018F91645DF0965C76">
<enum>
(2)
</enum>
<header>
Additional
defenses
</header>
<text display-inline="yes-display-inline">
All general
defenses, affirmative defenses, and bars to prosecution that may apply with
respect to other Federal criminal offenses may apply under this Act and shall
be determined by the courts of the United States according to the principles of
common law as they may be interpreted in the light of reason and experience.
Concepts of justification and excuse applicable under this section may be
developed in the light of reason and
experience.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H4269595B929F4560B2C5853FCCCE7DDD">
<enum>
3.
</enum>
<header>
Waiting
period
</header>
<text display-inline="no-display-inline">
In implementing the
Federal Water Pollution Control Act, the Administrator of the Environmental
Protection Agency or a State, as the case may be, shall provide a 60-day
waiting period between the notice of a violation of the Act by a publicly owned
treatment works and the issuance of a civil penalty. If within such 60-day
period the publicly owned treatment works submits a viable plan for correcting
the non-compliance that is the subject of the notice and thereafter diligently
implements such plan, the Administrator shall not assess a civil penalty for
the notice of violation.
</text>
</section>
<section id="H0597D800483847B2ABC57AE73391671B">
<enum>
4.
</enum>
<header>
Permit
length
</header>
<subsection id="H46084DD033FE4616BD40B48A0B6903C7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other law, any permit issued to the owner or operator of a publicly owned
treatment works by the Administrator of the Environmental Protection Agency or
a State, as the case may be, to discharge a pollutant under the Federal Water
Pollution Control Act shall have a 15-year term.
</text>
</subsection>
<subsection id="H4937518571D94C1086F2629BF9E6639B">
<enum>
(b)
</enum>
<header>
Conforming
amendment
</header>
<text display-inline="yes-display-inline">
Section
402(b)(1)(B) of the Federal Water Pollution Control Act is amended by striking
<quote>
five years
</quote>
and inserting
<quote>
5 years, or, in the case of a
publicly owned treatment works, 15 years
</quote>
.
</text>
</subsection>
</section>
<section id="HAF1252D3CBC0461CB815C3B319348FA6">
<enum>
5.
</enum>
<header>
Attorney’s
fees
</header>
<text display-inline="no-display-inline">
Section 505(d) of the
Federal Water Pollution Control Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1365">
33 U.S.C. 1365(d)
</external-xref>
) is amended by inserting
after the first sentence the following:
<quote>
With respect to an action
involving a publicly owned treatment works, the court, in determining whether
the costs of litigation (including attorney and expert witness fees) are
reasonable, shall consider the prevailing rate of such fees in the community
where the publicly owned treatment works is located.
</quote>
.
</text>
</section>
<section id="HCF713E27931B490DAC9E040FE3069C4B">
<enum>
6.
</enum>
<header>
Cost benefit
analysis
</header>
<text display-inline="no-display-inline">
Notwithstanding any
other law, any new or increased treatment requirement associated with a permit
issued to the owner or operator of a publicly owned treatment works by the
Administrator of the Environmental Protection Agency or a State, as the case
may be, to discharge a pollutant under the Federal Water Pollution Control Act
shall be subject to a cost-benefit analysis performed by the Administrator or
the State to ensure that the costs imposed on such owner or operator to comply
with such new or increased requirement are outweighed by the benefit to the
public of the new or increased requirement.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 202 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McClintock introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.
1. Limitation on citizen suit provision Section 505 of the Federal Water Pollution Control Act ( 33 U.S.C. 1365 ) is amended— (1) in subsection (a) by striking subsection (b) and inserting subsections (b) and (i) ; and (2) by adding at the end the following: (i) Limitation for POTW suits (1) In general No action may be commenced under subsection (a)(1) by a citizen with respect to a publicly owned treatment works to enforce an effluent standard or limitation under this Act or an order issued by the Administrator or a State with respect to such a standard or limitation unless the publicly owned treatment works is in significant non-compliance, as defined in the Environmental Protection Agency’s December 12, 1996, guidance document entitled A General Design for SNC Redefinition Enhancement in PCS . (2) Exception Notwithstanding paragraph (1), no action may be commenced under subsection (a)(1) with respect to a publicly owned treatment works that is in significant non-compliance based on a manual designation, as defined in the Environmental Protection Agency’s December 12, 1996, guidance document entitled ‘A General Design for SNC Redefinition Enhancement in PCS’. . 2. Affirmative defenses Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended by adding at the end the following: (h) Affirmative defenses (1) In general There shall be no liability under this Act for a person otherwise liable for the unlawful discharge of a pollutant from a publicly owned treatment works who can establish by a preponderance of the evidence that the immediate cause of the unlawful discharge and any damages was— (A) an act of God; (B) an act of war; (C) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant, if the defendant establishes by a preponderance of the evidence that— (i) he exercised due care in light of all relevant facts and circumstances; and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or (D) any combination of the foregoing subparagraphs. (2) Additional defenses All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under this Act and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience. . 3. Waiting period In implementing the Federal Water Pollution Control Act, the Administrator of the Environmental Protection Agency or a State, as the case may be, shall provide a 60-day waiting period between the notice of a violation of the Act by a publicly owned treatment works and the issuance of a civil penalty. If within such 60-day period the publicly owned treatment works submits a viable plan for correcting the non-compliance that is the subject of the notice and thereafter diligently implements such plan, the Administrator shall not assess a civil penalty for the notice of violation. 4. Permit length (a) In general Notwithstanding any other law, any permit issued to the owner or operator of a publicly owned treatment works by the Administrator of the Environmental Protection Agency or a State, as the case may be, to discharge a pollutant under the Federal Water Pollution Control Act shall have a 15-year term. (b) Conforming amendment Section 402(b)(1)(B) of the Federal Water Pollution Control Act is amended by striking five years and inserting 5 years, or, in the case of a publicly owned treatment works, 15 years . 5. Attorney’s fees Section 505(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1365(d) ) is amended by inserting after the first sentence the following: With respect to an action involving a publicly owned treatment works, the court, in determining whether the costs of litigation (including attorney and expert witness fees) are reasonable, shall consider the prevailing rate of such fees in the community where the publicly owned treatment works is located. . 6. Cost benefit analysis Notwithstanding any other law, any new or increased treatment requirement associated with a permit issued to the owner or operator of a publicly owned treatment works by the Administrator of the Environmental Protection Agency or a State, as the case may be, to discharge a pollutant under the Federal Water Pollution Control Act shall be subject to a cost-benefit analysis performed by the Administrator or the State to ensure that the costs imposed on such owner or operator to comply with such new or increased requirement are outweighed by the benefit to the public of the new or increased requirement. |
113-hr-203-ih-dtd | 113-hr-203 | 113 | hr | 203 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr203ih.xml | BILLS-113hr203ih.xml | 2023-01-08 17:42:40.351 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HAABF68E8D78845DCB2EC506EC8E40151" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 203 IH: Pool Safety and Accessibility for Everyone Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 203
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="M001182">
Mr. Mulvaney
</sponsor>
(for
himself,
<cosponsor name-id="R000587">
Mr. Ribble
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="F000460">
Mr. Farenthold
</cosponsor>
,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
,
<cosponsor name-id="C001077">
Mr. Coffman
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="S001183">
Mr. Schweikert
</cosponsor>
,
<cosponsor name-id="O000169">
Mr. Owens
</cosponsor>
,
<cosponsor name-id="L000575">
Mr. Lankford
</cosponsor>
,
<cosponsor name-id="T000462">
Mr. Tiberi
</cosponsor>
,
<cosponsor name-id="A000369">
Mr. Amodei
</cosponsor>
, and
<cosponsor name-id="G000560">
Mr. Graves of Georgia
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To direct the Attorney General to revise certain rules
under titles II and III of the Americans with Disabilities Act of 1990 relating
to accessible means of entry to pools.
</official-title>
</form>
<legis-body id="H902120C00AA040299D1F188E4BD7E8CB" style="OLC">
<section id="HBD6BF2A3908D4B3F9624D56240C57E8F" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Pool Safety and Accessibility for
Everyone Act
</short-title>
</quote>
or the
<quote>
<short-title>
Pool SAFE Act
</short-title>
</quote>
.
</text>
</section>
<section id="H7EDDA906DFF2410D9BEBB2BB46C255AD">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="HF547F9142B4640D981B5048D0A254A39">
<enum>
(1)
</enum>
<text>
One of the
purposes of the Americans with Disabilities Act of 1990 is to
<quote>
provide a
clear and comprehensive national mandate for the elimination of discrimination
against individuals with disabilities
</quote>
.
</text>
</paragraph>
<paragraph id="H02EC1434B1304164945E9F7FD0D4C705">
<enum>
(2)
</enum>
<text>
The Nation’s
proper goals regarding individuals with disabilities are to ensure equality of
opportunity and full participation for such individuals.
</text>
</paragraph>
<paragraph id="HC99ACCB3C14C4995A35BD58668705666">
<enum>
(3)
</enum>
<text>
The Department of
Justice’s revised regulations for titles II and III of the Americans with
Disabilities Act of 1990 (as in effect on the date of enactment of this Act)
recognize that public accommodations should provide access to their amenities
to individuals with disabilities.
</text>
</paragraph>
<paragraph id="H3461E4C241B042BB84621A41987001A2">
<enum>
(4)
</enum>
<text>
It is important
for public accommodations to provide access to their amenities, including
pools, to individuals with disabilities.
</text>
</paragraph>
<paragraph id="H8B95CA9560754EC4BFDF4EA210512F5C">
<enum>
(5)
</enum>
<text>
Public
accommodations should provide access to their amenities, including pools, in a
reasonable, efficient, and expedient manner that accounts for the interests of
individuals with disabilities and also considers other legitimate concerns,
such as safety and feasibility.
</text>
</paragraph>
<paragraph id="H19EA1C79F430479DB90098E519669E4C">
<enum>
(6)
</enum>
<text>
The revised
regulations for titles II and III of the Americans with Disabilities Act of
1990, as the regulations relate to the accessibility of pools at public
accommodations, do not reasonably or adequately balance the access needs of
individuals with disabilities with other legitimate, and sometimes competing,
safety and feasibility concerns.
</text>
</paragraph>
</section>
<section id="HF0E87B42FBB948D4B565F3AABF87DD24">
<enum>
3.
</enum>
<header>
Revision of
rules
</header>
<subsection id="H7C973B0E94C5400AA9F104D4E05069BD">
<enum>
(a)
</enum>
<header>
Extension of
compliance deadline
</header>
<paragraph id="H5DCB7B1B6E7446D98808E6992A7DED87">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
No suit may be
brought for an alleged violation of the revised regulations for titles II and
III of the Americans with Disabilities Act of 1990 (part 36 of title 28, Code
of Federal Regulations, as in effect on the date of enactment of this Act)
regarding the requirements for a public accommodation or commercial facility to
provide an accessible means of entry to pools that occurred on or after January
31, 2013, and before the date that is 1 year after the date of enactment of
this Act. The Attorney General may not investigate or initiate a compliance
review of such an alleged violation.
</text>
</paragraph>
<paragraph id="HA8D2ABC842264CBB9735EFE9E67A7BA0">
<enum>
(2)
</enum>
<header>
Pending
proceedings dismissed
</header>
<text>
Beginning on the date of enactment of this
Act, any suit against a public accommodation or commercial facility for a
violation described in paragraph (1) that is brought on or after January 31,
2013, and before the date of enactment of this Act, shall be dismissed.
</text>
</paragraph>
</subsection>
<subsection id="H78DDDF01563C4645BEC358CD7B536476">
<enum>
(b)
</enum>
<header>
Revision of
rules
</header>
<text>
Not later than 60 days after the date of enactment of this
Act, the Attorney General shall revise
<external-xref legal-doc="usc" parsable-cite="usc/28/36">
section 36.304
</external-xref>
of title 28, Code of
Federal Regulations, and any other appropriate rules in part 36 of such title
to provide that—
</text>
<paragraph id="HDB8E0D2002554419BCF5376FAC622047">
<enum>
(1)
</enum>
<text>
a
public accommodation or commercial facility that has a pool and uses a portable
pool lift on request shall be in compliance with the requirement under such
rules to provide an accessible means of entry to such pool, even if
installation of a permanent lift is readily achievable; and
</text>
</paragraph>
<paragraph id="H4017F8E467804E35A3D16D499E352381">
<enum>
(2)
</enum>
<text>
a
public accommodation or commercial facility that has more than 1 pool and uses
1 portable pool lift on request for all such pools shall be in compliance with
the requirement under such rules to provide an accessible means of entry to
each such pool.
</text>
</paragraph>
</subsection>
<subsection id="H7FF3298F076645FE817B9AC46FE9A217">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<paragraph id="HA8066E905D8944759E8DAC8FA4E713A0">
<enum>
(1)
</enum>
<header>
Commercial
facilities; public accommodation
</header>
<text>
The terms
<term>
commercial
facilities
</term>
and
<term>
public accommodation
</term>
have the meanings given
the terms in section 301 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12181).
</text>
</paragraph>
<paragraph id="H1BD8BC604E4D421293B77DB9B57004B8">
<enum>
(2)
</enum>
<header>
Pool
</header>
<text>
The
term
<term>
pool
</term>
means a swimming pool, wading pool, sauna, steam room,
spa, wave pool, lazy river, sand bottom pool, other water amusement, or any
other manmade body of water to which part 36 of title 28, Code of Federal
Regulations, requires a public accommodation or commercial facility to provide
an accessible means of entry.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 203 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Mulvaney (for himself, Mr. Ribble , Mr. Jones , Mr. Farenthold , Mr. Westmoreland , Mr. Coffman , Mr. Roe of Tennessee , Mr. Schweikert , Mr. Owens , Mr. Lankford , Mr. Tiberi , Mr. Amodei , and Mr. Graves of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to revise certain rules under titles II and III of the Americans with Disabilities Act of 1990 relating to accessible means of entry to pools.
1. Short title This Act may be cited as the Pool Safety and Accessibility for Everyone Act or the Pool SAFE Act . 2. Findings Congress finds the following: (1) One of the purposes of the Americans with Disabilities Act of 1990 is to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities . (2) The Nation’s proper goals regarding individuals with disabilities are to ensure equality of opportunity and full participation for such individuals. (3) The Department of Justice’s revised regulations for titles II and III of the Americans with Disabilities Act of 1990 (as in effect on the date of enactment of this Act) recognize that public accommodations should provide access to their amenities to individuals with disabilities. (4) It is important for public accommodations to provide access to their amenities, including pools, to individuals with disabilities. (5) Public accommodations should provide access to their amenities, including pools, in a reasonable, efficient, and expedient manner that accounts for the interests of individuals with disabilities and also considers other legitimate concerns, such as safety and feasibility. (6) The revised regulations for titles II and III of the Americans with Disabilities Act of 1990, as the regulations relate to the accessibility of pools at public accommodations, do not reasonably or adequately balance the access needs of individuals with disabilities with other legitimate, and sometimes competing, safety and feasibility concerns. 3. Revision of rules (a) Extension of compliance deadline (1) In general No suit may be brought for an alleged violation of the revised regulations for titles II and III of the Americans with Disabilities Act of 1990 (part 36 of title 28, Code of Federal Regulations, as in effect on the date of enactment of this Act) regarding the requirements for a public accommodation or commercial facility to provide an accessible means of entry to pools that occurred on or after January 31, 2013, and before the date that is 1 year after the date of enactment of this Act. The Attorney General may not investigate or initiate a compliance review of such an alleged violation. (2) Pending proceedings dismissed Beginning on the date of enactment of this Act, any suit against a public accommodation or commercial facility for a violation described in paragraph (1) that is brought on or after January 31, 2013, and before the date of enactment of this Act, shall be dismissed. (b) Revision of rules Not later than 60 days after the date of enactment of this Act, the Attorney General shall revise section 36.304 of title 28, Code of Federal Regulations, and any other appropriate rules in part 36 of such title to provide that— (1) a public accommodation or commercial facility that has a pool and uses a portable pool lift on request shall be in compliance with the requirement under such rules to provide an accessible means of entry to such pool, even if installation of a permanent lift is readily achievable; and (2) a public accommodation or commercial facility that has more than 1 pool and uses 1 portable pool lift on request for all such pools shall be in compliance with the requirement under such rules to provide an accessible means of entry to each such pool. (c) Definitions (1) Commercial facilities; public accommodation The terms commercial facilities and public accommodation have the meanings given the terms in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181). (2) Pool The term pool means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, other water amusement, or any other manmade body of water to which part 36 of title 28, Code of Federal Regulations, requires a public accommodation or commercial facility to provide an accessible means of entry. |
113-hr-204-ih-dtd | 113-hr-204 | 113 | hr | 204 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr204ih.xml | BILLS-113hr204ih.xml | 2023-01-08 17:42:40.179 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HE494E8DCCCE14F8C9362C530DB444A5E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 204 IH: Common Sense Waiver Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 204
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="O000169">
Mr. Owens
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize the Administrator of the Environmental
Protection Agency to waive any emission standard or other requirement under
section 112 of the Clean Air Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/7412">
42 U.S.C. 7412
</external-xref>
) applicable to the control of
asbestos emissions in the demolition or renovation of a condemned building for
which there is a reasonable expectation of structural failure.
</official-title>
</form>
<legis-body id="H2C80050B9F744FFF8A854A84B4E14A14" style="OLC">
<section id="H6F0E881E89E84DC49B36B0ECEC19859F" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Common Sense Waiver Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H10DCB8C261804C1789A4A4FD655F8F6E">
<enum>
2.
</enum>
<header>
Waiver from
asbestos NESHAP requirements for demolition or renovation of condemned
buildings
</header>
<subsection id="H8FC051DC0A3B4998A18759484CB62A6D">
<enum>
(a)
</enum>
<header>
Waiver
</header>
<text display-inline="yes-display-inline">
At the request of a State or local
government, the Administrator of the Environmental Protection Agency (in this
section referred to as the
<quote>
Administrator
</quote>
) may waive any emission
standard or other requirement under section 112 of the Clean Air Act (42 U.S.C.
7412) applicable to the control of asbestos emissions in the demolition or
renovation of a building.
</text>
</subsection>
<subsection id="H5141A74DB6394FBC97D64B01E0ED1BD5">
<enum>
(b)
</enum>
<header>
Standard for
approval
</header>
<text display-inline="yes-display-inline">
The Administrator
may approve a request for a waiver under subsection (a) only if the request
demonstrates that—
</text>
<paragraph id="H1B80CA72A2DB41E2BED4694D99190808">
<enum>
(1)
</enum>
<text>
the building has
been condemned; and
</text>
</paragraph>
<paragraph id="H59EE1FBB2D49474393B8877980E0B29F">
<enum>
(2)
</enum>
<text>
there is a
reasonable expectation of the building’s structural failure.
</text>
</paragraph>
</subsection>
<subsection id="H72B0F9A4B5FE4BE1B34843804E1A3493">
<enum>
(c)
</enum>
<header>
Time period for
approval or disapproval of request for waiver
</header>
<text display-inline="yes-display-inline">
The Administrator shall approve or
disapprove a request for a waiver under subsection (a) within 90 days after the
date on which the request is received by the Administrator. If the
Administrator fails to approve or disapprove such a request by the end of such
90-day period, the request is deemed to be approved.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 204 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Administrator of the Environmental Protection Agency to waive any emission standard or other requirement under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) applicable to the control of asbestos emissions in the demolition or renovation of a condemned building for which there is a reasonable expectation of structural failure.
1. Short title This Act may be cited as the Common Sense Waiver Act of 2013 . 2. Waiver from asbestos NESHAP requirements for demolition or renovation of condemned buildings (a) Waiver At the request of a State or local government, the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator ) may waive any emission standard or other requirement under section 112 of the Clean Air Act (42 U.S.C. 7412) applicable to the control of asbestos emissions in the demolition or renovation of a building. (b) Standard for approval The Administrator may approve a request for a waiver under subsection (a) only if the request demonstrates that— (1) the building has been condemned; and (2) there is a reasonable expectation of the building’s structural failure. (c) Time period for approval or disapproval of request for waiver The Administrator shall approve or disapprove a request for a waiver under subsection (a) within 90 days after the date on which the request is received by the Administrator. If the Administrator fails to approve or disapprove such a request by the end of such 90-day period, the request is deemed to be approved. |
113-hr-205-ih-dtd | 113-hr-205 | 113 | hr | 205 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr205ih.xml | BILLS-113hr205ih.xml | 2023-01-08 17:42:40.038 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H973BEE70B95C4FB8BA39CD4C3257385A" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 205 IH: To amend the Internal Revenue Code of 1986 to clarify the treatment of certain retirement plan contributions picked up by governmental employers.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 205
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000030">
Ms. Loretta Sanchez of
California
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to clarify the
treatment of certain retirement plan contributions picked up by governmental
employers.
</official-title>
</form>
<legis-body id="H975729071F3847DAA5D9C8C253F552D0" style="OLC">
<section id="HD2D0F2C182604DAC83523842C5A7D2D9" section-type="section-one">
<enum>
1.
</enum>
<header>
Clarification of treatment of
certain retirement plan contributions picked up by governmental
employers
</header>
<subsection id="H729ED078AF6F4E1E87587F4E4273BE61">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Paragraph (2) of
<external-xref legal-doc="usc" parsable-cite="usc/26/414">
section 414(h)
</external-xref>
of the Internal Revenue Code of 1986 is amended—
</text>
<paragraph id="H68B4B4C4AE174369A8E38273942EBC0F">
<enum>
(1)
</enum>
<text>
by striking
<quote>
For purposes of paragraph (1)
</quote>
and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H0402B9C38DA24A7BBA2B2D4784350A63" style="OLC">
<subparagraph id="H5B7B1EAD01E4466C8323C9DD8304B39E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
For purposes of
paragraph (1)
</text>
</subparagraph>
<after-quoted-block>
,
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H47974AED7CB94DE3B6597F6769D2EE36">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H80A1B0E44FBD417CB2B0BC98734A32D3" style="OLC">
<subparagraph id="HECA70C5B11B345368414BE3A041CFE43">
<enum>
(B)
</enum>
<header>
Treatment of
elections between alternative benefit formulas
</header>
<clause id="H1B3DA9D431734F3EA65935730DBA09DB">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
For purposes of
subparagraph (A), a contribution shall not fail to be treated as picked up by
an employing unit merely because the employee may make an irrevocable election
between the application of two alternative benefit formulas involving the same
or different levels of employee contributions.
</text>
</clause>
<clause id="H9A7B3CD1D944452ABF282173B7322DBA">
<enum>
(ii)
</enum>
<header>
Application to
existing employees
</header>
<text>
Clause (i) shall be applied without regard to
whether the employee is already covered by one of the benefit formulas referred
to
therein.
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H952A1FFE71F34DF98E9AD8B6B9A2AB32">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendment made by this section shall apply to years
ending after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 205 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to clarify the treatment of certain retirement plan contributions picked up by governmental employers.
1. Clarification of treatment of certain retirement plan contributions picked up by governmental employers (a) In general Paragraph (2) of section 414(h) of the Internal Revenue Code of 1986 is amended— (1) by striking For purposes of paragraph (1) and inserting the following: (A) In general For purposes of paragraph (1) , and (2) by adding at the end the following new subparagraph: (B) Treatment of elections between alternative benefit formulas (i) In general For purposes of subparagraph (A), a contribution shall not fail to be treated as picked up by an employing unit merely because the employee may make an irrevocable election between the application of two alternative benefit formulas involving the same or different levels of employee contributions. (ii) Application to existing employees Clause (i) shall be applied without regard to whether the employee is already covered by one of the benefit formulas referred to therein. . (b) Effective date The amendment made by this section shall apply to years ending after the date of the enactment of this Act. |
113-hr-206-ih-dtd | 113-hr-206 | 113 | hr | 206 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr206ih.xml | BILLS-113hr206ih.xml | 2023-01-08 17:42:39.835 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3C54339F0E6744B7B86A428479FFD4F0" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 206 IH: STALKERS Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 206
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000030">
Ms. Loretta Sanchez of
California
</sponsor>
(for herself and
<cosponsor name-id="F000450">
Ms.
Foxx
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
, and in addition to the
<committee-name committee-id="HBU00">
Committee on the Budget
</committee-name>
,
for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 18, United States Code, with respect to
the offense of stalking.
</official-title>
</form>
<legis-body id="H7BBD1ED673B9497FB489E8D577C286F7" style="OLC">
<section id="H3228892284014E438D6B3D13A9CD47FD" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
STALKERS Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H2872EF023C484EEB9C21173CC96237BE">
<enum>
2.
</enum>
<header>
Stalking
</header>
<subsection id="H1E65E20E664A47B4AD8E8EEF58A97F2C">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/2261A">
Section 2261A
</external-xref>
of title 18, United States Code, is amended
to read as follows:
</text>
<quoted-block id="HB85056A7223C4C1A8DCF0B2E1C2B7751" style="USC">
<section id="H79EEF144279C44088D265577F9ADC1C9">
<enum>
2261A.
</enum>
<header>
Stalking
</header>
<subsection id="H088AF75DED2D4DC38CC06C424ED3A01D">
<enum>
(a)
</enum>
<text>
Whoever, with
intent to kill, physically injure, harass, or intimidate a person, or place
under surveillance with the intent to kill, physically injure, harass, or
intimidate a person, travels in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United States, or enters
or leaves Indian country, and in the course of, or as a result of, such
travel—
</text>
<paragraph id="HCFCA04740AE8496097066070B277C889">
<enum>
(1)
</enum>
<text>
causes or attempts
to cause bodily injury or serious emotional distress to a person other than the
person engaging in the conduct; or
</text>
</paragraph>
<paragraph id="H3953ACB2F9274EA6B7B21345786B6739">
<enum>
(2)
</enum>
<text>
engages in conduct
that would be reasonably expected to cause the other person serious emotional
distress;
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
shall be
punished as provided in subsection (c).
</continuation-text>
</subsection>
<subsection id="HC2F9C338F39B41FDA6D50EBC47F7E92F">
<enum>
(b)
</enum>
<text>
Whoever, with
intent to kill, physically injure, harass, or intimidate a person, engages in a
course of conduct in or substantially affecting interstate or foreign commerce
that—
</text>
<paragraph id="HD389CDC93B224841B5EAAE34F50BA7FE">
<enum>
(1)
</enum>
<text>
causes or attempts
to cause bodily injury or serious emotional distress to a person other than the
person engaging in the conduct; or
</text>
</paragraph>
<paragraph id="HF4068AD8DBB54668B66015CA7B92FEC6">
<enum>
(2)
</enum>
<text>
occurs in
circumstances where the conduct would be reasonably expected to cause the other
person serious emotional distress;
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
shall be
punished as provided in subsection (c).
</continuation-text>
</subsection>
<subsection id="HEB3658E956934A11830C3CC07C484051">
<enum>
(c)
</enum>
<text>
The punishment for
an offense under this section is the same as that for an offense under section
2261, except that—
</text>
<paragraph id="H58C63E43371B422D9277F04902AC2CDE">
<enum>
(1)
</enum>
<text>
if the offense
involves conduct in violation of a protection order; and
</text>
</paragraph>
<paragraph id="H84025800B7B34087970850BD6DD8382F">
<enum>
(2)
</enum>
<text>
if the victim of
the offense is under the age of 18 years or over the age of 65 years, the
offender has reached the age of 18 years at the time the offense was committed,
and the offender knew or should have known that the victim was under the age of
18 years or over the age of 65 years;
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
the
maximum term of imprisonment that may be imposed is increased by 5 years over
the term of imprisonment otherwise provided for that offense in section
2261.
</continuation-text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H47516B82ABE54412A5E135BED81BD0FD">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text>
The item relating to section 2261A in the table of
sections at the beginning of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/18/110A">
chapter 110A
</external-xref>
of title 18, United States Code, is
amended to read as follows:
</text>
<quoted-block id="H006EEA1358AA47BF9FD0DF1A1DC5FABC" style="USC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
2261A.
Stalking.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HD2869DAEEA9E4A20A99BC42932E9C7A9">
<enum>
3.
</enum>
<header>
Best practices
regarding enforcement of anti-stalking laws to be included in annual report of
the Attorney General
</header>
<text display-inline="no-display-inline">
In the
annual report under
<external-xref legal-doc="usc" parsable-cite="usc/28/529">
section 529
</external-xref>
of title 28, United States Code, the Attorney
General shall—
</text>
<paragraph id="H44CA48E7AC484C9CB7EDA2D38A1F555D">
<enum>
(1)
</enum>
<text>
include an
evaluation of Federal, tribal, State, and local efforts to enforce laws
relating to stalking; and
</text>
</paragraph>
<paragraph id="HC1F2A3758C744D4C804DD37EB7CD83FA">
<enum>
(2)
</enum>
<text>
identify and
describe those elements of such efforts that constitute the best practices for
the enforcement of such laws.
</text>
</paragraph>
</section>
<section id="H36DE295DC97948628A369DB1C5AA0126">
<enum>
4.
</enum>
<header>
PAYGO
Compliance
</header>
<text display-inline="no-display-inline">
The budgetary
effects of this Act, for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
statement titled
<quote>
Budgetary Effects of PAYGO Legislation
</quote>
for this
Act, submitted for printing in the Congressional Record by the Chairman of the
House Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 206 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Loretta Sanchez of California (for herself and Ms. Foxx ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, with respect to the offense of stalking.
1. Short title This Act may be cited as the STALKERS Act of 2013 . 2. Stalking (a) In general Section 2261A of title 18, United States Code, is amended to read as follows: 2261A. Stalking (a) Whoever, with intent to kill, physically injure, harass, or intimidate a person, or place under surveillance with the intent to kill, physically injure, harass, or intimidate a person, travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, and in the course of, or as a result of, such travel— (1) causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; or (2) engages in conduct that would be reasonably expected to cause the other person serious emotional distress; shall be punished as provided in subsection (c). (b) Whoever, with intent to kill, physically injure, harass, or intimidate a person, engages in a course of conduct in or substantially affecting interstate or foreign commerce that— (1) causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; or (2) occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress; shall be punished as provided in subsection (c). (c) The punishment for an offense under this section is the same as that for an offense under section 2261, except that— (1) if the offense involves conduct in violation of a protection order; and (2) if the victim of the offense is under the age of 18 years or over the age of 65 years, the offender has reached the age of 18 years at the time the offense was committed, and the offender knew or should have known that the victim was under the age of 18 years or over the age of 65 years; the maximum term of imprisonment that may be imposed is increased by 5 years over the term of imprisonment otherwise provided for that offense in section 2261. . (b) Clerical amendment The item relating to section 2261A in the table of sections at the beginning of chapter 110A of title 18, United States Code, is amended to read as follows: 2261A. Stalking. . 3. Best practices regarding enforcement of anti-stalking laws to be included in annual report of the Attorney General In the annual report under section 529 of title 28, United States Code, the Attorney General shall— (1) include an evaluation of Federal, tribal, State, and local efforts to enforce laws relating to stalking; and (2) identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws. 4. PAYGO Compliance The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. |
113-hr-207-ih-dtd | 113-hr-207 | 113 | hr | 207 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr207ih.xml | BILLS-113hr207ih.xml | 2023-01-08 17:42:39.937 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3FB14430C9CB4543B21A3BC8CD32476D" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 207 IH: To amend the Internal Revenue Code of 1986 to make members of health care sharing ministries eligible to establish health savings accounts.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 207
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S001179">
Mr. Schock
</sponsor>
(for
himself,
<cosponsor name-id="B001256">
Mrs. Bachmann
</cosponsor>
,
<cosponsor name-id="K000362">
Mr. King of Iowa
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="H001057">
Mr. Huelskamp
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="P000373">
Mr. Pitts
</cosponsor>
,
<cosponsor name-id="P000599">
Mr. Posey
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
, and
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to make
members of health care sharing ministries eligible to establish health savings
accounts.
</official-title>
</form>
<legis-body id="HA5520CCDF8CA4CF7BFE7C2C5CF2D99B0" style="OLC">
<section id="H3E9F47AEDBF742DDAD1F72C1D75EBD01" section-type="section-one">
<enum>
1.
</enum>
<header>
Members of health care
sharing ministries eligible to establish health savings accounts
</header>
<subsection id="H49E0D48597814FCB85D91289A24E59C9">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 223 of the
Internal Revenue Code of 1986 is amended by adding at the end the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H79BB9AC4DEA64B73A3517BC41BE62555" style="OLC">
<subsection id="HB8B7F5F5F7884C34A2E4C4EDF7EFF7E9">
<enum>
(i)
</enum>
<header>
Application to
health care sharing ministries
</header>
<text display-inline="yes-display-inline">
For purposes of this section, membership in
a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall
be treated as coverage under a high deductible health
plan.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H59001941EA7A4A5DA298E7085FD3AE6F">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendment made by this section shall apply to taxable
years beginning after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 207 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Schock (for himself, Mrs. Bachmann , Mr. King of Iowa , Mr. Jones , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Pitts , Mr. Posey , Mr. Roe of Tennessee , Mr. Walberg , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make members of health care sharing ministries eligible to establish health savings accounts.
1. Members of health care sharing ministries eligible to establish health savings accounts (a) In general Section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Application to health care sharing ministries For purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under a high deductible health plan. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. |
113-hr-208-ih-dtd | 113-hr-208 | 113 | hr | 208 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr208ih.xml | BILLS-113hr208ih.xml | 2023-01-08 17:42:39.088 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HEE548EAB98D64A769E597B92B03136CE" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 208 IH: Anti-hunger Empowerment Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 208
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HAG00">
Committee on
Agriculture
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Food and Nutrition Act of 2008 to provide
greater access to the supplemental nutrition assistance program by reducing
duplicative and burdensome administrative requirements, authorize the Secretary
of Agriculture to award grants to certain community-based nonprofit feeding and
anti-hunger groups for the purpose of establishing and implementing a Beyond
the Soup Kitchen Pilot Program for certain socially and economically
disadvantaged populations, and for other purposes.
</official-title>
</form>
<legis-body id="H49779F8CD7E749D8B2C9D4C39F031800" style="OLC">
<section display-inline="no-display-inline" id="H1F0D9890E49D46BA9BB3732A71F77EB5" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Anti-hunger Empowerment Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H0005D5B249904C4986E4867A671575E3">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress finds the following:
</text>
<paragraph id="HC4A5399CE39649BD8FD71B15DD997B84">
<enum>
(1)
</enum>
<text>
In 2009 the number
of Americans facing hunger or food insecurity was 50,200,000, and 17,200,000
children lived in these households.
</text>
</paragraph>
<paragraph id="HE579BC3690654261B434A4A1E55B899F">
<enum>
(2)
</enum>
<text>
According to the
United States Department of Agriculture, as of January 2010 more than
40,000,000 people participate in the Supplemental Nutritional Assistance
Program (SNAP). In 2009 on a monthly average, 33,700,000 people participated in
this program, 11 percent of the United States population. SNAP, WIC, and the
NSLP are the largest nutrition assistance programs and provided nutrition
assistance to 57 percent of the food insecure households.
</text>
</paragraph>
<paragraph id="HA3F16983BAD54E1488EB4591D39CF466">
<enum>
(3)
</enum>
<text>
Administrative
burdens involved in securing supplemental nutrition assistance benefits are
particularly burdensome for working families.
</text>
</paragraph>
<paragraph id="H6534954BE8164846AAD3BC3022A80CFA">
<enum>
(4)
</enum>
<text>
In 2009 more than
16,200,000 people in the United States, of whom 5,700,000 were children, were
forced to rely on soup kitchens, food pantries, and other charitable feeding
programs.
</text>
</paragraph>
<paragraph id="HB0921CF58CF94B029EFC7851944EFD63">
<enum>
(5)
</enum>
<text>
The charitable
food distribution system in the United States would benefit from increased
coordination and technical assistance.
</text>
</paragraph>
<paragraph id="HAD4277D08CE34046BA13EE59DF6CDC04">
<enum>
(6)
</enum>
<text>
Helping those who
use feeding programs to move
<quote>
beyond the soup kitchen,
</quote>
by
promoting the values of community, opportunity, and responsibility, is a
national priority.
</text>
</paragraph>
</section>
<title id="H71A8523950D94DAFAD65DE6DD6C0C254">
<enum>
I
</enum>
<header>
Amendments to the
food and nutrition act of 2008
</header>
<section id="H30C49B2E48FA41018D403CCC594BCC23">
<enum>
101.
</enum>
<header>
Amendments to
the food and nutrition act of 2008
</header>
<subsection id="H82EE1F0BD20F4BEE98CCAD66B8FCF3DE">
<enum>
(a)
</enum>
<header>
Administrative
cost sharing and quality control
</header>
<text>
Section 16(k) of the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2025">
7 U.S.C. 2025(k)
</external-xref>
) is amended by striking subsection (k)
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1F3163C970254000A6C551BC06223041" style="OLC">
<subsection id="H2CF8803906A04E678333EB9C8C1FDF45">
<enum>
(k)
</enum>
<header>
Administrative
cost for increasing access
</header>
<text>
Notwithstanding any other provision of
this section, the Secretary is authorized to pay to each State agency an amount
equal to 75 percent of the administrative costs incurred by the State agency in
carrying out new activities not previously funded by the State—
</text>
<paragraph id="H299D6C9DDF124BA8A6B325237A4CD532">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to increase the number of hours that
supplemental nutrition assistance offices are open on weekends and nights if
there is neither a decrease in the total number of supplemental nutrition
assistance offices that are open in the State nor a decrease in the number of
hours such offices are open during regular work week;
</text>
</paragraph>
<paragraph id="H9C53A5C4EE0F48EFA6D0F9E19BB8EB3E">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
to conduct verifiable activities to reduce
the average wait time that applicants spend at supplemental nutrition
assistance offices or to reduce the average number of office visits required of
applicants;
</text>
</paragraph>
<paragraph id="H01B02B42CA0949BBA7A2D4AA651B7AF9">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
to accept applications for supplemental
nutrition assistance benefit by means of the Internet;
</text>
</paragraph>
<paragraph id="H0058F31A1D0A4A7992B090C227901C86">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
to upgrade computer systems and technology
in ways that specifically increase access to the supplemental nutrition
assistance program;
</text>
</paragraph>
<paragraph id="HC937DABD319E4C93A2140D91F83B0B4D">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
at the time of application, to provide
applicants with a checklist listing all documents required for a complete
supplemental nutrition assistance
application.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection display-inline="no-display-inline" id="HEEB80E1243884D0E8F75B961540982D7">
<enum>
(b)
</enum>
<header>
Reduction of
burdensome and duplicative office visits; prohibition of
fingerprinting
</header>
<text>
Section 11(e)(2) of the Food and Nutrition Act of
2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2020">
7 U.S.C. 2020(e)(2)
</external-xref>
) is amended—
</text>
<paragraph id="H1E7E3064101F4A1CA705B1637B531771">
<enum>
(1)
</enum>
<text>
in subparagraph
(A) by striking the period at the end and inserting
<quote>
;
and
</quote>
,
</text>
</paragraph>
<paragraph id="HEAAE7D929B8649808357CE10AE7EA1DE">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B) by striking
<quote>
In
</quote>
and inserting
<quote>
that in
</quote>
,
</text>
</paragraph>
<paragraph id="H7BBF0AF9559045A59F2C15C00D2F4D3D">
<enum>
(3)
</enum>
<text>
in subparagraph
(D) by inserting the following before the semicolon at the end:
<quote>
, and
the fingerprint of any member of a household shall not be required for the
purpose of participating in the supplemental nutrition assistance program or
for issuance of benefits for which the household would otherwise be
eligible
</quote>
,
</text>
</paragraph>
<paragraph id="HA1DFA4AEC968470A82AD6DD0EAF20DF4">
<enum>
(4)
</enum>
<text>
by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and
</text>
</paragraph>
<paragraph id="H0675D967E8D64ABCA1285F246AEAE8D9">
<enum>
(5)
</enum>
<text>
by inserting after
subparagraph (B) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H31C06DAD54974B30A7FA3CF955652301" style="OLC">
<subparagraph id="id4D4854FF51AF4819AE4DC41E7C2B7A02" indent="up1">
<enum>
(C)
</enum>
<text>
that the State agency shall inform
households, at the time of application, that—
</text>
<clause id="id0F83411D26E647489500C59878453A11">
<enum>
(i)
</enum>
<text>
household members are not required
to appear in person at the time of application, or at any other time,
unless—
</text>
<subclause id="id3CC943D8700A4967AA7C78FBA7070068">
<enum>
(I)
</enum>
<text>
expressly required by this Act; or
</text>
</subclause>
<subclause id="id7D597D99BC98489994640704607AFAC8">
<enum>
(II)
</enum>
<text>
in accordance with clause (ii);
and
</text>
</subclause>
</clause>
<clause id="idAEF2683129254C4BA6291AB29F70AC0F">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
if the State agency has a basis to
reasonably believe that information provided by a household is incorrect or
that a household has failed to provide information required for participation
in the supplemental nutrition assistance program, then the State agency
shall—
</text>
<subclause id="id292200B1B0C44BD7814163F00B49DA4D">
<enum>
(I)
</enum>
<text>
provide to the household a written
statement notifying the household of such belief; specifying the factual basis
of such belief, informing the household of the applicable information that is
believed to be incorrect or missing, and instructing the household how to
correct or to provide the appropriate information; and
</text>
</subclause>
<subclause id="idB0E58711E42D4A3C8692157478E10186">
<enum>
(II)
</enum>
<text>
not require any member of such household
to appear in person unless either the household fails to provide the
appropriate information or the State agency cannot verify the accuracy of
information the household provides in response to the request made under this
subparagraph by the State
agency;
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H30C014AB3F8F4E51BBCD7F710E9EBF04">
<enum>
102.
</enum>
<header>
Comparative
progress report
</header>
<text display-inline="no-display-inline">
Section 18 of
the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2027">
7 U.S.C. 2027
</external-xref>
) is amended by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4767D877AB54427EB1CE5560B1812EE6" style="traditional">
<subsection id="H80B0C6048A024A569774F7057CE4518A">
<enum>
(g)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall submit a single,
unified, annual report to the appropriate committees of the Congress on the
comparative progress of States in improving access to the supplemental
nutrition assistance program. The following statistics shall be included in the
report with respect to each particular State:
</text>
<paragraph id="HF1914CF022D048F68DA2781AF20A85EF">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The percentage of supplemental nutrition
assistance program applications processed within the 30-day period required by
this Act.
</text>
</paragraph>
<paragraph id="HCC8378E59AD146B199DFC8EC0A3527A1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
The average number of days required to
process expedited applications for supplemental nutrition assistance
benefits.
</text>
</paragraph>
<paragraph id="HB5C65C3F514A44B6B38EFC9ED4CB6F5B">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The average number of days required to
process regular applications for supplemental nutrition assistance
benefits.
</text>
</paragraph>
<paragraph id="H8F96CBA90C6D4F209C3E847643B19EA4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The average number of office visits that
each applicant makes to receive supplemental nutrition assistance
benefits.
</text>
</paragraph>
<paragraph id="H35E041FE2C8F4072A2B2F1CAC141BD6C">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
Statewide negative errors rates.
</text>
</paragraph>
<paragraph id="H3D9EE15F9C4B43A0B376BB8CF9C106E5">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
The overall participation rate of
households that are eligible to participate in the supplemental nutrition
assistance program.
</text>
</paragraph>
<paragraph id="HEA57442E6F224709AFD7ACCC3DFE2A65">
<enum>
(7)
</enum>
<text>
The information
specified in paragraphs (1) through (6) for a particular geographical area in
such
State.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HCAFA894298ED49BC82F848D8AC0A4970">
<enum>
II
</enum>
<header>
Anti-hunger
grants program
</header>
<section display-inline="no-display-inline" id="H3CBECB8DECB547A59802409A2ADB0A3F" section-type="subsequent-section">
<enum>
201.
</enum>
<header>
Short
title
</header>
<text display-inline="no-display-inline">
This title may be cited
as the
<quote>
<short-title>
Beyond the Soup Kitchen Grants
Program Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF85FF2A198CF4697B98A29EF2EDD1C43">
<enum>
202.
</enum>
<header>
Beyond the Soup
Kitchen Pilot Program
</header>
<subsection id="HEDA67CADB1B14B3F916F8D9234F927FF">
<enum>
(a)
</enum>
<header>
Establishment of
pilot program
</header>
<text>
The Secretary shall establish a pilot program, to
be known as the
<quote>
Beyond the Soup Kitchen Pilot Program
</quote>
, in
accordance with this title.
</text>
</subsection>
<subsection id="HBD52B1846906472392BA652BDC5296D0">
<enum>
(b)
</enum>
<header>
Purposes
</header>
<text>
The
purposes of the pilot program are—
</text>
<paragraph id="HC8C4D53E152E472A8FFED3D51B15CA18">
<enum>
(1)
</enum>
<text>
to provide grant
assistance to a primary community-based nonprofit feeding and anti-hunger group
in each pilot community for purposes of allocating subgrants to other
community-based nonprofit feeding and anti-hunger groups in such community;
and
</text>
</paragraph>
<paragraph id="H9AE33321041F4CF98627BC42CFEA5309">
<enum>
(2)
</enum>
<text>
to provide
technical assistance grants.
