In the nature of a substitute.

SA 3395. Mr. REID proposed an amendment to the bill H.R. 1, making
appropriations for the Department of Defense and the other departments
and agencies of the Government for the fiscal year ending September 30,
2011, and for other purposes; as follows:

Strike all after the enacting clause, and insert in lieu
thereof:

That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2013, and for other purposes, namely:

SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE

TITLE I

DEPARTMENT OF AGRICULTURE

AGRICULTURAL PROGRAMS

Farm Service Agency

emergency conservation program

For necessary expenses for the ``Emergency Conservation
Program'', $25,090,000, to remain available until expended,
of which $15,000,000 is for expenses 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.):  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.

emergency forest restoration program

For necessary expenses for the ``Emergency Forest
Restoration Program'', $58,855,000, to remain available until
expended, of which $49,010,000 is for expenses 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.):  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.

CONSERVATION PROGRAMS

Natural Resources Conservation Service

emergency watershed protection program

For necessary expenses for the ``Emergency Watershed
Protection Program'', $125,055,000, to remain available until
expended, of which $77,085,000 is for expenses 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.):  Provided, That unobligated balances for the
``Emergency Watershed Protection Program'' provided in Public
Law 108-199, Public Law 109-234, and Public Law 110-28 shall
be available for the purposes of such program for disasters,
and shall remain available until expended:  Provided further,
That such amounts are designated by the

[[Page S8213]]

Congress as 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 FOOD PROGRAMS

Food and Nutrition Service

commodity assistance program

For an additional amount 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)), $15,000,000, to remain available through
September 30, 2014:  Provided, That notwithstanding any other
provisions of the Emergency Food Assistance Act of 1983 (the
``Act''), the Secretary 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 the Act:  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
(Public Law 99-177), as amended.

TITLE II

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

operations, research, and facilities

For an additional amount for ``Operations, Research, and
Facilities'', $373,000,000 to remain available until
September 30, 2014, as follows--
(1) $6,200,000 to repair and replace ocean observing and
coastal monitoring assets damaged by Hurricane Sandy;
(2) $10,000,000 to repair and improve weather forecasting
capabilities and infrastructure;
(3) $150,000,000 to evaluate, stabilize and restore coastal
ecosystems affected by Hurricane Sandy;
(4) $56,800,000 for mapping, charting, damage assessment,
and marine debris coordination and remediation; and
(5) $150,000,000, for necessary expenses related to fishery
disasters as declared by the Secretary of Commerce in
calendar year 2012:
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
Act:  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'', $109,000,000, to remain available until
September 30, 2015, as follows--
(1) $47,000,000 for the Coastal and Estuarine Land
Conservation Program to support State and local restoration
in areas affected by Hurricane Sandy;
(2) $9,000,000 to repair National Oceanic and Atmospheric
Administration (NOAA) facilities damaged by Hurricane Sandy;
(3) $44,500,000 for repairs and upgrades to NOAA hurricane
reconnaissance aircraft; and
(4) $8,500,000 for improvements to weather forecasting
equipment and supercomputer infrastructure:

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 Act:  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

General Administration

office of inspector general

For an additional amount for ``General Administration,
Office of Inspector General'' for necessary expenses related
to the consequences of Hurricane Sandy, $20,000, 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.

Federal Bureau of Investigation

salaries and expenses

For an additional amount for ``Federal Bureau of
Investigation, Salaries and Expenses'' for necessary expenses
related to the consequences of Hurricane Sandy, $4,000,000,
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.

Drug Enforcement Administration

salaries and expenses

For an additional amount for ``Drug Enforcement
Administration, Salaries and Expenses'' for necessary
expenses related to the consequences of Hurricane Sandy,
$1,000,000, 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.

Bureau of Alcohol, Tobacco, Firearms and Explosives

salaries and expenses

For an additional amount for ``Bureau of Alcohol, Tobacco,
Firearms and Explosives, Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane
Sandy, $230,000, 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.

Federal Prison System

buildings and facilities

For an additional amount for ``Federal Prison System,
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, 2018:  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 ``Legal Services Corporation,
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, to remain available until
September 30, 2013:  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 Act 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 Act 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.

TITLE III

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'',

[[Page S8214]]

$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.

TITLE IV

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

investigations

For an additional amount for ``Investigations'' to expedite
studies of flood and storm damage reduction related natural
disasters, $50,000,000 at full Federal expense, to remain
available until expended:  Provided, That using $34,500,000
of the funds provided herein, the Secretary shall expedite
and complete ongoing flood and storm damage reduction studies
in areas that were impacted by Hurricanes Sandy and Isaac in
the North Atlantic and Mississippi Valley Divisions of the
U.S. Army Corps of Engineers: Provided further, That using up
to $15,000,000 of the funds provided herein, the Secretary
shall support an interagency planning process in conjunction
with State, local and Tribal officials to develop plans to
address the flood risks of vulnerable coastal populations,
including innovative approaches to promote the long-term
sustainability of the coastal ecosystems and communities to
reduce the economic costs and risks associated with large-
scale flood and storm events:  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 U.S. Army Corps of Engineers 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 Act:  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 Act.

construction

(including transfer of funds)

