In the Senate of the United States,
December 28, 2012.
Amendments:
That the bill from the House of Representatives
(H.R. 1) entitled An Act 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.
, do pass with
the following
Strike all after the enacting clause, and insert in lieu thereof:
SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE
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 Congress as 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.
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—
$6,200,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy;
$10,000,000 to repair and improve weather forecasting capabilities and infrastructure;
$150,000,000 to evaluate, stabilize and restore coastal ecosystems affected by Hurricane Sandy;
$56,800,000 for mapping, charting, damage assessment, and marine debris coordination and remediation; and
$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—
$47,000,000 for the Coastal and Estuarine Land Conservation Program to support State and local restoration in areas affected by Hurricane Sandy;
$9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy;
$44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft; and
$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.
Department of defense
Department of defense—military
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount
for Operation and Maintenance, Army
, $5,370,000, to remain
available until September 30, 2013, for necessary expenses related to the
consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Navy
For an additional amount
for Operation and Maintenance, Navy
, $40,015,000, to remain
available until September 30, 2013, for necessary expenses related to the
consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Air Force
For an additional amount
for Operation and Maintenance, Air Force
, $8,500,000, to remain
available until September 30, 2013, for necessary expenses related to the
consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army National Guard
For an
additional amount for Operation and Maintenance, Army National
Guard
, $3,165,000, to remain available until September 30, 2013, for
necessary expenses related to the consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Air National Guard
For an
additional amount for Operation and Maintenance, Air National
Guard
, $5,775,000, to remain available until September 30, 2013, for
necessary expenses related to the consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount
for Procurement of Ammunition, Army
, $1,310,000, to remain
available until September 30, 2015, for necessary expenses related to the
consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount
for Defense Working Capital Funds
, $24,200,000, to remain
available until September 30, 2013, for necessary expenses related to the
consequences of Hurricane Sandy:
Provided, That such amount is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
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 these funds may be used to construct any project that is currently under study by the Corps for reducing flooding and storm damage risks in areas along the Atlantic coast within the North Atlantic or the Gulf Coast within the Mississippi Valley Divisions of the U.S. Army Corps of Engineers that suffered direct surge inundation impacts and significant monetary damages from Hurricanes Isaac or Sandy if the study demonstrates that the project will cost-effectively reduce those risks and is environmentally acceptable and technically feasible: 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 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 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 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.
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
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
.
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 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
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
.
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.
Effective date
The amendment made by subsection (a) shall be considered to have taken effect on December 12, 2012.
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.).
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.
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.
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
Definitions
In this section—
the term Administrator means the Administrator of the Federal Emergency Management Agency; and
the term covered hazard mitigation land means land—
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
that is located—
in a West North Central State; and
in a community that—
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
certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the National Flood Insurance Program.
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—
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;
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;
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—
specifying the maintenance activities to be performed;
specifying the frequency with which maintenance activities will be performed;
specifying the person responsible for performing each maintenance activity (by name or title);
detailing the plan for financing the maintenance of the levee; and
documenting the ability of the State, local, or tribal government to finance the maintenance of the levee.
Maintenance certification
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).
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.
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 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.
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
Short title
This section may be
cited as the Disaster Recovery Act of
2012
.
Hazard mitigation
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:
Expedited procedures
In general
For the purpose of providing assistance under this section, the President shall ensure that—
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
the shortest existing applicable process under the National Environmental Policy Act and the National Historic Preservation Act shall be utilized.
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.
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.
.
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).
.
Applicability
The authority under the amendments made by this subsection shall apply for—
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
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.
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—
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
by adding at the end the following:
Public assistance program alternative procedures
In general
The Administrator of the Federal Emergency Management Agency may approve projects under the alternative procedures adopted under this section for—
any major disaster or emergency declared on or after the date of enactment of this section; and
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.
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).
Goals
Any procedures adopted under subsection (b) shall further the goals of—
reducing the costs to the Federal Government of providing such assistance;
increasing flexibility in the administration of such assistance;
expediting the provision of such assistance to States, tribal, and local governments and to owners or operators of private nonprofit facilities; and
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.
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.
Requirements for procedures
The alternative procedures adopted under subsection (b) shall include—
for repair, restoration, and replacement of damaged facilities under section 406—
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;
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—
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
management expenses;
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;
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—
cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and
other activities to improve future Public Assistance operations or planning;
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;
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
for debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)—
making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost effective completion if the State, tribal, or local government, or owner or operator of the private nonprofit facility agrees to be responsible to pay for any actual costs that exceed the estimate;
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;
allowing use of program income from recycled debris without offset to the grant amount;
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;
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
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—
debris management planning;
acquisition of debris management equipment for current or future use; and
other activities to improve future debris removal operations, as determined by the Administrator.