</text>
</paragraph>
</subsection>
</section>
<section id="H16083AFD6E474378820928E386660FB1">
<enum>
203.
</enum>
<header>
Selection of
primary community-based nonprofit feeding and anti-hunger groups and
subgrantees
</header>
<subsection id="H6433F484F63241A4A9646C4478CF707F">
<enum>
(a)
</enum>
<header>
Grants to
primary community-Based nonprofit feeding and anti-Hunger
groups
</header>
<text>
Under the pilot program and for a fiscal year, the
Secretary shall award not more than 30 grants to primary community-based
nonprofit feeding and anti-hunger groups, in accordance with this
section.
</text>
</subsection>
<subsection id="HA37C5288E5C14A93A076647FE50220F3">
<enum>
(b)
</enum>
<header>
Application
</header>
<text>
To
be eligible for an award of a grant for a fiscal year under this section, a
community-based nonprofit feeding and anti-hunger group shall submit to the
Secretary an application that contains a description of how the applicant
proposes to use the grant funds to implement the components of the pilot
program listed in subsection (c) in the pilot community of the community-based
nonprofit feeding and anti-hunger group. The application shall be submitted in
such form, at such time, and containing such other information as the Secretary
may require.
</text>
</subsection>
<subsection id="H5DA80B6E5051435A88F66C6C4F754BCB">
<enum>
(c)
</enum>
<header>
Pilot program
components
</header>
<text>
An application for a grant under this section shall
contain the following components:
</text>
<paragraph id="HF024416B8E67470BAC0FCBCE4CC82ACC">
<enum>
(1)
</enum>
<header>
Programs
component
</header>
<text>
A program component that describes, with respect to a
target population of a pilot community and in accordance with section 204,
programs designed for the following purposes:
</text>
<subparagraph id="H5FA521F6D69944AE8751963ECCC32214">
<enum>
(A)
</enum>
<text>
To reduce hunger
in such target population.
</text>
</subparagraph>
<subparagraph id="H736ADC9D14524FCAAF098177D58F9E25">
<enum>
(B)
</enum>
<text>
To increase the
use of nutrition assistance and anti-poverty programs by such target
population.
</text>
</subparagraph>
<subparagraph id="HFA0D3C12E4334CC998CF5E5558D52009">
<enum>
(C)
</enum>
<text>
To bolster food
security within such target population.
</text>
</subparagraph>
<subparagraph id="H0FCE152EAF81447599D03C0B3FD0E7FA">
<enum>
(D)
</enum>
<text>
To assist
individuals and families within such target population to develop
assets.
</text>
</subparagraph>
<subparagraph id="HEC0C5A7E04B648248F7CE14D90701FFA">
<enum>
(E)
</enum>
<text>
To promote the
economic independence of individuals and families within such target
population.
</text>
</subparagraph>
<subparagraph id="H006213D8C9E2489793E16FEA0DE509C2">
<enum>
(F)
</enum>
<text>
To improve the
nutrition of such target population.
</text>
</subparagraph>
<subparagraph id="H1716789CED7E474781737EAEB27371BF">
<enum>
(G)
</enum>
<text>
To reduce the
occurrence of obesity in such target population.
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3011A01AE49E44D18E8BA122A6873790">
<enum>
(2)
</enum>
<header>
Community food
council
</header>
<text>
A community food council component that describes the
formation and operation of a community food council designed to engage
emergency feeding groups, Federal, State, and local government agencies, the
cooperative extension system, land-grant colleges and universities, and
historically African-American, Hispanic, and American Indian educational
institutes for the purposes described under paragraph (1).
</text>
</paragraph>
<paragraph id="H2886D09D829B45E9B6501962B61F28F8">
<enum>
(3)
</enum>
<header>
Subgrants
component
</header>
<text>
A subgrants component that describes a plan for the
allocation of grants funds to subgrantees by the primary community-based
nonprofit feeding and anti-hunger group, in accordance with subsection
(e).
</text>
</paragraph>
</subsection>
<subsection id="H27A5CF8BFB354F5884EBFB37505D43CE">
<enum>
(d)
</enum>
<header>
Criteria
</header>
<text>
In
evaluating an application of a community-based nonprofit feeding and
anti-hunger group, the Secretary shall consider, in addition to such other
criteria as the Secretary determines appropriate, the extent to which the
application of the group demonstrates the following:
</text>
<paragraph id="H013A94A27EA3496F9F02497C89E732ED">
<enum>
(1)
</enum>
<text>
The capacity to
serve as a leader for other community-based nonprofit feeding and anti-hunger
groups in the pilot community and to successfully provide technical assistance
and other assistance to the greatest number of such groups.
</text>
</paragraph>
<paragraph id="H5F222FBF8ED44A7A88DEF586B86205A9">
<enum>
(2)
</enum>
<text>
Successful
experience—
</text>
<subparagraph id="H0C58DE02287949F195ACFBFD3C032033">
<enum>
(A)
</enum>
<text>
in conducting a
program described in section 204(b);
</text>
</subparagraph>
<subparagraph id="H68D947E01E774F3A82E9C798D6C84C78">
<enum>
(B)
</enum>
<text>
in working with a
national service, community service, or volunteer service group that conducts a
program described in section 204(b);
</text>
</subparagraph>
<subparagraph commented="no" id="HAD7B846B573C448B85853BCCAB6DB4D6">
<enum>
(C)
</enum>
<text>
in managing and
using Federal grant funds, including grants for community food and nutrition
programs authorized under section 681(a) of the Community Services Block Grant
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/9922">
42 U.S.C. 9922(a)
</external-xref>
);
</text>
</subparagraph>
<subparagraph id="H1E7D98E6E0314B748B8BBC133D981A2E">
<enum>
(D)
</enum>
<text>
in working
cooperatively with a nutrition assistance and anti-poverty program, other
community-based nonprofit feeding and anti-hunger groups, and faith-based and
other community programs in the pilot community; and
</text>
</subparagraph>
<subparagraph id="H5E22C4C0C54840AA87578A1907A2ABF2">
<enum>
(E)
</enum>
<text>
in researching,
monitoring, and evaluating the hunger problems in the pilot community of such
organization and nutrition assistance and anti-poverty programs.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCEEFBD66C0234C869231F9F35B0CEC63">
<enum>
(3)
</enum>
<text>
In the case of a
community-based nonprofit feeding and anti-hunger group with a large budget,
the existence of a financial mechanism to implement the proposal and staff
expertise to handle large Federal and private grants, or in the case of a
community-based nonprofit feeding and anti-hunger group with a small budget,
proven effectiveness in the delivery and coordination of a program described in
section 204(b).
</text>
</paragraph>
<paragraph id="H7AEF13AD2B4F4993887AAA229CFEE2F6">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The ability to influence other community,
government, and private resources to assist in the creation and implementation
of the pilot program in the pilot community of the community-based nonprofit
feeding and anti-hunger group.
</text>
</paragraph>
</subsection>
<subsection id="H4738A5F52EDB4A8AA2A3553738BD41E5">
<enum>
(e)
</enum>
<header>
Subgrants
</header>
<paragraph id="HC077E17790DD4EF0B39EEDF3BDFFCA90">
<enum>
(1)
</enum>
<header>
Selection by
primary community-based nonprofit feeding and anti-hunger group
required
</header>
<text>
Under the pilot program, the Secretary shall require a
primary community-based nonprofit feeding and anti-hunger group that is awarded
a grant under subsection (a) to select at least 10, but no more than 200,
subgrantees to carry out subgrants under the grants. Such subgrants shall be
used in support of the pilot program in the pilot community of such group, in
accordance with section 204.
</text>
</paragraph>
<paragraph id="HD720462992A04C80BBBBEC9DC44BA96D">
<enum>
(2)
</enum>
<header>
Selection of
subgrantees
</header>
<text>
A primary community-based nonprofit feeding and
anti-hunger group shall select subgrantees for purposes of paragraph
(1)—
</text>
<subparagraph id="H25B54F25203E45C9A775C035BC44D824">
<enum>
(A)
</enum>
<text>
by selecting the
subgrantee in the application submitted under subsection (b); or
</text>
</subparagraph>
<subparagraph id="HB8062A8050D9442D8470735A9B5EE153">
<enum>
(B)
</enum>
<text>
in consultation
with the Secretary of Agriculture after evaluating proposals submitted by
subgrantee applicants.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HB9769029BBF84961BA08A3760395CEAE">
<enum>
204.
</enum>
<header>
Uses of
grants
</header>
<subsection id="H339D9B8AAE1C40D2AEE4899836D8514F">
<enum>
(a)
</enum>
<header>
Required uses by
primary community-Based nonprofit feeding and anti-Hunger
groups
</header>
<text>
A primary community-based nonprofit feeding and
anti-hunger group that is awarded a grant under section 203(a) shall—
</text>
<paragraph id="H6D67F403CF0044A69ECD21D8A51A99D8">
<enum>
(1)
</enum>
<text>
allocate at least
60 percent of the grant for subgrants in accordance with section 203(e);
and
</text>
</paragraph>
<paragraph id="HD9D82E57DE4143BA98CBE69E323A5BEC">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
spend at least 5 percent of the grant on
evaluation of the pilot program in the pilot community of such group.
</text>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HBFD278ABB4874B4D96C3F3D067056291">
<enum>
(b)
</enum>
<header>
Eligible uses by
primary community-Based nonprofit feeding and anti-Hunger groups and
subgrantees
</header>
<text>
Grant funds awarded to a primary community-based
nonprofit feeding and anti-hunger group or allocated to a subgrantee under the
pilot program may be used for any of the following purposes:
</text>
<paragraph id="HAAABF47134224B9183610A3EC8AA0089">
<enum>
(1)
</enum>
<header>
Eligible
programs
</header>
<text>
With respect to a target population in a pilot
community, any of the following programs:
</text>
<subparagraph id="HC075FFC36A6C4FDC8CDD588A1EE86714">
<enum>
(A)
</enum>
<text>
A program that
informs such population about benefits under nutrition assistance and
anti-poverty programs, pre-screens members of such population to determine the
eligibility of such members to receive such benefits, and assists such members
to access relevant benefits.
</text>
</subparagraph>
<subparagraph id="H3ABDE4D9BBDA4429A61D86B6FCC7A6BF">
<enum>
(B)
</enum>
<text>
A program to
assist such population to transition successfully from welfare to work.
</text>
</subparagraph>
<subparagraph id="H179ABB854007438FBF0C4BF672B00A24">
<enum>
(C)
</enum>
<text>
A program that is
likely to result in job creation or that involves job training, readiness,
placement, or retention activities.
</text>
</subparagraph>
<subparagraph id="H8CAA8CA33E3E47BAB5CA98A4792419E5">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
A program to increase the supply of donated
foods to community-based nonprofit feeding and anti-hunger groups, especially
of fresh fruits, vegetables, and other nutritious foods.
</text>
</subparagraph>
<subparagraph id="H09F1E477D8F74091B62A72419FDA89EB">
<enum>
(E)
</enum>
<text>
A program that
increases the access of such population to fresh fruits, vegetables, and other
nutritious foods.
</text>
</subparagraph>
<subparagraph id="HE26EBCCFF04144788321C495D181CA3D">
<enum>
(F)
</enum>
<text>
A program that
promotes the use of farmers’ markets, urban farms, and food-producing
agriculture projects, especially a program that promotes the use of such
markets, farms, and projects by nutrition assistance and anti-poverty
programs.
</text>
</subparagraph>
<subparagraph id="HCFCE1E445F914F02A6BECDC543C08531">
<enum>
(G)
</enum>
<text>
A program to
assess the flow of food, from production through consumption, in a
community.
</text>
</subparagraph>
<subparagraph id="HC9A6902C111C438A97E6FFF43B2E3E8F">
<enum>
(H)
</enum>
<text>
A program that
involves nutrition education, obesity reduction, or financial management
activities, especially such activities that have hands-on demonstrations or
that promote physical activity.
</text>
</subparagraph>
<subparagraph id="HD543163ED5ED49E7A585EB546486A5B7">
<enum>
(I)
</enum>
<text>
A program that
promotes microenterprise and small business development, especially the
development of such a business that is food-related.
</text>
</subparagraph>
<subparagraph id="HD134DE3540F74D12BF3750DCFD95F137">
<enum>
(J)
</enum>
<text>
A program that
assists government agencies and nonprofit groups to increase the number of
sites (and participation in existing sites) for after-school snacks and meals
programs under the summer food service program for children authorized under
section 13 of the Richard B. Russell National School Lunch Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1766">
42 U.S.C. 1766
</external-xref>
)
and the child and adult care food program authorized under section 17 of such
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1761">
42 U.S.C. 1761
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HD51D237F38724708BBFE14C3D7D0CAB5">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
A program that creates a customer advisory
council at a community-based nonprofit feeding and anti-hunger group to enable
an individual who obtains food from such group to consult with the council on
ways to improve the operations of such group.
</text>
</subparagraph>
<subparagraph commented="no" id="H49F0D888E7704905AC936E718F3038EE">
<enum>
(L)
</enum>
<text display-inline="yes-display-inline">
A program to increase the assistance of
national and community service programs, including AmeriCorps, Volunteers in
Service to America (AmeriCorps–VISTA), Learn and Serve America, Senior Corps,
Freedom Corps, and any other volunteer program to aid community-based nonprofit
feeding and anti-hunger groups.
</text>
</subparagraph>
<subparagraph id="HCE7671CE90BB46BEBF4CB9D8B805803C">
<enum>
(M)
</enum>
<text display-inline="yes-display-inline">
A program to increase the involvement of
volunteers who have professional skills with community-based nonprofit feeding
and anti-hunger groups and other nonprofit groups.
</text>
</subparagraph>
<subparagraph id="H9B09F78B0E0D4D81A7E6E1D2A2700E5C">
<enum>
(N)
</enum>
<text>
A program that
relates nutrition improvement and the problem of hunger within such population
to broader issues within the pilot community, including community development
and economic improvement.
</text>
</subparagraph>
<subparagraph id="HB7F413D75C4042579F71BC5AC246C234">
<enum>
(O)
</enum>
<text>
A program that
promotes the use of individual development accounts, as defined in section
404(5) of the Assets for Independence Act (title IV of
<external-xref legal-doc="public-law" parsable-cite="pl/105/285">
Public Law 105–285
</external-xref>
; 42
U.S.C. 604 note), or any other such asset-development program.
</text>
</subparagraph>
<subparagraph id="H794D92BDB5BA41DF9CDF3F258C83EABD">
<enum>
(P)
</enum>
<text display-inline="yes-display-inline">
With respect to a community-based nonprofit
feeding and anti-hunger group, a program to—
</text>
<clause id="H2A75F96FB67442FC9CD00A6FDE06BDF7">
<enum>
(i)
</enum>
<text>
provide technical
assistance to such group to increase the technical capacities of such group;
or
</text>
</clause>
<clause id="H4F83A8E39868410C9A525267BDE006E4">
<enum>
(ii)
</enum>
<text>
enable the group
to more efficiently and effectively use computer technology, recruit
volunteers, write grants, or otherwise increase the fundraising and operation
of such group.
</text>
</clause>
</subparagraph>
<subparagraph id="H15E4C796C9624697888A44B95E3F760B">
<enum>
(Q)
</enum>
<text>
A program that
provides for the provision of technical assistance and informational materials
on the Internet that relate to any program described in subparagraphs (A)
through (P).
</text>
</subparagraph>
<subparagraph id="H7A223E35DE82460088153B78485DDA44">
<enum>
(R)
</enum>
<text>
A program to
coordinate activities of community-based nonprofit feeding and anti-hunger
groups within the pilot community, including activities that further any of the
following goals:
</text>
<clause id="H56238D2031E540418D51F97CAB0076E0">
<enum>
(i)
</enum>
<text>
Creation of joint
advertising, communications, and referral systems.
</text>
</clause>
<clause id="HD20158F23C1A4252BBED5BE8576FF2DA">
<enum>
(ii)
</enum>
<text>
Coordination of
hours of operations and services provided.
</text>
</clause>
<clause id="HCF14312E87BB4ADA9AB29ADA4E820BA0">
<enum>
(iii)
</enum>
<text>
Creation of
joint client, funding, and other databases, tracking systems, and benefits
referral systems.
</text>
</clause>
<clause id="HEE679366C8E945F9A3D80A826A75F270">
<enum>
(iv)
</enum>
<text>
Implementation of
joint activities to reduce hunger, strengthen local food systems, reduce
poverty, improve economic self-sufficiency, and reduce obesity.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H55D0C991CAFC4AFAAD546FDBB967F974">
<enum>
(2)
</enum>
<header>
Eligible
food-related uses
</header>
<text>
Subject to the limitation in subsection (c)(1),
any of the following food-related purposes:
</text>
<subparagraph commented="no" id="H18E3C283140D4FD79663E3198971A38D">
<enum>
(A)
</enum>
<text>
Gathering
food.
</text>
</subparagraph>
<subparagraph commented="no" id="H49C6C6666E94468F80CACED8404DA5BF">
<enum>
(B)
</enum>
<text>
The collection of
perishable, but safe, food from entities such as restaurants, caterers, and
farms, for distribution to a target population.
</text>
</subparagraph>
<subparagraph commented="no" id="H4EC9FC69A4134AFBBEB8AA97889C3037">
<enum>
(C)
</enum>
<text>
Packing
food.
</text>
</subparagraph>
<subparagraph commented="no" id="HAAAB7A000AE24118A8BC45A8A7F092C0">
<enum>
(D)
</enum>
<text>
Sorting
food.
</text>
</subparagraph>
<subparagraph commented="no" id="H815E9BCFD31549D198726BB72B9421A9">
<enum>
(E)
</enum>
<text>
Processing
food.
</text>
</subparagraph>
<subparagraph commented="no" id="H7801FD271B1B424EB338900049AD2B36">
<enum>
(F)
</enum>
<text>
Transportation of
food.
</text>
</subparagraph>
<subparagraph commented="no" id="HFBEE5BF4D25C44C0A9EDB7FC1253DFD8">
<enum>
(G)
</enum>
<text>
Heating, cooling,
or freezing of food.
</text>
</subparagraph>
<subparagraph commented="no" id="H1314BEB8259F4759B35ED5290B4F68C5">
<enum>
(H)
</enum>
<text>
Storage of
food.
</text>
</subparagraph>
<subparagraph commented="no" id="H6E06CE8A1FC440B0A783445CA3E356ED">
<enum>
(I)
</enum>
<text>
Administrative
expenses necessary to increase the supply of nutritious food (especially fresh
fruit and vegetables) distributed by community-based nonprofit feeding and
anti-hunger groups.
</text>
</subparagraph>
<subparagraph commented="no" id="H2CA7D83A10D143EEAD75A50D23B06DA8">
<enum>
(J)
</enum>
<text>
Administrative
staff and volunteer management for purposes of performing activities listed in
subparagraphs (A) through (H).
</text>
</subparagraph>
</paragraph>
<paragraph id="HB1970861A4B344A3A7EFCBA6927C5F79">
<enum>
(3)
</enum>
<header>
Eligible
stipends
</header>
<text display-inline="yes-display-inline">
For the provision of
stipends to customers for expenses incurred by such customers for participating
in a customer advisory council described in subsection (b)(1)(K).
</text>
</paragraph>
</subsection>
<subsection id="H7650EAC16D824662AA7634E16E23E36F">
<enum>
(c)
</enum>
<header>
Limitations
</header>
<paragraph id="HAF5D7FC6EEAF4FA58DA6808561784525">
<enum>
(1)
</enum>
<header>
Limitation on
food purchases
</header>
<text>
No more than 20 percent of the total amount of
grant funds awarded to a primary community-based nonprofit feeding and
anti-hunger group or allocated to a subgrantee under the pilot program may be
used to directly purchase food.
</text>
</paragraph>
<paragraph id="H02A6F68977F848E8A9B6C19E25183AC8">
<enum>
(2)
</enum>
<header>
Limitation on
funds expended to national or community service program
</header>
<text display-inline="yes-display-inline">
Grant funds awarded to a primary
community-based nonprofit feeding and anti-hunger group or allocated to a
subgrantee under the pilot program may not be used to provide a volunteer in a
national or community service program listed in subsection (b)(1)(L) with any
educational funding, stipend, health care, or child care.
</text>
</paragraph>
</subsection>
</section>
<section id="HBC209FF3D622401EA20E63481552B560">
<enum>
205.
</enum>
<header>
Technical
assistance
</header>
<subsection id="HA520B0CDF10D4686A38B01D38B8A2C57">
<enum>
(a)
</enum>
<header>
Technical
assistance grants
</header>
<text>
Under the pilot program and for a fiscal year,
the Secretary shall award grants to technical assistance community-based
nonprofit feeding and anti-hunger groups, in accordance with this
section.
</text>
</subsection>
<subsection display-inline="no-display-inline" id="H07FDDC05FE0B4EDC826EAC0D5F53BA7B">
<enum>
(b)
</enum>
<header>
Application for
technical assistance grants
</header>
<text>
To be eligible for an award of a
grant under this section, a technical assistance community-based nonprofit
feeding and anti-hunger group shall submit to the Secretary an application
containing a description of how the applicant proposes to use the grant funds
to provide technical assistance to all pilot communities. The application shall
be submitted in such form, at such time, and containing such other information
as the Secretary may require.
</text>
</subsection>
<subsection display-inline="no-display-inline" id="H8C6F1B69FC52457A8A59D693E234AEE6">
<enum>
(c)
</enum>
<header>
Criteria To
receive grants
</header>
<text>
In evaluating an application of a technical
assistance community-based nonprofit feeding and anti-hunger group, the
Secretary shall consider, in addition to such other criteria as the Secretary
determines appropriate, the extent to which the application of the technical
assistance group demonstrates the following:
</text>
<paragraph id="H45F1B386F66040FD9533E11ADB8EB7E6">
<enum>
(1)
</enum>
<text>
The ability to
provide capacity-building technical assistance to community-based nonprofit
feeding and anti-hunger groups.
</text>
</paragraph>
<paragraph id="HDB37DB878AA448B48387B8EF49239BCD">
<enum>
(2)
</enum>
<text>
Organizational and
staff experience in—
</text>
<subparagraph id="H3D60DCDF99A64152BB6EF9A6B7FC7DA3">
<enum>
(A)
</enum>
<text>
national issues
related to emergency food programs, food banks, food rescue organizations, the
hunger problem, food insecurity, anti-poverty programs, and nutrition
education;
</text>
</subparagraph>
<subparagraph id="H80C946B988C14A0C812088BFF5F728E6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
providing technical assistance to
community-based nonprofit feeding and anti-hunger groups and conducting
outreach programs on nutrition assistance and anti-poverty programs;
</text>
</subparagraph>
<subparagraph id="HA579FD40E3C1480E9D83ACBCF2783E81">
<enum>
(C)
</enum>
<text>
successfully
working with national and community service programs, including such programs
listed in section 204(b)(1)(L);
</text>
</subparagraph>
<subparagraph id="HD7CB0A5F99CB4ADAB25B22E603BE606A">
<enum>
(D)
</enum>
<text>
working
cooperatively or in a leadership role with other national, regional, State, and
local eligible technical entities; and
</text>
</subparagraph>
<subparagraph id="H3ECF1107C64A4735AEEAC9A8D554F7AE">
<enum>
(E)
</enum>
<text>
working with a
wide variety of faith-based and community organizations and with community-wide
religious and civic organizations.
</text>
</subparagraph>
</paragraph>
<paragraph id="H403AEDDA2B344FCC98E44BF6F7B08807">
<enum>
(3)
</enum>
<text>
Proven financial
control mechanisms and staff expertise to work with large Federal and private
grants, or in the case of a technical assistance community-based nonprofit
feeding and anti-hunger group with a small operating budget, effectiveness in
program delivery and coordination.
</text>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HC1FE96A7989147D4901F99321AD4088A">
<enum>
(d)
</enum>
<header>
Department of
Agriculture technical assistance authorized
</header>
<paragraph id="HD5049C1D24BC4E68817D799E79A25B43">
<enum>
(1)
</enum>
<header>
Assistance from
Department of Agriculture
</header>
<text>
The Secretary may provide technical and
evaluation assistance to—
</text>
<subparagraph id="HF66EB27B79CD4FBFA3483C7FCCB86D5C">
<enum>
(A)
</enum>
<text>
a technical
assistance community-based nonprofit feeding and anti-hunger group awarded a
grant under subsection (a);
</text>
</subparagraph>
<subparagraph id="HCE4ADEC216E5429E93781565B4112EA3">
<enum>
(B)
</enum>
<text>
a primary
community-based nonprofit feeding and anti-hunger group awarded a grant under
section 203(a) or a subgrantee selected under section 203(e); or
</text>
</subparagraph>
<subparagraph id="H16DB520C939143C5AC602AFD4B4F1D56">
<enum>
(C)
</enum>
<text>
any
community-based nonprofit feeding and anti-hunger group or technical assistance
community-based nonprofit feeding and anti-hunger group that does not receive a
grant under this Act, but that carries out activities similar to those of such
a group or subgrantee.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5ED1A57BE024478B9463F0F1AE7F7BE1">
<enum>
(2)
</enum>
<header>
Assistance from
Federal departments and agencies
</header>
<text>
The head of any Federal
department or agency may provide technical assistance to a group or subgrantee
referred to in subparagraph (A), (B), or (C) of paragraph (1) to carry out
activities described in subparagraph (C) of such paragraph.
</text>
</paragraph>
<paragraph id="H179BF8C00BE941C1B66398A52A771658">
<enum>
(3)
</enum>
<header>
Assistance from
State and local agencies and land-grant colleges and
universities
</header>
<text>
The Secretary may encourage any appropriate State or
local agency or land-grant college or university to provide technical
assistance to such groups or subgrantees to carry out such activities.
</text>
</paragraph>
</subsection>
</section>
<section display-inline="no-display-inline" id="H191509C3250543C68BF4CF183665788A">
<enum>
206.
</enum>
<header>
Allocation of
grants
</header>
<subsection id="H3DE7F91E31A1460CB2148C35850AAA5B">
<enum>
(a)
</enum>
<header>
Allocation by
type of grant
</header>
<text>
Of the amounts made available to carry out this
title for a fiscal year—
</text>
<paragraph id="HE2DDDA07DBB5471CA4BB2107770CCB88">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$190,000,000 is available for grants to
primary community-based nonprofit feeding and anti-hunger groups authorized
under section 203(a); and
</text>
</paragraph>
<paragraph id="H6CBC4AC489CC49279BB911BB27EB77AC">
<enum>
(2)
</enum>
<text>
$8,000,000 is
available for technical assistance grants authorized under section
205(a).
</text>
</paragraph>
</subsection>
<subsection id="H9C973378FE824B3B8F1DC92BE08F0A08">
<enum>
(b)
</enum>
<header>
Allocation to
pilot communities
</header>
<text display-inline="yes-display-inline">
Of the
amounts made available under subsection (a)(1) to primary community-based
nonprofit feeding and anti-hunger groups for a fiscal year, the Secretary shall
allocate such amounts to one primary community-based nonprofit feeding and
anti-hunger group in each of the pilot communities listed in subsection (c) and
may allocate such amounts to one such group in each pilot community designated
by the Secretary under subsection (d)(2). The amount allocated to a primary
community-based nonprofit feeding and anti-hunger group—
</text>
<paragraph id="HE6C447CF57B9416DAD5936473058ED24">
<enum>
(1)
</enum>
<text>
shall not be less
than $500,000, nor more than $20,000,000; and
</text>
</paragraph>
<paragraph id="HB690B63719934275A02A17084065E0AF">
<enum>
(2)
</enum>
<text>
shall be in
proportion to the number of individuals and families within the target
population of the pilot community involved.
</text>
</paragraph>
</subsection>
<subsection id="HA72267F0B7BC4A3B891DE59F6FC685EE">
<enum>
(c)
</enum>
<header>
Pilot
communities listed
</header>
<text>
For purposes of subsection (b), a pilot
community listed in this subsection is each of the following areas:
</text>
<paragraph id="HF50E0419D86E4081A1C7D8C461513FC9">
<enum>
(1)
</enum>
<text>
New York, New
York.
</text>
</paragraph>
<paragraph id="H4FC0B72E6166477B856746E2158F2A08">
<enum>
(2)
</enum>
<text>
Chicago,
Illinois.
</text>
</paragraph>
<paragraph id="H45FF0C34F2214E8ABCCAFF1101227D64">
<enum>
(3)
</enum>
<text>
Milwaukee,
Wisconsin.
</text>
</paragraph>
<paragraph id="H8299684A377B4A22BF718418519FBA8C">
<enum>
(4)
</enum>
<text>
Puerto
Rico.
</text>
</paragraph>
<paragraph id="H1926E9CA1BAB457CA96C91F4BD327DD2">
<enum>
(5)
</enum>
<text>
Indianapolis,
Indiana.
</text>
</paragraph>
<paragraph id="H3F23CF7EB02F4E54B3C4E17EE6226C82">
<enum>
(6)
</enum>
<text>
Des Moines,
Iowa.
</text>
</paragraph>
<paragraph id="HCA389F96DA4040768DDE2304A2CEE22E">
<enum>
(7)
</enum>
<text>
Toledo,
Ohio.
</text>
</paragraph>
<paragraph id="HA8517E3C368D4229BE4D0A8921ED482C">
<enum>
(8)
</enum>
<text>
Savannah,
Georgia.
</text>
</paragraph>
<paragraph id="H5CDDB946E17F4A2485E16F3550D6F597">
<enum>
(9)
</enum>
<text>
New Haven,
Connecticut.
</text>
</paragraph>
<paragraph id="HBF5501044FA34BD3AF1CF8D9978AC33E">
<enum>
(10)
</enum>
<text>
Roanoke,
Virginia.
</text>
</paragraph>
<paragraph commented="no" id="H79B8A1AB5828429FB95C363AB5ED84B1">
<enum>
(11)
</enum>
<text>
Santa Cruz
County, Santa Clara County, and Monterey County in California.
</text>
</paragraph>
<paragraph id="H0C2597F7CEA14883AC2FD088D9E87069">
<enum>
(12)
</enum>
<text>
Onondaga County
in New York.
</text>
</paragraph>
<paragraph id="H07DA9717EBA4491CAC8F56E809435565">
<enum>
(13)
</enum>
<text>
The rural
boroughs in Alaska.
</text>
</paragraph>
<paragraph id="HAAB5A1990BDE4435A53B99CA0FFE8E3E">
<enum>
(14)
</enum>
<text display-inline="yes-display-inline">
Washington metropolitan region.
</text>
</paragraph>
<paragraph id="HF5FD36A17E5A455395AE374E0BABBA96">
<enum>
(15)
</enum>
<text>
Pittsburgh and
the suburban and rural areas in southwestern Pennsylvania.
</text>
</paragraph>
<paragraph id="H5867EDADEE1943AB995288EF2B94A7CA">
<enum>
(16)
</enum>
<text>
Rural counties in
eastern Kentucky.
</text>
</paragraph>
<paragraph id="H1030075A4DCE4578AE71334B35E74FC4">
<enum>
(17)
</enum>
<text>
Counties in
northern West Virginia.
</text>
</paragraph>
<paragraph id="H4711D9E19F97491495B04D2A4C1B65BB">
<enum>
(18)
</enum>
<text>
Rural counties in
southern Texas.
</text>
</paragraph>
<paragraph id="H374756F6F6A848CBB6720AF3BE7F4438">
<enum>
(19)
</enum>
<text>
Rural counties in
southern Missouri.
</text>
</paragraph>
<paragraph id="HC3E83920FF594096A9559A4BD4707AC3">
<enum>
(20)
</enum>
<text>
Rural counties in
north, west, and central Wisconsin.
</text>
</paragraph>
</subsection>
<subsection id="HDC7DE987A18841E8B956ABF97DBCB26F">
<enum>
(d)
</enum>
<header>
Specification of
areas; designation of additional pilot communities
</header>
<paragraph id="H64FA3BD394864DB6848FAD6EA89F76AF">
<enum>
(1)
</enum>
<header>
Specification of
areas
</header>
<text>
The Secretary shall specify the counties or other areas to
be included in each of the pilot communities described in paragraphs (15)
through (20) of subsection (c).
</text>
</paragraph>
<paragraph id="H450AC328B77749BAB8AF06FA0D0D5036">
<enum>
(2)
</enum>
<header>
Designation of
additional pilot communities
</header>
<text>
The Secretary may designate not more
than 10 pilot communities in addition to those listed in subsection (c).
</text>
</paragraph>
</subsection>
</section>
<section id="H7B15F6780EC54E05A11E9EEDCAFDA959">
<enum>
207.
</enum>
<header>
Reports and
evaluation
</header>
<subsection id="H2AC32FCB2A584B2BB3888A9CF493993F">
<enum>
(a)
</enum>
<header>
Subgrantee
report to primary community-Based nonprofit feeding and anti-Hunger
group
</header>
<text>
Not later than 90 days after the end of the fiscal year for
which a subgrantee received a subgrant under section 203(e), the subgrantee
shall submit to the primary community-based nonprofit feeding and anti-hunger
group that selected the subgrantee under such section a report that evaluates
the results of the activities, including financial expenditures, during such
fiscal year of the subgrantee in carrying out the subgrant.
</text>
</subsection>
<subsection id="H75DAA22024004774B1B34F6DD6D29248">
<enum>
(b)
</enum>
<header>
Primary
community-Based nonprofit feeding and anti-Hunger group reports to
Secretary
</header>
<text display-inline="yes-display-inline">
Not later than 180
days after the end of the fiscal year for which a primary community-based
nonprofit feeding and anti-hunger group received a grant under section 203(a),
the group shall submit to the Secretary a report that evaluates the results of
the activities, including financial expenditures, during the preceding fiscal
year of the group in carrying out the grant. Such report shall include each
report submitted to the group by a subgrantee under subsection (a) for such
fiscal year.
</text>
</subsection>
<subsection id="H364BD6939FA1496A9EE519EB0E7D6899">
<enum>
(c)
</enum>
<header>
Annual reports
to Congress
</header>
<text>
Not later than October 31 of each of calendar years
2014 through 2018, the Secretary shall submit to Congress a report on the
progress of the pilot program.
</text>
</subsection>
<subsection id="HE87FB2057BFC485092CD0D899BA3545C">
<enum>
(d)
</enum>
<header>
Final report to
Congress
</header>
<text>
Not later than April 30, 2018, the Secretary shall
submit to Congress a report that evaluates the successes and challenges of the
pilot program and that makes such recommendations as the Secretary considers
appropriate for similar future grants programs.
</text>
</subsection>
</section>
<section id="HD96D7883499642EF850BAC53E5198C7F">
<enum>
208.
</enum>
<header>
Administrative
provisions
</header>
<subsection id="H491972C9CD0B4EDEA7C2025820862757">
<enum>
(a)
</enum>
<header>
One year
extension of grants
</header>
<paragraph id="H8ABD95F8588143E9A8A35D5D3B5BD754">
<enum>
(1)
</enum>
<header>
Beyond the Soup
Kitchen grants
</header>
<text display-inline="yes-display-inline">
Upon the
expiration of a grant awarded to a community-based nonprofit feeding and
anti-hunger group under section 203(a) and the request of such group, the
Secretary, in accordance with procedures established by the Secretary, may
extend the duration of the grant once, by one fiscal year, if the Secretary
determines that the programs established and implemented by such group with the
grant resulted in (or are likely to result in) significant progress in
satisfying the purposes of the pilot program described in section
203(c)(1).
</text>
</paragraph>
<paragraph commented="no" id="HE593700FD9544B099407FC854BBC1F83">
<enum>
(2)
</enum>
<header>
Technical
assistance grants
</header>
<text>
Upon the expiration of a grant awarded to a
technical assistance community-based nonprofit feeding and anti-hunger group
under section 205(a) and the request of such entity, the Secretary, in
accordance with procedures established by the Secretary, may extend the
duration of the grant once, by one fiscal year, if the Secretary determines
that such technical assistance group has successfully provided all pilot
programs with technical assistance.
</text>
</paragraph>
</subsection>
<subsection id="H2622B31C947A40DD8D6297EA1BD1A33F">
<enum>
(b)
</enum>
<header>
Form of
grants
</header>
<text>
The Secretary, if the Secretary finds it appropriate, may
use cooperative agreements, as described in
<external-xref legal-doc="usc" parsable-cite="usc/31/6305">
section 6305
</external-xref>
of title 31, United
States Code, for purposes of awarding grants to primary community-based
nonprofit feeding and anti-hunger groups under section 203(a) and to technical
assistance community-based nonprofit feeding and anti-hunger groups under
section 205(a).
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="HA6D524CDBEAB4BBA9E7A3A5D5B041674">
<enum>
209.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph id="H1F4D5CB351614244895EBDE982A0A452">
<enum>
(1)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of Agriculture.
</text>
</paragraph>
<paragraph id="H0A061BF517EC455A9B16004020BA30C1">
<enum>
(2)
</enum>
<header>
Pilot
program
</header>
<text>
The term
<term>
pilot program
</term>
means the Beyond the
Soup Kitchen Pilot Program established under section 202(a).
</text>
</paragraph>
<paragraph id="HF350102AF0584EA689D7551EA4B91681">
<enum>
(3)
</enum>
<header>
community-based
nonprofit feeding and anti-hunger group
</header>
<text display-inline="yes-display-inline">
The term
<term>
community-based nonprofit
feeding and anti-hunger group
</term>
means an anti-hunger organization, food
bank, food pantry, soup kitchen, food rescue group, or community food security
organization that—
</text>
<subparagraph id="HF033C48E25204E12A5DC7EA2F5694810">
<enum>
(A)
</enum>
<text>
is described in
<external-xref legal-doc="usc" parsable-cite="usc/26/501">
section 501(c)(3)
</external-xref>
of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code; and
</text>
</subparagraph>
<subparagraph id="H92ABAEFDEBD44DE8B301B4AE2629758D">
<enum>
(B)
</enum>
<text>
is located in (or
regularly provides service to) a pilot community.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD9A2F42B7B234FB68CD002B00CC5408D">
<enum>
(4)
</enum>
<header>
Primary
community-based nonprofit feeding and anti-hunger group
</header>
<text>
The term
<term>
primary community-based nonprofit feeding and anti-hunger group
</term>
means a community-based nonprofit feeding and anti-hunger group awarded a grant
under section 203(a).
</text>
</paragraph>
<paragraph id="H54577C2EFCB24BFC8F93CE69855CD860">
<enum>
(5)
</enum>
<header>
Subgrantee
</header>
<text display-inline="yes-display-inline">
The term
<term>
subgrantee
</term>
means a
community-based nonprofit feeding and anti-hunger group (other than a primary
community-based nonprofit feeding and anti-hunger group)—
</text>
<subparagraph id="H684222484F754E72878FFF974C7324E1">
<enum>
(A)
</enum>
<text>
that is selected
under section 203(e) by a primary community-based nonprofit feeding and
anti-hunger group; and
</text>
</subparagraph>
<subparagraph id="H1A31F5665F894AE1AB2325CA052EE284">
<enum>
(B)
</enum>
<text>
that is located in
(or regularly provides service to) the pilot community in which the primary
nonprofit feeding group is located (or to which the primary nonprofit feeding
group provides regular service).
</text>
</subparagraph>
</paragraph>
<paragraph id="H11878E1E6ADE4D25B9C45AFF3AAD9358">
<enum>
(6)
</enum>
<header>
Technical
assistance community-based nonprofit feeding and anti-hunger
group
</header>
<text display-inline="yes-display-inline">
The term
<term>
technical assistance community-based nonprofit feeding and anti-hunger
group
</term>
means a national, State, or local group that—
</text>
<subparagraph id="H48B2A59B1EE746AE8EDBF8A8B9FD4B57">
<enum>
(A)
</enum>
<text>
is an anti-hunger
group, food bank, food pantry, soup kitchen, food rescue group, or community
food security organization;
</text>
</subparagraph>
<subparagraph id="H152DF6756CC34DE993ACFF78975C75B2">
<enum>
(B)
</enum>
<text>
is described in
<external-xref legal-doc="usc" parsable-cite="usc/26/501">
section 501(c)(3)
</external-xref>
of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code; and
</text>
</subparagraph>
<subparagraph id="H3E577242612249DFA3DED6CD6A7E25EE">
<enum>
(C)
</enum>
<text>
has the capacity
to provide technical assistance to all pilot communities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6F95DA203B12442F875B7D68DA4EFD1D">
<enum>
(7)
</enum>
<header>
Pilot
community
</header>
<text display-inline="yes-display-inline">
The term
<term>
pilot community
</term>
means a community specified in section
206(b).
</text>
</paragraph>
<paragraph id="H5BAFC50DD8894E4BB5CFBC526084BF87">
<enum>
(8)
</enum>
<header>
Target
population
</header>
<text>
The term
<term>
target population
</term>
includes an
individual who (or family that)—
</text>
<subparagraph id="HEB992283C6EE493B999F574965010F57">
<enum>
(A)
</enum>
<text>
earns an income
below 200 percent of the Federal poverty line;
</text>
</subparagraph>
<subparagraph id="HD6CDBE85FA944FA7A5D536AE94970714">
<enum>
(B)
</enum>
<text>
suffers from food
insecurity;
</text>
</subparagraph>
<subparagraph id="HB4BF715F592C4BEFA92B5782A7149D15">
<enum>
(C)
</enum>
<text>
earns insufficient
income to ensure food security for such individual or family;
</text>
</subparagraph>
<subparagraph id="H2E40AA07B1DE4133A6D9F947C5F46B6F">
<enum>
(D)
</enum>
<text>
lives in a
community that suffers from poverty, hunger, or food insecurity;
</text>
</subparagraph>
<subparagraph id="H4F9C511C962F48AE8410735903B52B0E">
<enum>
(E)
</enum>
<text>
is
homeless;
</text>
</subparagraph>
<subparagraph id="H15B0CD57AA904874A00B9D41D8A11AAD">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
receives (or recently received) assistance
under a State program funded under part A of title IV of the Social Security
Act (42 U.S.C. et seq.), relating to temporary assistance to needy families;
or
</text>
</subparagraph>
<subparagraph id="H0B65EE8247D946269FC9408DAA160C67">
<enum>
(G)
</enum>
<text>
is eligible for
benefits under any nutrition assistance or anti-poverty program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H28F0AEF4E3A9425FB9A1E911A0B9694C">
<enum>
(9)
</enum>
<header>
Nutrition
assistance and anti-poverty program
</header>
<text>
The term
<term>
nutrition
assistance and anti-poverty program
</term>
means any Federal, State, or local
government assistance program offered to low-income individuals or families,
including the following programs:
</text>
<subparagraph id="H57D3CA1968EA44FE98F34F6F50339154">
<enum>
(A)
</enum>
<text>
The supplemental
nutrition assistance program established under section 4 of the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2013">
7 U.S.C. 2013
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HE17EF05CC9DD4AC180EFCAAC1510F047">
<enum>
(B)
</enum>
<text>
A program
authorized under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) or Child Nutrition Act of 1966 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1771">
42 U.S.C. 1771 et seq.
</external-xref>
),
including the national school lunch program, the national school breakfast
program, the summer food service program for children, the special supplemental
nutrition program for women, infants, and children, and the child and adult
care food program.
</text>
</subparagraph>
<subparagraph id="H38E96AB1A5EA4E688B3D82FE6543406B">
<enum>
(C)
</enum>
<text>
The earned income
tax credit allowed under
<external-xref legal-doc="usc" parsable-cite="usc/26/32">
section 32
</external-xref>
of the Internal Revenue Code of 1986 (26
U.S.C. 32).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC4B44F385BC84864BC5D2998A363F50C">
<enum>
(10)
</enum>
<header>
Food
insecurity
</header>
<text display-inline="yes-display-inline">
The term
<term>
food insecurity
</term>
means a lack of consistent access to food.
</text>
</paragraph>
<paragraph id="H3E9CCBFD6EC24E4C96EE44A06586B9C3">
<enum>
(11)
</enum>
<header>
Washington
metropolitan region
</header>
<text display-inline="yes-display-inline">
The term
<term>
Washington metropolitan region
</term>
includes the District of Columbia,
the counties of Montgomery and Prince Georges in Maryland, and the counties of
Arlington and Fairfax and the cities of Alexandria and Falls Church in
Virginia.
</text>
</paragraph>
</section>
<section id="H825CB50827034F7EBAB15672F7158C91">
<enum>
210.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There is
authorized to be appropriated $200,000,000 for each of fiscal years 2014
through 2018 to carry out this title.
</text>
</section>
</title>
<title id="H72C74D779C234BCCAF6BFB36C3640132">
<enum>
III
</enum>
<header>
Effective
date
</header>
<section id="HE417C5B0B76A459ABDC598D850013F25">
<enum>
301.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
Except as otherwise
provided in this Act, this Act and the amendments made by this Act shall take
effect on October 1, 2013.
</text>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 208 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to provide greater access to the supplemental nutrition assistance program by reducing duplicative and burdensome administrative requirements, authorize the Secretary of Agriculture to award grants to certain community-based nonprofit feeding and anti-hunger groups for the purpose of establishing and implementing a Beyond the Soup Kitchen Pilot Program for certain socially and economically disadvantaged populations, and for other purposes.