For an additional amount for ``Construction'' to
rehabilitate, repair and construct U.S. Army Corps of
Engineers projects related to the consequences of natural
disasters, $3,461,000,000, to remain available until
expended:  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 that occurred in 2012 along the
Gulf Coast and Atlantic Coast within the boundaries of the
North Atlantic and Mississippi Valley Divisions of the Corps
that were affected by Hurricanes Sandy and Isaac:  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 any project that is under study by the Corps
for reducing flooding and storm damage risks and that the
Corps studies demonstrate will cost-effectively reduce those
risks is hereby authorized:  Provided further, That local
interests shall provide all lands, easements, rights-of-way,
relocations and disposal areas (LERRDs) necessary for
projects using these funds at no cost to the Government:
Provided further, That cost sharing for implementation of any
projects using these funds shall be 90 percent Federal and 10
percent non-Federal exclusive of LERRDs:  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 the Secretary may transfer up
to $499,000,000 of the funds provided under this heading to
other U.S. Army Corps of Engineers Accounts to address
damages from previous natural disasters following normal
policies and cost sharing:  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
$51,000,000 of the funds provided under this heading shall be
used to expedite continuing authorities projects along the
coastal areas in States impacted by Hurricane Sandy within
the boundaries of the North Atlantic Division:  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 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 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 Act.

operation and maintenance

For an additional amount for ``Operation and Maintenance'',
$821,000,000, to remain available until expended to dredge
Federal navigation channels and repair damage to Corps
projects nationwide related to natural disasters:  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 Act.

flood control and coastal emergencies

For an additional amount for ``Flood Control and Coastal
Emergencies'', $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 in response to flood, hurricanes or other natural
disasters as authorized by law:  Provided, That $430,000,000
of the funds provided herein shall be utilized by the Corps
to restore projects impacted by Hurricane Sandy in the North
Atlantic Division of the U.S. Army Corps of Engineers 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 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.

expenses

For an additional amount for ``Expenses'' for increased
efforts to oversee emergency response and recovery activities
related to natural disasters, $10,000,000, to remain
available until expended:  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

[[Page S8215]]

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.

TITLE V

INDEPENDENT AGENCIES

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
expended, notwithstanding 40 U.S.C. 3307, for necessary
expenses related to the consequences of Hurricane Sandy,
including 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

For an additional amount for ``Salaries and Expenses'',
$40,000,000, to remain available until September 30, 2014, of
which $20,000,000 is 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;
and of which $20,000,000 is for grants or cooperative
agreements for public-private partnerships to provide long-
term economic development assistance to industries and/or
regions affected by Hurricane Sandy through economic
development initiatives, including innovation clusters,
industry accelerators, supply-chain support,
commercialization, and workforce development:  Provided, That
the Small Business Administration (SBA) shall expedite the
delivery of assistance in disaster-affected areas by awarding
grants or cooperative agreements for technical assistance
only to current recipients of SBA grants or cooperative
agreements using a streamlined application process that
relies, to the maximum extent practicable, upon previously
submitted documentation:  Provided further, That the
Administrator of the Small Business Administration shall
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 in designing appropriate economic development
initiatives and identifying those regions and industries most
affected by Hurricane Sandy, the SBA shall work with other
Federal agencies, State and local economic development
entities, institutions of higher learning, and private sector
partners:  Provided further, That grants or cooperative
agreements for public-private partnerships may be awarded to
public or private nonprofit organizations, or any combination
thereof:  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
SBA 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 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.

office of inspector general

For an additional amount for ``Office of Inspector
General'' for necessary expenses related to the consequences
of Hurricane Sandy and other disasters, $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.

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 Hurricane Sandy and other disasters, $500,000,000,
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 administrative
expenses to carry out the direct loan program authorized by
section 7(b) of the Small Business Act in response to
Hurricane Sandy and other disasters, $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 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.

GENERAL PROVISIONS--THIS TITLE

Sec. 501.  Section 411(a)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by
striking ``$2,000,000'' and inserting ``$5,000,000''.
Sec. 502.  Section 7(d)(6) of the Small Business Act (15
U.S.C. 636(d)(6)) is amended by inserting after ``which are
made under paragraph (1) of subsection (b)'' the following:
``: Provided further, That the Administrator, in obtaining
the best available collateral for a loan of not more than
$200,000 under paragraph (1) or (2) of subsection (b)
relating to damage to or destruction of the property of, or
economic injury to, a small business concern, shall not
require the owner of the small business concern to use the
primary residence of the owner as collateral if the
Administrator determines that the owner has other assets with
a value equal to or greater than the amount of the loan that
could be used as collateral for the loan: Provided further,
That nothing in the preceding proviso may be construed to
reduce the amount of collateral required by the Administrator
in connection with a loan described in the preceding proviso
or to modify the standards used to evaluate the quality
(rather than the type) of such collateral''.

TITLE VI

DEPARTMENT OF HOMELAND SECURITY

U.S. 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 Senate and the House of Representatives
no later than 90 days after the date of enactment of this
Act.

U.S. 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 Senate and the House of Representatives
no later than 90 days after the date of enactment of this
Act.

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, $274,233,000, to remain
available until September 30, 2017:  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 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 Senate
and the House of Representatives no later than 90 days after
the date of enactment of this Act.

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 Senate and the House of Representatives
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''
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 previous 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

[[Page S8216]]

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.

