In addition to evaluating the need for supplemental appropriations in response to this catastrophic disaster, the 112 th and 113 th Congresses considered reforming provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act, P.L. 93-288 as amended). The Sandy Recovery Improvement Act of 2013, as passed as Division B of P.L. 113-2 , the Disaster Relief Appropriations Act, 2013, revises the Stafford Act as a result of these concerns as well as other considerations. Division A of P.L. 113-2 provided a $50.7 billion package of disaster assistance largely focused on responding to Hurricane Sandy. Additionally, Congress increased the National Flood Insurance Program's borrowing authority by $9.7 billion, from $20.725 billion to $30.425 billion ( P.L. 113-1 , To temporarily increase the borrowing authority of the Federal Emergency Management Agency for carrying out the National Flood Insurance Program). Both of these supplemental relief laws are discussed separately in CRS Report R42869, FY2013 Supplemental Funding for Disaster Relief . Part of the legislative intent of the Sandy Recovery Improvement Act of 2013 is to streamline administrative procedures and improve the effectiveness of several disaster assistance programs authorized by the Stafford Act, namely the Public Assistance Program, the Individual Assistance Program, and the Hazard Mitigation Grant Program. Tribal Requests for a Major Disaster or Emergency Declaration under the Stafford Act

Section 1110 of the Sandy Recovery Improvement Act of 2013 amends Sections 401 and 501 of the Stafford Act which contain the procedures for requesting types of disaster declarations. In approaching how to address the identified needs, Section 1108(a) includes "child care" as an eligible expense under the Other Needs Assistance (ONA) program. Lease and Repair of Rental Units for Temporary Housing

Section 1103 also authorizes FEMA to enter into lease agreements with private owners of multi-unit apartment facilities. Following submission of this report, the President is instructed to direct the Administrator to establish a new ceiling for small project eligibility in the appropriate amount. Recommendations for Reducing Costs of Future Disasters

Section 1111 of the Sandy Recovery Improvement Act of 2013 requires the Administrator of FEMA to provide recommendations to Congress on 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." It is in keeping with existing practice that the changes in law effectuated by the act will apply to disasters declared on or after this date. However, it is less clear whether, and to what extent, these provisions will apply to disasters declared before January 29, 2013, although support can be found in the text and legislative history for applying at least some of these amendments to the declarations arising out of Hurricane Sandy. The same could be said of Section 1105 (directing the Administrator to create an alternative dispute resolution program that includes arbitration before an independent review panel), Section 1106 (directing the establishment of a unified federal review for environmental and historic requirements), Section 1107 (directing the Administrator to review and modify, as necessary, the dollar thresholds for projects to qualify for simplified procedures), Section 1108 (authorizing the President to offer additional forms of assistance), and Section 1109 (directing the Administrator to review and revise individual assistance factors).
Hurricane Sandy caused extensive human suffering and damage to public and private property. In response to this catastrophic event, Congress considered legislation to provide supplemental appropriations to federal disaster assistance programs. In addition, Congress considered revisions to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act, P.L. 93-288 as amended), which is the primary source of authorities for disaster assistance programs for the Federal Emergency Management Agency (FEMA). As a result, Congress passed the Sandy Recovery Improvement Act of 2013, which was included as Division B of the Disaster Relief Appropriations Act, 2013 (P.L. 113-2). Division A of P.L. 113-2 provided a $50.7 billion package of disaster assistance largely focused on responding to Hurricane Sandy. Additionally, Congress increased the National Flood Insurance Program's borrowing authority by $9.7 billion (from $20.725 billion to $30.425 billion) (P.L. 113-1). Both of these supplemental relief law are discussed separately in CRS Report R42869, FY2013 Supplemental Funding for Disaster Relief.
This report analyzes the provisions of the Sandy Recovery Improvement Act of 2013 (SRIA). In general, these provisions amend the Stafford Act with a stated goal of improving the efficiency and quality of disaster assistance provided by FEMA. Briefly, the amendments to the Stafford Act include:
Establishing a new set of alternative procedures for administering the Public Assistance Program, which provides assistance for debris removal and the repair and restoration of eligible facilities (Section 1102 of the Sandy Recovery Improvement Act of 2013); Authorizing FEMA to enter into agreements with private owners of multi-family rental properties to expand post-disaster housing resources (Section 1103); Revising the administration of the Hazard Mitigation Grant Program, to include a possible advancement of 25% of grant funds (Section 1104); Directing the establishment of alternative dispute resolution procedures (including binding arbitration), building on FEMA's current appeals process, to resolve federal and state disagreements on costs and eligibility questions (Section 1105); Directing the creation of a joint process for environmental and historical review for disaster recovery projects with the goal of increasing the speed of the process (Section 1106); Directing FEMA to study, and report to Congress, whether it is appropriate to increase the dollar size of "small projects" eligible for simplified procedures (Section 1107); Including child care as an eligible expense under the "other needs assistance" provided in certain disasters (Section 1108(a)); Specifically authorizing the reimbursement of the base wages of government employees providing emergency work under certain circumstances (Section 1108(b)); Directing FEMA to update the factors considered when assessing the need for Individual Assistance in the declaration process (Section 1109); Authorizing the chief executive of a tribal government to directly request disaster or emergency declarations from the President, much as a governor can for a state (Section 1110); and Directing FEMA to create a comprehensive national strategy for reducing the cost of future disasters (Section 1111).
Prospectively, the changes in law apply to disasters declared on or after the date of enactment, January 29, 2013. Further, support can be found in the text and legislative history of the bill for applying at least some of these amendments retrospectively to Hurricane Sandy-related disaster declarations. However, it is less clear whether, and to what extent, some of these revisions will apply to disasters declared before Hurricane Sandy.
This report will be updated as events warrant.