1. Short title This Act may be cited as the Anti-hunger Empowerment Act of 2013 . 2. Findings The Congress finds the following: (1) In 2009 the number of Americans facing hunger or food insecurity was 50,200,000, and 17,200,000 children lived in these households. (2) According to the United States Department of Agriculture, as of January 2010 more than 40,000,000 people participate in the Supplemental Nutritional Assistance Program (SNAP). In 2009 on a monthly average, 33,700,000 people participated in this program, 11 percent of the United States population. SNAP, WIC, and the NSLP are the largest nutrition assistance programs and provided nutrition assistance to 57 percent of the food insecure households. (3) Administrative burdens involved in securing supplemental nutrition assistance benefits are particularly burdensome for working families. (4) In 2009 more than 16,200,000 people in the United States, of whom 5,700,000 were children, were forced to rely on soup kitchens, food pantries, and other charitable feeding programs. (5) The charitable food distribution system in the United States would benefit from increased coordination and technical assistance. (6) Helping those who use feeding programs to move beyond the soup kitchen, by promoting the values of community, opportunity, and responsibility, is a national priority. I Amendments to the food and nutrition act of 2008 101. Amendments to the food and nutrition act of 2008 (a) Administrative cost sharing and quality control Section 16(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(k) ) is amended by striking subsection (k) and inserting the following: (k) Administrative cost for increasing access Notwithstanding any other provision of this section, the Secretary is authorized to pay to each State agency an amount equal to 75 percent of the administrative costs incurred by the State agency in carrying out new activities not previously funded by the State— (1) to increase the number of hours that supplemental nutrition assistance offices are open on weekends and nights if there is neither a decrease in the total number of supplemental nutrition assistance offices that are open in the State nor a decrease in the number of hours such offices are open during regular work week; (2) to conduct verifiable activities to reduce the average wait time that applicants spend at supplemental nutrition assistance offices or to reduce the average number of office visits required of applicants; (3) to accept applications for supplemental nutrition assistance benefit by means of the Internet; (4) to upgrade computer systems and technology in ways that specifically increase access to the supplemental nutrition assistance program; (5) at the time of application, to provide applicants with a checklist listing all documents required for a complete supplemental nutrition assistance application. . (b) Reduction of burdensome and duplicative office visits; prohibition of fingerprinting Section 11(e)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(2) ) is amended— (1) in subparagraph (A) by striking the period at the end and inserting ; and , (2) in subparagraph (B) by striking In and inserting that in , (3) in subparagraph (D) by inserting the following before the semicolon at the end: , and the fingerprint of any member of a household shall not be required for the purpose of participating in the supplemental nutrition assistance program or for issuance of benefits for which the household would otherwise be eligible , (4) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (5) by inserting after subparagraph (B) the following: (C) that the State agency shall inform households, at the time of application, that— (i) household members are not required to appear in person at the time of application, or at any other time, unless— (I) expressly required by this Act; or (II) in accordance with clause (ii); and (ii) if the State agency has a basis to reasonably believe that information provided by a household is incorrect or that a household has failed to provide information required for participation in the supplemental nutrition assistance program, then the State agency shall— (I) provide to the household a written statement notifying the household of such belief; specifying the factual basis of such belief, informing the household of the applicable information that is believed to be incorrect or missing, and instructing the household how to correct or to provide the appropriate information; and (II) not require any member of such household to appear in person unless either the household fails to provide the appropriate information or the State agency cannot verify the accuracy of information the household provides in response to the request made under this subparagraph by the State agency; . 102. Comparative progress report Section 18 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027 ) is amended by adding at the end the following: (g) The Secretary shall submit a single, unified, annual report to the appropriate committees of the Congress on the comparative progress of States in improving access to the supplemental nutrition assistance program. The following statistics shall be included in the report with respect to each particular State: (1) The percentage of supplemental nutrition assistance program applications processed within the 30-day period required by this Act. (2) The average number of days required to process expedited applications for supplemental nutrition assistance benefits. (3) The average number of days required to process regular applications for supplemental nutrition assistance benefits. (4) The average number of office visits that each applicant makes to receive supplemental nutrition assistance benefits. (5) Statewide negative errors rates. (6) The overall participation rate of households that are eligible to participate in the supplemental nutrition assistance program. (7) The information specified in paragraphs (1) through (6) for a particular geographical area in such State. . II Anti-hunger grants program 201. Short title This title may be cited as the Beyond the Soup Kitchen Grants Program Act of 2013 . 202. Beyond the Soup Kitchen Pilot Program (a) Establishment of pilot program The Secretary shall establish a pilot program, to be known as the Beyond the Soup Kitchen Pilot Program , in accordance with this title. (b) Purposes The purposes of the pilot program are— (1) to provide grant assistance to a primary community-based nonprofit feeding and anti-hunger group in each pilot community for purposes of allocating subgrants to other community-based nonprofit feeding and anti-hunger groups in such community; and (2) to provide technical assistance grants. 203. Selection of primary community-based nonprofit feeding and anti-hunger groups and subgrantees (a) Grants to primary community-Based nonprofit feeding and anti-Hunger groups Under the pilot program and for a fiscal year, the Secretary shall award not more than 30 grants to primary community-based nonprofit feeding and anti-hunger groups, in accordance with this section. (b) Application To be eligible for an award of a grant for a fiscal year under this section, a community-based nonprofit feeding and anti-hunger group shall submit to the Secretary an application that contains a description of how the applicant proposes to use the grant funds to implement the components of the pilot program listed in subsection (c) in the pilot community of the community-based nonprofit feeding and anti-hunger group. The application shall be submitted in such form, at such time, and containing such other information as the Secretary may require. (c) Pilot program components An application for a grant under this section shall contain the following components: (1) Programs component A program component that describes, with respect to a target population of a pilot community and in accordance with section 204, programs designed for the following purposes: (A) To reduce hunger in such target population. (B) To increase the use of nutrition assistance and anti-poverty programs by such target population. (C) To bolster food security within such target population. (D) To assist individuals and families within such target population to develop assets. (E) To promote the economic independence of individuals and families within such target population. (F) To improve the nutrition of such target population. (G) To reduce the occurrence of obesity in such target population. (2) Community food council A community food council component that describes the formation and operation of a community food council designed to engage emergency feeding groups, Federal, State, and local government agencies, the cooperative extension system, land-grant colleges and universities, and historically African-American, Hispanic, and American Indian educational institutes for the purposes described under paragraph (1). (3) Subgrants component A subgrants component that describes a plan for the allocation of grants funds to subgrantees by the primary community-based nonprofit feeding and anti-hunger group, in accordance with subsection (e). (d) Criteria In evaluating an application of a community-based nonprofit feeding and anti-hunger group, the Secretary shall consider, in addition to such other criteria as the Secretary determines appropriate, the extent to which the application of the group demonstrates the following: (1) The capacity to serve as a leader for other community-based nonprofit feeding and anti-hunger groups in the pilot community and to successfully provide technical assistance and other assistance to the greatest number of such groups. (2) Successful experience— (A) in conducting a program described in section 204(b); (B) in working with a national service, community service, or volunteer service group that conducts a program described in section 204(b); (C) in managing and using Federal grant funds, including grants for community food and nutrition programs authorized under section 681(a) of the Community Services Block Grant Act ( 42 U.S.C. 9922(a) ); (D) in working cooperatively with a nutrition assistance and anti-poverty program, other community-based nonprofit feeding and anti-hunger groups, and faith-based and other community programs in the pilot community; and (E) in researching, monitoring, and evaluating the hunger problems in the pilot community of such organization and nutrition assistance and anti-poverty programs. (3) In the case of a community-based nonprofit feeding and anti-hunger group with a large budget, the existence of a financial mechanism to implement the proposal and staff expertise to handle large Federal and private grants, or in the case of a community-based nonprofit feeding and anti-hunger group with a small budget, proven effectiveness in the delivery and coordination of a program described in section 204(b). (4) The ability to influence other community, government, and private resources to assist in the creation and implementation of the pilot program in the pilot community of the community-based nonprofit feeding and anti-hunger group. (e) Subgrants (1) Selection by primary community-based nonprofit feeding and anti-hunger group required Under the pilot program, the Secretary shall require a primary community-based nonprofit feeding and anti-hunger group that is awarded a grant under subsection (a) to select at least 10, but no more than 200, subgrantees to carry out subgrants under the grants. Such subgrants shall be used in support of the pilot program in the pilot community of such group, in accordance with section 204. (2) Selection of subgrantees A primary community-based nonprofit feeding and anti-hunger group shall select subgrantees for purposes of paragraph (1)— (A) by selecting the subgrantee in the application submitted under subsection (b); or (B) in consultation with the Secretary of Agriculture after evaluating proposals submitted by subgrantee applicants. 204. Uses of grants (a) Required uses by primary community-Based nonprofit feeding and anti-Hunger groups A primary community-based nonprofit feeding and anti-hunger group that is awarded a grant under section 203(a) shall— (1) allocate at least 60 percent of the grant for subgrants in accordance with section 203(e); and (2) spend at least 5 percent of the grant on evaluation of the pilot program in the pilot community of such group. (b) Eligible uses by primary community-Based nonprofit feeding and anti-Hunger groups and subgrantees Grant funds awarded to a primary community-based nonprofit feeding and anti-hunger group or allocated to a subgrantee under the pilot program may be used for any of the following purposes: (1) Eligible programs With respect to a target population in a pilot community, any of the following programs: (A) A program that informs such population about benefits under nutrition assistance and anti-poverty programs, pre-screens members of such population to determine the eligibility of such members to receive such benefits, and assists such members to access relevant benefits. (B) A program to assist such population to transition successfully from welfare to work. (C) A program that is likely to result in job creation or that involves job training, readiness, placement, or retention activities. (D) A program to increase the supply of donated foods to community-based nonprofit feeding and anti-hunger groups, especially of fresh fruits, vegetables, and other nutritious foods. (E) A program that increases the access of such population to fresh fruits, vegetables, and other nutritious foods. (F) A program that promotes the use of farmers’ markets, urban farms, and food-producing agriculture projects, especially a program that promotes the use of such markets, farms, and projects by nutrition assistance and anti-poverty programs. (G) A program to assess the flow of food, from production through consumption, in a community. (H) A program that involves nutrition education, obesity reduction, or financial management activities, especially such activities that have hands-on demonstrations or that promote physical activity. (I) A program that promotes microenterprise and small business development, especially the development of such a business that is food-related. (J) A program that assists government agencies and nonprofit groups to increase the number of sites (and participation in existing sites) for after-school snacks and meals programs under the summer food service program for children authorized under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) and the child and adult care food program authorized under section 17 of such Act ( 42 U.S.C. 1761 ). (K) A program that creates a customer advisory council at a community-based nonprofit feeding and anti-hunger group to enable an individual who obtains food from such group to consult with the council on ways to improve the operations of such group. (L) A program to increase the assistance of national and community service programs, including AmeriCorps, Volunteers in Service to America (AmeriCorps–VISTA), Learn and Serve America, Senior Corps, Freedom Corps, and any other volunteer program to aid community-based nonprofit feeding and anti-hunger groups. (M) A program to increase the involvement of volunteers who have professional skills with community-based nonprofit feeding and anti-hunger groups and other nonprofit groups. (N) A program that relates nutrition improvement and the problem of hunger within such population to broader issues within the pilot community, including community development and economic improvement. (O) A program that promotes the use of individual development accounts, as defined in section 404(5) of the Assets for Independence Act (title IV of Public Law 105–285 ; 42 U.S.C. 604 note), or any other such asset-development program. (P) With respect to a community-based nonprofit feeding and anti-hunger group, a program to— (i) provide technical assistance to such group to increase the technical capacities of such group; or (ii) enable the group to more efficiently and effectively use computer technology, recruit volunteers, write grants, or otherwise increase the fundraising and operation of such group. (Q) A program that provides for the provision of technical assistance and informational materials on the Internet that relate to any program described in subparagraphs (A) through (P). (R) A program to coordinate activities of community-based nonprofit feeding and anti-hunger groups within the pilot community, including activities that further any of the following goals: (i) Creation of joint advertising, communications, and referral systems. (ii) Coordination of hours of operations and services provided. (iii) Creation of joint client, funding, and other databases, tracking systems, and benefits referral systems. (iv) Implementation of joint activities to reduce hunger, strengthen local food systems, reduce poverty, improve economic self-sufficiency, and reduce obesity. (2) Eligible food-related uses Subject to the limitation in subsection (c)(1), any of the following food-related purposes: (A) Gathering food. (B) The collection of perishable, but safe, food from entities such as restaurants, caterers, and farms, for distribution to a target population. (C) Packing food. (D) Sorting food. (E) Processing food. (F) Transportation of food. (G) Heating, cooling, or freezing of food. (H) Storage of food. (I) Administrative expenses necessary to increase the supply of nutritious food (especially fresh fruit and vegetables) distributed by community-based nonprofit feeding and anti-hunger groups. (J) Administrative staff and volunteer management for purposes of performing activities listed in subparagraphs (A) through (H). (3) Eligible stipends For the provision of stipends to customers for expenses incurred by such customers for participating in a customer advisory council described in subsection (b)(1)(K). (c) Limitations (1) Limitation on food purchases No more than 20 percent of the total amount of grant funds awarded to a primary community-based nonprofit feeding and anti-hunger group or allocated to a subgrantee under the pilot program may be used to directly purchase food. (2) Limitation on funds expended to national or community service program Grant funds awarded to a primary community-based nonprofit feeding and anti-hunger group or allocated to a subgrantee under the pilot program may not be used to provide a volunteer in a national or community service program listed in subsection (b)(1)(L) with any educational funding, stipend, health care, or child care. 205. Technical assistance (a) Technical assistance grants Under the pilot program and for a fiscal year, the Secretary shall award grants to technical assistance community-based nonprofit feeding and anti-hunger groups, in accordance with this section. (b) Application for technical assistance grants To be eligible for an award of a grant under this section, a technical assistance community-based nonprofit feeding and anti-hunger group shall submit to the Secretary an application containing a description of how the applicant proposes to use the grant funds to provide technical assistance to all pilot communities. The application shall be submitted in such form, at such time, and containing such other information as the Secretary may require. (c) Criteria To receive grants In evaluating an application of a technical assistance community-based nonprofit feeding and anti-hunger group, the Secretary shall consider, in addition to such other criteria as the Secretary determines appropriate, the extent to which the application of the technical assistance group demonstrates the following: (1) The ability to provide capacity-building technical assistance to community-based nonprofit feeding and anti-hunger groups. (2) Organizational and staff experience in— (A) national issues related to emergency food programs, food banks, food rescue organizations, the hunger problem, food insecurity, anti-poverty programs, and nutrition education; (B) providing technical assistance to community-based nonprofit feeding and anti-hunger groups and conducting outreach programs on nutrition assistance and anti-poverty programs; (C) successfully working with national and community service programs, including such programs listed in section 204(b)(1)(L); (D) working cooperatively or in a leadership role with other national, regional, State, and local eligible technical entities; and (E) working with a wide variety of faith-based and community organizations and with community-wide religious and civic organizations. (3) Proven financial control mechanisms and staff expertise to work with large Federal and private grants, or in the case of a technical assistance community-based nonprofit feeding and anti-hunger group with a small operating budget, effectiveness in program delivery and coordination. (d) Department of Agriculture technical assistance authorized (1) Assistance from Department of Agriculture The Secretary may provide technical and evaluation assistance to— (A) a technical assistance community-based nonprofit feeding and anti-hunger group awarded a grant under subsection (a); (B) a primary community-based nonprofit feeding and anti-hunger group awarded a grant under section 203(a) or a subgrantee selected under section 203(e); or (C) any community-based nonprofit feeding and anti-hunger group or technical assistance community-based nonprofit feeding and anti-hunger group that does not receive a grant under this Act, but that carries out activities similar to those of such a group or subgrantee. (2) Assistance from Federal departments and agencies The head of any Federal department or agency may provide technical assistance to a group or subgrantee referred to in subparagraph (A), (B), or (C) of paragraph (1) to carry out activities described in subparagraph (C) of such paragraph. (3) Assistance from State and local agencies and land-grant colleges and universities The Secretary may encourage any appropriate State or local agency or land-grant college or university to provide technical assistance to such groups or subgrantees to carry out such activities. 206. Allocation of grants (a) Allocation by type of grant Of the amounts made available to carry out this title for a fiscal year— (1) $190,000,000 is available for grants to primary community-based nonprofit feeding and anti-hunger groups authorized under section 203(a); and (2) $8,000,000 is available for technical assistance grants authorized under section 205(a). (b) Allocation to pilot communities Of the amounts made available under subsection (a)(1) to primary community-based nonprofit feeding and anti-hunger groups for a fiscal year, the Secretary shall allocate such amounts to one primary community-based nonprofit feeding and anti-hunger group in each of the pilot communities listed in subsection (c) and may allocate such amounts to one such group in each pilot community designated by the Secretary under subsection (d)(2). The amount allocated to a primary community-based nonprofit feeding and anti-hunger group— (1) shall not be less than $500,000, nor more than $20,000,000; and (2) shall be in proportion to the number of individuals and families within the target population of the pilot community involved. (c) Pilot communities listed For purposes of subsection (b), a pilot community listed in this subsection is each of the following areas: (1) New York, New York. (2) Chicago, Illinois. (3) Milwaukee, Wisconsin. (4) Puerto Rico. (5) Indianapolis, Indiana. (6) Des Moines, Iowa. (7) Toledo, Ohio. (8) Savannah, Georgia. (9) New Haven, Connecticut. (10) Roanoke, Virginia. (11) Santa Cruz County, Santa Clara County, and Monterey County in California. (12) Onondaga County in New York. (13) The rural boroughs in Alaska. (14) Washington metropolitan region. (15) Pittsburgh and the suburban and rural areas in southwestern Pennsylvania. (16) Rural counties in eastern Kentucky. (17) Counties in northern West Virginia. (18) Rural counties in southern Texas. (19) Rural counties in southern Missouri. (20) Rural counties in north, west, and central Wisconsin. (d) Specification of areas; designation of additional pilot communities (1) Specification of areas The Secretary shall specify the counties or other areas to be included in each of the pilot communities described in paragraphs (15) through (20) of subsection (c). (2) Designation of additional pilot communities The Secretary may designate not more than 10 pilot communities in addition to those listed in subsection (c). 207. Reports and evaluation (a) Subgrantee report to primary community-Based nonprofit feeding and anti-Hunger group Not later than 90 days after the end of the fiscal year for which a subgrantee received a subgrant under section 203(e), the subgrantee shall submit to the primary community-based nonprofit feeding and anti-hunger group that selected the subgrantee under such section a report that evaluates the results of the activities, including financial expenditures, during such fiscal year of the subgrantee in carrying out the subgrant. (b) Primary community-Based nonprofit feeding and anti-Hunger group reports to Secretary Not later than 180 days after the end of the fiscal year for which a primary community-based nonprofit feeding and anti-hunger group received a grant under section 203(a), the group shall submit to the Secretary a report that evaluates the results of the activities, including financial expenditures, during the preceding fiscal year of the group in carrying out the grant. Such report shall include each report submitted to the group by a subgrantee under subsection (a) for such fiscal year. (c) Annual reports to Congress Not later than October 31 of each of calendar years 2014 through 2018, the Secretary shall submit to Congress a report on the progress of the pilot program. (d) Final report to Congress Not later than April 30, 2018, the Secretary shall submit to Congress a report that evaluates the successes and challenges of the pilot program and that makes such recommendations as the Secretary considers appropriate for similar future grants programs. 208. Administrative provisions (a) One year extension of grants (1) Beyond the Soup Kitchen grants Upon the expiration of a grant awarded to a community-based nonprofit feeding and anti-hunger group under section 203(a) and the request of such group, the Secretary, in accordance with procedures established by the Secretary, may extend the duration of the grant once, by one fiscal year, if the Secretary determines that the programs established and implemented by such group with the grant resulted in (or are likely to result in) significant progress in satisfying the purposes of the pilot program described in section 203(c)(1). (2) Technical assistance grants Upon the expiration of a grant awarded to a technical assistance community-based nonprofit feeding and anti-hunger group under section 205(a) and the request of such entity, the Secretary, in accordance with procedures established by the Secretary, may extend the duration of the grant once, by one fiscal year, if the Secretary determines that such technical assistance group has successfully provided all pilot programs with technical assistance. (b) Form of grants The Secretary, if the Secretary finds it appropriate, may use cooperative agreements, as described in section 6305 of title 31, United States Code, for purposes of awarding grants to primary community-based nonprofit feeding and anti-hunger groups under section 203(a) and to technical assistance community-based nonprofit feeding and anti-hunger groups under section 205(a). 209. Definitions In this title: (1) Secretary The term Secretary means the Secretary of Agriculture. (2) Pilot program The term pilot program means the Beyond the Soup Kitchen Pilot Program established under section 202(a). (3) community-based nonprofit feeding and anti-hunger group The term community-based nonprofit feeding and anti-hunger group means an anti-hunger organization, food bank, food pantry, soup kitchen, food rescue group, or community food security organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (B) is located in (or regularly provides service to) a pilot community. (4) Primary community-based nonprofit feeding and anti-hunger group The term primary community-based nonprofit feeding and anti-hunger group means a community-based nonprofit feeding and anti-hunger group awarded a grant under section 203(a). (5) Subgrantee The term subgrantee means a community-based nonprofit feeding and anti-hunger group (other than a primary community-based nonprofit feeding and anti-hunger group)— (A) that is selected under section 203(e) by a primary community-based nonprofit feeding and anti-hunger group; and (B) that is located in (or regularly provides service to) the pilot community in which the primary nonprofit feeding group is located (or to which the primary nonprofit feeding group provides regular service). (6) Technical assistance community-based nonprofit feeding and anti-hunger group The term technical assistance community-based nonprofit feeding and anti-hunger group means a national, State, or local group that— (A) is an anti-hunger group, food bank, food pantry, soup kitchen, food rescue group, or community food security organization; (B) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (C) has the capacity to provide technical assistance to all pilot communities. (7) Pilot community The term pilot community means a community specified in section 206(b). (8) Target population The term target population includes an individual who (or family that)— (A) earns an income below 200 percent of the Federal poverty line; (B) suffers from food insecurity; (C) earns insufficient income to ensure food security for such individual or family; (D) lives in a community that suffers from poverty, hunger, or food insecurity; (E) is homeless; (F) receives (or recently received) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. et seq.), relating to temporary assistance to needy families; or (G) is eligible for benefits under any nutrition assistance or anti-poverty program. (9) Nutrition assistance and anti-poverty program The term nutrition assistance and anti-poverty program means any Federal, State, or local government assistance program offered to low-income individuals or families, including the following programs: (A) The supplemental nutrition assistance program established under section 4 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013 ). (B) A program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), including the national school lunch program, the national school breakfast program, the summer food service program for children, the special supplemental nutrition program for women, infants, and children, and the child and adult care food program. (C) The earned income tax credit allowed under section 32 of the Internal Revenue Code of 1986 (26 U.S.C. 32). (10) Food insecurity The term food insecurity means a lack of consistent access to food. (11) Washington metropolitan region The term Washington metropolitan region includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland, and the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in Virginia. 210. Authorization of appropriations There is authorized to be appropriated $200,000,000 for each of fiscal years 2014 through 2018 to carry out this title. III Effective date 301. Effective date Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 2013. |
113-hr-209-ih-dtd | 113-hr-209 | 113 | hr | 209 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr209ih.xml | BILLS-113hr209ih.xml | 2023-01-08 17:42:38.856 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HAEB183BFB05D4D048CF31C8A01D610A7" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 209 IH: To authorize the appropriation of funds to be used to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 209
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize the appropriation of funds to be used to
recruit, hire, and train 100,000 new classroom paraprofessionals in order to
improve educational achievement for children.
</official-title>
</form>
<legis-body id="H1F93D8C8ED1942C7BD6C5648AC7F3255" style="OLC">
<section display-inline="no-display-inline" id="H27198337EBDF41B2B84EBB79544D594A" section-type="section-one">
<enum>
1.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress finds the following:
</text>
<paragraph id="H565C366A842D42DB8B9FAE6144781A8E">
<enum>
(1)
</enum>
<text>
Paraprofessionals
are not substitutes for certified teachers.
</text>
</paragraph>
<paragraph id="HADBC32F6C2A44C09A26B82FA67B9FA0A">
<enum>
(2)
</enum>
<text>
Small class size
is fundamental to all learning, but particularly in the early grades.
</text>
</paragraph>
<paragraph id="H4066998F89264EA58771CC324FE656D6">
<enum>
(3)
</enum>
<text>
Putting more
adults in the classroom helps to increase the attention paid to each student
and to improve discipline.
</text>
</paragraph>
<paragraph id="H29BF902550AA4AB6B63CAEFC025588A4">
<enum>
(4)
</enum>
<text>
Expanding the
availability of entry-level classroom jobs that include opportunities for
training and professional development should encourage more adults to enter
teacher training and careers in education.
</text>
</paragraph>
</section>
<section id="HD87A407A53814644A2F89868F236E960">
<enum>
2.
</enum>
<header>
Funds for
recruiting, hiring, and training paraprofessionals
</header>
<subsection id="H403D2DB3F7734B9BAC1D7A51AA1FC8A2">
<enum>
(a)
</enum>
<header>
State
allocations
</header>
<text>
From the amount appropriated to carry out this Act
for each fiscal year, the Secretary of Education—
</text>
<paragraph id="HA17CDAB8864D46DAB8360ED1216AA340">
<enum>
(1)
</enum>
<text>
shall make
available 1 percent of such amount to the Secretary of the Interior (on behalf
of the Bureau of Indian Affairs) and the outlying areas for activities under
this Act; and
</text>
</paragraph>
<paragraph id="H3F8A69DADB594EA39573240E71D2C40F">
<enum>
(2)
</enum>
<text>
shall allocate the
remainder by providing each State the same percentage of that remainder as it
received of the funds allocated to States under section 306(a)(2) of the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law
106–554.
</text>
</paragraph>
</subsection>
<subsection id="H019CF9BA7CDB4D92B5B5DBF027252A5A">
<enum>
(b)
</enum>
<header>
Local agency
allocations
</header>
<text>
Each State that receives funds under this Act shall
distribute 100 percent of such funds to local educational agencies, of
which—
</text>
<paragraph id="H20F11FAD8592423DAD5544A0EBDF2844">
<enum>
(1)
</enum>
<text>
80 percent of such
amount shall be allocated to local educational agencies in proportion to the
number of children, aged 5 to 17, who reside in the school district served by a
local educational agency from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size involved for the most
recent fiscal year for which satisfactory data are available compared to the
number of such individuals who reside in the school districts served by all the
local educational agencies in the State for that fiscal year; and
</text>
</paragraph>
<paragraph id="H0217B52E4D3C4F23B2EEB5FDECD70F32">
<enum>
(2)
</enum>
<text>
20 percent of such
amount shall be allocated to local educational agencies in accordance with the
relative enrollments of children, aged 5 to 17, in public and private nonprofit
elementary and secondary schools within the boundaries of such agencies.
</text>
</paragraph>
</subsection>
<subsection id="H41D689C596E646BB95AE1E312ECC5B34">
<enum>
(c)
</enum>
<header>
Uses of
funds
</header>
<paragraph id="H960EEE412938486D879795501CC7E5C1">
<enum>
(1)
</enum>
<header>
Purpose
</header>
<text>
The
basic purpose and intent of this Act is to decrease the ratio of students to
personnel in public elementary and secondary school classrooms by assisting
local educational agencies in the recruitment, hiring, and training of 100,000
new classroom paraprofessionals. Each local educational agency that receives
funds under this Act shall use such funds to carry out effective approaches to
achieving such ratio reductions in order to improve educational achievement for
both regular and special needs children, with particular consideration given to
making such reductions in the early elementary grades.
</text>
</paragraph>
<paragraph id="H363F21887CE24D7D8FB69A2CCBD30A6C">
<enum>
(2)
</enum>
<header>
Recruitment,
hiring, and training
</header>
<subparagraph id="HB67E87BC11A6433F9D2675ED0060EE1E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Each local educational agency that receives funds under
this Act—
</text>
<clause id="H1BDC3A68913944B2B4DAA0F965EC2F82">
<enum>
(i)
</enum>
<text>
may
use up to 100 percent of the funds under this Act for recruiting (including
through the use of signing bonuses and other financial incentives), hiring, and
training paraprofessionals to assist teachers, including teachers employed in
bilingual education, special education, and migrant education; and
</text>
</clause>
<clause id="H2397D2BEB2644AA8A793F4F510654437">
<enum>
(ii)
</enum>
<text>
may
use up to 25 percent of the funds under this Act—
</text>
<subclause id="H12AF765215004B4280177791753F59A7">
<enum>
(I)
</enum>
<text>
for providing
professional development (which may include such activities as those described
in section 2210 of the
<act-name parsable-cite="ESEA">
Elementary and Secondary
Education Act of 1965
</act-name>
(as in effect on the day before the date of
the enactment of the No Child Left Behind Act of 2001 (
<external-xref legal-doc="public-law" parsable-cite="pl/107/110">
Public Law 107–110
</external-xref>
; 115
Stat. 1425)), opportunities for paraprofessionals to attend multi-week
institutes, such as those made available during the summer months, that provide
intensive professional development in partnership with local educational
agencies, and initiatives that promote retention and mentoring), to
paraprofessionals, including paraprofessionals who assist teachers employed in
bilingual education, special education, and migrant education; or
</text>
</subclause>
<subclause id="H1432B7E6F0BE4AE5B5BD283C124C2202">
<enum>
(II)
</enum>
<text>
to provide
assistance to new and existing paraprofessionals to ensure that such
individuals are highly qualified consistent with the requirements of
subsections (c) and (d) of section 1119 of the Elementary and Secondary
Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6319">
20 U.S.C. 6319
</external-xref>
).
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H6CB2C5EAEA1D4C76B7B68420E065DC70">
<enum>
(B)
</enum>
<header>
Special
rule
</header>
<text>
In the case of a local educational agency that has already
reduced the ratio of students to instructional personnel in grades kindergarten
through 3 to 18 or less (or has already reduced such ratio to a State or local
goal that was in effect on the day before the enactment of the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2001 (
<external-xref legal-doc="public-law" parsable-cite="pl/106/554">
Public Law 106–554
</external-xref>
; 114 Stat. 2763), if that State or
local educational agency goal is 20 or less) may use 100 percent of the funds
received under this Act—
</text>
<clause id="HBC44C1FE584546858583D7A06839D06F">
<enum>
(i)
</enum>
<text>
to
make further student-to-personnel ratio reductions in grades kindergarten
through 3;
</text>
</clause>
<clause id="HD18F73C60F6E45CDA4E37DD249A995BF">
<enum>
(ii)
</enum>
<text>
to
reduce the student-to-personnel ratio in other grades;
</text>
</clause>
<clause id="H56E40D4452A5454E9108DE93C57CC0C5">
<enum>
(iii)
</enum>
<text>
to
carry out activities to improve paraprofessional quality, including
professional development; or
</text>
</clause>
<clause id="H287758CE08964FA9A642FF965D354880">
<enum>
(iv)
</enum>
<text>
to
assist paraprofessionals to obtain the education necessary to become licensed
and certified teachers.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1508A89297E54235A8EE2EA84E1D4D4B">
<enum>
(3)
</enum>
<header>
Supplement, not
supplant
</header>
<text>
Each local educational agency that receives funds under
this Act shall use such funds only to supplement, and not to supplant, State
and local funds that, in the absence of funds under this Act, would otherwise
be spent for activities under this Act.
</text>
</paragraph>
<paragraph id="HBB7064550B3749B0953C674D24142CDA">
<enum>
(4)
</enum>
<header>
Limitation
</header>
<text>
No
funds made available under this Act may be used to increase the salaries or
provide benefits, other than participation in professional development,
education, or enrichment programs, to paraprofessionals who are not hired under
this Act.
</text>
</paragraph>
</subsection>
<subsection id="H35739663B08A494497D856E74A5884C6">
<enum>
(d)
</enum>
<header>
Reporting
</header>
<paragraph id="H67282367506F4A4BAC78B5C4ECBD5637">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each State receiving funds under this Act shall submit to
the Secretary on a biennial basis a report containing data on the use of funds,
the types of services furnished, and the students served under this Act.
</text>
</paragraph>
<paragraph id="H2356B3CD864F4F0A9AB494616E5396AC">
<enum>
(2)
</enum>
<header>
Reports to
parents
</header>
<text>
Each State and local educational agency receiving funds
under this Act shall publicly report to parents on its progress in decreasing
the ratio of students to personnel in elementary and secondary school
classrooms by recruiting, hiring, and training paraprofessionals and on the
impact such activities have had, if any, on increasing student academic
achievement.
</text>
</paragraph>
<paragraph id="HB2A61A9239E6484E964B23DBABF1E2A7">
<enum>
(3)
</enum>
<header>
Disclosure of
qualifications
</header>
<text>
Each school receiving funds under this Act shall
provide to parents, upon request, the qualifications of each member of their
child’s classroom instructional staff.
</text>
</paragraph>
</subsection>
<subsection id="H1A38962542FF4BAA8974938E8E49E8C5">
<enum>
(e)
</enum>
<header>
Administrative
costs
</header>
<text>
A local educational agency that receives funds under this
Act may use not more than 2 percent of such funds for local administrative
costs.
</text>
</subsection>
<subsection id="HF08F5E5E54ED45D2B806995661FD1E92">
<enum>
(f)
</enum>
<header>
Application
</header>
<text>
Each
local educational agency that desires to receive funds under this Act shall
include in the application required under section 5133 of the
<act-name parsable-cite="ESEA">
Elementary and Secondary Education Act of
1965
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/20/7215b">
20 U.S.C. 7215b
</external-xref>
) a description of the agency’s program to
reduce the ratio of students to personnel in elementary and secondary school
classrooms by recruiting, hiring, and training paraprofessionals.
</text>
</subsection>
<subsection id="HD050F997AB68477082280984E1B1466E">
<enum>
(g)
</enum>
<header>
Definitions
</header>
<text>
For
purposes of this Act:
</text>
<paragraph id="HF9C4D6DA91A94EB3B21CA5A6946352D7">
<enum>
(1)
</enum>
<text>
The term
<term>
paraprofessional
</term>
means an individual who is employed in a public
elementary or secondary school under the supervision of a certified or licensed
teacher, including individuals employed in bilingual education, special
education, and migrant education.
</text>
</paragraph>
<paragraph id="H55C52292D72F467C8B357329AB93202B">
<enum>
(2)
</enum>
<text>
The term
<term>
local educational agency
</term>
has the meaning given to that term in
section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
</text>
</paragraph>
<paragraph id="H35C4C7B430934EF7822F3725B37D7AC4">
<enum>
(3)
</enum>
<text>
The term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph id="H68B2563BFECB42C096C44C7C5348001A">
<enum>
(4)
</enum>
<text>
The term
<term>
State
</term>
is defined as that term is used in section 306(a)(2) of the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law
106–554.
</text>
</paragraph>
</subsection>
<subsection id="HDC475C67EEDF49C6BD4AF475333C827B">
<enum>
(h)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
To carry out this Act, there is authorized to be
appropriated $1,000,000,000 for each of fiscal years 2014 through 2018.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 209 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the appropriation of funds to be used to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children.
1. Findings The Congress finds the following: (1) Paraprofessionals are not substitutes for certified teachers. (2) Small class size is fundamental to all learning, but particularly in the early grades. (3) Putting more adults in the classroom helps to increase the attention paid to each student and to improve discipline. (4) Expanding the availability of entry-level classroom jobs that include opportunities for training and professional development should encourage more adults to enter teacher training and careers in education. 2. Funds for recruiting, hiring, and training paraprofessionals (a) State allocations From the amount appropriated to carry out this Act for each fiscal year, the Secretary of Education— (1) shall make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities under this Act; and (2) shall allocate the remainder by providing each State the same percentage of that remainder as it received of the funds allocated to States under section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106–554. (b) Local agency allocations Each State that receives funds under this Act shall distribute 100 percent of such funds to local educational agencies, of which— (1) 80 percent of such amount shall be allocated to local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served by a local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available compared to the number of such individuals who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and (2) 20 percent of such amount shall be allocated to local educational agencies in accordance with the relative enrollments of children, aged 5 to 17, in public and private nonprofit elementary and secondary schools within the boundaries of such agencies. (c) Uses of funds (1) Purpose The basic purpose and intent of this Act is to decrease the ratio of students to personnel in public elementary and secondary school classrooms by assisting local educational agencies in the recruitment, hiring, and training of 100,000 new classroom paraprofessionals. Each local educational agency that receives funds under this Act shall use such funds to carry out effective approaches to achieving such ratio reductions in order to improve educational achievement for both regular and special needs children, with particular consideration given to making such reductions in the early elementary grades. (2) Recruitment, hiring, and training (A) In general Each local educational agency that receives funds under this Act— (i) may use up to 100 percent of the funds under this Act for recruiting (including through the use of signing bonuses and other financial incentives), hiring, and training paraprofessionals to assist teachers, including teachers employed in bilingual education, special education, and migrant education; and (ii) may use up to 25 percent of the funds under this Act— (I) for providing professional development (which may include such activities as those described in section 2210 of the Elementary and Secondary Education Act of 1965 (as in effect on the day before the date of the enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425)), opportunities for paraprofessionals to attend multi-week institutes, such as those made available during the summer months, that provide intensive professional development in partnership with local educational agencies, and initiatives that promote retention and mentoring), to paraprofessionals, including paraprofessionals who assist teachers employed in bilingual education, special education, and migrant education; or (II) to provide assistance to new and existing paraprofessionals to ensure that such individuals are highly qualified consistent with the requirements of subsections (c) and (d) of section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (B) Special rule In the case of a local educational agency that has already reduced the ratio of students to instructional personnel in grades kindergarten through 3 to 18 or less (or has already reduced such ratio to a State or local goal that was in effect on the day before the enactment of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763), if that State or local educational agency goal is 20 or less) may use 100 percent of the funds received under this Act— (i) to make further student-to-personnel ratio reductions in grades kindergarten through 3; (ii) to reduce the student-to-personnel ratio in other grades; (iii) to carry out activities to improve paraprofessional quality, including professional development; or (iv) to assist paraprofessionals to obtain the education necessary to become licensed and certified teachers. (3) Supplement, not supplant Each local educational agency that receives funds under this Act shall use such funds only to supplement, and not to supplant, State and local funds that, in the absence of funds under this Act, would otherwise be spent for activities under this Act. (4) Limitation No funds made available under this Act may be used to increase the salaries or provide benefits, other than participation in professional development, education, or enrichment programs, to paraprofessionals who are not hired under this Act. (d) Reporting (1) In general Each State receiving funds under this Act shall submit to the Secretary on a biennial basis a report containing data on the use of funds, the types of services furnished, and the students served under this Act. (2) Reports to parents Each State and local educational agency receiving funds under this Act shall publicly report to parents on its progress in decreasing the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals and on the impact such activities have had, if any, on increasing student academic achievement. (3) Disclosure of qualifications Each school receiving funds under this Act shall provide to parents, upon request, the qualifications of each member of their child’s classroom instructional staff. (e) Administrative costs A local educational agency that receives funds under this Act may use not more than 2 percent of such funds for local administrative costs. (f) Application Each local educational agency that desires to receive funds under this Act shall include in the application required under section 5133 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7215b ) a description of the agency’s program to reduce the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals. (g) Definitions For purposes of this Act: (1) The term paraprofessional means an individual who is employed in a public elementary or secondary school under the supervision of a certified or licensed teacher, including individuals employed in bilingual education, special education, and migrant education. (2) The term local educational agency has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term Secretary means the Secretary of Education. (4) The term State is defined as that term is used in section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106–554. (h) Authorization of appropriations To carry out this Act, there is authorized to be appropriated $1,000,000,000 for each of fiscal years 2014 through 2018. |
113-hr-210-ih-dtd | 113-hr-210 | 113 | hr | 210 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr210ih.xml | BILLS-113hr210ih.xml | 2023-01-08 17:42:38.976 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H91D7576353504F02AAC2DFDB0CB0E8F2" public-private="public">
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<dc:title>
113 HR 210 IH: To require retail establishments that use mobile device tracking technology to display notices to that effect.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 210
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require retail establishments that use mobile device
tracking technology to display notices to that effect.
</official-title>
</form>
<legis-body id="H7879A08DB90240559C8C42A38A8B5B60" style="OLC">
<section id="HDC7D70A74AEF47D09262947F2FD99129" section-type="section-one">
<enum>
1.
</enum>
<header>
Notices regarding use of
mobile device tracking technology by retail establishments
</header>
<subsection id="HDB2932914F6940C7B945D773DAFBA126">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A person who owns or
operates a retail establishment and uses mobile device tracking technology in
such establishment shall display in a prominent location in such establishment
a notice that such technology is in use and that individuals can avoid being
tracked by turning off their mobile devices.
</text>
</subsection>
<subsection id="HB95D5EE1CDBF4A89A509BE8254B8FA6F">
<enum>
(b)
</enum>
<header>
Regulations
</header>
<text>
Not
later than 180 days after the date of the enactment of this Act, the Federal
Trade Commission shall promulgate regulations under
<external-xref legal-doc="usc" parsable-cite="usc/5/553">
section 553
</external-xref>
of title 5,
United States Code, to implement subsection (a).
</text>
</subsection>
</section>
<section id="HFE0E71B4976E45B792783C96145FDB1C">
<enum>
2.
</enum>
<header>
Enforcement by
Federal Trade Commission
</header>
<subsection id="HE4FF408A4A7D4AF7B381986CF143A6DA">
<enum>
(a)
</enum>
<header>
Unfair or
deceptive acts or practices
</header>
<text display-inline="yes-display-inline">
A
violation of section 1(a) or a regulation promulgated pursuant to section 1(b)
shall be treated as an unfair or deceptive act or practice in violation of a
regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
</text>
</subsection>
<subsection id="H0F501D67DF9E4EE0B3DCC316B4B90E98">
<enum>
(b)
</enum>
<header>
Powers of
Commission
</header>
<text display-inline="yes-display-inline">
The Federal Trade
Commission shall enforce this Act in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/41">
15 U.S.C. 41 et seq.
</external-xref>
) were
incorporated into and made a part of this Act. Any person who violates this Act
or the regulations promulgated under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the Federal Trade
Commission Act.
</text>
</subsection>
</section>
<section id="H0E9D114E2CAC4C179232283FDF68BEB7">
<enum>
3.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H223ECC024D904E439E9FAAB396449752">
<enum>
(1)
</enum>
<header>
Mobile
device
</header>
<text display-inline="yes-display-inline">
The term
<term>
mobile
device
</term>
means—
</text>
<subparagraph id="HFE8B5CE96C71438CB0DE235EE15E4CA5">
<enum>
(A)
</enum>
<text>
a mobile
telephone; or
</text>
</subparagraph>
<subparagraph id="H0300D363959845A18902CD1C07786419">
<enum>
(B)
</enum>
<text>
any device that
uses or provides access to commercial mobile data service (as defined in
section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1401)).
</text>
</subparagraph>
</paragraph>
<paragraph id="H6C505DD71CAA4660B57D4A22BB6265E1">
<enum>
(2)
</enum>
<header>
Mobile device
tracking technology
</header>
<text display-inline="yes-display-inline">
The term
<term>
mobile device tracking technology
</term>
means technology that tracks the
movement of an individual using the radio signal emitted by a mobile
device.
</text>
</paragraph>
</section>
<section id="HCF16633AF6DE40D29D0FFD8EF24E6F9A">
<enum>
4.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
This Act shall take
effect on the date that is 180 days after the date of the enactment of this
Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 210 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require retail establishments that use mobile device tracking technology to display notices to that effect.
1. Notices regarding use of mobile device tracking technology by retail establishments (a) In general A person who owns or operates a retail establishment and uses mobile device tracking technology in such establishment shall display in a prominent location in such establishment a notice that such technology is in use and that individuals can avoid being tracked by turning off their mobile devices. (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, to implement subsection (a). 2. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 1(a) or a regulation promulgated pursuant to section 1(b) shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any person who violates this Act or the regulations promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. 3. Definitions In this Act: (1) Mobile device The term mobile device means— (A) a mobile telephone; or (B) any device that uses or provides access to commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)). (2) Mobile device tracking technology The term mobile device tracking technology means technology that tracks the movement of an individual using the radio signal emitted by a mobile device. 4. Effective date This Act shall take effect on the date that is 180 days after the date of the enactment of this Act. |
113-hr-211-ih-dtd | 113-hr-211 | 113 | hr | 211 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr211ih.xml | BILLS-113hr211ih.xml | 2023-01-08 17:42:37.909 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 211 IH: Medicaid Newborn Coverage Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
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113th CONGRESS
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1st Session
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<legis-num>
H. R. 211
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title XIX of the Social Security Act to waive
the requirement for proof of citizenship during the first year of life for
children born in the United States to a Medicaid-eligible
mother.
</official-title>
</form>
<legis-body id="H744399A6251D4F5D924A6D006014F670" style="OLC">
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1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Medicaid Newborn Coverage Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HA57ABD80986C4F4D9F22067ACD6B1A21">
<enum>
2.