Disaster Assistance Direct Loan Program Account

For an additional amount 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

For an additional amount for ``Research, Development,
Acquisition, and Operations'' for necessary expenses related
to the consequences of Hurricane Sandy, $3,249,000, to remain
available until September 30, 2017:  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 for replacing or repairing U.S. Customs and Border
Protection equipment, $3,869,000, to remain available until
September 30, 2015:  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 PROVISIONS--THIS TITLE

Sec. 601. (a) Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by
striking ``$20,725,000,000'' and inserting
``$30,425,000,000''.
(b) The amount provided by this section is 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 and as an emergency requirement pursuant
to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.
(c) Effective Date.--The amendment made by subsection (a)
shall be considered to have taken effect on December 12,
2012.
Sec. 602.  The Administrator of the Federal Emergency
Management Agency, in cooperation with representatives of
State, tribal, and local governments may give greater weight
to the factors considered under section 206.48(b)(3) of title
44, Code of Federal Regulations, to accurately measure the
acute needs of a population following a disaster in order to
expedite a declaration of Individual Assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
Sec. 603.  For determinations regarding compliance with
codes and standards under the Federal Emergency Management
Agency Public Assistance program (42 U.S.C. 5172), the
Administrator of the Federal Emergency Management Agency, for
major disasters declared on or after August 27, 2011, shall
consider eligible the costs required to comply with a State's
Stream Alteration General Permit process, including any
design standards required to be met as a condition of permit
issuance.
Sec. 604.  Notwithstanding any other provision of law, the
Administrator of the Federal Emergency Management may
recommend to the President an increase in the Federal cost
share of the eligible cost of permanent work under section
406 and of emergency work under section 403 and section 407
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172) for damages resulting from
Hurricane Sandy without delay.
Sec. 605. In administering the funds made available to
address any major disaster declared during the period
beginning on August 27, 2011 and ending on December 5, 2012,
the Administrator of the Federal Emergency Management Agency
shall establish a pilot program for the relocation of State
facilities under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172), under which the Administrator may waive, or specify
alternative requirements for, any regulation the
Administrator administers to provide assistance, consistent
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), for the permanent relocation of State
facilities, including administrative office buildings,
medical facilities, laboratories, and related operating
infrastructure (including heat, sewage, mechanical,
electrical, and plumbing), that were significantly damaged as
a result of the major disaster, are subject to flood risk,
and are otherwise eligible for repair, restoration,
reconstruction, or replacement under section 406 of that Act,
if the Administrator determines that such relocation is
practicable, and will be cost effective or more appropriate
than repairing, restoring, reconstructing, or replacing the
facility in its pre-disaster location, and if such relocation
will effectively mitigate the flood risk to the facility.

levees

Sec. 606. (a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``covered hazard mitigation land'' means
land--
(A) acquired and deed restricted under section 404(b) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(b)) before, on, or after the
date of enactment of this Act; and
(B) that is located--
(i) in a West North Central State; and
(ii) in a community that--
(I) is participating in the National Flood Insurance
Program on the date on which a State, local, or tribal
government submits an application requesting to construct a
permanent flood risk reduction levee under subsection (b);
and
(II) certifies to the Administrator and the Chief of
Engineers that the community will continue to participate in
the National Flood Insurance Program.
(b) Authority.--Notwithstanding clause (i) or (ii) of
section 404(b)(2)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5170c(b)(2)(B)), the Administrator shall approve the
construction of a permanent flood risk reduction levee by a
State, local, or tribal government on covered hazard
mitigation land if the Administrator and the Chief of
Engineers determine, through a process established by the
Administrator and Chief of Engineers and funded entirely by
the State, local, or tribal government seeking to construct
the proposed levee, that--
(1) construction of the proposed permanent flood risk
reduction levee would more effectively mitigate against
flooding risk than an open floodplain or other flood risk
reduction measures;
(2) the proposed permanent flood risk reduction levee
complies with Federal, State, and local requirements,
including mitigation of adverse impacts and implementation of
floodplain management requirements, which shall include an
evaluation of whether the construction, operation, and
maintenance of the proposed levee would continue to meet best
available industry standards and practices and would be the
most cost-effective measure to protect against the assessed
flood risk and minimizes future costs to the Federal
Government;
(3) the State, local, or tribal government seeking to
construct the proposed levee has provided an adequate
maintenance plan that documents the procedures the State,
local, or tribal government will use to ensure that the
stability, height, and overall integrity of the proposed
levee and the structure and systems of the proposed levee are
maintained, including--
(A) specifying the maintenance activities to be performed;
(B) specifying the frequency with which maintenance
activities will be performed;
(C) specifying the person responsible for performing each
maintenance activity (by name or title);
(D) detailing the plan for financing the maintenance of the
levee; and
(E) documenting the ability of the State, local, or tribal
government to finance the maintenance of the levee.
(c) Maintenance Certification.--
(1) In general.--A State, local, or tribal government that
constructs a permanent flood risk reduction levee under
subsection (b) shall submit to the Administrator and the
Chief of Engineers an annual certification indicating whether
the State, local, or tribal government is in compliance with
the maintenance plan provided under subsection (b)(3).
(2) Review.--The Chief of Engineers shall review a
certification submitted under paragraph (1) and determine
whether the State, local, or tribal government has complied
with the maintenance plan.
Sec. 607.  The Administrator of the Federal Emergency
Management Agency shall cancel the liquidated balances of all
remaining uncancelled or partially cancelled loans disbursed
under the Community Disaster Loan Act of 2005 (Public Law
109-88) and the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006 (Public Law 109-234), as amended by section 4502 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) to the extent that revenues of the local government
during the period following the major disaster are
insufficient to meet the budget of the local government,
including additional disaster-related expenses of a municipal
character. In calculating a community's revenues while
determining cancellation, the Administrator shall exclude
revenues for special districts and any other revenues that
are required by law to be disbursed to other units of local
government or used for specific purposes more limited than
the scope allowed by the General Fund. In calculating a
community's expenses, the Administrator shall include

[[Page S8217]]

disaster-related capital expenses for which the community has
not been reimbursed by Federal or insurance proceeds, debt
service expenses, and accrued but unpaid uncompensated
absences (vacation and sick pay). In calculating the
operating deficit of the local government, the Administrator
shall also consider all interfund transfers. When considering
the period following the disaster, the Administrator may
consider a period of 3, 5, or 7 full fiscal years after the
disaster, beginning on the date of the declaration, in
determining eligibility for cancellation. The criteria for
cancellation do not apply to those loans already cancelled in
full. Applicants shall submit supplemental documentation in
support of their applications for cancellation on or before
April 30, 2014, and the Administrator shall issue
determinations and resolve any appeals on or before April 30,
2015. Loans not cancelled in full shall be repaid not later
than September 30, 2035. The Administrator may use funds
provided under Public Law 109-88 to reimburse those
communities that have repaid all or a portion of loans,
including interest, provided as Special Community Disaster
Loans under Public Law 109-88 or Public Law 109-234, as
amended by section 4502 of Public Law 110-28. Further, the
Administrator may use funds provided under Public Law 109-88
for necessary expenses to carry out this provision:
Provided, That the entire amount is 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.
Sec. 608.  The Inspector General shall review the
applications for public assistance provided through the
Disaster Relief Fund with a project cost that exceeds
$10,000,000 and the resulting decisions issued by the Federal
Emergency Management Agency for category A debris removal for
DR-1786 upon receipt of a request from an applicant made no
earlier than 90 days after filing an appeal with the Federal
Emergency Management Agency without regard to whether the
Administrator of the Federal Emergency Management Agency has
issued a final agency determination on the application for
assistance:  Provided, That not later than 180 days after the
date of such request, the Inspector General shall determine
whether the Federal Emergency Management Agency correctly
applied its rules and regulations to determine eligibility of
the applicant's claim:  Provided further, That if the
Inspector General finds that the Federal Emergency Management
Agency determinations related to eligibility and cost
involved a misapplication of its rules and regulations, the
applicant may submit the dispute to the arbitration process
established under the authority granted under section 601 of
Public Law 111-5 not later than 15 days after the date of
issuance of the Inspector General's finding in the previous
proviso:  Provided further, That if the Inspector General
finds that the Federal Emergency Management Agency provided
unauthorized funding, that the Federal Emergency Management
Agency shall take corrective action.

disaster recovery

Sec. 609. (a) Short Title.--This section may be cited as
the ``Disaster Recovery Act of 2012''.
(b) Hazard Mitigation.--
(1) In general.--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) Expedited Procedures.--
``(1) In general.--For the purpose of providing assistance
under this section, the President shall ensure that--
``(A) adequate resources are devoted to ensuring that
applicable environmental reviews under the National
Environmental Policy Act 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 and the National Historic
Preservation Act shall be 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 those 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.''.
(2) 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 ``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 the alternative procedures
under this section as a pilot program'' after ``applications
submitted under paragraph (1).''.
(3) Applicability.--The authority under the amendments made
by this subsection shall apply for--
(A) 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
(B) a major disaster or emergency declared before the date
of enactment of this Act for which the period for processing
requests for assistance has not ended on the date of
enactment of this Act.
(c) Public Assistance Program Alternative Procedures.--
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is
amended--
(1) by redesignating section 425 (42 U.S.C. 5189e) relating
to essential service providers, as added by section 607 of
the SAFE Port Act (Public Law 109-347; 120 Stat. 1941) as
section 427; and
(2) by adding at the end the following:

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

``(a) In General.--The Administrator of the Federal
Emergency Management Agency may approve projects under the
alternative procedures adopted under this section for--
``(1) any major disaster or emergency declared on or after
the date of enactment of this section; and
``(2) any project relating to a major disaster or emergency
declared before the date of enactment of this section for
which construction has not begun on the date of enactment of
this section.
``(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.--Any procedures adopted under subsection (b)
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
States, tribal, and local governments and to owners or
operators of private nonprofit facilities; and
``(4) providing financial incentives and disincentives for
the 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) Voluntary Participation.--Participation in
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) Requirements for Procedures.--The alternative
procedures adopted under subsection (b) shall include--
``(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 the 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 purposes of--
``(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 cost under section 406, the
Administrator shall make available, at an applicant's request
and where the Federal Emergency Management Agency or the
certified cost estimate prepared by the applicant's
professionally licensed engineers has estimated an eligible
Federal share for a project of not less than $5,000,000, an
independent expert panel to validate the estimated eligible
cost consistent with applicable regulations and policies
implementing this section;
``(F) in determining eligible cost 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 regulation, policy, and
guidance; and
``(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

[[Page S8218]]