</enum>
<header>
Waiver of
requirement of proof of citizenship during first year of life for children born
in the United States to a Medicaid-eligible mother
</header>
<subsection id="H9803E3DF6AB24E91AEC1FC689DCFB6AD">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 1903(x)(2) of
the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396b">
42 U.S.C. 1396b(x)(2)
</external-xref>
) is amended—
</text>
<paragraph id="H46CEBB40E4114F65B22374A47757D1E2">
<enum>
(1)
</enum>
<text>
by redesignating
subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively;
and
</text>
</paragraph>
<paragraph id="HF2DACB7181D34C5085558078BD011F3E">
<enum>
(2)
</enum>
<text>
by inserting after
subparagraph (C) the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H518EE0D603BB414580CC236E38099C64" style="traditional">
<subparagraph id="H51DE09B8ADDB4FEDA98219AF2CEC977E" indent="up1">
<enum>
(D)
</enum>
<text>
and is a child born to a woman
eligible for and receiving medical assistance under this title on the date of
the child’s birth, without regard to the child’s basis of eligibility for
medical assistance, but only with respect to medical assistance for items and
services furnished during the child’s first year of
life;
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H0B8BF075E38C407988D1F2F0A47E98B9">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall take effect on the
date of the enactment of this Act and section 1903(x)(2)(D) of the Social
Security Act, as inserted by subsection (a)(2), shall apply to children born on
or after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 211 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to waive the requirement for proof of citizenship during the first year of life for children born in the United States to a Medicaid-eligible mother.
1. Short title This Act may be cited as the Medicaid Newborn Coverage Act of 2013 . 2. Waiver of requirement of proof of citizenship during first year of life for children born in the United States to a Medicaid-eligible mother (a) In general Section 1903(x)(2) of the Social Security Act ( 42 U.S.C. 1396b(x)(2) ) is amended— (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (C) the following new subparagraph: (D) and is a child born to a woman eligible for and receiving medical assistance under this title on the date of the child’s birth, without regard to the child’s basis of eligibility for medical assistance, but only with respect to medical assistance for items and services furnished during the child’s first year of life; . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and section 1903(x)(2)(D) of the Social Security Act, as inserted by subsection (a)(2), shall apply to children born on or after the date of the enactment of this Act. |
113-hr-212-ih-dtd | 113-hr-212 | 113 | hr | 212 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr212ih.xml | BILLS-113hr212ih.xml | 2023-01-08 17:42:37.693 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 212 IH: To permit members of the House of Representatives to donate used computer equipment to public elementary and secondary schools designated by the members.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
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text/xml
</dc:format>
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EN
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I
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<congress>
113th CONGRESS
</congress>
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1st Session
</session>
<legis-num>
H. R. 212
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HHA00">
Committee on House
Administration
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To permit members of the House of Representatives to
donate used computer equipment to public elementary and secondary schools
designated by the members.
</official-title>
</form>
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1.
</enum>
<header>
Permitting members of the
house of representatives to donate used computer equipment to public
schools
</header>
<subsection id="HB7B5936C12014FB1B7F00C1B8E9AB42D">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
Section 104(a)(3) of the Legislative Branch
Appropriations Act, 1987 (as incorporated by reference in section 101(j) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/500">
Public Law 99–500
</external-xref>
and
<external-xref legal-doc="public-law" parsable-cite="pl/99/591">
Public Law 99–591
</external-xref>
) (
<external-xref legal-doc="usc" parsable-cite="usc/2/117e">
2 U.S.C. 117e(3)
</external-xref>
) is amended to read
as follows:
</text>
<quoted-block id="H32E0F73BAD674AF7B528A1913E95AD06" style="OLC">
<paragraph id="H71F9B325F04346899CB15F0B37B50457">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H97FF20E81D9C4B9AA68C8B574E8369E2">
<enum>
(A)
</enum>
<text>
At the request of a
member of the House of Representatives, in the case of equipment consisting of
computers and related peripheral tools previously used by the member, the Clerk
may donate the equipment to a public elementary or secondary school (as defined
in section 9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) without regard to whether the donation meets the requirements of
the second sentence of paragraph (2).
</text>
</subparagraph>
<subparagraph id="HF8B13C71F9BD45EDBD74E955E2539A9A" indent="up1">
<enum>
(B)
</enum>
<text>
At the request of the member who
previously used the equipment, if the Clerk donates equipment under this
paragraph, the Clerk shall donate the equipment to a school designated by the
member.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4B78C33DA2CB432D9A66B95F8EBE983E">
<enum>
(b)
</enum>
<header>
Effective
Date
</header>
<text>
The amendments made by subsection (a) shall take effect June
1, 2013.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 212 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on House Administration A BILL To permit members of the House of Representatives to donate used computer equipment to public elementary and secondary schools designated by the members.
1. Permitting members of the house of representatives to donate used computer equipment to public schools (a) In General Section 104(a)(3) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591 ) ( 2 U.S.C. 117e(3) ) is amended to read as follows: (3) (A) At the request of a member of the House of Representatives, in the case of equipment consisting of computers and related peripheral tools previously used by the member, the Clerk may donate the equipment to a public elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) without regard to whether the donation meets the requirements of the second sentence of paragraph (2). (B) At the request of the member who previously used the equipment, if the Clerk donates equipment under this paragraph, the Clerk shall donate the equipment to a school designated by the member. . (b) Effective Date The amendments made by subsection (a) shall take effect June 1, 2013. |
113-hr-213-ih-dtd | 113-hr-213 | 113 | hr | 213 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr213ih.xml | BILLS-113hr213ih.xml | 2023-01-08 17:42:38.018 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3D6DC543BB484C0B9FEFEA3959C80109" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 213 IH: Sewage Sludge in Food Production Consumer Notification Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 213
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
, and in addition to the
<committee-name committee-id="HAG00">
Committee on Agriculture
</committee-name>
,
for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Food, Drug, and Cosmetic Act and the egg,
meat, and poultry inspection laws to ensure that consumers receive notification
regarding food products produced from crops, livestock, or poultry raised on
land on which sewage sludge was applied.
</official-title>
</form>
<legis-body id="HF4832560816C4729BB89AD8960638016" style="OLC">
<section display-inline="no-display-inline" id="HB882CB0A31AB484F8A0F331B789196CF" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Sewage Sludge in Food Production
Consumer Notification Act
</short-title>
</quote>
.
</text>
</section>
<section id="H8BE625FA45284BD2A8D80DAAC7FD57BF">
<enum>
2.
</enum>
<header>
Notification to
consumers of food products produced on land on which sewage sludge has been
applied
</header>
<subsection id="H523366F0540048F2BE3342A3EF458568">
<enum>
(a)
</enum>
<header>
Adulterated food
under federal food, drug, and cosmetic act
</header>
<text>
Section 402 of the
<act-name parsable-cite="FFDCA">
Federal Food, Drug, and Cosmetic Act
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/21/342">
21 U.S.C. 342
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block act-name="Federal Food, Drug, and Cosmetic Act" id="H2CE320574A0C432B800414EEC5F05E04">
<subsection id="H7A21A4BD827D43A8A33BEAC25DBB30B2">
<enum>
(j)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H92E31352D3A44AF2A0C113F4C84B05B1">
<enum>
(1)
</enum>
<text>
Effective one year after
the date of the enactment of the
<short-title>
Sewage
Sludge in Food Production Consumer Notification Act
</short-title>
, if it is a
food (intended for human consumption and offered for sale) that was produced,
or contains any ingredient that was produced, on land on which sewage sludge
was applied, unless—
</text>
<subparagraph display-inline="no-display-inline" id="HA5A11BA3271640328E30040D082A964D">
<enum>
(A)
</enum>
<text>
the application of
sewage sludge to the land terminated more than one year before the date on
which the production of the food or ingredient on the land commenced;
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HEEF334BA92FC4B8391EBF7FB3A3B5D61">
<enum>
(B)
</enum>
<text>
the food bears a
label that clearly indicates that the food, or an ingredient of the food, was
produced on land on which sewage sludge was applied; or
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HBBB0D61A76B84A43B2BE45D7EBEC18C1">
<enum>
(C)
</enum>
<text>
in the case of a
raw agricultural commodity or other food generally offered for sale without
labeling, a sign is posted within close proximity of the food to notify
consumers that the food, or an ingredient of the food, was produced on land on
which sewage sludge was applied.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HF9BE475A33D94FB0986A352D1FC256A7" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
In this paragraph, the term
<quote>
sewage
sludge
</quote>
has the meaning given to such term in section 503.9(w) of title
40, Code of Federal Regulations (or any successor
regulations).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H0FC8B9B2CD28452D965C041C94B47E23">
<enum>
(b)
</enum>
<header>
Adulterated food
under Egg Products Inspection Act
</header>
<text>
Section 4 of the Egg Products
Inspection Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/1033">
21 U.S.C. 1033
</external-xref>
) is amended—
</text>
<paragraph id="HF5CE3486346F48849E9A2FBA7473D2C3">
<enum>
(1)
</enum>
<text>
in paragraph
(a)—
</text>
<subparagraph id="H34387CED273C44EFB33AC0543C11BC4F">
<enum>
(A)
</enum>
<text>
by striking
<quote>
or
</quote>
at the end of paragraph (7);
</text>
</subparagraph>
<subparagraph id="H62F72FAF97D5431085A3F5B3BE92942E">
<enum>
(B)
</enum>
<text>
by striking the
period at the end of paragraph (8) and inserting
<quote>
; or
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HF35367C0F1FF419E9BC484F5A5459095">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H3C922A2886154CFE946E304720F7E140">
<paragraph id="H0D3192A355A04D1EBA2ABB92B2357AEB">
<enum>
(9)
</enum>
<text>
effective one year
after the date of the enactment of the
<short-title>
Sewage
Sludge in Food Production Consumer Notification Act
</short-title>
, if it is
derived from poultry that were raised, or that consumed animal feed produced,
on land on which sewage sludge was applied, unless—
</text>
<subparagraph id="HD660C5FE9F5A4E5CB281C46FD516A0D6">
<enum>
(A)
</enum>
<text>
the application of
sewage sludge to the land terminated more than one year before the date on
which the poultry began to be raised on the land or the date on which the
production of the animal feed on the land commenced; or
</text>
</subparagraph>
<subparagraph id="H9C2FD25C70EA4A75A07EA8AF59C2FA69">
<enum>
(B)
</enum>
<text>
the container
bears a label that clearly indicates that the egg or egg product was derived
from poultry that—
</text>
<clause id="HABE3FC300CA04FD3A943F00A64A33F22">
<enum>
(i)
</enum>
<text>
were raised on
land on which sewage sludge was applied; or
</text>
</clause>
<clause id="HCA5E04FD592E4C68B1255F1781A3FC24">
<enum>
(ii)
</enum>
<text>
consumed animal
feed produced on land on which sewage sludge was
applied.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA83F49D34C4B4D25A2955F75DDF2DB6E">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HE9C4827226384F6A9EEC127C1B5AA7DB" style="traditional">
<subsection id="H141070CC3A9B4470AA3FEC5134CA486B">
<enum>
(aa)
</enum>
<text>
The term
<quote>
sewage sludge
</quote>
has the meaning given to such term in section
402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(j)(2)).
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6E79CF5655E4473C9CDC98A370A97297">
<enum>
(c)
</enum>
<header>
Adulterated food
under Federal Meat Inspection Act
</header>
<text>
Section 1 of the Federal Meat
Inspection Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/601">
21 U.S.C. 601
</external-xref>
) is amended—
</text>
<paragraph id="HF2E610987D4A4477A94C6673C9597F65">
<enum>
(1)
</enum>
<text>
in paragraph
(m)—
</text>
<subparagraph id="HB9B7EB974C354678AE38E376B6D51A9B">
<enum>
(A)
</enum>
<text>
by striking
<quote>
or
</quote>
at the end of paragraph (8);
</text>
</subparagraph>
<subparagraph id="H1077001C3C8948469F7CE3BC55098A62">
<enum>
(B)
</enum>
<text>
by striking the
period at the end of paragraph (9) and inserting
<quote>
; or
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HEE2DE3B22C75426BA8F62811D72F9469">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H57FAA96861284C6D924049C3487A72B9">
<paragraph id="H2C91487B4F224A05A26C8CD504FE33F1">
<enum>
(10)
</enum>
<text>
effective one
year after the date of the enactment of the
<short-title>
Sewage Sludge in Food Production Consumer Notification
Act
</short-title>
, if it is derived from livestock that grazed, or consumed
animal feed produced, on land on which sewage sludge was applied,
unless—
</text>
<subparagraph id="HC57BE26D49974D919D1763678EE994F9">
<enum>
(A)
</enum>
<text>
the application of
sewage sludge to the land terminated more than one year before the date on
which the livestock began grazing on the land or the date on which the
production of the animal feed on the land commenced;
</text>
</subparagraph>
<subparagraph id="H07D7E65B18244623BB4063CD402A3CC8">
<enum>
(B)
</enum>
<text>
the carcass, part
thereof, meat or meat food product bears a label that clearly indicates that
the livestock—
</text>
<clause id="H97CF974219A645A0A8AFC07340AF9C0D">
<enum>
(i)
</enum>
<text>
grazed on land on
which sewage sludge was applied; or
</text>
</clause>
<clause id="H3E316222356F4FD6B7B484E7F9EF1713">
<enum>
(ii)
</enum>
<text>
consumed animal
feed produced on land on which sewage sludge was applied; or
</text>
</clause>
</subparagraph>
<subparagraph id="HEA636B1E43154D368F8B6F3D37094496">
<enum>
(C)
</enum>
<text>
in the case of a
carcass, part thereof, meat or meat food product generally offered for sale
without labeling, a sign is posted within close proximity of the item to notify
consumers that the livestock—
</text>
<clause id="H368C44BB53BE455282737FADC95C9217">
<enum>
(i)
</enum>
<text>
grazed on land on
which sewage sludge was applied; or
</text>
</clause>
<clause id="H737F38C281494C959C579F6390441ACC">
<enum>
(ii)
</enum>
<text>
consumed animal
feed produced on land on which sewage sludge was
applied.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB923BAC26860490DAEAC8F6632C23205">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HBA8C4AB4CC5B4FBF82AE8C91F9387157" style="traditional">
<subsection id="H9ECF080E688E41818B8826512ED700E4">
<enum>
(x)
</enum>
<text>
The term
<quote>
sewage sludge
</quote>
has the meaning given to such term in section
402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(j)(2)).
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HF2075F75D465417FB9709BDEE4ADD258">
<enum>
(d)
</enum>
<header>
Adulterated food
under Poultry Products Inspection Act
</header>
<text>
Section 4 of the Poultry
Products Inspection Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/453">
21 U.S.C. 453
</external-xref>
) is amended—
</text>
<paragraph id="HA0F43DAF7493466984D1FC113A18B9D3">
<enum>
(1)
</enum>
<text>
in paragraph
(g)—
</text>
<subparagraph id="H11BD767E89C1447691695F06C0A3A8AF">
<enum>
(A)
</enum>
<text>
by striking
<quote>
or
</quote>
at the end of paragraph (7);
</text>
</subparagraph>
<subparagraph id="H125532DAB34746078F6F457E49192556">
<enum>
(B)
</enum>
<text>
by striking the
period at the end of paragraph (8) and inserting
<quote>
; or
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H1C0D82FCFE844DDEA3A89215FC66AEC7">
<enum>
(C)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block id="H52471A1A0DEB49218B7FC39C6978FB9C">
<paragraph id="HE2F3BCCD18D74672AE61346FA9304818">
<enum>
(9)
</enum>
<text>
effective one year
after the date of the enactment of the
<short-title>
Sewage
Sludge in Food Production Consumer Notification Act
</short-title>
, if it is
derived from poultry that were raised, or that consumed animal feed produced,
on land on which sewage sludge was applied, unless—
</text>
<subparagraph id="H4A020DEA2BE54F29A35A3799E0E28936">
<enum>
(A)
</enum>
<text>
the application of
sewage sludge to the land terminated more than one year before the date on
which the poultry began to be raised on the land or the date on which the
production of the animal feed on the land commenced;
</text>
</subparagraph>
<subparagraph id="H2639A0CC21FB46C189DED46D624EAEF5">
<enum>
(B)
</enum>
<text>
the poultry
product bears a label that clearly indicates that the poultry contained in the
product—
</text>
<clause id="H3D3FB3E25FD74DBE9EA38A92AFC9F705">
<enum>
(i)
</enum>
<text>
were raised on
land on which sewage sludge was applied; or
</text>
</clause>
<clause id="H0AA0448BBFA14F549487863593DC66B2">
<enum>
(ii)
</enum>
<text>
consumed animal
feed produced on land on which sewage sludge was applied; or
</text>
</clause>
</subparagraph>
<subparagraph id="H02701996B77F4619800F562AE0AA8D5F">
<enum>
(C)
</enum>
<text>
in the case of a
poultry product generally offered for sale without labeling, a sign is posted
within close proximity of the item to notify consumers that the poultry
contained in the product—
</text>
<clause id="HF3E7FFDCB8C7492DB3268CC25C7D9C92">
<enum>
(i)
</enum>
<text>
were raised on
land on which sewage sludge was applied; or
</text>
</clause>
<clause id="H8E048567E5804886B16072C2E0937D1A">
<enum>
(ii)
</enum>
<text>
consumed animal
feed produced on land on which sewage sludge was
applied.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H067FCFD1C91A4F2784900DA6F3840C7C">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H240D61BF7A674AC7A858D849DB128B4C" style="traditional">
<subsection id="HDD04FD03821D46B6B151E68E60A7298E">
<enum>
(cc)
</enum>
<text>
The term
<quote>
sewage sludge
</quote>
has the meaning given to such term in section
402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(j)(2)).
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HCCD10A395FF04063BA019BC83A476E71">
<enum>
(e)
</enum>
<header>
Relation to
national organic program
</header>
<paragraph id="H1A0FD616A9744212964CA52B6E6EA050">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Nothing in this section or the amendments made by this
section shall be construed to modify the prohibition contained in part 205 of
title 7, Code of Federal Regulations, on the use of sewage sludge, including
ash, grit, or screenings from the production of sewage sludge, in organic food
production under the National Organic Program of the Department of
Agriculture.
</text>
</paragraph>
<paragraph id="HDF5A143F623B4288A6EF3075E270CD84">
<enum>
(2)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this subsection, the term
<quote>
sewage
sludge
</quote>
has the meaning given to such term in section 503.9(w) of title
40, Code of Federal Regulations (or any successor regulations), except that
such term includes ash generated during the firing of sewage sludge in a sewage
sludge incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 213 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied.
1. Short title This Act may be cited as the Sewage Sludge in Food Production Consumer Notification Act . 2. Notification to consumers of food products produced on land on which sewage sludge has been applied (a) Adulterated food under federal food, drug, and cosmetic act Section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342 ) is amended by adding at the end the following: (j) (1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; (B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or (C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied. (2) In this paragraph, the term sewage sludge has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations). . (b) Adulterated food under Egg Products Inspection Act Section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 ) is amended— (1) in paragraph (a)— (A) by striking or at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; or ; and (C) by adding at the end the following: (9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or (B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that— (i) were raised on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied. ; and (2) by adding at the end the following new subsection: (aa) The term sewage sludge has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)). . (c) Adulterated food under Federal Meat Inspection Act Section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 ) is amended— (1) in paragraph (m)— (A) by striking or at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting ; or ; and (C) by adding at the end the following: (10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; (B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock— (i) grazed on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied; or (C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock— (i) grazed on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied. ; and (2) by adding at the end the following new paragraph: (x) The term sewage sludge has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)). . (d) Adulterated food under Poultry Products Inspection Act Section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 ) is amended— (1) in paragraph (g)— (A) by striking or at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; or ; and (C) by adding at the end the following new paragraph: (9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; (B) the poultry product bears a label that clearly indicates that the poultry contained in the product— (i) were raised on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied; or (C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product— (i) were raised on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied. ; and (2) by adding at the end the following new paragraph: (cc) The term sewage sludge has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)). . (e) Relation to national organic program (1) In general Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture. (2) Definition In this subsection, the term sewage sludge has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations), except that such term includes ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. |
113-hr-214-ih-dtd | 113-hr-214 | 113 | hr | 214 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr214ih.xml | BILLS-113hr214ih.xml | 2023-01-08 17:42:37.803 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H262F9389DAF2492ABAC425747CEE1499" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 214 IH: Cuba Reconciliation Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 214
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HFA00">
Committee on Foreign
Affairs
</committee-name>
, and in addition to the Committees on
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
,
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
,
<committee-name committee-id="HBA00">
Financial Services
</committee-name>
,
<committee-name committee-id="HJU00">
the Judiciary
</committee-name>
,
<committee-name committee-id="HGO00">
Oversight and Government
Reform
</committee-name>
, and
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To lift the trade embargo on Cuba, and for other
purposes.
</official-title>
</form>
<legis-body id="HAB38580295FE42FCBA0C5AA133E0EA9C" style="OLC">
<section display-inline="no-display-inline" id="H9C6A0438B5EF45789DD0E055F446A127" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Cuba Reconciliation
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HF7BBD34C68234880AF76E385C1CD2841">
<enum>
2.
</enum>
<header>
Removal of
provisions restricting trade and other relations with Cuba
</header>
<subsection id="HB4752F513600479499B355C4C1AE87C4">
<enum>
(a)
</enum>
<header>
Authority for
embargo
</header>
<text>
Section 620(a) of the
<act-name parsable-cite="FAA61">
Foreign Assistance Act of 1961
</act-name>
(22 U.S.C.
2370(a)) is repealed.
</text>
</subsection>
<subsection id="HD03BB22C7D1046228CA353F942E8C611">
<enum>
(b)
</enum>
<header>
Trading With the
Enemy Act
</header>
<text>
The authorities conferred upon the President by section
5(b) of the Trading with the Enemy Act, which were being exercised with respect
to Cuba on July 1, 1977, as a result of a national emergency declared by the
President before that date, and are being exercised on the day before the
effective date of this Act, may not be exercised on or after such effective
date with respect to Cuba. Any regulations in effect on the day before such
effective date pursuant to the exercise of such authorities, shall cease to be
effective on such date.
</text>
</subsection>
<subsection id="H40EA99A090D24369B77F1EDA7910A886">
<enum>
(c)
</enum>
<header>
Exercise of
authorities under other provisions of law
</header>
<paragraph id="H31F7E6A21DD34F169A68BF5870D6BACF">
<enum>
(1)
</enum>
<header>
Removal of
prohibitions
</header>
<text display-inline="yes-display-inline">
Any prohibition
on exports to Cuba that is in effect on the day before the effective date of
this Act under the
<act-name parsable-cite="EAA79">
Export Administration Act of
1979
</act-name>
(as continued in effect under the International Emergency
Economic Powers Act) shall cease to be effective on such effective date.
</text>
</paragraph>
<paragraph id="H313BF0AFD5F94FA28D1F04B81B7A7BD0">
<enum>
(2)
</enum>
<header>
Authority for
new restrictions
</header>
<text>
The President may, on and after the effective
date of this Act—
</text>
<subparagraph id="H58194DA607FF45888498B1221CAF448D">
<enum>
(A)
</enum>
<text>
impose export
controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the
<act-name parsable-cite="EAA79">
Export Administration Act of 1979
</act-name>
(as continued in effect under the International Emergency Economic Powers Act);
and
</text>
</subparagraph>
<subparagraph id="HFBC7816015FE40979C3F922F8822C86E">
<enum>
(B)
</enum>
<text>
exercise the
authorities he has under the International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national emergency required by
that Act that is made on account of an unusual and extraordinary threat, that
did not exist before the enactment of this Act, to the national security,
foreign policy, or economy of the United States.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HCAD4750E5DC44454B5E47F8E8CB6C89F">
<enum>
(d)
</enum>
<header>
Cuban Democracy
Act of 1992
</header>
<text>
The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and
following) is repealed.
</text>
</subsection>
<subsection id="H5BEF2D95F54D4BB78C965E2D1E886359">
<enum>
(e)
</enum>
<header>
Repeal of cuban
liberty and democratic solidarity (LIBERTAD) Act of 1996
</header>
<paragraph id="H653382BED49B4089A0DD95C4FAC40803">
<enum>
(1)
</enum>
<header>
Repeal
</header>
<text>
The
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is
repealed.
</text>
</paragraph>
<paragraph id="HEA21598CAEBC4DB89805B488B199BFBE">
<enum>
(2)
</enum>
<header>
Conforming
amendments
</header>
<subparagraph commented="no" display-inline="yes-display-inline" id="H697515D9886A407EA7DA5CBB104B72C4">
<enum>
(A)
</enum>
<text>
Section 498A of the
<act-name parsable-cite="FAA61">
Foreign Assistance Act of 1961
</act-name>
(22
U.S.C. 2295a) is amended—
</text>
<clause id="H8938A3712AA3440CA1C7B97943F94E5E" indent="up1">
<enum>
(i)
</enum>
<text>
in subsection (a)(11), by striking
<quote>
and intelligence facilities, including the military and intelligence
facilities at Lourdes and Cienfuegos,
</quote>
and inserting
<quote>
facilities,
</quote>
;
</text>
</clause>
<clause id="H797D7EFCE6BD44BC9A1D7B18C193DB7A" indent="up1">
<enum>
(ii)
</enum>
<text>
in subsection (b)—
</text>
<subclause id="H8529A74153354ACE865D0A237AE18883">
<enum>
(I)
</enum>
<text>
in paragraph (4), by adding
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="H4CCEC873183447C6A722BDB75886B3F7">
<enum>
(II)
</enum>
<text>
by striking paragraph (5); and
</text>
</subclause>
<subclause id="H805DBA7A0D454B7EBA856C5AEBC907AA">
<enum>
(III)
</enum>
<text>
by redesignating paragraph (6) as
paragraph (5); and
</text>
</subclause>
</clause>
<clause id="H51C64F3D538641ABB613335993256563" indent="up1">
<enum>
(iii)
</enum>
<text>
by striking subsection
(d).
</text>
</clause>
</subparagraph>
<subparagraph id="HF9755700674849DC9DA778C6D6B5E10A" indent="up1">
<enum>
(B)
</enum>
<text>
Section 498B(k) of the
<act-name parsable-cite="FAA61">
Foreign Assistance Act of 1961
</act-name>
(22
U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4).
</text>
</subparagraph>
<subparagraph id="HBD8F9EA425C8488188601BC97A87DCCB" indent="up1">
<enum>
(C)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/28/1611">
Section 1611
</external-xref>
of title 28, United
States Code, is amended by striking subsection (c).
</text>
</subparagraph>
<subparagraph id="HE241A34431C84422924667BCD76FA0E8" indent="up1">
<enum>
(D)
</enum>
<text>
Sections 514 and 515 of the
International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA2533D2D3C254165838E7614A5FFFD1F">
<enum>
(f)
</enum>
<header>
Termination of
denial of foreign tax credit with respect to Cuba
</header>
<text>
Subparagraph
(A) of
<external-xref legal-doc="usc" parsable-cite="usc/26/901">
section 901(j)(2)
</external-xref>
of the Internal Revenue Code of 1986 (relating to
denial of foreign tax credit, etc., with respect to certain foreign countries)
is amended by adding at the end thereof the following new flush
sentence:
</text>
<quoted-block id="H11896FAA77604B2E92CC2AC100941E01">
<quoted-block-continuation-text quoted-block-continuation-text-level="subsection">
Notwithstanding the preceding
sentence, this subsection shall not apply to Cuba after the date which is 60
days after the date of the enactment of this
sentence.
</quoted-block-continuation-text>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA0166C5692634072944F5DA362D7145E">
<enum>
(g)
</enum>
<header>
Sugar quota
prohibition under Food Security Act of 1985
</header>
<text>
Section 902(c) of the
Food Security Act of 1985 is repealed.
</text>
</subsection>
<subsection id="HBB24F738F1764A8B8E68B2E7EFC6FDFB">
<enum>
(h)
</enum>
<header>
Trade Sanctions
Reform and Export Enhancement Act of 2000
</header>
<text>
The Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 and following) is
amended—
</text>
<paragraph id="H1FE3EDD5E55846DDAA3315A265C08692">
<enum>
(1)
</enum>
<text>
in section
906(a)(1)—
</text>
<subparagraph id="HF0894BC50EDC4103830148DFFA5B7FC6">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Cuba,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H09C435C10E244E069D8C97C54862FCBC">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
(other than Cuba)
</quote>
after
<quote>
to the government of a
country
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H294CD20C97FB4B0CA7C964621609817A">
<enum>
(2)
</enum>
<text>
in section
908—
</text>
<subparagraph id="H30AD6EC8AA3C4B7FADFA6F26D936C7BD">
<enum>
(A)
</enum>
<text>
by striking
subsection (b);
</text>
</subparagraph>
<subparagraph id="H2D83CA9367864D21A45697411DCD14E6">
<enum>
(B)
</enum>
<text>
in subsection
(a)—
</text>
<clause id="HAAC2713923C04CEF8E5DD64E4D1BE126">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
<header-in-text level="subsection">
Prohibition
</header-in-text>
</quote>
and all that follows
through
<quote>
(1)
<header-in-text level="paragraph">
In
general
</header-in-text>
.—
</quote>
and inserting
<quote>
<header-in-text level="subsection">
In General
</header-in-text>
.—
</quote>
;
</text>
</clause>
<clause id="HA0486F99BDD04498A97702CB17F70B53">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
for exports to Cuba or
</quote>
;
</text>
</clause>
<clause id="H81183851F08B44709643727A43708F48">
<enum>
(iii)
</enum>
<text>
by
striking paragraph (2); and
</text>
</clause>
<clause id="H5C6A9D6D61D8475D809D95ACD44C99D6">
<enum>
(iv)
</enum>
<text>
by
redesignating paragraph (3) as subsection (b) (and conforming the margin
accordingly); and
</text>
</clause>
</subparagraph>
<subparagraph id="H8160ABEDE5DE46BE8E6B7FDCCF281982">
<enum>
(C)
</enum>
<text>
in subsection (b)
(as redesignated), by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H03CE2776E29848248D31B617E4162216">
<enum>
(3)
</enum>
<text>
by striking
section 909; and
</text>
</paragraph>
<paragraph id="HB3E4746BC922413CAF2B7674F3C368E7">
<enum>
(4)
</enum>
<text>
by striking
section 910.
</text>
</paragraph>
</subsection>
<subsection id="H16CF2A6ACD6A426FB0CDAF8F9B19EBB8">
<enum>
(i)
</enum>
<header>
Repeal of
prohibition on transactions or payments with respect to certain United States
intellectual property
</header>
<text>
Section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999 (as contained in section 101(b)
of division A of
<external-xref legal-doc="public-law" parsable-cite="pl/105/277">
Public Law 105–277
</external-xref>
; 112 Stat. 2681–88) is repealed.
</text>
</subsection>
</section>
<section id="HB58E7C3719B448FDABED1025452060FE">
<enum>
3.
</enum>
<header>
Telecommunications
equipment and facilities
</header>
<text display-inline="no-display-inline">
Any
common carrier within the meaning of section 3 of the
<act-name parsable-cite="CA34">
Communications Act of 1934
</act-name>
(47 U.S.C.
153) is authorized to install, maintain, and repair telecommunications
equipment and facilities in Cuba, and otherwise provide telecommunications
services between the United States and Cuba. The authority of this section
includes the authority to upgrade facilities and equipment.
</text>
</section>
<section id="H7BC01AEFBB4B4D45B841689BB9246DFB">
<enum>
4.
</enum>
<header>
Travel
</header>
<subsection id="HB9DA1661EDDB49E289983A7C73154849">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
Travel to and from Cuba by individuals who are citizens
or residents of the United States, and any transactions ordinarily incident to
such travel, may not be regulated or prohibited if such travel would be lawful
in the United States.
</text>
</subsection>
<subsection id="H2A0618262822430790FB3BBDA7F961C5">
<enum>
(b)
</enum>
<header>
Transactions
incident to travel
</header>
<text>
Any transactions ordinarily incident to travel
which may not be regulated or prohibited under subsection (a) include, but are
not limited to—
</text>
<paragraph id="HD621965D1554412181E7652057CCCCB9">
<enum>
(1)
</enum>
<text>
transactions
ordinarily incident to travel or maintenance in Cuba; and
</text>
</paragraph>
<paragraph id="H431FB4CDE9DD4520BE0CCA5E9FC8DB95">
<enum>
(2)
</enum>
<text>
normal banking
transactions involving foreign currency drafts, traveler’s checks, or other
negotiable instruments incident to such travel.
</text>
</paragraph>
</subsection>
</section>
<section id="H78ABE646D5494DC7A0A1BF1BC706E933">
<enum>
5.
</enum>
<header>
Direct mail
delivery to Cuba
</header>
<text display-inline="no-display-inline">
The United
States Postal Service shall take such actions as are necessary to provide
direct mail service to and from Cuba, including, in the absence of common
carrier service between the 2 countries, the use of charter providers.
</text>
</section>
<section id="H50726E66B0F546E2A26A8E43D1E73441">
<enum>
6.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
This Act, and the
amendments made by this Act, shall take effect 60 days after the date of the
enactment of this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 214 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Energy and Commerce , Financial Services , the Judiciary , Oversight and Government Reform , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To lift the trade embargo on Cuba, and for other purposes.
1. Short title This Act may be cited as the Cuba Reconciliation Act . 2. Removal of provisions restricting trade and other relations with Cuba (a) Authority for embargo Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act The authorities conferred upon the President by section 5(b) of the Trading with the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of authorities under other provisions of law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions The President may, on and after the effective date of this Act— (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act of 1992 The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of cuban liberty and democratic solidarity (LIBERTAD) Act of 1996 (1) Repeal The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments (A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended— (i) in subsection (a)(11), by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and inserting facilities, ; (ii) in subsection (b)— (I) in paragraph (4), by adding and after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Termination of denial of foreign tax credit with respect to Cuba Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence. . (g) Sugar quota prohibition under Food Security Act of 1985 Section 902(c) of the Food Security Act of 1985 is repealed. (h) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 and following) is amended— (1) in section 906(a)(1)— (A) by striking Cuba, ; and (B) by inserting (other than Cuba) after to the government of a country ; (2) in section 908— (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition and all that follows through (1) In general .— and inserting In General .— ; (ii) by striking for exports to Cuba or ; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking paragraph (1) and inserting subsection (a) ; (3) by striking section 909; and (4) by striking section 910. (i) Repeal of prohibition on transactions or payments with respect to certain United States intellectual property Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88) is repealed. 3. Telecommunications equipment and facilities Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. 4. Travel (a) In General Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions incident to travel Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel. 5. Direct mail delivery to Cuba The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. 6. Effective date This Act, and the amendments made by this Act, shall take effect 60 days after the date of the enactment of this Act. |
113-hr-215-ih-dtd | 113-hr-215 | 113 | hr | 215 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr215ih.xml | BILLS-113hr215ih.xml | 2023-01-08 17:42:37.571 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HFA88F239D21542F1B44C91D053C0C924" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 215 IH: Baseball Diplomacy Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 215
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HFA00">
Committee on Foreign
Affairs
</committee-name>
, and in addition to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To waive certain prohibitions with respect to nationals
of Cuba coming to the United States to play organized professional
baseball.
</official-title>
</form>
<legis-body id="H6EDF8114811147E3A19A84F6419F4894" style="OLC">
<section display-inline="no-display-inline" id="H2E293A7DE03B46D1923881BACFB059A8" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Baseball Diplomacy
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H8A59C80D92C94E6FA223735718AB8E6C">
<enum>
2.
</enum>
<header>
Removal of
certain restrictions
</header>
<subsection id="H1A6793BE33D44CB4BDB45E6F258AA9A2">
<enum>
(a)
</enum>
<header>
Restriction on
Embargo Authority
</header>
<text>
The authorities of section 620(a) of the
<act-name parsable-cite="FAA61">
Foreign Assistance Act of 1961
</act-name>
,
those authorities under section 5(b) of the Trading with the Enemy Act that
were being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared before that date, and are being exercised on the
date of the enactment of this Act, and section 203 of the International
Emergency Economic Powers Act may not be exercised to regulate or
prohibit—
</text>
<paragraph id="H19F8CBB58C7A4E8B971C120083F26961">
<enum>
(1)
</enum>
<text>
those transactions
permitted under
<external-xref legal-doc="regulation" parsable-cite="cfr/31/515.571">
section 515.571
</external-xref>
of title 31, Code of Federal Regulations, by or
on behalf of a Cuban national who enters the United States from Cuba on a visa
issued under section 101(a)(15)(H)(ii)(b) of the
<act-name parsable-cite="INA">
Immigration and Nationality Act
</act-name>
for the purpose
of playing organized professional baseball; and
</text>
</paragraph>
<paragraph id="HFD7446AC2D6C496B8E66148CC79BBE2A">
<enum>
(2)
</enum>
<text>
a
Cuban national described in paragraph (1) from returning to Cuba with the
earnings made in playing organized professional baseball.
</text>
</paragraph>
</subsection>
<subsection id="H2DA968D7BE0D4A94AEAA573A03E1FD3C">
<enum>
(b)
</enum>
<header>
Restriction on
Immigration Authority
</header>
<text>
The authority contained in section 212(f)
of the
<act-name parsable-cite="INA">
Immigration and Nationality Act
</act-name>
may not be used to deny a visa described in subsection (a)(1) to a Cuban
national for the purpose of playing organized professional baseball.
</text>
</subsection>
<subsection id="H821FC2D6EA2F4F3B873776E05BA9222A">
<enum>
(c)
</enum>
<header>
Inapplicability
of Other Restrictions
</header>
<text>
This section applies notwithstanding
section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996.
</text>
</subsection>
</section>
<section id="HA07F0C0933694D71BFA5279AFAE2194A">
<enum>
3.
</enum>
<header>
Duration of
visa
</header>
<text display-inline="no-display-inline">
A visa described in
section 2(a)(1)—
</text>
<paragraph id="HAFD52AE6EECE44F88B7EDB87E68F53DD">
<enum>
(1)
</enum>
<text>
shall permit the
alien to whom the visa is issued to remain in the United States only for the
duration of the baseball season; and
</text>
</paragraph>
<paragraph id="H3A00FFD2012F47FAA42A6126B214768A">
<enum>
(2)
</enum>
<text>
need not be
renewed for subsequent entries into the United States for the duration of a
valid contract entered into between the alien and the professional baseball
team with which the alien played in the preceding baseball season.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 215 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball.
1. Short title This Act may be cited as the Baseball Diplomacy Act . 2. Removal of certain restrictions (a) Restriction on Embargo Authority The authorities of section 620(a) of the Foreign Assistance Act of 1961 , those authorities under section 5(b) of the Trading with the Enemy Act that were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared before that date, and are being exercised on the date of the enactment of this Act, and section 203 of the International Emergency Economic Powers Act may not be exercised to regulate or prohibit— (1) those transactions permitted under section 515.571 of title 31, Code of Federal Regulations, by or on behalf of a Cuban national who enters the United States from Cuba on a visa issued under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act for the purpose of playing organized professional baseball; and (2) a Cuban national described in paragraph (1) from returning to Cuba with the earnings made in playing organized professional baseball. (b) Restriction on Immigration Authority The authority contained in section 212(f) of the Immigration and Nationality Act may not be used to deny a visa described in subsection (a)(1) to a Cuban national for the purpose of playing organized professional baseball. (c) Inapplicability of Other Restrictions This section applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. 3. Duration of visa A visa described in section 2(a)(1)— (1) shall permit the alien to whom the visa is issued to remain in the United States only for the duration of the baseball season; and (2) need not be renewed for subsequent entries into the United States for the duration of a valid contract entered into between the alien and the professional baseball team with which the alien played in the preceding baseball season. |
113-hr-216-ih-dtd | 113-hr-216 | 113 | hr | 216 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr216ih.xml | BILLS-113hr216ih.xml | 2023-01-08 17:42:36.943 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H37767DD87F50407EB3BCA54707D41846" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 216 IH: United States Library Trust Fund Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 216
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="S000248">
Mr. Serrano
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
, and in addition to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to allow
taxpayers to designate income tax overpayments as contributions to the United
States Library Trust Fund.
</official-title>
</form>
<legis-body id="HCD39CBF8950246C3A25644215C02B59D" style="OLC">
<section display-inline="no-display-inline" id="H62A759D79DD54D8DA764818D6E29CF81" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
United States Library Trust Fund
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H51C90922A96848A98AD7668B761C2910">
<enum>
2.
</enum>
<header>
United States
Library Trust Fund
</header>
<subsection id="H1FF951C45AA8492996C3B4AF66E316A1">
<enum>
(a)
</enum>
<header>
Designation of
overpayments as contributions to United States Library Trust
Fund
</header>
<text>
Subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by adding at the end the following new part:
</text>
<quoted-block id="HE3F93B9DADA349BCA30B74F6B39B7A81">
<part id="HBA0B02CE17C645D1BCBF2BFA35698664">
<enum>
IX
</enum>
<header>
Designation of
overpayments as contributions to United States Library Trust Fund
</header>
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 6097. Designation.
</toc-entry>
</toc>
<section id="H643629BB0A474AB9817822D4CBFA99E5">
<enum>
6097.
</enum>
<header>
Designation
</header>
<subsection id="HD274ECE09DA445E0A87B65ED925E6016">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Every taxpayer who
makes a return of the tax imposed by subtitle A for any taxable year may
designate that a specified portion (not less than $1) of the amount of any
overpayment of tax for such taxable year shall be paid over to the United
States Library Trust Fund in accordance with the provisions of section
9512.
</text>
</subsection>
<subsection id="H9B9125FB06C8473B8C922B7781655938">
<enum>
(b)
</enum>
<header>
Manner and time
of designation
</header>
<text>
A designation under subsection (a) may be made
with respect to any taxable year—
</text>
<paragraph id="H7911EB56A6544814A270F7057D01FA5E">
<enum>
(1)
</enum>
<text>
at the time of
filing the return of the tax imposed by chapter 1 for such taxable year,
or
</text>
</paragraph>
<paragraph id="H9BFB88F8E43643B0A5FDAE5C4200AF02">
<enum>
(2)
</enum>
<text>
at any other time
(after the time of filing the return of the tax imposed by chapter 1 for such
taxable year) specified in regulations prescribed by the Secretary.
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
Such
designation shall be made in such manner as the Secretary prescribes by
regulations except that such designation shall be made either on the first page
of the return or on the page bearing the taxpayer’s signature.
</continuation-text>
</subsection>
<subsection id="H58D036EF0B7F45389B1BC40B6CA4E97A">
<enum>
(c)
</enum>
<header>
Overpayments
treated as refunded
</header>
<text>
For purposes of this title, any portion of an
overpayment of tax designated under subsection (a) shall be treated as being
refunded to the taxpayer as of the last date prescribed for filing the return
of tax imposed by chapter 1 (determined without regard to
extensions).
</text>
</subsection>
</section>
</part>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4A3FB05862B3434CBD5578B8CBB3CD29">
<enum>
(b)
</enum>
<header>
Creation of
trust fund
</header>
<text>
Subchapter A of chapter 98 of such Code is amended by
adding at the end the following new section:
</text>
<quoted-block id="HA33B28DE2D724F6E8E4375B04CD61E68">
<section id="HA1C3394D59084013A69A817F0306630C">
<enum>
9512.
</enum>
<header>
United States
Library Trust Fund
</header>
<subsection id="H31C5339024AE4D3BA71E5C3A94C0933D">
<enum>
(a)
</enum>
<header>
Creation of
trust fund
</header>
<text>
There is established in the Treasury of the United
States a trust fund to be known as the
<quote>
United States Library Trust
Fund
</quote>
, consisting of such amounts as may be credited or paid to such
trust fund as provided in section 6097.
</text>
</subsection>
<subsection id="HB876869B8143419A9873B434EDD015D6">
<enum>
(b)
</enum>
<header>
Transfers to
trust fund
</header>
<text display-inline="yes-display-inline">
There are hereby
appropriated to the United States Library Trust Fund amounts equivalent to the
amounts of the overpayments of tax to which designations under section 6097
apply.
</text>
</subsection>
<subsection id="HD5DCF2ECEA9A484A9BD7992E1AC19476">
<enum>
(c)
</enum>
<header>
Expenditures
from trust fund
</header>
<text>
Amounts in the United States Library Trust Fund
shall be available, as provided in appropriation Acts, only for purposes of
making expenditures to carry out section 3 of the
<short-title>
United States Library Trust Fund
Act
</short-title>
.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HBC633FB3681D428DBAC7A4D31713DABD">
<enum>
(c)
</enum>
<header>
Clerical
amendments
</header>
<paragraph id="HD86C57ABAF5E445A83AE2522594E6F6A">
<enum>
(1)
</enum>
<text>
The table of parts
for subchapter A of chapter 61 of such Code is amended by adding at the end the
following new item:
</text>
<quoted-block id="H7FDF49E63BC148F98CCAC723DD610498" style="OLC">
<toc>
<toc-entry idref="HBA0B02CE17C645D1BCBF2BFA35698664" level="part">
Part IX.—Designation of overpayments as contributions to United
States Library Trust
Fund
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0EAA6A8D5BC646A38A11578846233786">
<enum>
(2)
</enum>
<text>
The table of
sections for subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
</text>
<quoted-block id="H0422D990B9FB4264A1AF7D6D67300CC5" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 9512. United States Library Trust
Fund.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HFB91C08C274045398893540143C307CA">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to taxable
years ending after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H7CC94EB0BA874807857033555A3E44B8">
<enum>
3.