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 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 State, tribal, and local
governments to have a debris management plan approved by the
Federal Emergency Management Agency and have pre-qualified
one 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 waive notice and comment
rulemaking, if the Administrator determines the waiver is
necessary to expeditiously implement this section, and may
carry out the alternative procedures under this section as a
pilot program.
``(g) Reimbursement.--The guidelines for reimbursement for
costs under subsection (e)(2)(D) shall assure 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.).''.
(d) 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
the following:
``(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'';
and
(4) by adding at the end the following:
``(b) Threshold.--
``(1) Report.--Not later than 1 year after the date of
enactment of the Disaster Recovery Act of 2012, 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 appropriate committees of the Congress
(as defined in section 602 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 701)) 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.''.
(e) Essential Assistance.--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.--The President may reimburse a State,
tribal, or local government for costs relating to pay and
benefits (including overtime and hazardous duty pay) for
permanent employees of the State, tribal, or local government
conducting emergency protective measures under this section,
provided such work is not typically performed by such
employees and the type of work may otherwise be carried out
by contract or agreement with private organizations, firms,
or individuals.
``(2) Overtime.--The guidelines for reimbursement for costs
under paragraph (1) shall assure 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.).''.
(f) Unified Federal Review.--Title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as
amended by subsection (c), is amended by adding at the end
the following:

``SEC. 429. UNIFIED FEDERAL REVIEW.

``(a) In General.--Not later than 18 months after the date
of enactment of the Disaster Recovery Act of 2012, 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 shall be updated as appropriate, consistent
with applicable law.''.
(g) Dispute Resolution Pilot Program.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(B) the term ``eligible assistance'' means assistance--
(i) under section 403, 406, or 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173);
(ii) for which the legitimate amount in dispute is not less
than $1,000,000, which the Administrator shall adjust
annually to reflect changes in the Consumer Price Index for
all Urban Consumers published by the Department of Labor; and
(iii) for which the applicant has a non-Federal share.
(2) Procedures.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, 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.
(B) Binding effect.--A decision by an independent review
panel under this subsection shall be binding upon the parties
to the dispute.
(C) Considerations.--The procedures established under this
subsection shall--
(i) allow a party of a dispute relating to eligible
assistance to request an independent review panel for the
review;
(ii) require a party requesting an independent review panel
as described in clause (i) to agree to forego rights to any
further appeal of the dispute relating to any eligible
assistance;
(iii) require that the sponsor of an independent review
panel for any alternative dispute resolution under this
subsection shall 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 subsection;

(iv) require an independent review panel to--

(I) resolve any remaining disputed issue in accordance with
all applicable laws, regulations, and Federal Emergency
Management 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 Federal
Emergency Management Agency made its initial decision;
(III) only set aside a decision of the Federal Emergency
Management 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;

(v) require an independent review panel to expeditiously
issue a written decision for any alternative dispute
resolution under this subsection; and
(vi) direct that if an independent review panel for any
alternative dispute resolution under this subsection
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 of the Federal Emergency Management Agency
relating to the review by the independent review panel.
(D) Funds received.--Any funds received by the Federal
Emergency Management Agency under the authority under this
subsection 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.
(3) Sunset.--A request for review by an independent review
panel under this subsection may not be made after December
31, 2015.
(4) Report.--
(A) In general.--Not later than 270 days after the
termination of authority under this subsection pursuant to
paragraph (3), the Comptroller General of the United States

[[Page S8219]]

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 subsection.
(B) Contents.--The report submitted under subparagraph (A)
shall include--
(i) a determination of the availability of data required to
complete the report;
(ii) an assessment of the effectiveness of the program
under this subsection, including an assessment of whether the
program expedited or delayed the disaster recovery process;
(iii) 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;
(iv) 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;
(v) a recommendation as to whether any aspect of the
program under this subsection should be made a permanent
authority; and
(vi) recommendations for any modifications to the authority
or the administration of the authority under this subsection
in order to improve the disaster recovery process.
(h) Individual Assistance Factors.--In order to provide
more objective criteria for evaluating the need for
assistance to individuals 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.
(i) Child Care.--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,''.
(j) Temporary Housing.--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 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 improvement 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 shall be
deducted from the value of the lease agreement; and may not
exceed the value of the lease agreement.
``(III) Period of assistance.--The President may not
provide direct assistance under this clause with respect to a
major disaster after the end of the 18-month period beginning
on the date of declaration of the major disaster by the
President, except that the President may extend that period
if the President determines that due to extraordinary
circumstances an extension would be in the public
interest.''; and

(3) in clause (iv), as so redesignated, by striking
``clause (ii)'' and inserting ``clause (iii)''.
(k) Tribal Requests for a Major Disaster or Emergency
Declaration Under the Stafford Act.--
(1) Major disaster requests.--Section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) is amended--
(A) by striking ``All requests for a declaration'' and
inserting ``(a) In General.--All requests for a
declaration''; and
(B) 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 Act, 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 Act 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 Act, 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 Act; 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).''.
(2) 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 Act in response to a request of the
Chief Executive of an affected Indian tribal government for
an emergency declaration, any reference in this Act, 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 Act 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.''.
(3) Definitions.--Section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)
is amended--
(A) in paragraph (7)(B) by striking ``; and'' and inserting
``, that is not an Indian tribal government as defined in
paragraph (6); and'';
(B) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(C) 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
(D) 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.''.
(4) References.--Title I of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is amended by adding after section 102 the following:

``SEC. 103. REFERENCES.