</enum>
<header>
Grants to
libraries
</header>
<subsection id="HCB719FCC4A3C48B5A0062B871FA6D55A">
<enum>
(a)
</enum>
<header>
Eligibility of
public libraries and public school libraries
</header>
<text>
A public library or
public school library is eligible to receive a grant under this section from
the United States Library Trust Fund established pursuant to section 9512 of
the Internal Revenue Code of 1986 for any fiscal year by submitting an
application to the Office of Library Services that includes—
</text>
<paragraph id="H4011792DFEA0492482BAA1254650DFFD">
<enum>
(1)
</enum>
<text>
certification that
the library does not have the financial resources available to purchase new
books or collections;
</text>
</paragraph>
<paragraph id="HAFD4591C88354787AAACA6596302E7A7">
<enum>
(2)
</enum>
<text>
assurances that
funds received under this section will be used only to purchase materials for
the library;
</text>
</paragraph>
<paragraph id="H7215195D35C640FFB9EFD6530DE83E53">
<enum>
(3)
</enum>
<text>
assurances that
funds received under this section will be used to supplement, not supplant,
other funds received by such library; and
</text>
</paragraph>
<paragraph id="H6FDC9C3B532F4BA0854CA4EF0DB38B18">
<enum>
(4)
</enum>
<text>
an agreement to
make available any financial records that the Office of Library Services may
need for audit purposes.
</text>
</paragraph>
</subsection>
<subsection id="HE2B11C906C064763B10F2634AFE24DE6">
<enum>
(b)
</enum>
<header>
Grant
selection
</header>
<text>
The Office of Library Services shall select the number
of grant awards made under this section and the amount of each such award based
upon economic need in accordance with regulations published by the
Office.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 216 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow taxpayers to designate income tax overpayments as contributions to the United States Library Trust Fund.
1. Short title This Act may be cited as the United States Library Trust Fund Act . 2. United States Library Trust Fund (a) Designation of overpayments as contributions to United States Library Trust Fund Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Designation of overpayments as contributions to United States Library Trust Fund Sec. 6097. Designation. 6097. Designation (a) In general Every taxpayer who makes a return of the tax imposed by subtitle A for any taxable year may designate that a specified portion (not less than $1) of the amount of any overpayment of tax for such taxable year shall be paid over to the United States Library Trust Fund in accordance with the provisions of section 9512. (b) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature. (c) Overpayments treated as refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions). . (b) Creation of trust fund Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: 9512. United States Library Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the United States Library Trust Fund , consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. (b) Transfers to trust fund There are hereby appropriated to the United States Library Trust Fund amounts equivalent to the amounts of the overpayments of tax to which designations under section 6097 apply. (c) Expenditures from trust fund Amounts in the United States Library Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out section 3 of the United States Library Trust Fund Act . . (c) Clerical amendments (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: Part IX.—Designation of overpayments as contributions to United States Library Trust Fund . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. United States Library Trust Fund. . (d) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 3. Grants to libraries (a) Eligibility of public libraries and public school libraries A public library or public school library is eligible to receive a grant under this section from the United States Library Trust Fund established pursuant to section 9512 of the Internal Revenue Code of 1986 for any fiscal year by submitting an application to the Office of Library Services that includes— (1) certification that the library does not have the financial resources available to purchase new books or collections; (2) assurances that funds received under this section will be used only to purchase materials for the library; (3) assurances that funds received under this section will be used to supplement, not supplant, other funds received by such library; and (4) an agreement to make available any financial records that the Office of Library Services may need for audit purposes. (b) Grant selection The Office of Library Services shall select the number of grant awards made under this section and the amount of each such award based upon economic need in accordance with regulations published by the Office. |
113-hr-217-ih-dtd | 113-hr-217 | 113 | hr | 217 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr217ih.xml | BILLS-113hr217ih.xml | 2023-01-08 17:42:37.319 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HE3E40F4D0DC149F19354FDF435D4921A" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 217 IH: Title X Abortion Provider Prohibition Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 217
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="B001273">
Mrs. Black
</sponsor>
(for
herself,
<cosponsor name-id="S001176">
Mr. Scalise
</cosponsor>
,
<cosponsor name-id="K000362">
Mr. King of Iowa
</cosponsor>
,
<cosponsor name-id="S000522">
Mr. Smith of New Jersey
</cosponsor>
,
<cosponsor name-id="P000373">
Mr. Pitts
</cosponsor>
,
<cosponsor name-id="R000591">
Mrs. Roby
</cosponsor>
,
<cosponsor name-id="F000456">
Mr. Fleming
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
,
<cosponsor name-id="D000615">
Mr. Duncan of South Carolina
</cosponsor>
,
<cosponsor name-id="P000591">
Mr. Price of Georgia
</cosponsor>
,
<cosponsor name-id="A000367">
Mr. Amash
</cosponsor>
,
<cosponsor name-id="B001269">
Mr. Barletta
</cosponsor>
,
<cosponsor name-id="C001087">
Mr. Crawford
</cosponsor>
,
<cosponsor name-id="E000291">
Mrs. Ellmers
</cosponsor>
,
<cosponsor name-id="F000460">
Mr. Farenthold
</cosponsor>
,
<cosponsor name-id="S001172">
Mr. Smith of Nebraska
</cosponsor>
,
<cosponsor name-id="F000459">
Mr. Fleischmann
</cosponsor>
,
<cosponsor name-id="G000560">
Mr. Graves of Georgia
</cosponsor>
,
<cosponsor name-id="F000448">
Mr. Franks of Arizona
</cosponsor>
,
<cosponsor name-id="R000580">
Mr. Roskam
</cosponsor>
,
<cosponsor name-id="F000450">
Ms. Foxx
</cosponsor>
,
<cosponsor name-id="K000376">
Mr. Kelly
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe
of Tennessee
</cosponsor>
, and
<cosponsor name-id="R000585">
Mr.
Reed
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title X of the Public Health Service Act to
prohibit family planning grants from being awarded to any entity that performs
abortions, and for other purposes.
</official-title>
</form>
<legis-body id="HBBB909FAA9984C15A4DDBCFCBC3FC933" style="OLC">
<section commented="no" display-inline="no-display-inline" id="HD94AD5C5718C49DBAB3EC02A029B5276" section-type="section-one">
<enum>
1.
</enum>
<header display-inline="yes-display-inline">
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Title X Abortion Provider Prohibition
Act
</short-title>
</quote>
.
</text>
</section>
<section commented="no" display-inline="no-display-inline" id="H4654F1230C664ADAB50E27E04CB16A03" section-type="subsequent-section">
<enum>
2.
</enum>
<header display-inline="yes-display-inline">
Prohibition on abortion
</header>
<text display-inline="no-display-inline">
Title X of the Public Health Service Act (42
U.S.C. 300 et seq.) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD4EAB2985B104FC5B8BC07FD6F2F8D68" style="OLC">
<section commented="no" display-inline="no-display-inline" id="HAB77BBF944A947709063918525629536" section-type="subsequent-section">
<enum>
1009.
</enum>
<header display-inline="yes-display-inline">
Additional prohibition regarding
abortion
</header>
<subsection commented="no" display-inline="no-display-inline" id="H6A36A3C00F0548A591EF10E8F27565ED">
<enum>
(a)
</enum>
<header display-inline="yes-display-inline">
Prohibition
</header>
<text display-inline="yes-display-inline">
The Secretary shall not provide any
assistance under this title to an entity unless the entity certifies that,
during the period of such assistance, the entity will not perform, and will not
provide any funds to any other entity that performs, an abortion.
</text>
</subsection>
<subsection commented="no" id="HD138E7AB9DC64C2D972850009A62ABDA">
<enum>
(b)
</enum>
<header>
Exception
</header>
<text>
Subsection
(a) does not apply with respect to an abortion where—
</text>
<paragraph id="H730C66E447344FE5A2F74DA3A61A02FA">
<enum>
(1)
</enum>
<text>
the pregnancy is
the result of an act of rape or incest; or
</text>
</paragraph>
<paragraph id="HC82C9754E1E54C308193C5D190483299">
<enum>
(2)
</enum>
<text>
a physician
certifies that the woman suffers from a physical disorder, physical injury, or
physical illness that would place the woman in danger of death unless an
abortion is performed, including a life-threatening physical condition caused
by or arising from the pregnancy itself.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H805746FCB8564660A3D9DB8BF9409E96">
<enum>
(c)
</enum>
<header>
Hospitals
</header>
<text>
Subsection
(a) does not apply with respect to a hospital, so long as such hospital does
not, during the period of assistance described in subsection (a), provide funds
to any non-hospital entity that performs an abortion (other than an abortion
described in subsection (b)).
</text>
</subsection>
<subsection id="HE2813B2C41334002951CFBB124E874FC">
<enum>
(d)
</enum>
<header>
Annual
report
</header>
<text>
Not later than 60 days after the date of the enactment of
the Title X Abortion Provider Prohibition Act, and annually thereafter, for the
fiscal year involved, the Secretary shall submit a report to the Congress
containing—
</text>
<paragraph id="H9C0B6AF10C294FEF9FD5B9911BDE3AC6">
<enum>
(1)
</enum>
<text>
a list of each
entity receiving a grant under this title;
</text>
</paragraph>
<paragraph id="H862DCA20339C4C2CBB05580EE8493775">
<enum>
(2)
</enum>
<text>
for each such
entity performing abortions under the exceptions described in subsection
(b)—
</text>
<subparagraph id="H1BE5E9618CF740539BE2F72206BDEDCF">
<enum>
(A)
</enum>
<text>
the total number
of such abortions;
</text>
</subparagraph>
<subparagraph id="H3F12B5EFF2F14E19AA94A38DC7F1FBCB">
<enum>
(B)
</enum>
<text>
the number of such
abortions where the pregnancy is the result of an act of rape;
</text>
</subparagraph>
<subparagraph id="H186D00268EA54D64A902CDFF3E37B129">
<enum>
(C)
</enum>
<text>
the number of such
abortions where the pregnancy is the result of an act of incest; and
</text>
</subparagraph>
<subparagraph id="HF2E07257C6AA4850A5896237A96FD930">
<enum>
(D)
</enum>
<text>
the number of such
abortions where a physician provides a certification described in subsection
(b)(2);
</text>
</subparagraph>
</paragraph>
<paragraph id="H74DFAE61E344496E82D951A01677A2FE">
<enum>
(3)
</enum>
<text>
a statement of the
date of the latest certification under subsection (a) for each entity receiving
a grant under this title; and
</text>
</paragraph>
<paragraph id="HF6B4D028920B4739ACDDEA846A7A4F42">
<enum>
(4)
</enum>
<text>
a list of each
entity to which an entity described in paragraph (1) makes available funds
received through a grant under this title.
</text>
</paragraph>
</subsection>
<subsection id="HAABD7B363E0042D2B9F77D9099EBF9AE">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph id="HE836CB2F87D8441BBA2C2FA96F50CFA5">
<enum>
(1)
</enum>
<text>
The term
<term>
entity
</term>
means the entire legal entity, including any entity that
controls, is controlled by, or is under common control with such entity.
</text>
</paragraph>
<paragraph id="HAACCFD69AE06460AA41EFDC72F34CB58">
<enum>
(2)
</enum>
<text>
The term
<term>
hospital
</term>
has the meaning given to such term in section 1861(e) of
the Social Security
Act.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 217 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mrs. Black (for herself, Mr. Scalise , Mr. King of Iowa , Mr. Smith of New Jersey , Mr. Pitts , Mrs. Roby , Mr. Fleming , Mr. Flores , Mr. Duncan of South Carolina , Mr. Price of Georgia , Mr. Amash , Mr. Barletta , Mr. Crawford , Mrs. Ellmers , Mr. Farenthold , Mr. Smith of Nebraska , Mr. Fleischmann , Mr. Graves of Georgia , Mr. Franks of Arizona , Mr. Roskam , Ms. Foxx , Mr. Kelly , Mr. Roe of Tennessee , and Mr. Reed ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes.
1. Short title This Act may be cited as the Title X Abortion Provider Prohibition Act . 2. Prohibition on abortion Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amended by adding at the end the following: 1009. Additional prohibition regarding abortion (a) Prohibition The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. (b) Exception Subsection (a) does not apply with respect to an abortion where— (1) the pregnancy is the result of an act of rape or incest; or (2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself. (c) Hospitals Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)). (d) Annual report Not later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to the Congress containing— (1) a list of each entity receiving a grant under this title; (2) for each such entity performing abortions under the exceptions described in subsection (b)— (A) the total number of such abortions; (B) the number of such abortions where the pregnancy is the result of an act of rape; (C) the number of such abortions where the pregnancy is the result of an act of incest; and (D) the number of such abortions where a physician provides a certification described in subsection (b)(2); (3) a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and (4) a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title. (e) Definitions In this section: (1) The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity. (2) The term hospital has the meaning given to such term in section 1861(e) of the Social Security Act. . |
113-hr-218-ih-dtd | 113-hr-218 | 113 | hr | 218 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr218ih.xml | BILLS-113hr218ih.xml | 2023-01-08 17:42:37.075 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3657945B56424A118BF0D5B040428F80" public-private="private">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 218 IH: For the relief of Enrique Soriano and Areli Soriano.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-04
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
V
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 218
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130104">
January 4, 2013
</action-date>
<action-desc>
<sponsor name-id="G000410">
Mr. Gene Green of
Texas
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
For the relief of Enrique Soriano and Areli
Soriano.
</official-title>
</form>
<legis-body id="H479E9000A0364C0189F5A9C29A64CE07" style="OLC">
<section id="HE0D55AE4B125432BA12F2153DED28250" section-type="section-one">
<enum>
1.
</enum>
<header>
Permanent resident status for
Enrique Soriano and Areli Soriano
</header>
<subsection id="H45E67EE8E4024D72A6B92AB2BD4633E0">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding
subsections (a) and (b) of section 201 of the Immigration and Nationality Act,
Enrique Soriano and Areli Soriano shall each be eligible for issuance of an
immigrant visa or for adjustment of status to that of an alien lawfully
admitted for permanent residence upon filing an application for issuance of an
immigrant visa under section 204 of such Act or for adjustment of status to
lawful permanent resident.
</text>
</subsection>
<subsection id="H8A6982C808454417B6266A21E63BD1B9">
<enum>
(b)
</enum>
<header>
Adjustment of
status
</header>
<text display-inline="yes-display-inline">
If Enrique Soriano or
Areli Soriano enters the United States before the filing deadline specified in
subsection (c), he or she shall be considered to have entered and remained
lawfully and shall, if otherwise eligible, be eligible for adjustment of status
under section 245 of the Immigration and Nationality Act as of the date of the
enactment of this Act.
</text>
</subsection>
<subsection id="H8339789313314C7CB2EDD388D728A5CE">
<enum>
(c)
</enum>
<header>
Deadline for
application and payment of fees
</header>
<text>
Subsections (a) and (b) shall
apply only if the application for issuance of an immigrant visa or the
application for adjustment of status is filed with appropriate fees within 2
years after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="H0D32E48B21FF4648AFBF73C634C11235">
<enum>
(d)
</enum>
<header>
Reduction of
immigrant visa number
</header>
<text display-inline="yes-display-inline">
Upon
the granting of an immigrant visa or permanent residence to Enrique Soriano and
Areli Soriano, the Secretary of State shall instruct the proper officer to
reduce by 2, during the current or next following fiscal year, the total number
of immigrant visas that are made available to natives of the country of the
aliens’ birth under section 203(a) of the Immigration and Nationality Act or,
if applicable, the total number of immigrant visas that are made available to
natives of the country of the aliens’ birth under section 202(e) of such
Act.
</text>
</subsection>
<subsection id="H82924868FAC9436D839EFA51866FC3AD">
<enum>
(e)
</enum>
<header>
Denial of
preferential immigration treatment for certain relatives
</header>
<text display-inline="yes-display-inline">
The natural parents, brothers, and sisters
of Enrique Soriano and Areli Soriano shall not, by virtue of such relationship,
be accorded any right, privilege, or status under the Immigration and
Nationality Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| V 113th CONGRESS 1st Session H. R. 218 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Enrique Soriano and Areli Soriano.
1. Permanent resident status for Enrique Soriano and Areli Soriano (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Enrique Soriano and Areli Soriano shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Enrique Soriano or Areli Soriano enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Enrique Soriano and Areli Soriano, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Enrique Soriano and Areli Soriano shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. |
113-hr-219-eh-dtd | 113-hr-219 | 113 | hr | 219 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr219eh.xml | BILLS-113hr219eh.xml | 2023-01-08 17:42:37.185 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Engrossed-in-House" bill-type="olc" dms-id="HB462213EB250411A962F031F1E5E102F" key="H" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 219 EH: Sandy Recovery Improvement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 219
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
</official-title>
</form>
<legis-body id="H11A9924919114CF0940273C58C6EE885" style="OLC">
<section id="H6160DB5E516A4DF9A3F857943751EA39" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="HAF5D2B50E48D472E892ED4E55F1227EF">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This Act may be cited as the
<quote>
<short-title>
Sandy Recovery Improvement Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H164FAEE47FD648CBB2468E89F6B9AC00">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H6160DB5E516A4DF9A3F857943751EA39" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="HC20BF222B5854CB3BF0F1F567A4C9A56" level="section">
Sec. 2. Public assistance program alternative procedures.
</toc-entry>
<toc-entry idref="H053431A38D0D4CF6A57B7BB4D1EA222F" level="section">
Sec. 3. Federal assistance to individuals and households.
</toc-entry>
<toc-entry idref="HD70AC76C147D479DB2D59D11ADD543AA" level="section">
Sec. 4. Hazard mitigation.
</toc-entry>
<toc-entry idref="H2590E6EC9C004734859E54D4D2F6C5C9" level="section">
Sec. 5. Dispute resolution pilot program.
</toc-entry>
<toc-entry idref="H0FA6D6A34A9343178F357D0F26908A7D" level="section">
Sec. 6. Unified Federal review.
</toc-entry>
<toc-entry idref="H272B7356400A4F238AABEE8E96340DE6" level="section">
Sec. 7. Simplified procedures.
</toc-entry>
<toc-entry idref="H6EB2DA9D79134996895FED1D2654FCA3" level="section">
Sec. 8. Essential assistance.
</toc-entry>
<toc-entry idref="HB0A362BD91BE47828570F8E5F06946DC" level="section">
Sec. 9. Individual assistance factors.
</toc-entry>
<toc-entry idref="H875BDDBD2B9E46CCBA60FC50D43ABDE8" level="section">
Sec. 10. Tribal requests for a major disaster or emergency declaration under the Stafford Act.
</toc-entry>
<toc-entry idref="H83A6C1AFC426477690F339A46F31312B" level="section">
Sec. 11. Recommendations for reducing costs of future disasters.
</toc-entry>
</toc>
</subsection>
</section>
<section id="HC20BF222B5854CB3BF0F1F567A4C9A56">
<enum>
2.
</enum>
<header>
Public assistance program alternative procedures
</header>
<text display-inline="no-display-inline">
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H6218FD4FB14F4375B63F682FB339F0AA">
<enum>
(1)
</enum>
<text>
by redesignating the second section 425 (relating to essential service providers) as section 427; and
</text>
</paragraph>
<paragraph id="H43F26FD2F42A4AB59813FBB7548F5BF5">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7BAF6562B17C4CE6B745EBC953A25BE0" style="OLC">
<section id="H0EA60F69BDF347208FE1FEE8272BB774">
<enum>
428.
</enum>
<header>
Public assistance program alternative procedures
</header>
<subsection id="H6E557644977341F085663E2E6E84F04F">
<enum>
(a)
</enum>
<header>
Approval of projects
</header>
<text>
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.
</text>
</subsection>
<subsection id="H427D30EAF71C415889B2E0C23C273ADF">
<enum>
(b)
</enum>
<header>
Adoption
</header>
<text>
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).
</text>
</subsection>
<subsection id="HF75C8457611C4657891927FD3D0EF47E">
<enum>
(c)
</enum>
<header>
Goals of procedures
</header>
<text>
The alternative procedures adopted under subsection (a) shall further the goals of—
</text>
<paragraph id="H2F0F2C23A3EE45B5B604BAC4B908C414">
<enum>
(1)
</enum>
<text>
reducing the costs to the Federal Government of providing such assistance;
</text>
</paragraph>
<paragraph id="H98FEA90451F349BFB58576ABE66B8F08">
<enum>
(2)
</enum>
<text>
increasing flexibility in the administration of such assistance;
</text>
</paragraph>
<paragraph id="H6F63025BAA6A406284A2D2A4975E9F14">
<enum>
(3)
</enum>
<text>
expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and
</text>
</paragraph>
<paragraph id="H4298BE1C72294962ABBD3D66344FBF4B">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H37D808036C7741FBA6023726EF416881">
<enum>
(d)
</enum>
<header>
Participation
</header>
<text>
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.
</text>
</subsection>
<subsection id="H4B3F4C63F0BB491FA00CC3CCA17FBD93">
<enum>
(e)
</enum>
<header>
Minimum procedures
</header>
<text display-inline="yes-display-inline">
The alternative procedures adopted under this section shall include the following:
</text>
<paragraph id="HEABB0699EFDA4FD79F4108CBC2E98076">
<enum>
(1)
</enum>
<text>
For repair, restoration, and replacement of damaged facilities under section 406—
</text>
<subparagraph id="HE56E65F2165A4C30929119549938EFF9">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HC345550928374FE38FFF5938EDCD3E53">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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—
</text>
<clause id="H416CBE7FCC89497AAEDE434395B9D158">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="H85D4D59BC29B4C46A31C120AF29E02DA">
<enum>
(ii)
</enum>
<text>
management expenses;
</text>
</clause>
</subparagraph>
<subparagraph id="H968C9FFDDF9E4A59B5A07A3451C3FB4E">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HA987909B21C54055BCD81297E555FF05">
<enum>
(D)
</enum>
<text>
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—
</text>
<clause id="H98AD9D00C87F4702B0982841AFD8A7BF">
<enum>
(i)
</enum>
<text>
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
</text>
</clause>
<clause id="H8C1AF9F8039640C4B499A20C0BD1896D">
<enum>
(ii)
</enum>
<text>
other activities to improve future Public Assistance operations or planning;
</text>
</clause>
</subparagraph>
<subparagraph id="HFD0B9F7CD01441558FD47D82E40A1E4B">
<enum>
(E)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H96582F69037D43A4B9D9C3B1118F13FA">
<enum>
(F)
</enum>
<text>
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.
</text>
</subparagraph>
</paragraph>
<paragraph id="H47A875E595BF4019A25B5AFC9C8B739D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
</text>
<subparagraph id="HFA81F94F35F640169DE5E4EA44436439">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HD7D2E7DBF43642EB8F2DB8ED84705DDC">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HE64F12BA0A1045DCA4BFA39F16D2B1AD">
<enum>
(C)
</enum>
<text>
allowing use of program income from recycled debris without offset to the grant amount;
</text>
</subparagraph>
<subparagraph id="H76F29470FC9B4E6DA20E57698ACD3EA8">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
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;
</text>
</subparagraph>
<subparagraph id="H887FC5B13377413AA4C7073E432CBEA1">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="HE5BCE6ADAD1E43AC9DBF2ECB3F80DC9F">
<enum>
(F)
</enum>
<text>
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—
</text>
<clause id="H494D0990E7414DD9889BECEC5412ED9F">
<enum>
(i)
</enum>
<text>
debris management planning;
</text>
</clause>
<clause id="HABAB8FE077444AECB29D2E7FE775B053">
<enum>
(ii)
</enum>
<text>
acquisition of debris management equipment for current or future use; and
</text>
</clause>
<clause id="HFAA1E7F67E784A64A805F6EA9F0B18F5">
<enum>
(iii)
</enum>
<text>
other activities to improve future debris removal operations, as determined by the Administrator.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB641D74DF78E4D838F3863D209143561">
<enum>
(f)
</enum>
<header>
Waiver authority
</header>
<text display-inline="yes-display-inline">
Until such time as the Administrator promulgates regulations to implement this section, the Administrator may—
</text>
<paragraph id="H9D73CAD7971C442EA74165974845EC6D">
<enum>
(1)
</enum>
<text>
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
</text>
</paragraph>
<paragraph id="H4082781FD7CE4668B364C3D68136AD95">
<enum>
(2)
</enum>
<text>
carry out the alternative procedures under this section as a pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HA7A11E5D4B5B4889A63DBF1D089DC345">
<enum>
(g)
</enum>
<header>
Overtime payments
</header>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H0F8F25624B084A798FE4C52796A10221">
<enum>
(h)
</enum>
<header>
Report
</header>
<paragraph id="H8EA9A2921D3143E69CB47BA0DF9D7AF9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HD34667246C0B489DB9ED47D87F6BB630">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report shall contain an assessment of the effectiveness of the alternative procedures, including—
</text>
<subparagraph id="H1D6E695A7E874FC3A97789EB5E710A0F">
<enum>
(A)
</enum>
<text>
whether the alternative procedures helped to improve the general speed of disaster recovery;
</text>
</subparagraph>
<subparagraph id="H8E2D3E5760F14DE4947667621D4D02B1">
<enum>
(B)
</enum>
<text>
the accuracy of the estimates relied upon;
</text>
</subparagraph>
<subparagraph id="HF59047B1F9964E2789C7F6EAF92AD445">
<enum>
(C)
</enum>
<text>
whether the financial incentives and disincentives were effective;
</text>
</subparagraph>
<subparagraph id="HD42B7F657889499080DA4AC335FA96DB">
<enum>
(D)
</enum>
<text>
whether the alternative procedures were cost effective;
</text>
</subparagraph>
<subparagraph id="H48A0F81EECDE4704976F448FB5AFB367">
<enum>
(E)
</enum>
<text>
whether the independent expert panel described in subsection (e)(1)(E) was effective; and
</text>
</subparagraph>
<subparagraph id="H59C1B94438C94422857283FE9226479A">
<enum>
(F)
</enum>
<text>
recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H053431A38D0D4CF6A57B7BB4D1EA222F">
<enum>
3.
</enum>
<header>
Federal assistance to individuals and households
</header>
<text display-inline="no-display-inline">
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(c)(1)(B)
</external-xref>
) is amended—
</text>
<paragraph id="H57E9CC0A3F2C49A3BAEFFC9D93E5F8AC">
<enum>
(1)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
</text>
</paragraph>
<paragraph id="HA938CC1931E440019ED0948A1A82625E">
<enum>
(2)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="HFCD1AA5EBBEE463E9B75E23A4B005C65" style="OLC">
<clause id="H417685A0E9324EB1848DF7DC5911BD23">
<enum>
(ii)
</enum>
<header>
Lease and repair of rental units for temporary housing
</header>
<subclause id="HCA6B21B7F31040299C010804A0D5B966">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
</text>
<item id="H1985AFDA7712415DBB18EEF7360F7982">
<enum>
(aa)
</enum>
<text>
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
</text>
</item>
<item id="H170042731A03417C8BCCD6B65312C662">
<enum>
(bb)
</enum>
<text>
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
</text>
</item>
</subclause>
<subclause id="HD13A2E9840EE41D4821C42A7C03F50CC">
<enum>
(II)
</enum>
<header>
Improvements or repairs
</header>
<text>
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs—
</text>
<item id="H96F4AFEC91754F5DB2E668E654433A6D">
<enum>
(aa)
</enum>
<text>
shall be deducted from the value of the lease agreement; and
</text>
</item>
<item id="H77C24B2BE581496185F49541E92F9D47">
<enum>
(bb)
</enum>
<text>
may not exceed the value of the lease agreement.
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDFAE47BB63034690BEACC199372D4794">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in clause (iv) (as so redesignated) by striking
<quote>
clause (ii)
</quote>
and inserting
<quote>
clause (iii)
</quote>
.
</text>
</paragraph>
</section>
<section id="HD70AC76C147D479DB2D59D11ADD543AA">
<enum>
4.
</enum>
<header>
Hazard mitigation
</header>
<subsection id="H35EF4378D60F47FCB6508670DF824493">
<enum>
(a)
</enum>
<header>
Streamlined procedures; advance assistance
</header>
<text>
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H7BCAB37AD0484B72ABDECB174E06B682" style="OLC">
<subsection id="HEE876FAD8E1D4AD89BC46CC576EF5308">
<enum>
(d)
</enum>
<header>
Streamlined procedures
</header>
<paragraph id="H13653191EBED46E58151E63E805404BA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
For the purpose of providing assistance under this section, the President shall ensure that—
</text>
<subparagraph id="H71BD6D760E444508B7BB54B6A34A7C64">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="HE5B656140F904DD0854DB3691EEBC44B">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE7006CEA23E74279B15B577747750A76">
<enum>
(2)
</enum>
<header>
Authority for other expedited procedures
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="HA3448FE957BB4AADBF5E073B8E4487EB">
<enum>
(e)
</enum>
<header>
Advance assistance
</header>
<text>
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.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HC818208C20D04C4A8816C506C65F9B20">
<enum>
(b)
</enum>
<header>
Establishment of criteria relating to administration of hazard mitigation assistance by states
</header>
<text>
Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c(c)(2)
</external-xref>
) is amended by inserting after
<quote>
applications submitted under paragraph (1).
</quote>
the following:
<quote>
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.
</quote>
.
</text>
</subsection>
<subsection id="H6658EA0BB1CE419F9360DE5B4FE29307">
<enum>
(c)
</enum>
<header>
Applicability
</header>
<text>
The authority under the amendments made by this section shall apply to—
</text>
<paragraph id="H166A5BBF678943A69EFDD3406429E635">
<enum>
(1)
</enum>
<text>
any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) on or after the date of enactment of this Act; and
</text>
</paragraph>
<paragraph id="HAF0FCECD211E4AA18C5A2A2966EEE44A">
<enum>
(2)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
<section id="H2590E6EC9C004734859E54D4D2F6C5C9">
<enum>
5.
</enum>
<header>
Dispute resolution pilot program
</header>
<subsection id="H4B6857FA1C9046D69568A19EEEC7FA78">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section, the following definitions apply:
</text>
<paragraph id="HBD83354636D74DB9AC35013385C383A9">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<quote>
Administrator
</quote>
means the Administrator of the Federal emergency Management Agency.
</text>
</paragraph>
<paragraph id="H7A8D05975E1F42EB816349B9156CD071">
<enum>
(2)
</enum>
<header>
Eligible assistance
</header>
<text>
The term
<quote>
eligible assistance
</quote>
means assistance—
</text>
<subparagraph id="H3E072843BE5A410893B85EAFEC446031">
<enum>
(A)
</enum>
<text>
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
, 5172, 5173);
</text>
</subparagraph>
<subparagraph id="HDDBAF448107140FB85EE14A3F8B0FBCE">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H5C8D00EB902544D39D2F4A6FCA195D96">
<enum>
(C)
</enum>
<text>
for which the applicant has a non-Federal share; and
</text>
</subparagraph>
<subparagraph id="H72D52E35CB82496F9E333E234BC48594">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
for which the applicant has received a decision on a first appeal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFDAC2D0333164239811AF9ED97558D6E">
<enum>
(b)
</enum>
<header>
Procedures
</header>
<paragraph id="HFF64CC7E6EF8442D859B6F19AFBFD262">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HC10E7043F17C41F6AA7F4BB00850D01A">
<enum>
(2)
</enum>
<header>
Binding effect
</header>
<text>
A decision by an independent review panel under this section shall be binding upon the parties to the dispute.
</text>
</paragraph>
<paragraph id="H1F64EFE41A59406FB50EA9DEBFFEC991">
<enum>
(3)
</enum>
<header>
Considerations
</header>
<text>
The procedures established under this section shall—
</text>
<subparagraph id="HECACE7F9169A48679E64A7E2AF8CC812">
<enum>
(A)
</enum>
<text>
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
</text>
</subparagraph>
<subparagraph id="H08182404F0A142FE843EFA5E2C48342C">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H22FB5ED170294F0CB1D675A731A6D757">
<enum>
(C)
</enum>
<text>
require that the sponsor of an independent review panel for any alternative dispute resolution under this section be—
</text>
<clause id="H63A61746FDF34E22A5CA71F4776072B8">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="H6AA3A850367140EB932C05469D0E5613">
<enum>
(ii)
</enum>
<text>
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;
</text>
</clause>
</subparagraph>
<subparagraph id="HC276919E64E9494CA88A6C06BB535D14">
<enum>
(D)
</enum>
<text>
require an independent review panel to—
</text>
<clause id="HD0E39F856E4B4B08907A9CE048D9BB76">
<enum>
(i)
</enum>
<text>
resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance;
</text>
</clause>
<clause id="HEF442E231A434B158A88C49BB146796A">
<enum>
(ii)
</enum>
<text>
consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;
</text>
</clause>
<clause id="H5AE6F8BE721341C6B2FC6A731CEF8F57">
<enum>
(iii)
</enum>
<text>
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
</text>
</clause>
<clause id="H5139E675424D41F2958C78C4938B823A">
<enum>
(iv)
</enum>
<text>
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;
</text>
</clause>
</subparagraph>
<subparagraph id="HA12C2C717D1E4865A109BF1C2FF15B5F">
<enum>
(E)
</enum>
<text>
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and
</text>
</subparagraph>
<subparagraph id="H5963EED5DF374058B75F1995924C683F">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H30A72C14668546CABB215CAB6A400159">
<enum>
(c)
</enum>
<header>
Sunset
</header>
<text>
A request for review by an independent review panel under this section may not be made after December 31, 2015.
</text>
</subsection>
<subsection id="HAB75CC4B5CCC4228BADB06640C9019C9">
<enum>
(d)
</enum>
<header>
Report
</header>
<paragraph id="H5187E98DDCC14CE697A7D61B252E665D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HAB72EED647F7433D95A3BBA8D7977DC6">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report submitted under paragraph (1) shall include—
</text>
<subparagraph id="H6F8ABF1B0A1A4E1F9E4BEE4C37B1AAE9">
<enum>
(A)
</enum>
<text>
a determination of the availability of data required to complete the report;
</text>
</subparagraph>
<subparagraph id="HC01E3AC8C1DB4545AEBCF0F97099B1D1">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HC39693651DD74DDB86C57A1D6C900D79">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H5D4A09FDCA244B0CB8FF390CF82DE466">
<enum>
(D)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H9571131A3DB74102B9F96F908E3412C2">
<enum>
(E)
</enum>
<text>
a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and
</text>
</subparagraph>
<subparagraph id="HEBDC2C02C87449E1A572A199ADA67F73">
<enum>
(F)
</enum>
<text>
recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H0FA6D6A34A9343178F357D0F26908A7D">
<enum>
6.
</enum>
<header>
Unified Federal review
</header>
<text display-inline="no-display-inline">
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:
</text>
<quoted-block id="HC4071BDDDF8148AFAB5655319CFCD3BE" style="OLC">
<section id="H80B614AA6FB44639801B5EF66BA528E4">
<enum>
429.
</enum>
<header>
Unified Federal review
</header>
<subsection id="HB669D002F3CD4680930A51B5FF2842C3">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H8C14C010FEEA41BFA54EFE1146E71C48">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
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.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H272B7356400A4F238AABEE8E96340DE6">
<enum>
7.
</enum>
<header>
Simplified procedures
</header>
<text display-inline="no-display-inline">
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5189">
42 U.S.C. 5189
</external-xref>
) is amended—
</text>
<paragraph id="H3F4BD5081C9F4A648E1E2B4D135D7AFF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
If the Federal estimate
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—If the Federal estimate
</quote>
;
</text>
</paragraph>
<paragraph id="H69F7748596E24B2ABA37E59F715DEEF0">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))
</quote>
after
<quote>
$35,000
</quote>
the first place it appears;
</text>
</paragraph>
<paragraph id="HB6E390AA27CC4B09817495EE7E6C1A4E">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or, if applicable, the amount established under subsection (b),
</quote>
after
<quote>
$35,000 amount
</quote>
the second place it appears; and
</text>
</paragraph>
<paragraph id="H8DC1935A9C75472C97A17C73AF877B50">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H9BBB73A0840346E2A28F2AC9E3B0B10C" style="OLC">
<subsection id="H73807113A5A64A6295E542899F721EBD">
<enum>
(b)
</enum>
<header>
Threshold
</header>
<paragraph id="H20FEF43C52B442119658C593DFFD926F">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
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
<quote>
Administrator
</quote>
), shall—
</text>
<subparagraph id="H03FA96A8A1964E1FBEC0C0A6F92FFE96">
<enum>
(A)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H0063AC6315BA4A3DAA48D540DC5DAD16">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</subparagraph>
</paragraph>
<paragraph id="HB797D87660174A518AA801572EC571ED">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
</text>
<subparagraph id="HCEA9D10DE03542AB9E12B8F58F5F5D17">
<enum>
(A)
</enum>
<text>
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code; and
</text>
</subparagraph>
<subparagraph id="HBCB63948C8574036BCDA7F2B6CADE671">
<enum>
(B)
</enum>
<text>
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
</text>
</subparagraph>
</paragraph>
<paragraph id="H81DE0E1F1EE64786998E3E8C964D1A9B">
<enum>
(3)
</enum>
<header>
Review
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6EB2DA9D79134996895FED1D2654FCA3">
<enum>
8.
</enum>
<header>
Essential assistance
</header>
<subsection id="H0CBC2369DD0243EBB069DECB2CE6C3EA">
<enum>
(a)
</enum>
<header>
Other needs assistance
</header>
<text>
Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(e)(1)
</external-xref>
) is amended—
</text>
<paragraph id="HC779B87C77B3446E8ACDDC0578C20746">
<enum>
(1)
</enum>
<text>
in the paragraph heading by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
child care,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
dental,
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H8751B3185F3A4C86A3023BC939AB82FB">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
child care,
</quote>
after
<quote>
dental,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H777C6F130CEF4339B3C34C4178ED6791">
<enum>
(b)
</enum>
<header>
Salaries and benefits
</header>
<text>
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HB8E7ADE64B7D4A318DAF4D6C06467E50" style="OLC">
<subsection display-inline="no-display-inline" id="H0B59BD921C3B48F69B04143B4CCC955D">
<enum>
(d)
</enum>
<header>
Salaries and benefits
</header>
<paragraph id="HFB34CF3F35564B379F6198E0A91D7555">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H2F81107EE42A4B64A9BA019E180C25CF">
<enum>
(A)
</enum>
<text>
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
</text>
<clause id="HD33B0C2836214CD0A796B01DE0AA902C">
<enum>
(i)
</enum>
<text>
the work is not typically performed by the employees; and
</text>
</clause>
<clause id="H675153EEE4A5459CB4D687EDE6834804">
<enum>
(ii)
</enum>
<text>
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or
</text>
</clause>
</subparagraph>
<subparagraph id="H1BE3B104215E4672AEF530B9D3F50E53">
<enum>
(B)
</enum>
<text>
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8DD623D424EC4AAD8F2FC779455FE0CA">
<enum>
(2)
</enum>
<header>
Overtime
</header>
<text>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H74C1B53C69F14CE7A9219A1F7A29BA2C">
<enum>
(3)
</enum>
<header>
No effect on mutual aid pacts
</header>
<text>
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HB0A362BD91BE47828570F8E5F06946DC">
<enum>
9.
</enum>
<header>
Individual assistance factors
</header>
<text display-inline="no-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), 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
<external-xref legal-doc="regulation" parsable-cite="cfr/44/206.48">
section 206.48
</external-xref>
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.
</text>
</section>
<section id="H875BDDBD2B9E46CCBA60FC50D43ABDE8">
<enum>
10.
</enum>
<header>
Tribal requests for a major disaster or emergency declaration under the Stafford Act
</header>
<subsection id="H357AA08B9E694D11BC925C543D30B899">
<enum>
(a)
</enum>
<header>
Major disaster requests
</header>
<text>
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170
</external-xref>
) is amended—
</text>
<paragraph id="HFE63EDCC569F4CAF8761113ED884299D">
<enum>
(1)
</enum>
<text>
by striking
<quote>
All requests for a declaration
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general.—
</header-in-text>
All requests for a declaration
</quote>
; and
</text>
</paragraph>
<paragraph id="HA6143C8A7CAA404990A75EF060AFC2CD">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD61CB14F1A5F4A9B89153D342E728987" style="OLC">
<subsection id="H5B0A03916E6D44F3B55B17F5EA52DD24">
<enum>
(b)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H2AEBEF18782C46ECBA2EA4C82D321AC5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H55C4675523F64EF3915298C72C38E02D">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H2A146653CC1D4D3D8E72A78E5B270015">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H6A883DDED8DC483BBF9B78367D380110">
<enum>
(c)
</enum>
<header>
Cost share adjustments for Indian tribal governments
</header>
<paragraph id="HB0BDFCA85D6E472997A558A5279DBDE4">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H08385503D5D1493CBB4483FDE69EAAD0">
<enum>
(A)
</enum>
<text>
the President has the authority to waive or adjust the payment under another provision of this title; and
</text>
</subparagraph>
<subparagraph id="H0444274B2A5548FDAE44AFD7B0951339">
<enum>
(B)
</enum>
<text>
the President determines that the waiver or adjustment is necessary and appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA3ADFE97F96459085E26944570AC635">
<enum>
(2)
</enum>
<header>
Criteria for making determinations
</header>
<text>
The President shall establish criteria for making determinations under paragraph (1)(B).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H09722199B255494A8C6E6229991E78A6">
<enum>
(b)
</enum>
<header>
Emergency requests
</header>
<text>
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5191">
42 U.S.C. 5191
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HCC42CDAF5C914C5BB29E63902C20ADD3" style="OLC">
<subsection id="H9A7B42D7A9604120AD8541637CA7A5C0">
<enum>
(c)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="HA7BE4EE4930B4CA99416157768A273AB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H05A2B3A7596043C9AA1A172382BCA259">
<enum>
(2)
</enum>
<header>
References
</header>
<text display-inline="yes-display-inline">
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.
</text>
</paragraph>
<paragraph id="H50F817033AC444138239B61E2F7447D6">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HCFB3623B705946CF8DD4682A4851A790">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
) is amended—
</text>
<paragraph id="H19695213A6A44549B51D33A3C2EFA020">
<enum>
(1)
</enum>
<text>
in paragraph (7)(B) by striking
<quote>
; and
</quote>
and inserting
<quote>
, that is not an Indian tribal government as defined in paragraph (6); and
</quote>
;
</text>
</paragraph>
<paragraph id="HE6B72F00F4D84706A1457A8C76E2A3EE">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
</text>
</paragraph>
<paragraph id="H9A0EA26FBE7B4412AE4C609C73778A5A">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block id="HCC9F25988F6E4453B80DFF5952EE31AF" style="OLC">
<paragraph id="H8F671ECE63C5482A85620755FE08844D">
<enum>
(6)
</enum>
<header>
Indian tribal government
</header>
<text>
The term
<quote>
Indian tribal government
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/25/479a">
25 U.S.C. 479a et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4F295F2FB68D4EE6837CD30168D0A768">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H063BB0AF8D22462FB0B6439926D14469" style="OLC">
<paragraph id="H2971C63FDF3B43C3948566DD583655CF">
<enum>
(12)
</enum>
<header>
Chief executive
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Chief Executive
</quote>
means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HC06E28724FC44CA3BA9356010E1ED10A">
<enum>
(d)
</enum>
<header>
References
</header>
<text>
Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended by adding after section 102 the following:
</text>
<quoted-block id="HC6C416BE03154DDFA467A8EE4E274A15" style="OLC">
<section id="H6292CAD30A72438B95B49906C3C2D445">
<enum>
103.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, any reference in this Act to
<quote>
State and local
</quote>
,
<quote>
State or local
</quote>
,
<quote>
State, and local
</quote>
,
<quote>
State, or local
</quote>
, or
<quote>
State, local
</quote>
(including plurals) with respect to governments or officials and any reference to a
<quote>
local government
</quote>
in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H1239DC0EACCE4A34B6EEFE4408ED0518">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<paragraph id="H67143933B89A420C880DC24EFB39E861">
<enum>
(1)
</enum>
<header>
Issuance
</header>
<text>
The President shall issue regulations to carry out the amendments made by this section.
</text>
</paragraph>
<paragraph id="H09FB9F57C36B4A018D1C65587B35ACE8">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
</text>
</paragraph>
</subsection>
</section>
<section id="H83A6C1AFC426477690F339A46F31312B">
<enum>
11.