``Except as otherwise specifically provided, any reference
in this Act to `State and local', `State or local', `State,
and local', `State, or local', or `State, local' (including
the plural form of such terms) with respect to governments or
officials and any reference to a `local government' in
sections 406(d)(3) and 417 shall be deemed to refer also to
Indian tribal governments and officials, as appropriate.''.
(5) Regulations.--
(A) Issuance.--The President shall issue regulations to
carry out the amendments made by this subsection.
(B) Factors.--In issuing regulations under this paragraph,
the President shall consider the unique conditions that
affect the general welfare of Indian tribal governments.
(l) Report.--Not later than 90 days after the date of
enactment of this Act, the Chair of the Hurricane Sandy
Rebuilding Task Force established by the President, in
consultation with the Administrator of the Federal Emergency
Management Agency, the Secretary of the Treasury, and others
whom the Chair determines to be appropriate, shall submit to
the Committee on Appropriations and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Appropriations and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes a discussion of--
(1) the impacts of Hurricane Sandy on local government
budgets in States where a major disaster has been declared,
including revenues from taxes, fees, and other sources, and
expenses related to operations, debt obligations, and
unreimbursed disaster-related costs;
(2) the availability of loans from private sources to
address such impacts, including

[[Page S8220]]

information on interest rates, repayment terms,
securitization requirements, and the ability of affected
local governments to qualify for such loans;
(3) the availability of Federal resources to address the
budgetary impacts of Hurricane Sandy upon local governments;
(4) the ability of the Community Disaster Loan program
authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184)
to effectively and expeditiously address budgetary impacts of
Hurricane Sandy and other disasters upon local governments,
including--
(A) an assessment of the current statutory limits on loan
amounts;
(B) the regulations, policies, and procedures governing
program mobilization to communities in need and expeditious
processing of loan applications;
(C) information on interest rates, repayment terms,
securitization requirements, and ability of affected local
governments to qualify for such loans;
(D) criteria governing the cancellation of such loans,
including appropriate classification of available revenues
and eligible expenses, and the consistency of program rules
with customary local government budgetary practices and State
or local laws that affect the specific budgetary practices of
local governments affected by Hurricane Sandy and other
disasters;
(E) repayment terms and timeframes on loans that do not
qualify for cancellation;
(F) options for Congressional consideration related to
legislative modifications of this program, and any other
applicable provisions of Federal law, in order to address the
budgetary impacts of Hurricane Sandy and other disasters upon
local governments; and
(G) recommendations on steps the Federal Emergency
Management Agency may take in order to improve program
administration, effectiveness, communications, and speed; and
(5) potential consequences of Federal action or inaction to
address the budgetary impacts of Hurricane Sandy upon local
governments.
(m) Applicability.--Unless otherwise specified, this
section and the amendments made by this section shall apply
for--
(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 before the date
of enactment of this Act for which the period for processing
requests for assistance has not ended on the date of
enactment of this Act.

TITLE VII

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

construction

For an additional amount for ``Construction'' for necessary
expenses incurred to prepare for, respond to, and recover
from Hurricane Sandy, $78,000,000, 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.

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

For an additional amount for ``Construction'' for necessary
expenses incurred to prepare for, respond to, and recover
from Hurricane Sandy, $348,000,000, 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.

Departmental Operations

office of the secretary

(including transfer 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 and for other activities related to storms
and natural disasters, $150,000,000, to remain available
until expended:  Provided, That funds appropriated herein
shall be used to restore and rebuild parks, refuges, and
other public assets; increase the resiliency and capacity of
coastal habitat and infrastructure to withstand future storms
and reduce the amount of damage caused by such storms;
protect natural and cultural values; and assist State, tribal
and local governments:  Provided further, That the Secretary
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 Act:
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'', $810,000,000, to remain available until expended,
of which $700,000,000 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
$110,000,000 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 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.) for
Hurricane Sandy:  Provided further, That no eligible state
shall receive less than two percent of such funds:  Provided
further, That funds appropriated herein shall not be subject
to the matching or cost share requirements of sections
602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution
Control Act nor the matching requirements of section 1452(e)
of the Safe Drinking Water Act:  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 50
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 notwithstanding the definition of
treatment works in section 212 of the Federal Water Pollution
Control Act, and subject to the purposes described herein,
the funds appropriated herein shall be available for the
purchase of land and easements necessary for the siting of
eligible treatment works projects:  Provided further, That
the Administrator may retain up to $1,000,000 of the funds
appropriated herein for management and oversight of the
requirements of this section:  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.

[[Page S8221]]

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.

TITLE VIII

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

(including transfer of funds)

For an additional amount for ``Training and Employment
Services'', $50,000,000, for the dislocated workers
assistance national reserve for necessary expenses resulting
from Hurricane Sandy, which shall be available from the date
of enactment of this Act 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