</enum>
<header>
Recommendations for reducing costs of future disasters
</header>
<subsection id="H6F468793B95E4166B65B3DC3CBBADD60">
<enum>
(a)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H649983B0227045BCBEAC0FA6138020F5">
<enum>
(b)
</enum>
<header>
National strategy
</header>
<text display-inline="yes-display-inline">
The national strategy should—
</text>
<paragraph id="H0E8F70D58C254C278A7BE0CE11E76C53">
<enum>
(1)
</enum>
<text>
respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
</text>
</paragraph>
<paragraph id="HE1F31AAF1D844175B249AF49C5701C2D">
<enum>
(2)
</enum>
<text>
consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
</text>
</paragraph>
<paragraph id="H668B6657F71B462A89319576CB8769D2">
<enum>
(3)
</enum>
<text>
analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
</text>
</paragraph>
<paragraph id="HBA7BA217F935417F9DDB2137A45E8529">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130114">
Passed the House of Representatives January 14, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 219 IN THE HOUSE OF REPRESENTATIVES AN ACT To improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
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. 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: 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. . 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) . 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. 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. 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: 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. . 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. . 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. . 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. 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: 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. 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. Karen L. Haas, Clerk. |
113-hr-219-rds-dtd | 113-hr-219 | 113 | hr | 219 | rds | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr219rds.xml | BILLS-113hr219rds.xml | 2023-01-08 17:42:36.226 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Received-in-Senate" bill-type="olc" dms-id="HB462213EB250411A962F031F1E5E102F" key="H" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 219 : Sandy Recovery Improvement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-22
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
II
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 219
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED STATES
</current-chamber>
<action>
<action-date date="20130122" legis-day="20130103">
January 22 (legislative day, January 3), 2013
</action-date>
<action-desc>
Received
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
</official-title>
</form>
<legis-body id="H11A9924919114CF0940273C58C6EE885" style="OLC">
<section id="H6160DB5E516A4DF9A3F857943751EA39" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="HAF5D2B50E48D472E892ED4E55F1227EF">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This Act may be cited as the
<quote>
<short-title>
Sandy Recovery Improvement Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H164FAEE47FD648CBB2468E89F6B9AC00">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H6160DB5E516A4DF9A3F857943751EA39" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="HC20BF222B5854CB3BF0F1F567A4C9A56" level="section">
Sec. 2. Public assistance program alternative procedures.
</toc-entry>
<toc-entry idref="H053431A38D0D4CF6A57B7BB4D1EA222F" level="section">
Sec. 3. Federal assistance to individuals and households.
</toc-entry>
<toc-entry idref="HD70AC76C147D479DB2D59D11ADD543AA" level="section">
Sec. 4. Hazard mitigation.
</toc-entry>
<toc-entry idref="H2590E6EC9C004734859E54D4D2F6C5C9" level="section">
Sec. 5. Dispute resolution pilot program.
</toc-entry>
<toc-entry idref="H0FA6D6A34A9343178F357D0F26908A7D" level="section">
Sec. 6. Unified Federal review.
</toc-entry>
<toc-entry idref="H272B7356400A4F238AABEE8E96340DE6" level="section">
Sec. 7. Simplified procedures.
</toc-entry>
<toc-entry idref="H6EB2DA9D79134996895FED1D2654FCA3" level="section">
Sec. 8. Essential assistance.
</toc-entry>
<toc-entry idref="HB0A362BD91BE47828570F8E5F06946DC" level="section">
Sec. 9. Individual assistance factors.
</toc-entry>
<toc-entry idref="H875BDDBD2B9E46CCBA60FC50D43ABDE8" level="section">
Sec. 10. Tribal requests for a major disaster or emergency declaration under the Stafford Act.
</toc-entry>
<toc-entry idref="H83A6C1AFC426477690F339A46F31312B" level="section">
Sec. 11. Recommendations for reducing costs of future disasters.
</toc-entry>
</toc>
</subsection>
</section>
<section id="HC20BF222B5854CB3BF0F1F567A4C9A56">
<enum>
2.
</enum>
<header>
Public assistance program alternative procedures
</header>
<text display-inline="no-display-inline">
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H6218FD4FB14F4375B63F682FB339F0AA">
<enum>
(1)
</enum>
<text>
by redesignating the second section 425 (relating to essential service providers) as section 427; and
</text>
</paragraph>
<paragraph id="H43F26FD2F42A4AB59813FBB7548F5BF5">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7BAF6562B17C4CE6B745EBC953A25BE0" style="OLC">
<section id="H0EA60F69BDF347208FE1FEE8272BB774">
<enum>
428.
</enum>
<header>
Public assistance program alternative procedures
</header>
<subsection id="H6E557644977341F085663E2E6E84F04F">
<enum>
(a)
</enum>
<header>
Approval of projects
</header>
<text>
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.
</text>
</subsection>
<subsection id="H427D30EAF71C415889B2E0C23C273ADF">
<enum>
(b)
</enum>
<header>
Adoption
</header>
<text>
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).
</text>
</subsection>
<subsection id="HF75C8457611C4657891927FD3D0EF47E">
<enum>
(c)
</enum>
<header>
Goals of procedures
</header>
<text>
The alternative procedures adopted under subsection (a) shall further the goals of—
</text>
<paragraph id="H2F0F2C23A3EE45B5B604BAC4B908C414">
<enum>
(1)
</enum>
<text>
reducing the costs to the Federal Government of providing such assistance;
</text>
</paragraph>
<paragraph id="H98FEA90451F349BFB58576ABE66B8F08">
<enum>
(2)
</enum>
<text>
increasing flexibility in the administration of such assistance;
</text>
</paragraph>
<paragraph id="H6F63025BAA6A406284A2D2A4975E9F14">
<enum>
(3)
</enum>
<text>
expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and
</text>
</paragraph>
<paragraph id="H4298BE1C72294962ABBD3D66344FBF4B">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H37D808036C7741FBA6023726EF416881">
<enum>
(d)
</enum>
<header>
Participation
</header>
<text>
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.
</text>
</subsection>
<subsection id="H4B3F4C63F0BB491FA00CC3CCA17FBD93">
<enum>
(e)
</enum>
<header>
Minimum procedures
</header>
<text display-inline="yes-display-inline">
The alternative procedures adopted under this section shall include the following:
</text>
<paragraph id="HEABB0699EFDA4FD79F4108CBC2E98076">
<enum>
(1)
</enum>
<text>
For repair, restoration, and replacement of damaged facilities under section 406—
</text>
<subparagraph id="HE56E65F2165A4C30929119549938EFF9">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HC345550928374FE38FFF5938EDCD3E53">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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—
</text>
<clause id="H416CBE7FCC89497AAEDE434395B9D158">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="H85D4D59BC29B4C46A31C120AF29E02DA">
<enum>
(ii)
</enum>
<text>
management expenses;
</text>
</clause>
</subparagraph>
<subparagraph id="H968C9FFDDF9E4A59B5A07A3451C3FB4E">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HA987909B21C54055BCD81297E555FF05">
<enum>
(D)
</enum>
<text>
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—
</text>
<clause id="H98AD9D00C87F4702B0982841AFD8A7BF">
<enum>
(i)
</enum>
<text>
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
</text>
</clause>
<clause id="H8C1AF9F8039640C4B499A20C0BD1896D">
<enum>
(ii)
</enum>
<text>
other activities to improve future Public Assistance operations or planning;
</text>
</clause>
</subparagraph>
<subparagraph id="HFD0B9F7CD01441558FD47D82E40A1E4B">
<enum>
(E)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H96582F69037D43A4B9D9C3B1118F13FA">
<enum>
(F)
</enum>
<text>
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.
</text>
</subparagraph>
</paragraph>
<paragraph id="H47A875E595BF4019A25B5AFC9C8B739D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
</text>
<subparagraph id="HFA81F94F35F640169DE5E4EA44436439">
<enum>
(A)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HD7D2E7DBF43642EB8F2DB8ED84705DDC">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HE64F12BA0A1045DCA4BFA39F16D2B1AD">
<enum>
(C)
</enum>
<text>
allowing use of program income from recycled debris without offset to the grant amount;
</text>
</subparagraph>
<subparagraph id="H76F29470FC9B4E6DA20E57698ACD3EA8">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
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;
</text>
</subparagraph>
<subparagraph id="H887FC5B13377413AA4C7073E432CBEA1">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="HE5BCE6ADAD1E43AC9DBF2ECB3F80DC9F">
<enum>
(F)
</enum>
<text>
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—
</text>
<clause id="H494D0990E7414DD9889BECEC5412ED9F">
<enum>
(i)
</enum>
<text>
debris management planning;
</text>
</clause>
<clause id="HABAB8FE077444AECB29D2E7FE775B053">
<enum>
(ii)
</enum>
<text>
acquisition of debris management equipment for current or future use; and
</text>
</clause>
<clause id="HFAA1E7F67E784A64A805F6EA9F0B18F5">
<enum>
(iii)
</enum>
<text>
other activities to improve future debris removal operations, as determined by the Administrator.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB641D74DF78E4D838F3863D209143561">
<enum>
(f)
</enum>
<header>
Waiver authority
</header>
<text display-inline="yes-display-inline">
Until such time as the Administrator promulgates regulations to implement this section, the Administrator may—
</text>
<paragraph id="H9D73CAD7971C442EA74165974845EC6D">
<enum>
(1)
</enum>
<text>
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
</text>
</paragraph>
<paragraph id="H4082781FD7CE4668B364C3D68136AD95">
<enum>
(2)
</enum>
<text>
carry out the alternative procedures under this section as a pilot program.
</text>
</paragraph>
</subsection>
<subsection id="HA7A11E5D4B5B4889A63DBF1D089DC345">
<enum>
(g)
</enum>
<header>
Overtime payments
</header>
<text display-inline="yes-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H0F8F25624B084A798FE4C52796A10221">
<enum>
(h)
</enum>
<header>
Report
</header>
<paragraph id="H8EA9A2921D3143E69CB47BA0DF9D7AF9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HD34667246C0B489DB9ED47D87F6BB630">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report shall contain an assessment of the effectiveness of the alternative procedures, including—
</text>
<subparagraph id="H1D6E695A7E874FC3A97789EB5E710A0F">
<enum>
(A)
</enum>
<text>
whether the alternative procedures helped to improve the general speed of disaster recovery;
</text>
</subparagraph>
<subparagraph id="H8E2D3E5760F14DE4947667621D4D02B1">
<enum>
(B)
</enum>
<text>
the accuracy of the estimates relied upon;
</text>
</subparagraph>
<subparagraph id="HF59047B1F9964E2789C7F6EAF92AD445">
<enum>
(C)
</enum>
<text>
whether the financial incentives and disincentives were effective;
</text>
</subparagraph>
<subparagraph id="HD42B7F657889499080DA4AC335FA96DB">
<enum>
(D)
</enum>
<text>
whether the alternative procedures were cost effective;
</text>
</subparagraph>
<subparagraph id="H48A0F81EECDE4704976F448FB5AFB367">
<enum>
(E)
</enum>
<text>
whether the independent expert panel described in subsection (e)(1)(E) was effective; and
</text>
</subparagraph>
<subparagraph id="H59C1B94438C94422857283FE9226479A">
<enum>
(F)
</enum>
<text>
recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H053431A38D0D4CF6A57B7BB4D1EA222F">
<enum>
3.
</enum>
<header>
Federal assistance to individuals and households
</header>
<text display-inline="no-display-inline">
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(c)(1)(B)
</external-xref>
) is amended—
</text>
<paragraph id="H57E9CC0A3F2C49A3BAEFFC9D93E5F8AC">
<enum>
(1)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
</text>
</paragraph>
<paragraph id="HA938CC1931E440019ED0948A1A82625E">
<enum>
(2)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="HFCD1AA5EBBEE463E9B75E23A4B005C65" style="OLC">
<clause id="H417685A0E9324EB1848DF7DC5911BD23">
<enum>
(ii)
</enum>
<header>
Lease and repair of rental units for temporary housing
</header>
<subclause id="HCA6B21B7F31040299C010804A0D5B966">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
</text>
<item id="H1985AFDA7712415DBB18EEF7360F7982">
<enum>
(aa)
</enum>
<text>
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
</text>
</item>
<item id="H170042731A03417C8BCCD6B65312C662">
<enum>
(bb)
</enum>
<text>
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
</text>
</item>
</subclause>
<subclause id="HD13A2E9840EE41D4821C42A7C03F50CC">
<enum>
(II)
</enum>
<header>
Improvements or repairs
</header>
<text>
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs—
</text>
<item id="H96F4AFEC91754F5DB2E668E654433A6D">
<enum>
(aa)
</enum>
<text>
shall be deducted from the value of the lease agreement; and
</text>
</item>
<item id="H77C24B2BE581496185F49541E92F9D47">
<enum>
(bb)
</enum>
<text>
may not exceed the value of the lease agreement.
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDFAE47BB63034690BEACC199372D4794">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in clause (iv) (as so redesignated) by striking
<quote>
clause (ii)
</quote>
and inserting
<quote>
clause (iii)
</quote>
.
</text>
</paragraph>
</section>
<section id="HD70AC76C147D479DB2D59D11ADD543AA">
<enum>
4.
</enum>
<header>
Hazard mitigation
</header>
<subsection id="H35EF4378D60F47FCB6508670DF824493">
<enum>
(a)
</enum>
<header>
Streamlined procedures; advance assistance
</header>
<text>
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H7BCAB37AD0484B72ABDECB174E06B682" style="OLC">
<subsection id="HEE876FAD8E1D4AD89BC46CC576EF5308">
<enum>
(d)
</enum>
<header>
Streamlined procedures
</header>
<paragraph id="H13653191EBED46E58151E63E805404BA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
For the purpose of providing assistance under this section, the President shall ensure that—
</text>
<subparagraph id="H71BD6D760E444508B7BB54B6A34A7C64">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
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
</text>
</subparagraph>
<subparagraph id="HE5B656140F904DD0854DB3691EEBC44B">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE7006CEA23E74279B15B577747750A76">
<enum>
(2)
</enum>
<header>
Authority for other expedited procedures
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="HA3448FE957BB4AADBF5E073B8E4487EB">
<enum>
(e)
</enum>
<header>
Advance assistance
</header>
<text>
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.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HC818208C20D04C4A8816C506C65F9B20">
<enum>
(b)
</enum>
<header>
Establishment of criteria relating to administration of hazard mitigation assistance by states
</header>
<text>
Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">
42 U.S.C. 5170c(c)(2)
</external-xref>
) is amended by inserting after
<quote>
applications submitted under paragraph (1).
</quote>
the following:
<quote>
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.
</quote>
.
</text>
</subsection>
<subsection id="H6658EA0BB1CE419F9360DE5B4FE29307">
<enum>
(c)
</enum>
<header>
Applicability
</header>
<text>
The authority under the amendments made by this section shall apply to—
</text>
<paragraph id="H166A5BBF678943A69EFDD3406429E635">
<enum>
(1)
</enum>
<text>
any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) on or after the date of enactment of this Act; and
</text>
</paragraph>
<paragraph id="HAF0FCECD211E4AA18C5A2A2966EEE44A">
<enum>
(2)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
<section id="H2590E6EC9C004734859E54D4D2F6C5C9">
<enum>
5.
</enum>
<header>
Dispute resolution pilot program
</header>
<subsection id="H4B6857FA1C9046D69568A19EEEC7FA78">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section, the following definitions apply:
</text>
<paragraph id="HBD83354636D74DB9AC35013385C383A9">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<quote>
Administrator
</quote>
means the Administrator of the Federal emergency Management Agency.
</text>
</paragraph>
<paragraph id="H7A8D05975E1F42EB816349B9156CD071">
<enum>
(2)
</enum>
<header>
Eligible assistance
</header>
<text>
The term
<quote>
eligible assistance
</quote>
means assistance—
</text>
<subparagraph id="H3E072843BE5A410893B85EAFEC446031">
<enum>
(A)
</enum>
<text>
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
, 5172, 5173);
</text>
</subparagraph>
<subparagraph id="HDDBAF448107140FB85EE14A3F8B0FBCE">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H5C8D00EB902544D39D2F4A6FCA195D96">
<enum>
(C)
</enum>
<text>
for which the applicant has a non-Federal share; and
</text>
</subparagraph>
<subparagraph id="H72D52E35CB82496F9E333E234BC48594">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
for which the applicant has received a decision on a first appeal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFDAC2D0333164239811AF9ED97558D6E">
<enum>
(b)
</enum>
<header>
Procedures
</header>
<paragraph id="HFF64CC7E6EF8442D859B6F19AFBFD262">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HC10E7043F17C41F6AA7F4BB00850D01A">
<enum>
(2)
</enum>
<header>
Binding effect
</header>
<text>
A decision by an independent review panel under this section shall be binding upon the parties to the dispute.
</text>
</paragraph>
<paragraph id="H1F64EFE41A59406FB50EA9DEBFFEC991">
<enum>
(3)
</enum>
<header>
Considerations
</header>
<text>
The procedures established under this section shall—
</text>
<subparagraph id="HECACE7F9169A48679E64A7E2AF8CC812">
<enum>
(A)
</enum>
<text>
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
</text>
</subparagraph>
<subparagraph id="H08182404F0A142FE843EFA5E2C48342C">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H22FB5ED170294F0CB1D675A731A6D757">
<enum>
(C)
</enum>
<text>
require that the sponsor of an independent review panel for any alternative dispute resolution under this section be—
</text>
<clause id="H63A61746FDF34E22A5CA71F4776072B8">
<enum>
(i)
</enum>
<text>
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
</text>
</clause>
<clause id="H6AA3A850367140EB932C05469D0E5613">
<enum>
(ii)
</enum>
<text>
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;
</text>
</clause>
</subparagraph>
<subparagraph id="HC276919E64E9494CA88A6C06BB535D14">
<enum>
(D)
</enum>
<text>
require an independent review panel to—
</text>
<clause id="HD0E39F856E4B4B08907A9CE048D9BB76">
<enum>
(i)
</enum>
<text>
resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance;
</text>
</clause>
<clause id="HEF442E231A434B158A88C49BB146796A">
<enum>
(ii)
</enum>
<text>
consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision;
</text>
</clause>
<clause id="H5AE6F8BE721341C6B2FC6A731CEF8F57">
<enum>
(iii)
</enum>
<text>
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
</text>
</clause>
<clause id="H5139E675424D41F2958C78C4938B823A">
<enum>
(iv)
</enum>
<text>
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;
</text>
</clause>
</subparagraph>
<subparagraph id="HA12C2C717D1E4865A109BF1C2FF15B5F">
<enum>
(E)
</enum>
<text>
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and
</text>
</subparagraph>
<subparagraph id="H5963EED5DF374058B75F1995924C683F">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
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.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H30A72C14668546CABB215CAB6A400159">
<enum>
(c)
</enum>
<header>
Sunset
</header>
<text>
A request for review by an independent review panel under this section may not be made after December 31, 2015.
</text>
</subsection>
<subsection id="HAB75CC4B5CCC4228BADB06640C9019C9">
<enum>
(d)
</enum>
<header>
Report
</header>
<paragraph id="H5187E98DDCC14CE697A7D61B252E665D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="HAB72EED647F7433D95A3BBA8D7977DC6">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
The report submitted under paragraph (1) shall include—
</text>
<subparagraph id="H6F8ABF1B0A1A4E1F9E4BEE4C37B1AAE9">
<enum>
(A)
</enum>
<text>
a determination of the availability of data required to complete the report;
</text>
</subparagraph>
<subparagraph id="HC01E3AC8C1DB4545AEBCF0F97099B1D1">
<enum>
(B)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="HC39693651DD74DDB86C57A1D6C900D79">
<enum>
(C)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H5D4A09FDCA244B0CB8FF390CF82DE466">
<enum>
(D)
</enum>
<text>
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;
</text>
</subparagraph>
<subparagraph id="H9571131A3DB74102B9F96F908E3412C2">
<enum>
(E)
</enum>
<text>
a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and
</text>
</subparagraph>
<subparagraph id="HEBDC2C02C87449E1A572A199ADA67F73">
<enum>
(F)
</enum>
<text>
recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H0FA6D6A34A9343178F357D0F26908A7D">
<enum>
6.
</enum>
<header>
Unified Federal review
</header>
<text display-inline="no-display-inline">
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:
</text>
<quoted-block id="HC4071BDDDF8148AFAB5655319CFCD3BE" style="OLC">
<section id="H80B614AA6FB44639801B5EF66BA528E4">
<enum>
429.
</enum>
<header>
Unified Federal review
</header>
<subsection id="HB669D002F3CD4680930A51B5FF2842C3">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H8C14C010FEEA41BFA54EFE1146E71C48">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
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.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H272B7356400A4F238AABEE8E96340DE6">
<enum>
7.
</enum>
<header>
Simplified procedures
</header>
<text display-inline="no-display-inline">
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5189">
42 U.S.C. 5189
</external-xref>
) is amended—
</text>
<paragraph id="H3F4BD5081C9F4A648E1E2B4D135D7AFF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
If the Federal estimate
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—If the Federal estimate
</quote>
;
</text>
</paragraph>
<paragraph id="H69F7748596E24B2ABA37E59F715DEEF0">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))
</quote>
after
<quote>
$35,000
</quote>
the first place it appears;
</text>
</paragraph>
<paragraph id="HB6E390AA27CC4B09817495EE7E6C1A4E">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or, if applicable, the amount established under subsection (b),
</quote>
after
<quote>
$35,000 amount
</quote>
the second place it appears; and
</text>
</paragraph>
<paragraph id="H8DC1935A9C75472C97A17C73AF877B50">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H9BBB73A0840346E2A28F2AC9E3B0B10C" style="OLC">
<subsection id="H73807113A5A64A6295E542899F721EBD">
<enum>
(b)
</enum>
<header>
Threshold
</header>
<paragraph id="H20FEF43C52B442119658C593DFFD926F">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
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
<quote>
Administrator
</quote>
), shall—
</text>
<subparagraph id="H03FA96A8A1964E1FBEC0C0A6F92FFE96">
<enum>
(A)
</enum>
<text>
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
</text>
</subparagraph>
<subparagraph id="H0063AC6315BA4A3DAA48D540DC5DAD16">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
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).
</text>
</subparagraph>
</paragraph>
<paragraph id="HB797D87660174A518AA801572EC571ED">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
</text>
<subparagraph id="HCEA9D10DE03542AB9E12B8F58F5F5D17">
<enum>
(A)
</enum>
<text>
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code; and
</text>
</subparagraph>
<subparagraph id="HBCB63948C8574036BCDA7F2B6CADE671">
<enum>
(B)
</enum>
<text>
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
</text>
</subparagraph>
</paragraph>
<paragraph id="H81DE0E1F1EE64786998E3E8C964D1A9B">
<enum>
(3)
</enum>
<header>
Review
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6EB2DA9D79134996895FED1D2654FCA3">
<enum>
8.
</enum>
<header>
Essential assistance
</header>
<subsection id="H0CBC2369DD0243EBB069DECB2CE6C3EA">
<enum>
(a)
</enum>
<header>
Other needs assistance
</header>
<text>
Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5174">
42 U.S.C. 5174(e)(1)
</external-xref>
) is amended—
</text>
<paragraph id="HC779B87C77B3446E8ACDDC0578C20746">
<enum>
(1)
</enum>
<text>
in the paragraph heading by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
child care,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
dental,
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H8751B3185F3A4C86A3023BC939AB82FB">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
child care,
</quote>
after
<quote>
dental,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H777C6F130CEF4339B3C34C4178ED6791">
<enum>
(b)
</enum>
<header>
Salaries and benefits
</header>
<text>
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170b">
42 U.S.C. 5170b
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HB8E7ADE64B7D4A318DAF4D6C06467E50" style="OLC">
<subsection display-inline="no-display-inline" id="H0B59BD921C3B48F69B04143B4CCC955D">
<enum>
(d)
</enum>
<header>
Salaries and benefits
</header>
<paragraph id="HFB34CF3F35564B379F6198E0A91D7555">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H2F81107EE42A4B64A9BA019E180C25CF">
<enum>
(A)
</enum>
<text>
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
</text>
<clause id="HD33B0C2836214CD0A796B01DE0AA902C">
<enum>
(i)
</enum>
<text>
the work is not typically performed by the employees; and
</text>
</clause>
<clause id="H675153EEE4A5459CB4D687EDE6834804">
<enum>
(ii)
</enum>
<text>
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or
</text>
</clause>
</subparagraph>
<subparagraph id="H1BE3B104215E4672AEF530B9D3F50E53">
<enum>
(B)
</enum>
<text>
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8DD623D424EC4AAD8F2FC779455FE0CA">
<enum>
(2)
</enum>
<header>
Overtime
</header>
<text>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H74C1B53C69F14CE7A9219A1F7A29BA2C">
<enum>
(3)
</enum>
<header>
No effect on mutual aid pacts
</header>
<text>
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HB0A362BD91BE47828570F8E5F06946DC">
<enum>
9.
</enum>
<header>
Individual assistance factors
</header>
<text display-inline="no-display-inline">
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 (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
), 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
<external-xref legal-doc="regulation" parsable-cite="cfr/44/206.48">
section 206.48
</external-xref>
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.
</text>
</section>
<section id="H875BDDBD2B9E46CCBA60FC50D43ABDE8">
<enum>
10.
</enum>
<header>
Tribal requests for a major disaster or emergency declaration under the Stafford Act
</header>
<subsection id="H357AA08B9E694D11BC925C543D30B899">
<enum>
(a)
</enum>
<header>
Major disaster requests
</header>
<text>
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5170">
42 U.S.C. 5170
</external-xref>
) is amended—
</text>
<paragraph id="HFE63EDCC569F4CAF8761113ED884299D">
<enum>
(1)
</enum>
<text>
by striking
<quote>
All requests for a declaration
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general.—
</header-in-text>
All requests for a declaration
</quote>
; and
</text>
</paragraph>
<paragraph id="HA6143C8A7CAA404990A75EF060AFC2CD">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD61CB14F1A5F4A9B89153D342E728987" style="OLC">
<subsection id="H5B0A03916E6D44F3B55B17F5EA52DD24">
<enum>
(b)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="H2AEBEF18782C46ECBA2EA4C82D321AC5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H55C4675523F64EF3915298C72C38E02D">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
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.
</text>
</paragraph>
<paragraph id="H2A146653CC1D4D3D8E72A78E5B270015">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<subsection id="H6A883DDED8DC483BBF9B78367D380110">
<enum>
(c)
</enum>
<header>
Cost share adjustments for Indian tribal governments
</header>
<paragraph id="HB0BDFCA85D6E472997A558A5279DBDE4">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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—
</text>
<subparagraph id="H08385503D5D1493CBB4483FDE69EAAD0">
<enum>
(A)
</enum>
<text>
the President has the authority to waive or adjust the payment under another provision of this title; and
</text>
</subparagraph>
<subparagraph id="H0444274B2A5548FDAE44AFD7B0951339">
<enum>
(B)
</enum>
<text>
the President determines that the waiver or adjustment is necessary and appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA3ADFE97F96459085E26944570AC635">
<enum>
(2)
</enum>
<header>
Criteria for making determinations
</header>
<text>
The President shall establish criteria for making determinations under paragraph (1)(B).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H09722199B255494A8C6E6229991E78A6">
<enum>
(b)
</enum>
<header>
Emergency requests
</header>
<text>
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5191">
42 U.S.C. 5191
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HCC42CDAF5C914C5BB29E63902C20ADD3" style="OLC">
<subsection id="H9A7B42D7A9604120AD8541637CA7A5C0">
<enum>
(c)
</enum>
<header>
Indian tribal government requests
</header>
<paragraph id="HA7BE4EE4930B4CA99416157768A273AB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
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).
</text>
</paragraph>
<paragraph id="H05A2B3A7596043C9AA1A172382BCA259">
<enum>
(2)
</enum>
<header>
References
</header>
<text display-inline="yes-display-inline">
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.
</text>
</paragraph>
<paragraph id="H50F817033AC444138239B61E2F7447D6">
<enum>
(3)
</enum>
<header>
Savings provision
</header>
<text>
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.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HCFB3623B705946CF8DD4682A4851A790">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text>
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
) is amended—
</text>
<paragraph id="H19695213A6A44549B51D33A3C2EFA020">
<enum>
(1)
</enum>
<text>
in paragraph (7)(B) by striking
<quote>
; and
</quote>
and inserting
<quote>
, that is not an Indian tribal government as defined in paragraph (6); and
</quote>
;
</text>
</paragraph>
<paragraph id="HE6B72F00F4D84706A1457A8C76E2A3EE">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
</text>
</paragraph>
<paragraph id="H9A0EA26FBE7B4412AE4C609C73778A5A">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block id="HCC9F25988F6E4453B80DFF5952EE31AF" style="OLC">
<paragraph id="H8F671ECE63C5482A85620755FE08844D">
<enum>
(6)
</enum>
<header>
Indian tribal government
</header>
<text>
The term
<quote>
Indian tribal government
</quote>
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 (
<external-xref legal-doc="usc" parsable-cite="usc/25/479a">
25 U.S.C. 479a et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4F295F2FB68D4EE6837CD30168D0A768">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H063BB0AF8D22462FB0B6439926D14469" style="OLC">
<paragraph id="H2971C63FDF3B43C3948566DD583655CF">
<enum>
(12)
</enum>
<header>
Chief executive
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Chief Executive
</quote>
means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HC06E28724FC44CA3BA9356010E1ED10A">
<enum>
(d)
</enum>
<header>
References
</header>
<text>
Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5121">
42 U.S.C. 5121 et seq.
</external-xref>
) is amended by adding after section 102 the following:
</text>
<quoted-block id="HC6C416BE03154DDFA467A8EE4E274A15" style="OLC">
<section id="H6292CAD30A72438B95B49906C3C2D445">
<enum>
103.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, any reference in this Act to
<quote>
State and local
</quote>
,
<quote>
State or local
</quote>
,
<quote>
State, and local
</quote>
,
<quote>
State, or local
</quote>
, or
<quote>
State, local
</quote>
(including plurals) with respect to governments or officials and any reference to a
<quote>
local government
</quote>
in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H1239DC0EACCE4A34B6EEFE4408ED0518">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<paragraph id="H67143933B89A420C880DC24EFB39E861">
<enum>
(1)
</enum>
<header>
Issuance
</header>
<text>
The President shall issue regulations to carry out the amendments made by this section.
</text>
</paragraph>
<paragraph id="H09FB9F57C36B4A018D1C65587B35ACE8">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
</text>
</paragraph>
</subsection>
</section>
<section id="H83A6C1AFC426477690F339A46F31312B">
<enum>
11.
</enum>
<header>
Recommendations for reducing costs of future disasters
</header>
<subsection id="H6F468793B95E4166B65B3DC3CBBADD60">
<enum>
(a)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
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.
</text>
</subsection>
<subsection id="H649983B0227045BCBEAC0FA6138020F5">
<enum>
(b)
</enum>
<header>
National strategy
</header>
<text display-inline="yes-display-inline">
The national strategy should—
</text>
<paragraph id="H0E8F70D58C254C278A7BE0CE11E76C53">
<enum>
(1)
</enum>
<text>
respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
</text>
</paragraph>
<paragraph id="HE1F31AAF1D844175B249AF49C5701C2D">
<enum>
(2)
</enum>
<text>
consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
</text>
</paragraph>
<paragraph id="H668B6657F71B462A89319576CB8769D2">
<enum>
(3)
</enum>
<text>
analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
</text>
</paragraph>
<paragraph id="HBA7BA217F935417F9DDB2137A45E8529">
<enum>
(4)
</enum>
<text>
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.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130114">
Passed the House of Representatives January 14, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
</bill>
| II 113th CONGRESS 1st Session H. R. 219 IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Received AN ACT To improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
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. 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: 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. . 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) . 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. 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. 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: 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. . 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. . 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. . 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. 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: 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. 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. Karen L. Haas, Clerk |
113-hr-220-ih-dtd | 113-hr-220 | 113 | hr | 220 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr220ih.xml | BILLS-113hr220ih.xml | 2023-01-08 17:42:35.979 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 220 IH: Stop the Coin Act
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U.S. House of Representatives
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2013-01-14
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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113th CONGRESS
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1st Session
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<legis-num>
H. R. 220
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130114">
January 14, 2013
</action-date>
<action-desc>
<sponsor name-id="W000791">
Mr. Walden
</sponsor>
(for
himself,
<cosponsor name-id="L000567">
Mr. Lance
</cosponsor>
,
<cosponsor name-id="S000250">
Mr. Sessions
</cosponsor>
,
<cosponsor name-id="H001067">
Mr. Hudson
</cosponsor>
,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
,
<cosponsor name-id="H001065">
Mr. Holding
</cosponsor>
,
<cosponsor name-id="C001076">
Mr. Chaffetz
</cosponsor>
,
<cosponsor name-id="N000184">
Mrs. Noem
</cosponsor>
,
<cosponsor name-id="F000458">
Mr. Fincher
</cosponsor>
,
<cosponsor name-id="C001064">
Mr. Campbell
</cosponsor>
,
<cosponsor name-id="L000569">
Mr. Luetkemeyer
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="N000185">
Mr. Nugent
</cosponsor>
,
<cosponsor name-id="A000055">
Mr. Aderholt
</cosponsor>
,
<cosponsor name-id="N000186">
Mr. Nunnelee
</cosponsor>
,
<cosponsor name-id="Y000063">
Mr. Yoder
</cosponsor>
,
<cosponsor name-id="T000238">
Mr. Thornberry
</cosponsor>
,
<cosponsor name-id="K000378">
Mr. Kinzinger of Illinois
</cosponsor>
,
<cosponsor name-id="L000566">
Mr. Latta
</cosponsor>
, and
<cosponsor name-id="M001144">
Mr. Miller of Florida
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend
<external-xref legal-doc="usc" parsable-cite="usc/31/5112">
section 5112
</external-xref>
of title 31, United States Code, to
limit the face value of coins that the Secretary of the Treasury may issue, and
for other purposes.
</official-title>
</form>
<legis-body id="H7ECCCE94DA884DECAE95919D7F332AAC" style="OLC">
<section id="H1E8CF242F2C84CC7B1BF1DC9FE198FF5" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Stop the Coin
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H634BFCC0E83F474799410DF1E0254688">
<enum>
2.
</enum>
<header>
Limitation on
face value of coins
</header>
<text display-inline="no-display-inline">
Section
5112 of title 31, United States Code, is amended—
</text>
<paragraph id="H84BA0165ED5041E3A415637292A1AAED">
<enum>
(1)
</enum>
<text>
in subsection
(k)—
</text>
<subparagraph id="HE9E90A629AF3442EBCF9116ABD56A5EF">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
having such nominal, or face, values as the Secretary may determine but
not in any case exceeding $200
</quote>
after
<quote>
platinum coins
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HB6D55E611682496CBA97942A355CA2C8">
<enum>
(B)
</enum>
<text>
by striking
<quote>
denominations,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HFB5A242A864B40B5834983C4C1FC558E">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H8E4DA15BB3B94F80BEB5A6F1FF8E4793" style="OLC">
<subsection id="H0ADED053109C41E2BB378C44786FCC54">
<enum>
(w)
</enum>
<header>
Limitation on
face value
</header>
<text display-inline="yes-display-inline">
The Secretary may
not mint or issue any coin having a nominal, or face, value exceeding
$200.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 220 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Walden (for himself, Mr. Lance , Mr. Sessions , Mr. Hudson , Mr. Westmoreland , Mr. Holding , Mr. Chaffetz , Mrs. Noem , Mr. Fincher , Mr. Campbell , Mr. Luetkemeyer , Mr. Jones , Mr. Nugent , Mr. Aderholt , Mr. Nunnelee , Mr. Yoder , Mr. Thornberry , Mr. Kinzinger of Illinois , Mr. Latta , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 5112 of title 31, United States Code, to limit the face value of coins that the Secretary of the Treasury may issue, and for other purposes.
1. Short title This Act may be cited as the Stop the Coin Act . 2. Limitation on face value of coins Section 5112 of title 31, United States Code, is amended— (1) in subsection (k)— (A) by inserting having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200 after platinum coins ; and (B) by striking denominations, ; and (2) by adding at the end the following new subsection: (w) Limitation on face value The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200. . |
113-hr-221-ih-dtd | 113-hr-221 | 113 | hr | 221 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr221ih.xml | BILLS-113hr221ih.xml | 2023-01-08 17:42:35.853 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H7F85C3C89B64474292C3147CF4B3E93E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 221 IH: Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-14
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 221
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130114">
January 14, 2013
</action-date>
<action-desc>
<sponsor name-id="B001243">
Mrs. Blackburn
</sponsor>
(for
herself and
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HSY00">
Science, Space, and
Technology
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require reports on the acquisitions by certain foreign
persons of companies that have received American taxpayer research and
development funding, and for other purposes.
</official-title>
</form>
<legis-body id="HD0A5FF6E610D4F878FF9FF2F14E55112" style="OLC">
<section id="H00BAAE7C7C9244D0B4E08960F63E0C2F" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Stop Mergers, Acquisitions, and Risky Takeovers Supplied by
American Labor and Entrepreneurship Act of 2013
</short-title>
</quote>
or the
<quote>
<short-title>
SMART SALE Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HD142CD53B44C49B3BA3C1F7A14DB1D6C">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="HCC36E34CF25F43EEA47EA833CFF343C7">
<enum>
(1)
</enum>
<header>
Covered
entity
</header>
<text display-inline="yes-display-inline">
The term
<term>
covered
entity
</term>
means any person, company, institution, or other entity engaged
in interstate commerce in the United States that owns, licenses, or otherwise
holds an interest in a federally-funded technology, or to which Federal energy
research and development funding has been obligated by a Federal agency.
</text>
</paragraph>
<paragraph id="HBC308260C7AF49799F922E0273F69995">
<enum>
(2)
</enum>
<header>
Covered
transaction
</header>
<subparagraph id="HD37D46A3272648DCBF5BAB216ED4FEB2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
covered transaction
</term>
means any
proposed or pending merger, acquisition, takeover, or other transfer that could
result in control of a covered entity by—
</text>
<clause id="H0BDCC7E672484BE09AD6BFCC8633A102">
<enum>
(i)
</enum>
<text>
a
government of a foreign country described in subparagraph (B); or
</text>
</clause>
<clause id="H787E4891F0754945AD93DFD95C5E80E1">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H553E59A81D874FEE90937EACAA8B8F70">
<enum>
(I)
</enum>
<text>
a natural person who is
a citizen of a foreign country described in subparagraph (B) or who owes
permanent allegiance to such foreign country; or
</text>
</subclause>
<subclause id="H54D063C43F264C6E843C164A73F6BF14" indent="up1">
<enum>
(II)
</enum>
<text>
a corporation or other legal entity
which is organized under the laws of such foreign country or any political
subdivision thereof if natural persons described in subclause (I) own, directly
or indirectly, more than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HE5F67E5FE99B41C9841C6C99D014E358">
<enum>
(B)
</enum>
<header>
Foreign country
described
</header>
<clause id="H726FE0464644422CACAE44B98847F7B2">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as provided in
clause (ii), a foreign country referred to in subparagraph (A) means any of the
following:
</text>
<subclause id="H9908884DF4F746AC82810A1D1F71A8D3">
<enum>
(I)
</enum>
<text>
The People’s
Republic of China.
</text>
</subclause>
<subclause id="HC8DC9E4658C141308C4AF314F25609A4">
<enum>
(II)
</enum>
<text>
The Democratic
People’s Republic of Korea.
</text>
</subclause>
<subclause id="H76AFFDB6234C4A8DA0B2C70B8808AF1B">
<enum>
(III)
</enum>
<text>
A country that
is a state sponsor of terrorism (as defined in clause (iii)).
</text>
</subclause>
<subclause id="H80BD9444484F45178DCE4EACD03D900C">
<enum>
(IV)
</enum>
<text>
A country that
provides sanctuary to a foreign terrorist organization (as defined in clause
(iv)).
</text>
</subclause>
<subclause id="H9C6E94F4822F4AD2953ABD427BBB2688">
<enum>
(V)
</enum>
<text>
Any other country
with respect to which the President determines the provisions of this paragraph
should apply.
</text>
</subclause>
</clause>
<clause id="H1628FD6C31B244F5B3E404461CB6A2C1">
<enum>
(ii)
</enum>
<header>
Waiver
</header>
<text display-inline="yes-display-inline">
The President may waive the applicability
of this paragraph with respect to a foreign country described in clause (i) on
a case-by-case basis if not later than 60 days before doing so the
President—
</text>
<subclause id="H70CC0838DD58410CBDC52C505F016747">
<enum>
(I)
</enum>
<text>
determines that it
is in the national interest of the United States to do so; and
</text>
</subclause>
<subclause id="HAD00765115024DC8A17954A47294E078">
<enum>
(II)
</enum>
<text>
submits to
Congress a report providing a justification for the waiver.
</text>
</subclause>
</clause>
<clause id="HDC5734433DD9499D9DB16A38492089B3">
<enum>
(iii)
</enum>
<header>
State sponsor
of terrorism defined
</header>
<text display-inline="yes-display-inline">
In
clause (i)(III), the term
<term>
state sponsor of terrorism
</term>
means any
country the government of which the Secretary of State has determined has
repeatedly provided support for international terrorism pursuant to—
</text>
<subclause id="H1E28C8B64FEE40269C77F957626B3AB4">
<enum>
(I)
</enum>
<text>
section 6(j) of
the Export Administration Act of 1979 (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2405">
50 U.S.C. App. 2405
</external-xref>
) (as continued in
effect under the International Emergency Economic Powers Act);
</text>
</subclause>
<subclause id="HFA704E423DA24E0289D29CF39104B1E0">
<enum>
(II)
</enum>
<text>
section 620A of
the Foreign Assistance Act of 1961 (
<external-xref legal-doc="usc" parsable-cite="usc/22/2371">
22 U.S.C. 2371
</external-xref>
);
</text>
</subclause>
<subclause id="HC64007FB29C0427E8778A6EA190A4189">
<enum>
(III)
</enum>
<text>
section 40 of
the Arms Export Control Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/2780">
22 U.S.C. 2780
</external-xref>
); or
</text>
</subclause>
<subclause id="HFBE09CF4D94644DBBBD9DA5FBBDFC118">
<enum>
(IV)
</enum>
<text>
any other
provision of law.
</text>
</subclause>
</clause>
<clause id="H663A7D56BFD6418980BE73DC39086670">
<enum>
(iv)
</enum>
<header>
Foreign
terrorist organization defined
</header>
<text display-inline="yes-display-inline">
In clause (i)(IV), the term
<term>
foreign
terrorist organization
</term>
means any organization so designated by the
Secretary of State under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC72A7CD546964BBBBAA270DE8504D990">
<enum>
(3)
</enum>
<header>
Federal energy
research and development funding
</header>
<text>
The term
<term>
Federal energy
research and development funding
</term>
means Federal funding provided for the
purpose of researching or developing new energy technologies, products,
processes, or systems, or for the application of existing energy technologies,
products, processes, or systems in a novel manner. Such funding includes
funding for a loan or loan guarantee made by a Federal agency.
</text>
</paragraph>
<paragraph id="H82EBDE9B3DF8436198022DEF7344F7B6">
<enum>
(4)
</enum>
<header>
Federally-funded
technology
</header>
<subparagraph id="HE08447A4C3B846D192D6237BB3F40108">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as provided in
subparagraph (B), the term
<term>
federally-funded technology
</term>
means any
technology, product, process, or system developed as a result of Federal energy
research and development funding.
</text>
</subparagraph>
<subparagraph id="H884AB975A1674610BC5362DF557318D1">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
Such term does not apply to any technology,
product, process, and system that was not—
</text>
<clause id="H17B57883BD984CCABBE5DB15F81DF9BB">
<enum>
(i)
</enum>
<text>
specified in the
documents and agreements associated with the provision of the Federal energy
research and development funding; or
</text>
</clause>
<clause id="HA5CD0970E9DB450FB6F0F4F3EB1FE3E7">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
a foreseeable result or byproduct of the
Federal energy research and development funding at the time the funding was
provided.
</text>
</clause>
</subparagraph>
</paragraph>
</section>
<section id="H7C6929B5695A4EACAAAEB6309516A518">
<enum>
3.
</enum>
<header>
Requirements
</header>
<subsection id="H05C308052DED4DD69B690A3533C5AA24">
<enum>
(a)
</enum>
<header>
Notification
</header>
<paragraph id="H61FC88D2DAD943F0A88495A67A87DF43">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
A covered entity shall notify the Secretary of Energy in
writing not later than 7 days of entering into negotiations for any covered
transaction.
</text>
</paragraph>
<paragraph id="H0D6170843E5740E39728220A934EE365">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
A
notification submitted pursuant to paragraph (1) shall include—
</text>
<subparagraph display-inline="no-display-inline" id="H4F125524418A4377AD4B46BF75ED4BF8">
<enum>
(A)
</enum>
<text>
an identification
of the covered entity;
</text>
</subparagraph>
<subparagraph id="HB2E2400D0F0B48E2848668098B523AB7">
<enum>
(B)
</enum>
<text>
an identification
of the purchasing, acquiring, or merging entity;
</text>
</subparagraph>
<subparagraph id="H7FCC37C510C94EFDAA8AC49B0525BF80">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the amounts of all Federal energy research
and development funding received by the covered entity, including a description
of the form and amount of each transaction providing such funding;
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HB2F1EF93E2DC4622B4B70CC1A396831D">
<enum>
(D)
</enum>
<text>
an explanation of
how the covered entity or its purchaser will repay any outstanding loans or
loan guarantees provided by a Federal agency, including interest
accrued;
</text>
</subparagraph>
<subparagraph id="H44AAB5805B52479FAEB54205A658AB5F">
<enum>
(E)
</enum>
<text>
an appraisal of
the value of any federally-funded technology owned, licensed, or otherwise held
by the covered entity, including estimates of sales value and licensing fees;
and
</text>
</subparagraph>
<subparagraph id="H152B1E3652BE4CB79CED942897DE14FC">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
a description of the technical rights held
by the Federal Government in all federally-funded technology owned, licensed,
or otherwise held by the covered entity.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2220F3E4CEE747528110A69685E82B16">
<enum>
(3)
</enum>
<header>
Penalties
</header>
<text display-inline="yes-display-inline">
Any person who knowingly and intentionally
fails to make a notification required by this subsection shall be imprisoned
for not more than 5 years and fined according to title 18, United States
Code.
</text>
</paragraph>
</subsection>
<subsection id="H28A4D19ACFC5444B8BD7F584D9293EF2">
<enum>
(b)
</enum>
<header>
Recoupment of
Federal funds
</header>
<text display-inline="yes-display-inline">
A Federal
agency providing Federal energy research and development funding shall require,
as a condition of receipt of such funding, that all amounts provided shall be
repaid to the Federal Government if a covered transaction results in control of
the recipient by a foreign country described in section 2(2)(B).
</text>
</subsection>
<subsection id="HE6E583CEB445470EBD6F89B3F6A5AD54">
<enum>
(c)
</enum>
<header>
Regulations
</header>
<text display-inline="yes-display-inline">
Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall promulgate regulations to
carry out this section.
</text>
</subsection>
</section>
<section id="H590050CD23574AEDA3F7D4095924F131">
<enum>
4.
</enum>
<header>
Reports to
Congress
</header>
<subsection id="H542557792D96497F9D08526D6A8F6D14">
<enum>
(a)
</enum>
<header>
Report on
notification
</header>
<text display-inline="yes-display-inline">
Not later than
30 days after receipt of a notification required by section 3(a), the Secretary
of Energy shall submit to Congress a report on the notification. Such a report
shall contain, at a minimum, the following:
</text>
<paragraph id="HE0454D02B0364FDABF36BC20375C577F">
<enum>
(1)
</enum>
<text>
All of the
information provided by the covered entity under section 3(a).
</text>
</paragraph>
<paragraph id="HA7B890EAB5AE41618BE00C8AFB63C72E">
<enum>
(2)
</enum>
<text>
An assessment of
any cybersecurity threats to the national interests of the United States with
respect to the covered transaction.
</text>
</paragraph>
<paragraph id="H4B51E4761DEC4024949215937E1DE1CC">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Disclosure of any additional Federal energy
research and development funding payments scheduled to be made by a Federal
entity to the covered entity.
</text>
</paragraph>
<paragraph id="H3C1A1234711844EAB2336ADCBD5ACB40">
<enum>
(4)
</enum>
<text>
An assessment of
what effect the covered transaction will have on the interests of the United
States, including the extent to which the covered transaction will cause, or
will have a reasonable likelihood of causing, any negative effects to the
national and economic security interests of the United States.
</text>
</paragraph>
<paragraph id="H044059DB4A24410C9DD0A60DD74C65C0">
<enum>
(5)
</enum>
<text>
An estimate of any
amounts of Federal, State, and foreign government funding that any party to the
covered transaction, other than the covered entity, has received.
</text>
</paragraph>
</subsection>
<subsection id="H168A5646735E417282A5AC5C7FEA9A73">
<enum>
(b)
</enum>
<header>
Initial
report
</header>
<text display-inline="yes-display-inline">
Not later than 90 days
after the date of enactment of this Act, the Secretary of Energy shall submit
to Congress a report that—
</text>
<paragraph id="HA57DCA008889468BBDF59A532DCF1851">
<enum>
(1)
</enum>
<text>
identifies each
covered entity that is engaged in a covered transaction as of the date of
enactment of this Act; and
</text>
</paragraph>
<paragraph id="HB057BCB792BC479CA2EEC6BCC6B47FA1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
specifies the total amount of Federal
energy research and development funding the covered entity has received and is
scheduled to receive.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 221 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Blackburn (for herself and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require reports on the acquisitions by certain foreign persons of companies that have received American taxpayer research and development funding, and for other purposes.
1. Short title This Act may be cited as the Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013 or the SMART SALE Act of 2013 . 2. Definitions In this Act: (1) Covered entity The term covered entity means any person, company, institution, or other entity engaged in interstate commerce in the United States that owns, licenses, or otherwise holds an interest in a federally-funded technology, or to which Federal energy research and development funding has been obligated by a Federal agency. (2) Covered transaction (A) In general The term covered transaction means any proposed or pending merger, acquisition, takeover, or other transfer that could result in control of a covered entity by— (i) a government of a foreign country described in subparagraph (B); or (ii) (I) a natural person who is a citizen of a foreign country described in subparagraph (B) or who owes permanent allegiance to such foreign country; or (II) a corporation or other legal entity which is organized under the laws of such foreign country or any political subdivision thereof if natural persons described in subclause (I) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. (B) Foreign country described (i) In general Except as provided in clause (ii), a foreign country referred to in subparagraph (A) means any of the following: (I) The People’s Republic of China. (II) The Democratic People’s Republic of Korea. (III) A country that is a state sponsor of terrorism (as defined in clause (iii)). (IV) A country that provides sanctuary to a foreign terrorist organization (as defined in clause (iv)). (V) Any other country with respect to which the President determines the provisions of this paragraph should apply. (ii) Waiver The President may waive the applicability of this paragraph with respect to a foreign country described in clause (i) on a case-by-case basis if not later than 60 days before doing so the President— (I) determines that it is in the national interest of the United States to do so; and (II) submits to Congress a report providing a justification for the waiver. (iii) State sponsor of terrorism defined In clause (i)(III), the term state sponsor of terrorism means any country the government of which the Secretary of State has determined has repeatedly provided support for international terrorism pursuant to— (I) section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ) (as continued in effect under the International Emergency Economic Powers Act); (II) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (III) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (IV) any other provision of law. (iv) Foreign terrorist organization defined In clause (i)(IV), the term foreign terrorist organization means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (3) Federal energy research and development funding The term Federal energy research and development funding means Federal funding provided for the purpose of researching or developing new energy technologies, products, processes, or systems, or for the application of existing energy technologies, products, processes, or systems in a novel manner. Such funding includes funding for a loan or loan guarantee made by a Federal agency. (4) Federally-funded technology (A) In general Except as provided in subparagraph (B), the term federally-funded technology means any technology, product, process, or system developed as a result of Federal energy research and development funding. (B) Exception Such term does not apply to any technology, product, process, and system that was not— (i) specified in the documents and agreements associated with the provision of the Federal energy research and development funding; or (ii) a foreseeable result or byproduct of the Federal energy research and development funding at the time the funding was provided. 3. Requirements (a) Notification (1) In general A covered entity shall notify the Secretary of Energy in writing not later than 7 days of entering into negotiations for any covered transaction. (2) Contents A notification submitted pursuant to paragraph (1) shall include— (A) an identification of the covered entity; (B) an identification of the purchasing, acquiring, or merging entity; (C) the amounts of all Federal energy research and development funding received by the covered entity, including a description of the form and amount of each transaction providing such funding; (D) an explanation of how the covered entity or its purchaser will repay any outstanding loans or loan guarantees provided by a Federal agency, including interest accrued; (E) an appraisal of the value of any federally-funded technology owned, licensed, or otherwise held by the covered entity, including estimates of sales value and licensing fees; and (F) a description of the technical rights held by the Federal Government in all federally-funded technology owned, licensed, or otherwise held by the covered entity. (3) Penalties Any person who knowingly and intentionally fails to make a notification required by this subsection shall be imprisoned for not more than 5 years and fined according to title 18, United States Code. (b) Recoupment of Federal funds A Federal agency providing Federal energy research and development funding shall require, as a condition of receipt of such funding, that all amounts provided shall be repaid to the Federal Government if a covered transaction results in control of the recipient by a foreign country described in section 2(2)(B). (c) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall promulgate regulations to carry out this section. 4. Reports to Congress (a) Report on notification Not later than 30 days after receipt of a notification required by section 3(a), the Secretary of Energy shall submit to Congress a report on the notification. Such a report shall contain, at a minimum, the following: (1) All of the information provided by the covered entity under section 3(a). (2) An assessment of any cybersecurity threats to the national interests of the United States with respect to the covered transaction. (3) Disclosure of any additional Federal energy research and development funding payments scheduled to be made by a Federal entity to the covered entity. (4) An assessment of what effect the covered transaction will have on the interests of the United States, including the extent to which the covered transaction will cause, or will have a reasonable likelihood of causing, any negative effects to the national and economic security interests of the United States. (5) An estimate of any amounts of Federal, State, and foreign government funding that any party to the covered transaction, other than the covered entity, has received. (b) Initial report Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report that— (1) identifies each covered entity that is engaged in a covered transaction as of the date of enactment of this Act; and (2) specifies the total amount of Federal energy research and development funding the covered entity has received and is scheduled to receive. |
113-hr-222-ih-dtd | 113-hr-222 | 113 | hr | 222 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr222ih.xml | BILLS-113hr222ih.xml | 2023-01-08 17:42:34.722 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HA97011CB0FF445ADB76412B101DB9D46" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 222 IH: Frank Buckles World War I Memorial Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-14
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 222
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130114">
January 14, 2013
</action-date>
<action-desc>
<sponsor name-id="P000592">
Mr. Poe of Texas
</sponsor>
(for
himself,
<cosponsor name-id="C001061">
Mr. Cleaver
</cosponsor>
, and
<cosponsor name-id="G000553">
Mr. Al Green of Texas
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the World War I Centennial Commission Act to
provide for the designation of memorials to the service of members of the
United States Armed Forces in World War I, and for other
purposes.
</official-title>
</form>
<legis-body id="H14C8CC2ACF6945AABF81BED8F5857366" style="OLC">
<section id="H74DFB34D74314E0C8590879E76BEADCB" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Frank Buckles World War I Memorial
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H752EF4A6EAC64307990FB02A5D011B71">
<enum>
2.
</enum>
<header>
Designation of
memorials to the service of members of the United States Armed Forces in World
War I
</header>
<subsection id="H57BB277983CE42BFAA6D2A5C64C64D22">
<enum>
(a)
</enum>
<header>
Memorial
designations
</header>
<text display-inline="yes-display-inline">
The World War I
Centennial Commission Act is amended—
</text>
<paragraph id="H7F28AB2398B342C585266FB2FBD13352">
<enum>
(1)
</enum>
<text>
by redesignating
section 9 as section 11; and
</text>
</paragraph>
<paragraph id="H3C6969320C1A44D8B24C177D017831F6">
<enum>
(2)
</enum>
<text>
by inserting after
section 8 the following new sections:
</text>
<quoted-block id="HFC2B118FF7B84A848D3A56AF45B0D2C1">
<section id="H58AD81333DA144D1BD4FACF090C01054">
<enum>
9.
</enum>
<header>
Designation of
National World War I Museum and Memorial in Kansas City, Missouri
</header>
<subsection id="HFBDFD33091CD4AA5A0FCBE6B0F5285BF">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Liberty Memorial of Kansas City at America’s National
World War I Museum in Kansas City, Missouri, is hereby designated as the
<quote>
National World War I Museum and Memorial
</quote>
.
</text>
</subsection>
<subsection id="HB275278F799A46E6B8B5276A92803087">
<enum>
(b)
</enum>
<header>
Ceremonies
</header>
<text>
The
Centennial Commission may plan, develop, and execute ceremonies to recognize
the designation of the Liberty Memorial of Kansas City as the National World
War I Museum and Memorial.
</text>
</subsection>
</section>
<section id="H2BC09140A8DD46F4A0E0954A5BD51EA5">
<enum>
10.
</enum>
<header>
Establishment of
National World War I Memorial in the District of Columbia
</header>
<subsection id="H189AD01A1BF843EDB60AD651A0337A66">
<enum>
(a)
</enum>
<header>
Authority To
establish commemorative work
</header>
<text display-inline="yes-display-inline">
The World War I Memorial Foundation may
establish a commemorative work on Federal land in the Reserve on the National
Mall in the District of Columbia to consist of an appropriate sculptural or
other commemorative elements to serve as the National World War I
Memorial.
</text>
</subsection>
<subsection id="H477EFE2D8BC840E294B48C53FF7EE241">
<enum>
(b)
</enum>
<header>
Limitation on
size of memorial
</header>
<text display-inline="yes-display-inline">
The National
World War I Memorial may not exceed 0.5 acres in size.
</text>
</subsection>
<subsection id="H8EC42616A5E345E9A428162D7A29ED3C">
<enum>
(c)
</enum>
<header>
Compliance with
standards for commemorative works
</header>
<paragraph id="H1E821FF7FA3A4FD4B704A07AEB3853A6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Chapter 89 of title
40, United States Code, shall apply to the establishment of the National World
War I Memorial in the District of Columbia and its environs.
</text>
</paragraph>
<paragraph id="H247EC4B695134AF7A0EC77BDD2411551">
<enum>
(2)
</enum>
<header>
Exception from
prohibition on additional commemorative works in reserve
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/40/8908">
Section 8908(c)
</external-xref>
of title 40, United States
Code, does not apply with respect to the selection of the site for the National
World War I Memorial.
</text>
</paragraph>
<paragraph id="HA2371A4C4B204D09A471572E3A4EDE80">
<enum>
(3)
</enum>
<header>
No infringement
upon existing memorial
</header>
<text display-inline="yes-display-inline">
The
site selected for the National World War I Memorial may not infringe upon or
adversely impact the District of Columbia War Memorial.
</text>
</paragraph>
</subsection>
<subsection id="H9B21EE68634946C199F572EEACEC988D">
<enum>
(d)
</enum>
<header>
Limitation on
total cost
</header>
<text display-inline="yes-display-inline">
The total cost to
design and construct the National World War I Memorial may not exceed
$10,000,000.
</text>
</subsection>
<subsection id="HBDEA138CFD124209A3E252E31ECC3CDB">
<enum>
(e)
</enum>
<header>
Deposit of
excess funds
</header>
<paragraph id="H2E7B29F9B32E4FBC8B6EE3B3FE5D7FD0">
<enum>
(1)
</enum>
<header>
Upon
establishment of memorial
</header>
<text display-inline="yes-display-inline">
If,
upon payment of all expenses for the establishment of the National World War I
Memorial (including the maintenance and preservation amount required by section
8906(b)(1) of title 40, United States Code), there remains a balance of funds
received for the establishment of the memorial, the Memorial Foundation shall
transmit the amount of the balance to the account provided for in section
8906(b)(3) of such title.
</text>
</paragraph>
<paragraph id="HBDF9BF3FE6774CE9A32B69A137AC4D11">
<enum>
(2)
</enum>
<header>
Upon expiration
of authority to establish memorial
</header>
<text display-inline="yes-display-inline">
If, upon expiration of the authority for
the National World War I Memorial under
<external-xref legal-doc="usc" parsable-cite="usc/40/8903">
section 8903(e)
</external-xref>
of title 40, United
States Code, there remains a balance of funds received for the establishment of
the memorial, the Memorial Foundation shall transmit the amount of the balance
to a separate account with the National Park Foundation for memorials, to be
available to the Secretary of the Interior or Administrator of General Services
(as appropriate) following the process provided in section 8906(b)(4) of such
title for accounts established under section 8906(b)(3) of such title.
</text>
</paragraph>
</subsection>
<subsection id="HFA1481D7E6AF436A9D67CE6F0CEF8FD8">
<enum>
(f)
</enum>
<header>
Ceremonies
</header>
<text display-inline="yes-display-inline">
The Centennial Commission may plan,
develop, and execute ceremonies to recognize the establishment of the National
World War I Memorial.
</text>
</subsection>
<subsection id="HF665D8A3737C448EA4AE1DC0406BABB4">
<enum>
(g)
</enum>
<header>
Reserve
defined
</header>
<text display-inline="yes-display-inline">
In this section, the
term
<term>
Reserve
</term>
has the meaning given that term in section 8902(a)(3)
of title 40, United States
Code.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H28B67BD972C14ED390D3809DADD33B60">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents in section 1(b) of such Act is
amended by striking the item relating to section 9 and inserting the following
new items:
</text>
<quoted-block display-inline="no-display-inline" id="H132CE81DE0A04F7C9642A37F64A6DAEB" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 9. Designation of National World War
I Museum and Memorial in Kansas City, Missouri.
</toc-entry>
<toc-entry level="section">
Sec. 10. Establishment of National World
War I Memorial in the District of Columbia.
</toc-entry>
<toc-entry level="section">
Sec. 11. Prohibition on obligation of
Federal
funds.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 222 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Poe of Texas (for himself, Mr. Cleaver , and Mr. Al Green of Texas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the World War I Centennial Commission Act to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes.
1. Short title This Act may be cited as the Frank Buckles World War I Memorial Act . 2. Designation of memorials to the service of members of the United States Armed Forces in World War I (a) Memorial designations The World War I Centennial Commission Act is amended— (1) by redesignating section 9 as section 11; and (2) by inserting after section 8 the following new sections: 9. Designation of National World War I Museum and Memorial in Kansas City, Missouri (a) In general The Liberty Memorial of Kansas City at America’s National World War I Museum in Kansas City, Missouri, is hereby designated as the National World War I Museum and Memorial . (b) Ceremonies The Centennial Commission may plan, develop, and execute ceremonies to recognize the designation of the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. 10. Establishment of National World War I Memorial in the District of Columbia (a) Authority To establish commemorative work The World War I Memorial Foundation may establish a commemorative work on Federal land in the Reserve on the National Mall in the District of Columbia to consist of an appropriate sculptural or other commemorative elements to serve as the National World War I Memorial. (b) Limitation on size of memorial The National World War I Memorial may not exceed 0.5 acres in size. (c) Compliance with standards for commemorative works (1) In general Chapter 89 of title 40, United States Code, shall apply to the establishment of the National World War I Memorial in the District of Columbia and its environs. (2) Exception from prohibition on additional commemorative works in reserve Section 8908(c) of title 40, United States Code, does not apply with respect to the selection of the site for the National World War I Memorial. (3) No infringement upon existing memorial The site selected for the National World War I Memorial may not infringe upon or adversely impact the District of Columbia War Memorial. (d) Limitation on total cost The total cost to design and construct the National World War I Memorial may not exceed $10,000,000. (e) Deposit of excess funds (1) Upon establishment of memorial If, upon payment of all expenses for the establishment of the National World War I Memorial (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the memorial, the Memorial Foundation shall transmit the amount of the balance to the account provided for in section 8906(b)(3) of such title. (2) Upon expiration of authority to establish memorial If, upon expiration of the authority for the National World War I Memorial under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the memorial, the Memorial Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator of General Services (as appropriate) following the process provided in section 8906(b)(4) of such title for accounts established under section 8906(b)(3) of such title. (f) Ceremonies The Centennial Commission may plan, develop, and execute ceremonies to recognize the establishment of the National World War I Memorial. (g) Reserve defined In this section, the term Reserve has the meaning given that term in section 8902(a)(3) of title 40, United States Code. . (b) Table of contents The table of contents in section 1(b) of such Act is amended by striking the item relating to section 9 and inserting the following new items: Sec. 9. Designation of National World War I Museum and Memorial in Kansas City, Missouri. Sec. 10. Establishment of National World War I Memorial in the District of Columbia. Sec. 11. Prohibition on obligation of Federal funds. . |
113-hr-223-ih-dtd | 113-hr-223 | 113 | hr | 223 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr223ih.xml | BILLS-113hr223ih.xml | 2023-01-08 17:42:34.828 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H019D3F7AB9F744DF8EFFBBE60855E14E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 223 IH: John Tanner Fairness and Independence in Redistricting Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-14
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 223
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130114">
January 14, 2013
</action-date>
<action-desc>
<sponsor name-id="B001252">
Mr. Barrow
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To prohibit States from carrying out more than one
Congressional redistricting after a decennial census and apportionment, to
require States to conduct such redistricting through independent commissions,
and for other purposes.
</official-title>
</form>
<legis-body id="H670E5C8F9DA542A8814F3F3E96D21695" style="OLC">
<section display-inline="no-display-inline" id="HE165630B5080494D9C8449EF1762B288" section-type="section-one">
<enum>
1.
</enum>
<header>
Short Title; Finding of
Constitutional Authority
</header>
<subsection id="H3C35BE1E354B40CA90F2270CACE9D217">
<enum>
(a)
</enum>
<header>
Short
Title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
John Tanner Fairness and
Independence in Redistricting Act
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H33AEEE3A5A294741AB67BE53188E9B25">
<enum>
(b)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that it has the authority to
establish the terms and conditions States must follow in carrying out
Congressional redistricting after an apportionment of Members of the House of
Representatives because—
</text>
<paragraph id="H70BE4DCF822640ADB1D7D06BF4B93A35">
<enum>
(1)
</enum>
<text>
the authority
granted to Congress under article I, section 4 of the Constitution of the
United States gives Congress the power to enact laws governing the time, place,
and manner of elections for Members of the House of Representatives; and
</text>
</paragraph>
<paragraph id="HD4E93ED0D15C4F49A85B1DA89A4D18F1">
<enum>
(2)
</enum>
<text>
the authority
granted to Congress under section 5 of the fourteenth amendment to the
Constitution gives Congress the power to enact laws to enforce section 2 of
such amendment, which requires Representatives to be apportioned among the
several States according to their number.
</text>
</paragraph>
</subsection>
</section>
<section id="H6B48590234AE4E66B52D3185867B39B1">
<enum>
2.
</enum>
<header>
Limit on
congressional redistricting after an apportionment
</header>
<text display-inline="no-display-inline">
The
Act entitled
<quote>
An Act for the relief of Doctor Ricardo Vallejo Samala and
to provide for congressional redistricting
</quote>
, approved December 14, 1967
(
<external-xref legal-doc="usc" parsable-cite="usc/2/2c">
2 U.S.C. 2c
</external-xref>
), is amended by adding at the end the following:
<quote>
A State
which has been redistricted in the manner provided by law after an
apportionment under section 22(a) of the Act entitled
<quote>
An Act to provide
for the fifteenth and subsequent decennial censuses and to provide for an
apportionment of Representatives in Congress
</quote>
, approved June 18, 1929 (2
U.S.C. 2a), may not be redistricted again until after the next apportionment of
Representatives under such section, unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution or to
enforce the
<act-name parsable-cite="VRA65">
Voting Rights Act of
1965
</act-name>
(
<external-xref legal-doc="usc" parsable-cite="usc/42/1973">
42 U.S.C. 1973 et seq.
</external-xref>
).
</quote>
.
</text>
</section>
<section id="H008D8D4071C94637AD14E3ADFF67A59C">
<enum>
3.
</enum>
<header>
Requiring
Redistricting to be Conducted Through Plan of Independent State Commission or
Plan of Highest State Court
</header>
<subsection id="H6E8DDC46563F4B9CB5BCFA68715D3CA8">
<enum>
(a)
</enum>
<header>
Use of Plan
Required
</header>
<paragraph id="HCC8E745296874B43804EADB6802C0DE3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding any other provision of law, any
Congressional redistricting conducted by a State shall be conducted in
accordance with—
</text>
<subparagraph id="HF0C27A3AA374468C9E5FFC6E4B997638">
<enum>
(A)
</enum>
<text>
the redistricting
plan developed by the independent redistricting commission established in the
State, in accordance with section 4; or
</text>
</subparagraph>
<subparagraph id="H8CA9A006AFF147C6B9FFA59760BBA02D">
<enum>
(B)
</enum>
<text>
if the plan
developed by such commission is not enacted into law, the redistricting plan
selected by the highest court in the State or developed by a United States
district court, in accordance with section 5.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA12DEB8689DF452F8FAA93AFC96EABB7">
<enum>
(2)
</enum>
<header>
Other criteria
and procedures permitted
</header>
<text>
Nothing in this Act or the amendments
made by this Act may be construed to prohibit a State from conducting
Congressional redistricting in accordance with such criteria and procedures as
the State considers appropriate, to the extent that such criteria and
procedures are consistent with the applicable requirements of this Act and the
amendments made by this Act.
</text>
</paragraph>
</subsection>
<subsection id="HF4CDC2461D364ABE9CC1A1E6B717E60D">
<enum>
(b)
</enum>
<header>
Conforming
Amendment
</header>
<text>
Section 22(c) of the Act entitled
<quote>
An Act to
provide for the fifteenth and subsequent decennial censuses and to provide for
an apportionment of Representatives in Congress
</quote>
, approved June 18, 1929
(
<external-xref legal-doc="usc" parsable-cite="usc/2/2a">
2 U.S.C. 2a(c)
</external-xref>
), is amended by striking
<quote>
in the manner provided by the
law thereof
</quote>
and inserting:
<quote>
in the manner provided by the John
Tanner Fairness and Independence in Redistricting Act
</quote>
.
</text>
</subsection>
</section>
<section id="HBD1E598BB7CF436EA9DB1051A6AB03F0">
<enum>
4.
</enum>
<header>
Independent
Redistricting Commission
</header>
<subsection id="H92C42C6854EB41FBBC7E9CB478B639FE">
<enum>
(a)
</enum>
<header>
Administrative
Matters
</header>
<paragraph id="H167CD9F7CAF448E99745A2C38F49E8CA">
<enum>
(1)
</enum>
<header>
Appointment of
members
</header>
<text>
Each State shall establish an independent redistricting
commission composed of—
</text>
<subparagraph id="HCDD32EF6A3444760948D65A9316F2A91">
<enum>
(A)
</enum>
<text>
a chair, who shall
be appointed by majority vote of the other members of the commission;
and
</text>
</subparagraph>
<subparagraph id="H563B24BC2C934160A411995B13771EE9">
<enum>
(B)
</enum>
<text>
an equal number of
members (but not fewer than 1) from each of the following categories:
</text>
<clause id="H6216255D73B644F483CB186C81F1ECC4">
<enum>
(i)
</enum>
<text>
Members appointed
by a member of the upper house of the State legislature who represents the
political party with the greatest number of seats in that house.
</text>
</clause>
<clause id="H1DD4A034F66F46AF827CA37246AA8DBB">
<enum>
(ii)
</enum>
<text>
Members appointed
by a member of the upper house of the State legislature who represents the
political party with the second greatest number of seats in that house.
</text>
</clause>
<clause id="H470BC716A5CD4AE6A1ED36639FBC5C5C">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
Members appointed by a member of the lower
house of the State legislature who represents the political party with the
greatest number of seats in that house.
</text>
</clause>
<clause id="H3CE8A939CF4140E89F045D2D10C163FC">
<enum>
(iv)
</enum>
<text>
Members appointed
by a member of the lower house of the State legislature who represents the
political party with the second greatest number of seats in that house.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC09BD962E8EB49538B3B95868A68922A">
<enum>
(2)
</enum>
<header>
Special rule for
States with unicameral legislature
</header>
<text>
In the case of a State with a
unicameral legislature, the independent redistricting commission established
under this subsection shall be composed of—
</text>
<subparagraph id="H0B2EC1F8C3B149F7877308A9B1CD0268">
<enum>
(A)
</enum>
<text>
a chair, who shall
be appointed by majority vote of the other members of the commission;
and
</text>
</subparagraph>
<subparagraph id="HFB9F392005B04E7796C9F25B489C2CCA">
<enum>
(B)
</enum>
<text>
an equal number of
members (but not fewer than 2) from each of the following categories:
</text>
<clause id="H42CAD131808643E2BE09DF87DC4CCA61">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
Members appointed by a member of the
legislature who shall be selected by the chair of the Government Affairs
Committee of the legislature to represent the State political party whose
candidate for chief executive of the State received the greatest number of
votes on average in the 3 most recent general elections for that office.
</text>
</clause>
<clause id="HD545BAB52D024FBAB26C7C3535ADA5DF">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
Members appointed by a member of the
legislature who shall be selected by the chair of the Government Affairs
Committee of the legislature to represent the State political party whose
candidate for chief executive of the State received the second greatest number
of votes on average in the 3 most recent general elections for that
office.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1791CF8EF66F40D6B6C0256C30CC00A8">
<enum>
(3)
</enum>
<header>
Eligibility
</header>
<text>
An
individual is eligible to serve as a member of an independent redistricting
commission if—
</text>
<subparagraph id="H39F80B4C141D40CCB1CFB137E1B7EC5D">
<enum>
(A)
</enum>
<text>
as of the date of
appointment, the individual is registered to vote in elections for Federal
office held in the State, and was registered to vote in the 2 most recent
general elections for Federal office held in the State;
</text>
</subparagraph>
<subparagraph id="H119E25B7F823492492732EFE57284E9A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the individual did not hold public office
or run as a candidate for election for public office, or serve as an employee
of a political party or candidate for election for public office, at any time
during the 4-year period ending on the December 31 preceding the date of
appointment; and
</text>
</subparagraph>
<subparagraph id="HAA503EC3372D440CAC5DDF3B061A6B5B">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the individual certifies that he or she
will not run as a candidate for the office of Representative in the Congress
until after the next apportionment of Representatives under section 22(a) of
the Act entitled
<quote>
An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for an apportionment of Representatives in
Congress
</quote>
, approved June 18, 1929 (
<external-xref legal-doc="usc" parsable-cite="usc/2/2a">
2 U.S.C. 2a
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="H97BD132A0B9547F5A3C8B52E3400DEC6">
<enum>
(4)
</enum>
<header>
Vacancy
</header>
<text>
A
vacancy in the commission shall be filled in the manner in which the original
appointment was made.
</text>
</paragraph>
<paragraph id="H1DDC66A1CEB24454A4F41AF25B924CCE">
<enum>
(5)
</enum>
<header>
Deadline
</header>
<text display-inline="yes-display-inline">
Each State shall establish a commission
under this section, and the members of the commission shall appoint the
commission’s chair, not later than the first February 1 which occurs after the
chief executive of a State receives the State apportionment notice.
</text>
</paragraph>
<paragraph id="HE2974A1EA7164744BE932C88A34FFEC5">
<enum>
(6)
</enum>
<header>
Appointment of
chair required prior to development of redistricting plan
</header>
<text>
The
commission may not take any action to develop a redistricting plan for the
State under subsection (b) until the appointment of the commission’s chair in
accordance with paragraph (1)(E).
</text>
</paragraph>
<paragraph id="H9253CE2D482A47889CDA4F94B91FF84B">
<enum>
(7)
</enum>
<header>
Requiring all
meetings to be open to public
</header>
<text>
The commission shall hold each of
its meetings in public.
</text>
</paragraph>
<paragraph id="HDC5210EE0150466389FBDB3121243A49">
<enum>
(8)
</enum>
<header>
Internet
site
</header>
<text>
As soon as practicable after establishing the commission,
the State shall establish and maintain a public Internet site for the
commission which meets the following requirements:
</text>
<subparagraph id="H7F2834D62A3F4C71809109747C73A086">
<enum>
(A)
</enum>
<text>
The site is
updated continuously to provide advance notice of commission meetings and to
otherwise provide timely information on the activities of the
commission.
</text>
</subparagraph>
<subparagraph id="H03832F2034454C308DA4625487F24A60">
<enum>
(B)
</enum>
<text>
The site contains
the most recent available information from the Bureau of the Census on
voting-age population, voter registration, and voting in the State, including
precinct-level and census tract-level data with respect to such information, as
well as detailed maps reflecting such information.
</text>
</subparagraph>
<subparagraph id="H942E7A16A6744CBDA70C66B9EF23F556">
<enum>
(C)
</enum>
<text>
The site includes
interactive software to enable any individual to design a redistricting plan
for the State on the basis of the information described in subparagraph (B), in
accordance with the criteria described in subsection (b)(1).
</text>
</subparagraph>
<subparagraph id="H37569EDEDD0748C69729B3FCC0752DF5">
<enum>
(D)
</enum>
<text>
The site permits
any individual to submit a proposed redistricting plan to the commission, and
to submit questions, comments, and other information with respect to the
commission’s activities.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5E8718586DB0420D92720BD3D0088494">
<enum>
(b)
</enum>
<header>
Development of
Redistricting Plan
</header>
<paragraph id="H023C91098A6641FDAE576674A59CED71">
<enum>
(1)
</enum>
<header>
Criteria
</header>
<text>
The
independent redistricting commission of a State shall develop a redistricting
plan for the State in accordance with the following criteria:
</text>
<subparagraph id="H6A0BABC211E944A3ABC17DC6A0594191">
<enum>
(A)
</enum>
<text>
Adherence to the
<quote>
one person, one vote
</quote>
standard and other requirements imposed
under the Constitution of the United States.
</text>
</subparagraph>
<subparagraph id="H8765F80EC9D64E948A362BBC3388A22A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
To the greatest extent mathematically
possible, ensuring that the population of each Congressional district in the
State does not vary from the population of any other Congressional district in
the State (as determined on the basis of the total count of persons of the most
recent decennial census conducted by the Bureau of the Census).
</text>
</subparagraph>
<subparagraph id="H1D431D6A263C48CD90115E39E9A7A663">
<enum>
(C)
</enum>
<text>
Consistency with
any applicable requirements of the Voting Rights Act of 1965 and other Federal
laws.
</text>
</subparagraph>
<subparagraph id="H8DEE9CDEE5144196AA369123AFD5A051">
<enum>
(D)
</enum>
<text>
To the greatest
extent practicable, the maintenance of the geographic continuity of the
political subdivisions of the State which are included in the same
Congressional district, in the following order of priority:
</text>
<clause id="H1887711550214CC995250C91DDABC788">
<enum>
(i)
</enum>
<text>
The
continuity of counties or parishes.
</text>
</clause>
<clause id="H597391BD9E1C468BAAE7C5ECE4095EDD">
<enum>
(ii)
</enum>
<text>
The
continuity of municipalities.
</text>
</clause>
<clause id="HBDA2BF8C79324169ACEA24B4301632EC">
<enum>
(iii)
</enum>
<text>
The continuity
of neighborhoods (as determined on the basis of census tracts or other relevant
information).
</text>
</clause>
</subparagraph>
<subparagraph id="H08C636DF2489427FB8941ACF1A0E6B0B">
<enum>
(E)
</enum>
<text>
To the greatest
extent practicable, maintaining compact districts (in accordance with such
standards as the commission may establish).
</text>
</subparagraph>
<subparagraph id="H63AD9155224947EDAF924E1F70241AEB">
<enum>
(F)
</enum>
<text>
Ensuring that
districts are contiguous (except to the extent necessary to include any area
which is surrounded by a body of water).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC77B9BB3CCB048A2BD7248B843D52B7D">
<enum>
(2)
</enum>
<header>
Factors
prohibited from consideration
</header>
<text>
In developing the redistricting
plan for the State, the independent redistricting commission may not take into
consideration any of the following factors, except to the extent necessary to
comply with the Voting Rights Act of 1965:
</text>
<subparagraph id="HC0628FC228F04D80B1BA73C427A0F061">
<enum>
(A)
</enum>
<text>
The voting history
of the population of a Congressional district, except that the commission may
take such history into consideration to the extent necessary to comply with any
State law which requires the establishment of competitive Congressional
districts.
</text>
</subparagraph>
<subparagraph id="H7D7C16FB00884F04982DC36E8A37AFF6">
<enum>
(B)
</enum>
<text>
The political
party affiliation of the population of a district.
</text>
</subparagraph>
<subparagraph id="H990E55A850DC40258F2E51145EDD051E">
<enum>
(C)
</enum>
<text>
The residence of
incumbent Members of the House of Representatives in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD22342803C014A85A01DBDA28F06F4DF">
<enum>
(3)
</enum>
<header>
Solicitation of
public input in development of plans
</header>
<text display-inline="yes-display-inline">
The commission shall solicit and take into
consideration comments from the public in developing the redistricting plan for
the State by holding meetings in representative geographic regions of the State
at which members of the public may provide such input, and by otherwise
soliciting input from the public (including redistricting plans developed by
members of the public) through the commission Internet site and other
methods.
</text>
</paragraph>
<paragraph id="H6307FEC3FC73486E96C678782EBA52B3">
<enum>
(4)
</enum>
<header>
Public notice of
plans prior to submission to legislature
</header>
<text display-inline="yes-display-inline">
Not fewer than 7 days prior to submitting a
redistricting plan to the legislature of the State under subsection (c)(1), the
commission shall post on the commission Internet site and cause to have
published in newspapers of general circulation throughout the State a notice
containing the following information:
</text>
<subparagraph id="H878DD6F2BE47446A8F6D6FFFA52A1324">
<enum>
(A)
</enum>
<text>
A detailed version
of the plan, including a map showing each Congressional district established
under the plan and the voting age population by race of each such
district.
</text>
</subparagraph>
<subparagraph id="HC2CFD7407FAE4A09B9B6094B6E5AD4A2">
<enum>
(B)
</enum>
<text>
A statement
providing specific information on how the adoption of the plan would serve the
public interest.
</text>
</subparagraph>
<subparagraph id="HA3EB11981A2C452AB99BA6FD4D707A1D">
<enum>
(C)
</enum>
<text>
Any dissenting
statements of any members of the commission who did not approve of the
submission of the plan to the legislature.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF2D3FE8183094A769450EEB121C37DA9">
<enum>
(c)
</enum>
<header>
Submission of
Plans to Legislature
</header>
<paragraph id="HD95805CF2B884CB5BB73F753E1EADE69">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
At any time prior to the first November 1 which occurs
after the chief executive of the State receives the State apportionment notice,
the commission may submit redistricting plans developed by the commission under
this section to the legislature of the State.
</text>
</paragraph>
<paragraph id="H97D060DB8E83468AB918EA52BF2B29E3">
<enum>
(2)
</enum>
<header>
Consideration of
plan by legislature
</header>
<text>
After receiving any redistricting plan under
paragraph (1), the legislature of a State may—
</text>
<subparagraph id="HD63A984241D7424E874C333C48FD481A">
<enum>
(A)
</enum>
<text>
approve the plan
as submitted by the commission without amendment and forward the plan to the
chief executive of the State; or
</text>
</subparagraph>
<subparagraph id="HBA705BB3E85747628590A2C0A1D533C9">
<enum>
(B)
</enum>
<text>
reject the
plan.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCF62859DAA6241E3B229F124D04A4363">
<enum>
(3)
</enum>
<header>
Enactment of
plan
</header>
<subparagraph id="H31B02217D9294CEEAE78C496D115D911">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
A redistricting plan developed by the commission shall be
considered to be enacted into law only if the plan is forwarded to the chief
executive of the State pursuant to paragraph (2)(A) and—
</text>
<clause id="H16336A000AC44AD88DB326B7C76AC7D4">
<enum>
(i)
</enum>
<text>
the
chief executive approves the plan as forwarded by the legislature without
amendment; or
</text>
</clause>
<clause id="H75B61A244CE34D77AC8850D61CF43CE9">
<enum>
(ii)
</enum>
<text>
the
chief executive vetoes the plan and the legislature overrides the veto in
accordance with the applicable law of the State, except that at no time may the
plan be amended.
</text>
</clause>
</subparagraph>
<subparagraph id="H1030176331154501A104EBF5DA701CD5">
<enum>
(B)
</enum>
<header>
Special
rule
</header>
<text>
In the case of a State in which the chief executive is
prohibited under State law from acting on a redistricting plan, a redistricting
plan developed by the commission shall be considered to be enacted into law
if—
</text>
<clause id="H491E9827996048889E966560F4C9EB6E">
<enum>
(i)
</enum>
<text>
the
plan is submitted to the legislature of the State; and
</text>
</clause>
<clause id="H2D640CB86FC644ABB19519C3AA55736D">
<enum>
(ii)
</enum>
<text>
the
legislature approves the plan as submitted by the commission without
amendment.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H45F20151BB84471595A7F8E821EE0147">
<enum>
(d)
</enum>
<header>
Requiring
Majority Approval For Actions
</header>
<text>
The independent redistricting
commission of a State may not submit a redistricting plan to the State
legislature, or take any other action, without the approval of at least a
majority of its members given at a meeting at which at least a majority of its
members are present.
</text>
</subsection>
<subsection id="H205D399F8A3C4642A9E078AC2BBF3AAC">
<enum>
(e)
</enum>
<header>
Termination
</header>
<paragraph id="H5EEE597D1723454399EFA06FD9E44F22">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The independent redistricting commission of a State shall
terminate on the day after the date of the first regularly scheduled general
election for Federal office which occurs after the chief executive of the State
receives the State apportionment notice.
</text>
</paragraph>
<paragraph id="HAA8E41D29196410D88A80FDD63047696">
<enum>
(2)
</enum>
<header>
Preservation of
records
</header>
<text>
The State shall ensure that the records of the
independent redistricting commission are retained in the appropriate State
archive in such manner as may be necessary to enable the State to respond to
any civil action brought with respect to Congressional redistricting in the
State.
</text>
</paragraph>
</subsection>
</section>
<section id="H88E73F3B1A2D46AFB21BA2FAA4D6B80D">
<enum>
5.
</enum>
<header>
Selection of Plan
by Courts
</header>
<subsection id="HA2AA93335FDC45FA8CD3F1BF6A362832">
<enum>
(a)
</enum>
<header>
State
Court
</header>
<paragraph id="H437EE3FA0AF24AC7B4BE47F34B54068B">
<enum>
(1)
</enum>
<header>
Submission and
selection of plan
</header>
<text>
If a redistricting plan developed by the
independent redistricting commission of a State is not enacted into law under
section 4(c)(3) by the first November 1 which occurs after the chief executive
of the State receives the State apportionment notice, the commission may submit
redistricting plans developed by the commission in accordance with section 4 to
the highest court of the State, which may select and publish one of the
submitted plans to serve as the redistricting plan for the State.
</text>
</paragraph>
<paragraph id="H7C31E349CDD447BF97476E1F6143A2D4">
<enum>
(2)
</enum>
<header>
No modification
of plan permitted
</header>
<text>
The highest court of a State may not modify any
redistricting plan submitted under this subsection.
</text>
</paragraph>
</subsection>
<subsection id="H52816ABE53B74158A5A51C6E45BA8F2C">
<enum>
(b)
</enum>
<header>
Federal
Court
</header>
<paragraph id="H2EC70B8711644CC8B96572614C116CEB">
<enum>
(1)
</enum>
<header>
Failure of State
court to select plan
</header>
<subparagraph id="H4A8F44BE52AB4F78B7F8B8E170CA7077">
<enum>
(A)
</enum>
<header>
Notice to court
if plan not selected by State court
</header>
<text display-inline="yes-display-inline">
If a State court to whom redistricting
plans have been submitted under subsection (a) does not select a plan to serve
as the redistricting plan for the State under such subsection on or before the
first December 1 which occurs after the chief executive of the State receives
the State apportionment notice, the State shall file a notice with the United
States district court for the district in which the capital of the State is
located.
</text>
</subparagraph>
<subparagraph id="HCB2C5322971C4712B2F4B331180919CE">
<enum>
(B)
</enum>
<header>
Development and
selection of plan by Federal court
</header>
<text>
Not later than 30 days after
receiving a notice from a State under subparagraph (A), the court shall develop
and publish a final redistricting plan for the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H011133B8DF7C4B50BA32D9A1504B9739">
<enum>
(2)
</enum>
<header>
Failure of State
to establish commission
</header>
<subparagraph id="HEE36D41D69BE466CB28CF0181FEFDB61">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If a State does not establish an independent
redistricting commission under section 4 by the first September 1 which occurs
after the chief executive of the State receives the State apportionment
notice—
</text>
<clause id="HA4AEA02EF01E48CC93BF649B7B19CCE7">
<enum>
(i)
</enum>
<text>
the
State may not establish the commission; and
</text>
</clause>
<clause id="H946F3F3B6F614E29B11FDB31B4CDC2BA">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the United States district court for the
district in which the capital of the State is located shall develop and publish
a final redistricting plan for the State not later than the first December 1
which occurs after the chief executive of the State receives the State
apportionment notice.
</text>
</clause>
</subparagraph>
<subparagraph id="H231F86C25B1C46C0AC1DB48AAFE15576">
<enum>
(B)
</enum>
<header>
Determination of
failure to establish commission
</header>
<text>
For purposes of subparagraph (A),
a State shall be considered to have failed to establish an independent
redistricting commission by the date referred to in such subparagraph if a
chair of the commission has not been appointed on or before such date.
</text>
</subparagraph>
</paragraph>
<paragraph id="H809B27E97F4446A08186196790DBD787">
<enum>
(3)
</enum>
<header>
Criteria
</header>
<text>
It
is the sense of Congress that, in developing a redistricting plan for a State
under this subsection, the district court should adhere to the same terms and
conditions that applied to the development of the plan of the commission under
section 4(b).
</text>
</paragraph>
</subsection>
<subsection id="H844F63E5649741958066071416F1E39C">
<enum>
(c)
</enum>
<header>
Access to
Information and Records of Commission
</header>
<text>
A court which is required
to select, publish, or develop a redistricting plan for a State under this
section shall have access to any information, data, software, or other records
and material used by the independent redistricting commission of the State in
carrying out its duties under this Act.
</text>
</subsection>
</section>
<section id="H888C2CEB88E54244930F1C7050CB793F">
<enum>
6.