Administration for Children and Families

social services block grant

For an additional amount for ``Social Services Block
Grant'', $500,000,000, for necessary expenses resulting from
Hurricane Sandy in States for which the President declared a
major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, notwithstanding
section 2003 and paragraphs (1) and (4) of section 2005(a) of
the Social Security Act:  Provided, That, notwithstanding
section 2002 of the Social Security Act, the distribution of
such amount shall be limited to States directly affected by
these events:  Provided further, That section 2002(c) of the
Social Security Act shall be applied to funds appropriated in
this paragraph by substituting succeeding 2 fiscal years for
succeeding fiscal year:  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 in addition to
other uses permitted by title XX of the Social Security Act,
funds appropriated in this paragraph may be used for health
services (including mental health services), and for costs of
renovating, repairing, or rebuilding health care facilities
(including mental health facilities), child care facilities,
or other social services facilities:  Provided further, That
notwithstanding paragraphs (2) and (8) of section 2005(a) of
the Social Security Act, a State may use up to 10 percent of
its allotment of funds appropriated in this paragraph to
supplement any other funds available for the following costs,
subject to guidelines established by the Secretary, for
health care providers (as defined by the Secretary): (a)
payments to compensate employees of health care providers for
wages lost as a direct result of Hurricane Sandy, and (b)
payments to support the viability of health care providers
with facilities that were substantially damaged as a direct
result of Hurricane Sandy:  Provided further, That funds
appropriated in this paragraph are also available for costs
incurred up to 3 days prior to Hurricane Sandy's October 29,
2012, landfall, subject to Federal review of documentation of
the cost of services provided:  Provided further, That none
of the funds appropriated in this paragraph shall be
available for costs that are reimbursed by the Federal
Emergency Management Agency or insurance:  Provided further,
That, with respect to the Federal interest in real property
acquired or on which construction or major renovation of
facilities (as such terms are defined in 45 CFR 1309.3) is
undertaken with these funds, procedures equivalent to those
specified in Subpart C of 45 CFR Part 1309 shall apply:
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.

children and family services programs

For an additional amount for ``Children and Families
Services Programs'', $100,000,000, for making payments under
the Head Start Act in States for which the President declared
a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act as a result of
Hurricane Sandy:  Provided, That funds appropriated in this
paragraph are not subject to the allocation requirements of
section 640(a) or the matching requirements of section 640(b)
of the Head Start Act:  Provided further, That funds
appropriated in this paragraph shall be available through
September 30, 2014 for activities to assist affected Head
Start agencies, including technical assistance, costs of Head
Start services (including supportive services for children
and families, and provision of mental health services for
children affected by Hurricane Sandy), and costs of
renovating, repairing, or rebuilding those Head Start
facilities damaged as a result of 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 used in
section 640(a)(7)(A) of the Head Start Act:  Provided
further, That none of the funds appropriated in this
paragraph shall be available for costs that are reimbursed by
the Federal Emergency Management Agency or by 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.

Office of the Secretary

public health and social services emergency fund

(including transfer of funds)

For an additional amount for ``Public Health and Social
Services Emergency Fund'' for disaster response and recovery,
and other expenses related to Hurricane Sandy, and for other
disaster-response activities, $200,000,000, to remain
available until expended:  Provided, That these funds may be
transferred by the Secretary to accounts within the
Department of Health and Human Services, 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
obligations incurred for response activities for Hurricane
Sandy prior to the enactment of this Act may be charged to
this appropriation:  Provided further, That funds
appropriated in this paragraph may be used for renovating,
repairing, or rebuilding non-Federal research facilities
damaged as a result of Hurricane Sandy:  Provided further,
That funds appropriated under this paragraph shall not be
available for costs that are eligible for reimbursement by
the Federal Emergency Management Agency or are covered by
insurance:  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.

RELATED AGENCY

Social Security Administration

limitation on administrative expenses

For an additional amount for ``Limitation on Administrative
Expenses'', $2,000,000, for necessary expenses resulting from
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.

TITLE IX

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Army National Guard

For an additional amount for ``Military Construction, Army
National Guard'', $24,200,000, to remain available until
September 30, 2014, for necessary expenses related to the
consequences of Hurricane Sandy:  Provided, That such funds
may be obligated or expended for planning and design and
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'',
$21,000,000, to remain available until September 30, 2014,
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.

medical facilities

For an additional amount for ``Medical Facilities'',
$6,000,000, to remain available until September 30, 2014, 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.

national cemetery administration

For an additional amount for ``National Cemetery
Administration'', $1,100,000, 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

[[Page S8222]]

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'', $500,000, 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.

construction, major projects

For an additional amount for ``Construction, Major
Projects'', $207,000,000 to remain available until expended,
for renovations and repairs to the Department of Veterans
Affairs Medical Center in Manhattan, New York, as a
consequence of damage caused by Hurricane Sandy:  Provided,
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.

TITLE X

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, $921,000,000, 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 Railroad Administration

grants to the national railroad passenger corporation

For an additional amount for the Secretary to make grants
to the National Railroad Passenger Corporation for costs and
losses incurred as a result of Hurricane Sandy and to advance
capital projects that address Northeast Corridor
infrastructure recovery, mitigation and resiliency in the
affected areas, $336,000,000, to remain available until
expended:  Provided, 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 such amount is
designated by the Congress as 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

For the Public Transportation Emergency Relief Program as
authorized under section 5324 of title 49, United States
Code, $10,783,000,000, to remain available until expended,
for recovery and relief efforts in the areas most affected by
Hurricane Sandy:  Provided, That, of the funds provided under
this heading, the Secretary 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
mitigation 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 Senate and the House of Representatives shall be notified
at least 15 days in advance of any such transfer:  Provided
further, That notwithstanding any other provision of law, the
Federal share for all projects funded under this heading for
repairs, reconstruction or mitigation of transportation
infrastructure in areas impacted by Hurricane Sandy shall be
90 percent:  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