</enum>
<header>
Special Rule For
Redistricting Conducted Under Order of Federal Court
</header>
<text display-inline="no-display-inline">
If a Federal court requires a State to
conduct redistricting subsequent to an apportionment of Representatives in the
State in order to comply with the Constitution or to enforce the
<act-name parsable-cite="VRA65">
Voting Rights Act of 1965
</act-name>
, sections
4 and 5 shall apply with respect to the redistricting, except that—
</text>
<paragraph id="HD1FE188760484438AA7CD82EAF95950C">
<enum>
(1)
</enum>
<text>
the deadline for
the establishment of the independent redistricting commission and the
appointment of the commission’s chair (as described in section 4(a)(5)) shall
be the expiration of the 30-day period which begins on the date of the final
order of the Federal court to conduct the redistricting;
</text>
</paragraph>
<paragraph id="H846B868613064E65B16ABBC5C0A3FBD4">
<enum>
(2)
</enum>
<text>
the deadline for
the submission of redistricting plans to the legislature by the commission, and
the date of the termination of the commission (as described in section 4(c)(1)
and section 4(e)) shall be the expiration of the 150-day period which begins on
the date of the final order of the Federal court to conduct the
redistricting;
</text>
</paragraph>
<paragraph id="HF5F0D7B978A847EB96C057884972DECF">
<enum>
(3)
</enum>
<text>
the deadline for
the selection and publication of the plan by the highest court of the State (as
described in section 5(a)) shall be the expiration of the 180-day period which
begins on the date of the final order of the Federal court to conduct the
redistricting; and
</text>
</paragraph>
<paragraph id="H2DAB68B8D2DD4A2CAFE573AAE5DA82D7">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
the deadline for the selection and
publication of the plan by the district court of the United States (as
described in section 5(b)) shall be the expiration of the 210-day period which
begins on the date of the final order of the Federal court to conduct the
redistricting.
</text>
</paragraph>
</section>
<section id="H5AC9C2DF77064F30A1725FBE776928F1">
<enum>
7.
</enum>
<header>
Payments to
States For carrying out Redistricting
</header>
<subsection id="HA2EE22A28E454EB7B561F8B2D86C7C8E">
<enum>
(a)
</enum>
<header>
Authorization of
Payments
</header>
<text>
Subject to subsection (d), not later than 30 days after
a State receives a State apportionment notice, the Election Assistance
Commission shall make a payment to the State in an amount equal to the product
of—
</text>
<paragraph id="H07F38DA29049489C9F0A868183D16425">
<enum>
(1)
</enum>
<text>
the number of
Representatives to which the State is entitled, as provided under the notice;
and
</text>
</paragraph>
<paragraph id="HDAA799E3604E4A7EAAF1B277852274AD">
<enum>
(2)
</enum>
<text>
$150,000.
</text>
</paragraph>
</subsection>
<subsection id="H616012FA5DE74C36B87ABC3DC009D0DC">
<enum>
(b)
</enum>
<header>
Use of
Funds
</header>
<text>
A State shall use the payment made under this section to
establish and operate the State’s independent redistricting commission, to
implement the State redistricting plan, and to otherwise carry out
Congressional redistricting in the State.
</text>
</subsection>
<subsection id="H6177E6ACF6374FA29943C99DE858EE47">
<enum>
(c)
</enum>
<header>
No Payment to
States With Single Member
</header>
<text>
The Election Assistance Commission
shall not make a payment under this section to any State which is not entitled
to more than one Representative under its State apportionment notice.
</text>
</subsection>
<subsection id="H86612181611E4CCDA4BF510D8FE989F0">
<enum>
(d)
</enum>
<header>
Requiring
Establishment of Commission as Condition of Payment
</header>
<text>
The Election
Assistance Commission may not make a payment to a State under this section
until the State certifies to the Commission that the State has established an
independent redistricting commission, and that a chair of the commission has
been appointed, in accordance with section 4.
</text>
</subsection>
<subsection id="H0C10387E6D7C472C9902D095D4998933">
<enum>
(e)
</enum>
<header>
Authorization of
Appropriations
</header>
<text display-inline="yes-display-inline">
There are
authorized to be appropriated such sums as may be necessary for payments under
this section.
</text>
</subsection>
</section>
<section id="HE30CD9D31EDF4A28A34B7DC17DE3ABCF">
<enum>
8.
</enum>
<header>
State
Apportionment Notice Defined
</header>
<text display-inline="no-display-inline">
In this Act, the
<term>
State apportionment
notice
</term>
means, with respect to a State, the notice sent to the State from
the Clerk of the House of Representatives under section 22(b) of the Act
entitled
<quote>
An Act to provide for the fifteenth and subsequent decennial
censuses and to provide for an apportionment of Representatives in
Congress
</quote>
, approved June 18, 1929 (
<external-xref legal-doc="usc" parsable-cite="usc/2/2a">
2 U.S.C. 2a
</external-xref>
), of the number of
Representatives to which the State is entitled.
</text>
</section>
<section id="H87293D54DF544B5DAE8BA3F170D0B456">
<enum>
9.
</enum>
<header>
No
Effect on Elections for State and Local Office
</header>
<text display-inline="no-display-inline">
Nothing in this Act or in any amendment made
by this Act may be construed to affect the manner in which a State carries out
elections for State or local office, including the process by which a State
establishes the districts used in such elections.
</text>
</section>
<section id="H5F6928678E9E4ACFB663BAE82354FC8D">
<enum>
10.
</enum>
<header>
Effective
Date
</header>
<text display-inline="no-display-inline">
This Act and the
amendments made by this Act shall apply with respect to any Congressional
redistricting which occurs after the regular decennial census conducted during
2020.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 223 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Barrow introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes.
1. Short Title; Finding of Constitutional Authority (a) Short Title This Act may be cited as the John Tanner Fairness and Independence in Redistricting Act . (b) Finding Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Limit on congressional redistricting after an apportionment The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ). . 3. Requiring Redistricting to be Conducted Through Plan of Independent State Commission or Plan of Highest State Court (a) Use of Plan Required (1) In general Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with— (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 4; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 5. (2) Other criteria and procedures permitted Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming Amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting: in the manner provided by the John Tanner Fairness and Independence in Redistricting Act . 4. Independent Redistricting Commission (a) Administrative Matters (1) Appointment of members Each State shall establish an independent redistricting commission composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 1) from each of the following categories: (i) Members appointed by a member of the upper house of the State legislature who represents the political party with the greatest number of seats in that house. (ii) Members appointed by a member of the upper house of the State legislature who represents the political party with the second greatest number of seats in that house. (iii) Members appointed by a member of the lower house of the State legislature who represents the political party with the greatest number of seats in that house. (iv) Members appointed by a member of the lower house of the State legislature who represents the political party with the second greatest number of seats in that house. (2) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 2) from each of the following categories: (i) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the greatest number of votes on average in the 3 most recent general elections for that office. (ii) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the second greatest number of votes on average in the 3 most recent general elections for that office. (3) Eligibility An individual is eligible to serve as a member of an independent redistricting commission if— (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, or serve as an employee of a political party or candidate for election for public office, at any time during the 4-year period ending on the December 31 preceding the date of appointment; and (C) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ). (4) Vacancy A vacancy in the commission shall be filled in the manner in which the original appointment was made. (5) Deadline Each State shall establish a commission under this section, and the members of the commission shall appoint the commission’s chair, not later than the first February 1 which occurs after the chief executive of a State receives the State apportionment notice. (6) Appointment of chair required prior to development of redistricting plan The commission may not take any action to develop a redistricting plan for the State under subsection (b) until the appointment of the commission’s chair in accordance with paragraph (1)(E). (7) Requiring all meetings to be open to public The commission shall hold each of its meetings in public. (8) Internet site As soon as practicable after establishing the commission, the State shall establish and maintain a public Internet site for the commission which meets the following requirements: (A) The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. (B) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (C) The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). (D) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission’s activities. (b) Development of Redistricting Plan (1) Criteria The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the one person, one vote standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district, in the following order of priority: (i) The continuity of counties or parishes. (ii) The continuity of municipalities. (iii) The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). (E) To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). (F) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (2) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Solicitation of public input in development of plans The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission Internet site and other methods. (4) Public notice of plans prior to submission to legislature Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission Internet site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: (A) A detailed version of the plan, including a map showing each Congressional district established under the plan and the voting age population by race of each such district. (B) A statement providing specific information on how the adoption of the plan would serve the public interest. (C) Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. (c) Submission of Plans to Legislature (1) In general At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature After receiving any redistricting plan under paragraph (1), the legislature of a State may— (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan (A) In general A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and— (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if— (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. (d) Requiring Majority Approval For Actions The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (e) Termination (1) In general The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. 5. Selection of Plan by Courts (a) State Court (1) Submission and selection of plan If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 4(c)(3) by the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 4 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal Court (1) Failure of State court to select plan (A) Notice to court if plan not selected by State court If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by Federal court Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of State to establish commission (A) In general If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice— (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 4(b). (c) Access to Information and Records of Commission A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. 6. Special Rule For Redistricting Conducted Under Order of Federal Court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 , sections 4 and 5 shall apply with respect to the redistricting, except that— (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission’s chair (as described in section 4(a)(5)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(c)(1) and section 4(e)) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 5(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 5(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. 7. Payments to States For carrying out Redistricting (a) Authorization of Payments Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No Payment to States With Single Member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 8. State Apportionment Notice Defined In this Act, the State apportionment notice means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 9. No Effect on Elections for State and Local Office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 10. Effective Date This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020. |
113-hr-224-ih-dtd | 113-hr-224 | 113 | hr | 224 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr224ih.xml | BILLS-113hr224ih.xml | 2023-01-08 17:42:34.604 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H0EF66A3141574CDB9B3E12C603015045" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 224 IH: Stop Tenant Organizing Promotion Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-14
</dc:date>
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text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 224
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130114">
January 14, 2013
</action-date>
<action-desc>
<sponsor name-id="B001273">
Mrs. Black
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To terminate the authority of the Secretary of Housing
and Urban Development to provide assistance under the Tenant Resource Network
Program.
</official-title>
</form>
<legis-body id="H404BB19E08564057A69119907127E6A8" style="OLC">
<section id="H66674E3C9C9F483AB98D07A37F81E6EA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Stop Tenant Organizing Promotion
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H009350974CE94B6EA4533B3FB0E28D16">
<enum>
2.
</enum>
<header>
Termination of
authority to provide assistance under the Tenant Resource Network
Program
</header>
<subsection id="H441DD28598BD4D04B62FF53F0E77B0D2">
<enum>
(a)
</enum>
<header>
Termination of
authority
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of law, after the date of the enactment of this Act, the
Secretary of Housing and Urban Development may not carry out, support, or
otherwise provide any assistance to the Tenant Resource Network Program
authorized under section 514(f)(3) of the Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act,
1998 (
<external-xref legal-doc="public-law" parsable-cite="pl/105/65">
Public Law 105–65
</external-xref>
; 111 Stat. 1392).
</text>
</subsection>
<subsection id="H46EF9EC7364545499D63C8EDDBE06E3A">
<enum>
(b)
</enum>
<header>
Repeal of
funding provision for the Tenant Resource Network Program
</header>
<text display-inline="yes-display-inline">
Section 514(f)(3) of the Department of
Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1998 is repealed.
</text>
</subsection>
<subsection id="H4347941BBF054D3C8B6C0BABB804B1DD">
<enum>
(c)
</enum>
<header>
Deficit
reduction
</header>
<text display-inline="yes-display-inline">
Any funds made
available under section 514(f)(3) of the Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act,
1998 that have been allocated for use, but not yet obligated as of the date of
the enactment of this Act, for the Tenant Resource Network Program shall not be
available for obligation or expenditure under such Program, but should be
covered into the General Fund of the Treasury and should be used only for
reducing the budget deficit of the Federal Government.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 224 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on Financial Services A BILL To terminate the authority of the Secretary of Housing and Urban Development to provide assistance under the Tenant Resource Network Program.
1. Short title This Act may be cited as the Stop Tenant Organizing Promotion Act . 2. Termination of authority to provide assistance under the Tenant Resource Network Program (a) Termination of authority Notwithstanding any other provision of law, after the date of the enactment of this Act, the Secretary of Housing and Urban Development may not carry out, support, or otherwise provide any assistance to the Tenant Resource Network Program authorized under section 514(f)(3) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 ( Public Law 105–65 ; 111 Stat. 1392). (b) Repeal of funding provision for the Tenant Resource Network Program Section 514(f)(3) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 is repealed. (c) Deficit reduction Any funds made available under section 514(f)(3) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 that have been allocated for use, but not yet obligated as of the date of the enactment of this Act, for the Tenant Resource Network Program shall not be available for obligation or expenditure under such Program, but should be covered into the General Fund of the Treasury and should be used only for reducing the budget deficit of the Federal Government. |
113-hr-225-eh-dtd | 113-hr-225 | 113 | hr | 225 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr225eh.xml | BILLS-113hr225eh.xml | 2023-01-08 17:39:47.436 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Engrossed-in-House" bill-type="olc" dms-id="HEB15A5C1F84642068621A3CC1BA6C2EC" public-private="public" stage-count="1">
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<dublinCore>
<dc:title>
113 HR 225 EH: National Pediatric Research Network Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 225
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions.
</official-title>
</form>
<legis-body id="HAE8A02C564F74D45AB3401EB2F56D19A" style="OLC">
<section id="HAC2C2AF31A5A4757A721CBE21D963926" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Pediatric Research Network Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF27F42EBDB8545D8880756EF4667C162">
<enum>
2.
</enum>
<header>
National Pediatric Research Network
</header>
<text display-inline="no-display-inline">
Section 409D of the Public Health Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/284h">
42 U.S.C. 284h
</external-xref>
; relating to the Pediatric Research Initiative) is amended—
</text>
<paragraph id="HE056854A9FC64D56A3AEF126B380FFF8">
<enum>
(1)
</enum>
<text>
by redesignating subsection (d) as subsection (f); and
</text>
</paragraph>
<paragraph id="HCB97A1D83E9A4ABDBD0D571B8808A5C0">
<enum>
(2)
</enum>
<text>
by inserting after subsection (c) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8C63E4E367C346FDAB140266A9F73C0B" style="OLC">
<subsection id="H64AE1DD19A474B1FA708DBC9421C5EFC">
<enum>
(d)
</enum>
<header>
National Pediatric Research Network
</header>
<paragraph id="H232E66415814467E9654E34ACA1F4E91">
<enum>
(1)
</enum>
<header>
Network
</header>
<text>
In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2).
</text>
</paragraph>
<paragraph id="H4FA86B31C09F4F0896795FBE60609BFC">
<enum>
(2)
</enum>
<header>
Pediatric research consortia
</header>
<subparagraph commented="no" id="HCAC325CD23E24E088DDE9649BD67F328">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The Director of the Institute may award funding, including through grants, contracts, or other mechanisms, to public or private nonprofit entities—
</text>
<clause id="HD49BE3FF1F4B41FB84F2E1E6952E764F">
<enum>
(i)
</enum>
<text>
for planning, establishing, or strengthening pediatric research consortia; and
</text>
</clause>
<clause id="H226FE7ACC7A54C8DB4346F5B1A36B04C">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
for providing basic operating support for such consortia, including with respect to—
</text>
<subclause id="H2944534EEE4E4D29B49BB90D7C84A6D2">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and
</text>
</subclause>
<subclause id="HF416354F70DF43CFB5E34E440A1EE515">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
training researchers in pediatric research techniques in order to address unmet pediatric research needs.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H647EF1407D7D4651B047210D36C605AC">
<enum>
(B)
</enum>
<header>
Research
</header>
<text>
The Director of NIH shall ensure that—
</text>
<clause commented="no" id="H6961FC0AB26540F1B0A896F16B320AB7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and
</text>
</clause>
<clause commented="no" id="H0931934D2262453FB1A5BC01827518B6">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
one or more such consortia provide training described in subparagraph (A)(ii)(II).
</text>
</clause>
</subparagraph>
<subparagraph id="H465DCA1A8C3147BB9782C36FD5D5C756">
<enum>
(C)
</enum>
<header>
Number of consortia
</header>
<text>
The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia.
</text>
</subparagraph>
<subparagraph id="H31911DC8DA234B7D9F34E42A16767A3B">
<enum>
(D)
</enum>
<header>
Organization of consortium
</header>
<text>
Each consortium receiving an award under subparagraph (A) shall—
</text>
<clause id="H553C909BB6F447189FFCAD4512F5D02A">
<enum>
(i)
</enum>
<text>
be formed from a collaboration of cooperating institutions;
</text>
</clause>
<clause id="H636DF16C08D5485982176AF14E6A7AE5">
<enum>
(ii)
</enum>
<text>
be coordinated by a lead institution;
</text>
</clause>
<clause id="H275A686158D546F8A232C4C072956945">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
agree to disseminate scientific findings, including from clinical trials, rapidly and efficiently; and
</text>
</clause>
<clause id="H593BD01D19CC40E497B89140BFE4A12C">
<enum>
(iv)
</enum>
<text>
meet such requirements as may be prescribed by the Director of NIH.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H12B337DA7419498BA3194130C8B18123">
<enum>
(E)
</enum>
<header>
Supplement, not supplant
</header>
<text display-inline="yes-display-inline">
Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph.
</text>
</subparagraph>
<subparagraph commented="no" id="HF01C9A23691841AEA1DB2CA5AE38A319">
<enum>
(F)
</enum>
<header>
Duration of support
</header>
<text display-inline="yes-display-inline">
Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended at the discretion of the Director of NIH.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B8B2E320B3E4345B62298CE200B9B3A">
<enum>
(3)
</enum>
<header>
Coordination of consortia activities
</header>
<text>
The Director of NIH shall—
</text>
<subparagraph id="H6075C120010644E3AAFB1BA6F54D308A">
<enum>
(A)
</enum>
<text>
as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and
</text>
</subparagraph>
<subparagraph id="HCD222F42376749B5A8710E2104A8F504">
<enum>
(B)
</enum>
<text>
require the periodic preparation and submission to the Director of reports on the activities of each such consortium.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B06C9F91E344EAEAE31F50D0F0C621D">
<enum>
(4)
</enum>
<header>
Assistance with registries
</header>
<text display-inline="yes-display-inline">
Each consortium receiving an award under paragraph (2)(A) shall provide assistance to the Centers for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems as appropriate and upon request by the Director of the Centers.
</text>
</paragraph>
</subsection>
<subsection id="H736B489910B94FA4A116B6498A50B243">
<enum>
(e)
</enum>
<header>
Research on pediatric rare diseases or conditions
</header>
<paragraph id="H68F36BEABC62452F9CB4D27E76C8227D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to—
</text>
<subparagraph id="HAEFAE22A01DB4D988881D426CEC1F7EC">
<enum>
(A)
</enum>
<text>
focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); and
</text>
</subparagraph>
<subparagraph id="H40DED7F3A3F54E75A9317ADCF11CE8F3">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6BC6115C75C049C89E20757AC04037AC">
<enum>
(2)
</enum>
<header>
Data coordinating center
</header>
<subparagraph id="H4E8F354573DE4B9BB530B56F18D050F9">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes:
</text>
<clause id="H2CC8D47E4D954BC081EF162D39563C0B">
<enum>
(i)
</enum>
<text>
To distribute the scientific findings referred to in paragraph (1)(C).
</text>
</clause>
<clause display-inline="no-display-inline" id="H8FE1A0E28B2F4A77AAC4541F9FB7670B">
<enum>
(ii)
</enum>
<text>
To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects.
</text>
</clause>
<clause id="H58A98EE79C7E4B87B7A502371CF8379E">
<enum>
(iii)
</enum>
<text>
To organize and conduct multisite monitoring activities.
</text>
</clause>
</subparagraph>
<subparagraph id="H3FECC2FD58F14CDDB77F888F365AB8C3">
<enum>
(B)
</enum>
<header>
Reporting
</header>
<text display-inline="yes-display-inline">
The Director of NIH shall—
</text>
<clause id="H000E99A454074F1FA62BE8C5DA461728">
<enum>
(i)
</enum>
<text>
require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and
</text>
</clause>
<clause id="H4497466024C64D219EDFEC52B149390A">
<enum>
(ii)
</enum>
<text>
as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130204">
Passed the House of Representatives February 4, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 225 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions.
1. Short title This Act may be cited as the National Pediatric Research Network Act of 2013 . 2. National Pediatric Research Network Section 409D of the Public Health Service Act ( 42 U.S.C. 284h ; relating to the Pediatric Research Initiative) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: (d) National Pediatric Research Network (1) Network In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2). (2) Pediatric research consortia (A) In general The Director of the Institute may award funding, including through grants, contracts, or other mechanisms, to public or private nonprofit entities— (i) for planning, establishing, or strengthening pediatric research consortia; and (ii) for providing basic operating support for such consortia, including with respect to— (I) basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and (II) training researchers in pediatric research techniques in order to address unmet pediatric research needs. (B) Research The Director of NIH shall ensure that— (i) each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and (ii) one or more such consortia provide training described in subparagraph (A)(ii)(II). (C) Number of consortia The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia. (D) Organization of consortium Each consortium receiving an award under subparagraph (A) shall— (i) be formed from a collaboration of cooperating institutions; (ii) be coordinated by a lead institution; (iii) agree to disseminate scientific findings, including from clinical trials, rapidly and efficiently; and (iv) meet such requirements as may be prescribed by the Director of NIH. (E) Supplement, not supplant Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (F) Duration of support Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended at the discretion of the Director of NIH. (3) Coordination of consortia activities The Director of NIH shall— (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and (B) require the periodic preparation and submission to the Director of reports on the activities of each such consortium. (4) Assistance with registries Each consortium receiving an award under paragraph (2)(A) shall provide assistance to the Centers for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems as appropriate and upon request by the Director of the Centers. (e) Research on pediatric rare diseases or conditions (1) In general In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to— (A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); and (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions. (2) Data coordinating center (A) Establishment In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (B) Reporting The Director of NIH shall— (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403. .
Passed the House of Representatives February 4, 2013. Karen L. Haas, Clerk. |
113-hr-225-ih-dtd | 113-hr-225 | 113 | hr | 225 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr225ih.xml | BILLS-113hr225ih.xml | 2023-01-08 17:42:34.966 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HEB15A5C1F84642068621A3CC1BA6C2EC" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 225 IH: National Pediatric Research Network Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-01-14
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 225
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130114">
January 14, 2013
</action-date>
<action-desc>
<sponsor name-id="C001036">
Mrs. Capps
</sponsor>
(for
herself,
<cosponsor name-id="M001159">
Mrs. McMorris Rodgers
</cosponsor>
,
<cosponsor name-id="D000197">
Ms. DeGette
</cosponsor>
,
<cosponsor name-id="H001045">
Mr. Harper
</cosponsor>
,
<cosponsor name-id="M001163">
Ms. Matsui
</cosponsor>
, and
<cosponsor name-id="K000210">
Mr. King of New York
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title IV of the Public Health Service Act to
provide for a National Pediatric Research Network, including with respect to
pediatric rare diseases or conditions.
</official-title>
</form>
<legis-body id="HAE8A02C564F74D45AB3401EB2F56D19A" style="OLC">
<section id="HAC2C2AF31A5A4757A721CBE21D963926" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Pediatric Research Network
Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF27F42EBDB8545D8880756EF4667C162">
<enum>
2.
</enum>
<header>
National
Pediatric Research Network
</header>
<text display-inline="no-display-inline">
Section 409D of the Public Health Service
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/284h">
42 U.S.C. 284h
</external-xref>
; relating to the Pediatric Research Initiative) is
amended—
</text>
<paragraph id="HE056854A9FC64D56A3AEF126B380FFF8">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (d) as subsection (f); and
</text>
</paragraph>
<paragraph id="HCB97A1D83E9A4ABDBD0D571B8808A5C0">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (c) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8C63E4E367C346FDAB140266A9F73C0B" style="OLC">
<subsection id="H64AE1DD19A474B1FA708DBC9421C5EFC">
<enum>
(d)
</enum>
<header>
National
Pediatric Research Network
</header>
<paragraph id="H232E66415814467E9654E34ACA1F4E91">
<enum>
(1)
</enum>
<header>
Network
</header>
<text>
In
carrying out the Initiative, the Director of NIH, acting through the Director
of the Eunice Kennedy Shriver National Institute of Child Health and Human
Development and in collaboration with other appropriate national research
institutes and national centers that carry out activities involving pediatric
research, may provide for the establishment of a National Pediatric Research
Network consisting of the pediatric research consortia receiving awards under
paragraph (2).
</text>
</paragraph>
<paragraph id="H4FA86B31C09F4F0896795FBE60609BFC">
<enum>
(2)
</enum>
<header>
Pediatric
research consortia
</header>
<subparagraph commented="no" id="HCAC325CD23E24E088DDE9649BD67F328">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Director of the
Institute may award funding, including through grants, contracts, or other
mechanisms, to public or private nonprofit entities—
</text>
<clause id="HD49BE3FF1F4B41FB84F2E1E6952E764F">
<enum>
(i)
</enum>
<text>
for planning,
establishing, or strengthening pediatric research consortia; and
</text>
</clause>
<clause id="H226FE7ACC7A54C8DB4346F5B1A36B04C">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
for providing basic operating support for
such consortia, including with respect to—
</text>
<subclause id="H2944534EEE4E4D29B49BB90D7C84A6D2">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
basic, clinical, behavioral, or
translational research to meet unmet needs for pediatric research; and
</text>
</subclause>
<subclause id="HF416354F70DF43CFB5E34E440A1EE515">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
training researchers in pediatric research
techniques in order to address unmet pediatric research needs.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H647EF1407D7D4651B047210D36C605AC">
<enum>
(B)
</enum>
<header>
Research
</header>
<text>
The
Director of NIH shall ensure that—
</text>
<clause commented="no" id="H6961FC0AB26540F1B0A896F16B320AB7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
each consortium receiving an award under
subparagraph (A) conducts or supports at least one category of research
described in subparagraph (A)(ii)(I) and collectively such consortia conduct or
support all such categories of research; and
</text>
</clause>
<clause commented="no" id="H0931934D2262453FB1A5BC01827518B6">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
one or more such consortia provide training
described in subparagraph (A)(ii)(II).
</text>
</clause>
</subparagraph>
<subparagraph id="H465DCA1A8C3147BB9782C36FD5D5C756">
<enum>
(C)
</enum>
<header>
Number of
consortia
</header>
<text>
The Director of NIH may make awards under this
paragraph for not more than 20 pediatric research consortia.
</text>
</subparagraph>
<subparagraph id="H31911DC8DA234B7D9F34E42A16767A3B">
<enum>
(D)
</enum>
<header>
Organization of
consortium
</header>
<text>
Each consortium receiving an award under subparagraph
(A) shall—
</text>
<clause id="H553C909BB6F447189FFCAD4512F5D02A">
<enum>
(i)
</enum>
<text>
be
formed from a collaboration of cooperating institutions;
</text>
</clause>
<clause id="H636DF16C08D5485982176AF14E6A7AE5">
<enum>
(ii)
</enum>
<text>
be coordinated by
a lead institution;
</text>
</clause>
<clause id="H275A686158D546F8A232C4C072956945">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
agree to disseminate scientific findings,
including from clinical trials, rapidly and efficiently; and
</text>
</clause>
<clause id="H593BD01D19CC40E497B89140BFE4A12C">
<enum>
(iv)
</enum>
<text>
meet such
requirements as may be prescribed by the Director of NIH.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H12B337DA7419498BA3194130C8B18123">
<enum>
(E)
</enum>
<header>
Supplement, not
supplant
</header>
<text display-inline="yes-display-inline">
Any support received
by a consortium under subparagraph (A) shall be used to supplement, and not
supplant, other public or private support for activities authorized to be
supported under this paragraph.
</text>
</subparagraph>
<subparagraph commented="no" id="HF01C9A23691841AEA1DB2CA5AE38A319">
<enum>
(F)
</enum>
<header>
Duration of
support
</header>
<text display-inline="yes-display-inline">
Support of a
consortium under subparagraph (A) may be for a period of not to exceed 5 years.
Such period may be extended at the discretion of the Director of NIH.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B8B2E320B3E4345B62298CE200B9B3A">
<enum>
(3)
</enum>
<header>
Coordination of
consortia activities
</header>
<text>
The Director of NIH shall—
</text>
<subparagraph id="H6075C120010644E3AAFB1BA6F54D308A">
<enum>
(A)
</enum>
<text>
as appropriate,
provide for the coordination of activities (including the exchange of
information and regular communication) among the consortia established pursuant
to paragraph (2); and
</text>
</subparagraph>
<subparagraph id="HCD222F42376749B5A8710E2104A8F504">
<enum>
(B)
</enum>
<text>
require the
periodic preparation and submission to the Director of reports on the
activities of each such consortium.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B06C9F91E344EAEAE31F50D0F0C621D">
<enum>
(4)
</enum>
<header>
Assistance with
registries
</header>
<text display-inline="yes-display-inline">
Each consortium
receiving an award under paragraph (2)(A) shall provide assistance to the
Centers for Disease Control and Prevention in the establishment or expansion of
patient registries and other surveillance systems as appropriate and upon
request by the Director of the Centers.
</text>
</paragraph>
</subsection>
<subsection id="H736B489910B94FA4A116B6498A50B243">
<enum>
(e)
</enum>
<header>
Research on
pediatric rare diseases or conditions
</header>
<paragraph id="H68F36BEABC62452F9CB4D27E76C8227D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In making awards
under subsection (d)(2) for pediatric research consortia, the Director of NIH
shall ensure that an appropriate number of such awards are awarded to such
consortia that agree to—
</text>
<subparagraph id="HAEFAE22A01DB4D988881D426CEC1F7EC">
<enum>
(A)
</enum>
<text>
focus primarily on
pediatric rare diseases or conditions (including any such diseases or
conditions that are genetic disorders (such as spinal muscular atrophy and
Duchenne muscular dystrophy) or are related to birth defects (such as Down
syndrome and fragile X)); and
</text>
</subparagraph>
<subparagraph id="H40DED7F3A3F54E75A9317ADCF11CE8F3">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the prevention, diagnosis,
or treatment of one or more pediatric rare diseases or conditions.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6BC6115C75C049C89E20757AC04037AC">
<enum>
(2)
</enum>
<header>
Data
coordinating center
</header>
<subparagraph id="H4E8F354573DE4B9BB530B56F18D050F9">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
In
connection with support of consortia described in paragraph (1), the Director
of NIH shall establish a data coordinating center for the following
purposes:
</text>
<clause id="H2CC8D47E4D954BC081EF162D39563C0B">
<enum>
(i)
</enum>
<text>
To
distribute the scientific findings referred to in paragraph (1)(C).
</text>
</clause>
<clause display-inline="no-display-inline" id="H8FE1A0E28B2F4A77AAC4541F9FB7670B">
<enum>
(ii)
</enum>
<text>
To provide
assistance in the design and conduct of collaborative research projects and the
management, analysis, and storage of data associated with such projects.
</text>
</clause>
<clause id="H58A98EE79C7E4B87B7A502371CF8379E">
<enum>
(iii)
</enum>
<text>
To organize and
conduct multisite monitoring activities.
</text>
</clause>
</subparagraph>
<subparagraph id="H3FECC2FD58F14CDDB77F888F365AB8C3">
<enum>
(B)
</enum>
<header>
Reporting
</header>
<text display-inline="yes-display-inline">
The Director of NIH shall—
</text>
<clause id="H000E99A454074F1FA62BE8C5DA461728">
<enum>
(i)
</enum>
<text>
require the data
coordinating center established under subparagraph (A) to provide regular
reports to the Director of NIH and the Commissioner of Food and Drugs on
research conducted by consortia described in paragraph (1), including
information on enrollment in clinical trials and the allocation of resources
with respect to such research; and
</text>
</clause>
<clause id="H4497466024C64D219EDFEC52B149390A">
<enum>
(ii)
</enum>
<text>
as appropriate,
incorporate information reported under clause (i) into the Director’s biennial
reports under section
403.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 225 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Capps (for herself, Mrs. McMorris Rodgers , Ms. DeGette , Mr. Harper , Ms. Matsui , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions.
1. Short title This Act may be cited as the National Pediatric Research Network Act of 2013 . 2. National Pediatric Research Network Section 409D of the Public Health Service Act ( 42 U.S.C. 284h ; relating to the Pediatric Research Initiative) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: (d) National Pediatric Research Network (1) Network In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2). (2) Pediatric research consortia (A) In general The Director of the Institute may award funding, including through grants, contracts, or other mechanisms, to public or private nonprofit entities— (i) for planning, establishing, or strengthening pediatric research consortia; and (ii) for providing basic operating support for such consortia, including with respect to— (I) basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and (II) training researchers in pediatric research techniques in order to address unmet pediatric research needs. (B) Research The Director of NIH shall ensure that— (i) each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and (ii) one or more such consortia provide training described in subparagraph (A)(ii)(II). (C) Number of consortia The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia. (D) Organization of consortium Each consortium receiving an award under subparagraph (A) shall— (i) be formed from a collaboration of cooperating institutions; (ii) be coordinated by a lead institution; (iii) agree to disseminate scientific findings, including from clinical trials, rapidly and efficiently; and (iv) meet such requirements as may be prescribed by the Director of NIH. (E) Supplement, not supplant Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (F) Duration of support Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended at the discretion of the Director of NIH. (3) Coordination of consortia activities The Director of NIH shall— (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and (B) require the periodic preparation and submission to the Director of reports on the activities of each such consortium. (4) Assistance with registries Each consortium receiving an award under paragraph (2)(A) shall provide assistance to the Centers for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems as appropriate and upon request by the Director of the Centers. (e) Research on pediatric rare diseases or conditions (1) In general In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to— (A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); and (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions. (2) Data coordinating center (A) Establishment In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (B) Reporting The Director of NIH shall— (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403. . |
113-hr-225-rfs-dtd | 113-hr-225 | 113 | hr | 225 | rfs | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr225rfs.xml | BILLS-113hr225rfs.xml | 2023-01-08 17:39:47.196 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Referred-in-Senate" bill-type="olc" dms-id="HEB15A5C1F84642068621A3CC1BA6C2EC" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 225 : National Pediatric Research Network Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-07
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IIB
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 225
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED
STATES
</current-chamber>
<action>
<action-date date="20130207">
February 7, 2013
</action-date>
<action-desc>
Received; read twice and referred to the
<committee-name committee-id="SSHR00">
Committee on Health, Education, Labor,
and Pensions
</committee-name>
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To amend title IV of the Public Health
Service Act to provide for a National Pediatric Research Network, including
with respect to pediatric rare diseases or conditions.
</official-title>
</form>
<legis-body id="HAE8A02C564F74D45AB3401EB2F56D19A" style="OLC">
<section id="HAC2C2AF31A5A4757A721CBE21D963926" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
National Pediatric Research Network
Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF27F42EBDB8545D8880756EF4667C162">
<enum>
2.
</enum>
<header>
National
Pediatric Research Network
</header>
<text display-inline="no-display-inline">
Section 409D of the Public Health Service
Act (42 U.S.C.
284h; relating to the Pediatric Research Initiative) is
amended—
</text>
<paragraph id="HE056854A9FC64D56A3AEF126B380FFF8">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (d) as subsection (f); and
</text>
</paragraph>
<paragraph id="HCB97A1D83E9A4ABDBD0D571B8808A5C0">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (c) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8C63E4E367C346FDAB140266A9F73C0B" style="OLC">
<subsection id="H64AE1DD19A474B1FA708DBC9421C5EFC">
<enum>
(d)
</enum>
<header>
National
Pediatric Research Network
</header>
<paragraph id="H232E66415814467E9654E34ACA1F4E91">
<enum>
(1)
</enum>
<header>
Network
</header>
<text>
In
carrying out the Initiative, the Director of NIH, acting through the Director
of the Eunice Kennedy Shriver National Institute of Child Health and Human
Development and in collaboration with other appropriate national research
institutes and national centers that carry out activities involving pediatric
research, may provide for the establishment of a National Pediatric Research
Network consisting of the pediatric research consortia receiving awards under
paragraph (2).
</text>
</paragraph>
<paragraph id="H4FA86B31C09F4F0896795FBE60609BFC">
<enum>
(2)
</enum>
<header>
Pediatric
research consortia
</header>
<subparagraph commented="no" id="HCAC325CD23E24E088DDE9649BD67F328">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Director of the
Institute may award funding, including through grants, contracts, or other
mechanisms, to public or private nonprofit entities—
</text>
<clause id="HD49BE3FF1F4B41FB84F2E1E6952E764F">
<enum>
(i)
</enum>
<text>
for planning,
establishing, or strengthening pediatric research consortia; and
</text>
</clause>
<clause id="H226FE7ACC7A54C8DB4346F5B1A36B04C">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
for providing basic operating support for
such consortia, including with respect to—
</text>
<subclause id="H2944534EEE4E4D29B49BB90D7C84A6D2">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
basic, clinical, behavioral, or
translational research to meet unmet needs for pediatric research; and
</text>
</subclause>
<subclause id="HF416354F70DF43CFB5E34E440A1EE515">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
training researchers in pediatric research
techniques in order to address unmet pediatric research needs.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H647EF1407D7D4651B047210D36C605AC">
<enum>
(B)
</enum>
<header>
Research
</header>
<text>
The
Director of NIH shall ensure that—
</text>
<clause commented="no" id="H6961FC0AB26540F1B0A896F16B320AB7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
each consortium receiving an award under
subparagraph (A) conducts or supports at least one category of research
described in subparagraph (A)(ii)(I) and collectively such consortia conduct or
support all such categories of research; and
</text>
</clause>
<clause commented="no" id="H0931934D2262453FB1A5BC01827518B6">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
one or more such consortia provide training
described in subparagraph (A)(ii)(II).
</text>
</clause>
</subparagraph>
<subparagraph id="H465DCA1A8C3147BB9782C36FD5D5C756">
<enum>
(C)
</enum>
<header>
Number of
consortia
</header>
<text>
The Director of NIH may make awards under this
paragraph for not more than 20 pediatric research consortia.
</text>
</subparagraph>
<subparagraph id="H31911DC8DA234B7D9F34E42A16767A3B">
<enum>
(D)
</enum>
<header>
Organization of
consortium
</header>
<text>
Each consortium receiving an award under subparagraph
(A) shall—
</text>
<clause id="H553C909BB6F447189FFCAD4512F5D02A">
<enum>
(i)
</enum>
<text>
be
formed from a collaboration of cooperating institutions;
</text>
</clause>
<clause id="H636DF16C08D5485982176AF14E6A7AE5">
<enum>
(ii)
</enum>
<text>
be coordinated by
a lead institution;
</text>
</clause>
<clause id="H275A686158D546F8A232C4C072956945">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
agree to disseminate scientific findings,
including from clinical trials, rapidly and efficiently; and
</text>
</clause>
<clause id="H593BD01D19CC40E497B89140BFE4A12C">
<enum>
(iv)
</enum>
<text>
meet such
requirements as may be prescribed by the Director of NIH.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H12B337DA7419498BA3194130C8B18123">
<enum>
(E)
</enum>
<header>
Supplement, not
supplant
</header>
<text display-inline="yes-display-inline">
Any support received
by a consortium under subparagraph (A) shall be used to supplement, and not
supplant, other public or private support for activities authorized to be
supported under this paragraph.
</text>
</subparagraph>
<subparagraph commented="no" id="HF01C9A23691841AEA1DB2CA5AE38A319">
<enum>
(F)
</enum>
<header>
Duration of
support
</header>
<text display-inline="yes-display-inline">
Support of a
consortium under subparagraph (A) may be for a period of not to exceed 5 years.
Such period may be extended at the discretion of the Director of NIH.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B8B2E320B3E4345B62298CE200B9B3A">
<enum>
(3)
</enum>
<header>
Coordination of
consortia activities
</header>
<text>
The Director of NIH shall—
</text>
<subparagraph id="H6075C120010644E3AAFB1BA6F54D308A">
<enum>
(A)
</enum>
<text>
as appropriate,
provide for the coordination of activities (including the exchange of
information and regular communication) among the consortia established pursuant
to paragraph (2); and
</text>
</subparagraph>
<subparagraph id="HCD222F42376749B5A8710E2104A8F504">
<enum>
(B)
</enum>
<text>
require the
periodic preparation and submission to the Director of reports on the
activities of each such consortium.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B06C9F91E344EAEAE31F50D0F0C621D">
<enum>
(4)
</enum>
<header>
Assistance with
registries
</header>
<text display-inline="yes-display-inline">
Each consortium
receiving an award under paragraph (2)(A) shall provide assistance to the
Centers for Disease Control and Prevention in the establishment or expansion of
patient registries and other surveillance systems as appropriate and upon
request by the Director of the Centers.
</text>
</paragraph>
</subsection>
<subsection id="H736B489910B94FA4A116B6498A50B243">
<enum>
(e)
</enum>
<header>
Research on
pediatric rare diseases or conditions
</header>
<paragraph id="H68F36BEABC62452F9CB4D27E76C8227D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In making awards
under subsection (d)(2) for pediatric research consortia, the Director of NIH
shall ensure that an appropriate number of such awards are awarded to such
consortia that agree to—
</text>
<subparagraph id="HAEFAE22A01DB4D988881D426CEC1F7EC">
<enum>
(A)
</enum>
<text>
focus primarily on
pediatric rare diseases or conditions (including any such diseases or
conditions that are genetic disorders (such as spinal muscular atrophy and
Duchenne muscular dystrophy) or are related to birth defects (such as Down
syndrome and fragile X)); and
</text>
</subparagraph>
<subparagraph id="H40DED7F3A3F54E75A9317ADCF11CE8F3">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the prevention, diagnosis,
or treatment of one or more pediatric rare diseases or conditions.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6BC6115C75C049C89E20757AC04037AC">
<enum>
(2)
</enum>
<header>
Data
coordinating center
</header>
<subparagraph id="H4E8F354573DE4B9BB530B56F18D050F9">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
In
connection with support of consortia described in paragraph (1), the Director
of NIH shall establish a data coordinating center for the following
purposes:
</text>
<clause id="H2CC8D47E4D954BC081EF162D39563C0B">
<enum>
(i)
</enum>
<text>
To
distribute the scientific findings referred to in paragraph (1)(C).
</text>
</clause>
<clause display-inline="no-display-inline" id="H8FE1A0E28B2F4A77AAC4541F9FB7670B">
<enum>
(ii)
</enum>
<text>
To provide
assistance in the design and conduct of collaborative research projects and the
management, analysis, and storage of data associated with such projects.
</text>
</clause>
<clause id="H58A98EE79C7E4B87B7A502371CF8379E">
<enum>
(iii)
</enum>
<text>
To organize and
conduct multisite monitoring activities.
</text>
</clause>
</subparagraph>
<subparagraph id="H3FECC2FD58F14CDDB77F888F365AB8C3">
<enum>
(B)
</enum>
<header>
Reporting
</header>
<text display-inline="yes-display-inline">
The Director of NIH shall—
</text>
<clause id="H000E99A454074F1FA62BE8C5DA461728">
<enum>
(i)
</enum>
<text>
require the data
coordinating center established under subparagraph (A) to provide regular
reports to the Director of NIH and the Commissioner of Food and Drugs on
research conducted by consortia described in paragraph (1), including
information on enrollment in clinical trials and the allocation of resources
with respect to such research; and
</text>
</clause>
<clause id="H4497466024C64D219EDFEC52B149390A">
<enum>
(ii)
</enum>
<text>
as appropriate,
incorporate information reported under clause (i) into the
<pagebreak/>
Director’s biennial reports under section
403.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130204">
Passed the House of
Representatives February 4, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
</bill>
| IIB 113th CONGRESS 1st Session H. R. 225 IN THE SENATE OF THE UNITED STATES February 7, 2013 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions.
1. Short title This Act may be cited as the National Pediatric Research Network Act of 2013 . 2. National Pediatric Research Network Section 409D of the Public Health Service Act (42 U.S.C. 284h; relating to the Pediatric Research Initiative) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: (d) National Pediatric Research Network (1) Network In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2). (2) Pediatric research consortia (A) In general The Director of the Institute may award funding, including through grants, contracts, or other mechanisms, to public or private nonprofit entities— (i) for planning, establishing, or strengthening pediatric research consortia; and (ii) for providing basic operating support for such consortia, including with respect to— (I) basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and (II) training researchers in pediatric research techniques in order to address unmet pediatric research needs. (B) Research The Director of NIH shall ensure that— (i) each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and (ii) one or more such consortia provide training described in subparagraph (A)(ii)(II). (C) Number of consortia The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia. (D) Organization of consortium Each consortium receiving an award under subparagraph (A) shall— (i) be formed from a collaboration of cooperating institutions; (ii) be coordinated by a lead institution; (iii) agree to disseminate scientific findings, including from clinical trials, rapidly and efficiently; and (iv) meet such requirements as may be prescribed by the Director of NIH. (E) Supplement, not supplant Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (F) Duration of support Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended at the discretion of the Director of NIH. (3) Coordination of consortia activities The Director of NIH shall— (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and (B) require the periodic preparation and submission to the Director of reports on the activities of each such consortium. (4) Assistance with registries Each consortium receiving an award under paragraph (2)(A) shall provide assistance to the Centers for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems as appropriate and upon request by the Director of the Centers. (e) Research on pediatric rare diseases or conditions (1) In general In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to— (A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); and (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions. (2) Data coordinating center (A) Establishment In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (B) Reporting The Director of NIH shall— (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403. .
Passed the House of Representatives February 4, 2013. Karen L. Haas, Clerk |