For an additional amount for the ``Community Development
Fund'' for necessary expenses related to disaster relief,
long-term recovery, restoration of infrastructure and
housing, economic revitalization, and mitigation 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.), $17,000,000,000, to remain available until
expended, of which at least $2,000,000,000 shall be used for
mitigation projects to reduce future risk and
vulnerabilities:  Provided, That the Secretary shall
establish a minimum allocation for each eligible State
declared a major disaster due to Hurricane Sandy:  Provided
further, That, of the amount provided under this heading,
$500,000,000 shall be used to address the unmet needs of
impacted areas resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief Act (42
U.S.C. 5121 et seq.) or for small, economically distressed
areas with a disaster declared in 2011 or 2012:  Provided
further, That funds shall be awarded directly to the State or
unit of general local government as a grantee at the
discretion of the Secretary:  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 Act 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 Act:  Provided further,
That such funds 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 the final paragraph under the heading
Community Development Block Grants in title II of Public Law
105-276 (42 U.S.C. 5305 note) shall not apply to funds
provided under this heading:  Provided further, That funds
allocated under this heading shall not be considered relevant
to the non-disaster formula allocations made pursuant to 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 the Secretary shall require that
grantees have established procedures to ensure timely
expenditure of funds and prevent any duplication of benefits
as defined by 42 U.S.C. 5155 and prevent 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 for management and administration of
these funds, to incorporate performance requirements and
penalties into any such contracts or agreements and to
maintain information with respect to performance on the use
of any funds for management and administrative purposes:
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 previous proviso, recipients of funds
provided under this heading that use such funds to match or
supplement Federal assistance provided under sections 402,
403, 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 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 prepared under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) or the project is categorically excluded from
further 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 which must be used for activities that benefit
persons of low and moderate income to less than 50 percent,
unless the Secretary specifically finds that

[[Page S8223]]

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 funds provided under this
heading to for-profit enterprises may only assist such
enterprises that meet the definition of small business as
defined by the Small Business Administration under 13 CFR
part 121:  Provided further, That notwithstanding the
previous proviso, funds may be provided to a for-profit
enterprise, that does not meet such definition of small
business, but which provides a public benefit, is publicly
regulated, and is otherwise eligible for assistance under 42
U.S.C. 5301 et seq., and the implementing regulations at 24
CFR Part 570.201(l):  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 technical assistance
and administrative costs (including information technology
costs), related solely to administering funds available under
this heading or funds made available under prior
appropriations to the ``Community Development Fund'' for
disaster relief, long-term recovery, or emergency expenses:
Provided further, That, of the funds made available under
this heading, $10,000,000 shall be transferred to ``Office of
Inspector General'':  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 TITLE

Sec. 1001.  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.
Sec. 1002.  The Departments of Transportation and Housing
and Urban Development shall submit to the Committees on
Approppriations of the House of Representatives and the
Senate within 45 days after the date of the enactment of this
Act a plan for implementing the provisions in this title, and
updates to such plan on a biannual basis thereafter.
Sec. 1003.  None of the funds provided in this title 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 House and Senate
Committees on Appropriations 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.

TITLE XI

GENERAL PROVISIONS--THIS ACT

Sec. 1101.  Each amount appropriated or made available in
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 1102.  Each amount designated in this Act 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 shall be available only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 1103. (a) Not later than March 31, 2013, in accordance
with criteria to be established by the Office of Management
and Budget (OMB), Federal agencies shall submit to OMB and to
the Committee on Appropriations of the House of
Representatives and of the Senate internal control plans for
funds provided by this Act.
(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) (IPIA),
notwithstanding section 2(a) of IPIA.
(c) In accordance with guidance to be issued by the
Director of OMB, agencies shall identify those grants for
which the funds provided by this Act should be expended by
the grantees within the 24-month period following the
agency's obligation of funds for the grant. In the case of
such grants, the agency shall include a term in the grant
that:
(1) requires the grantee to return to the agency any funds
not expended within the 24-month period; and
(2) provides that the head of the agency may, after
consultation with the Director of OMB, subsequently issue a
waiver of this requirement based on a determination by the
head of the agency that exceptional circumstances exist that
justify an extension of the period in which the funds must be
expended.
Sec. 1104. (a) In carrying out activities funded by this
Act, Federal agencies, in partnership with States, local
communities and tribes, shall inform plans for response,
recovery, and rebuilding to reduce vulnerabilities from and
build long-term resiliency to future extreme weather events,
sea level rise, and coastal flooding. In carrying out
activities funded by this title that involve repairing,
rebuilding, or restoring infrastructure and restoring land,
project sponsors shall consider, where appropriate, the
increased risks and vulnerabilities associated with future
extreme weather events, sea level rise and coastal flooding.
(b) Funds made available in this Act shall be available to
develop, in partnership with State, local and tribal
officials, regional projections and assessments of future
risks and vulnerabilities to extreme weather events, sea
level rise and coastal flooding that may be used for the
planning referred to in subsection (a), and to encourage
coordination and facilitate long-term community resiliency.
Sec. 1105.  Recipients of Federal funds dedicated to
reconstruction efforts under this Act shall, to the greatest
extent practicable, ensure that such reconstruction efforts
maximize the utilization of technologies designed to mitigate
future power outages, continue delivery of vital services and
maintain the flow of power to facilities critical to public
health, safety and welfare. The Secretary of Housing and
Urban Development as chair of the Hurricane Sandy Rebuilding
Task Force shall issue appropriate guidelines to implement
this requirement.
This Act may be cited as the ``Disaster Relief
Appropriations Act, 2013''.
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