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.
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.).
.
Simplified procedures
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is amended—
by
striking If the Federal estimate
and inserting the
following:
In general
If the Federal estimate
;
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;
by
inserting or, if applicable, the amount established under subsection
(b),
after $35,000 amount
; and
by adding at the end the following:
Threshold
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—
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
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).
Amount
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
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
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
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.
.
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:
Salaries and benefits
In general
If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State, tribal, or local government for costs relating to—
basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
the work is not typically performed by the employees; and
the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals; or
overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
Overtime
The guidelines for reimbursement for costs under paragraph (1) shall ensure that no State, tribal, or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
No effect on mutual aid pacts
Nothing in this subsection shall effect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
.
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:
Unified federal review
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.
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.
.
Dispute resolution pilot program
Definitions
In this subsection—
the term Administrator means the Administrator of the Federal Emergency Management Agency; and
the term eligible assistance means assistance—
under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173);
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
for which the applicant has a non-Federal share.
Procedures
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.
Binding effect
A decision by an independent review panel under this subsection shall be binding upon the parties to the dispute.
Considerations
The procedures established under this subsection shall—
allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
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;
require that the sponsor of an independent review panel for any alternative dispute resolution under this subsection shall be—
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
responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this subsection;
require an independent review panel to—
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;
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;
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
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;
require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this subsection; and
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.
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.
Sunset
A request for review by an independent review panel under this subsection may not be made after December 31, 2015.
Report
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 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.
Contents
The report submitted under subparagraph (A) shall include—
a determination of the availability of data required to complete the report;
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;
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;
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;
a recommendation as to whether any aspect of the program under this subsection should be made a permanent authority; and
recommendations for any modifications to the authority or the administration of the authority under this subsection in order to improve the disaster recovery process.
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.
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—
in
the paragraph heading, by inserting Child care,
after Dental,
; and
by
inserting child care,
after dental,
.
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—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
by inserting after clause (i) the following:
Lease and repair of rental units for temporary housing
In general
The President, to the extent it would be a cost effective alternative to other temporary housing options, may—
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
make repairs or improvement to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
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.
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
in
clause (iv), as so redesignated, by striking clause (ii)
and
inserting clause (iii)
.
Tribal requests for a major disaster or emergency declaration under the Stafford Act
Major disaster requests
Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended—
by striking
All requests for a declaration
and inserting (a)
In general.—All
requests for a declaration
; and
by adding at the end the following:
Indian tribal government requests
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).
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.
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.
Cost share adjustments for indian tribal governments
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—
the President has the authority to waive or adjust the payment under another provision of this Act; and
the President determines that the waiver or adjustment is necessary and appropriate.
Criteria for making determinations
The President shall establish criteria for making determinations under paragraph (1)(B).
.
Emergency requests
Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following:
Indian tribal government requests
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).
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.
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.
.
Definitions
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended—
in paragraph
(7)(B) by striking ; and
and inserting , that is not an
Indian tribal government as defined in paragraph (6); and
;
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
by inserting after paragraph (5) the following:
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
by adding at the end the following:
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.
.
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:
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.
.
Regulations
Issuance
The President shall issue regulations to carry out the amendments made by this subsection.
Factors
In issuing regulations under this paragraph, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.
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—
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;
the availability of loans from private sources to address such impacts, including information on interest rates, repayment terms, securitization requirements, and the ability of affected local governments to qualify for such loans;
the availability of Federal resources to address the budgetary impacts of Hurricane Sandy upon local governments;
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—
an assessment of the current statutory limits on loan amounts;
the regulations, policies, and procedures governing program mobilization to communities in need and expeditious processing of loan applications;
information on interest rates, repayment terms, securitization requirements, and ability of affected local governments to qualify for such loans;
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;
repayment terms and timeframes on loans that do not qualify for cancellation;
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
recommendations on steps the Federal Emergency Management Agency may take in order to improve program administration, effectiveness, communications, and speed; and
potential consequences of Federal action or inaction to address the budgetary impacts of Hurricane Sandy upon local governments.
Applicability
Unless otherwise specified, this section and the amendments made by this section shall apply for—
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
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.
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.
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.
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 the purposes
provided herein prior to the enactment of this Act may be charged to this
appropriation: Provided further, That funds appropriated in
this paragraph may be used to make grants 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.
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 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.
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 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
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.
The Departments of Transportation and Housing and Urban Development shall submit to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of the enactment of this Act a plan for implementing the provisions in this title, and updates to such plan on a biannual basis thereafter.
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 and posts the notification on the public website of that agency not less than 3 full business days before either Department (or a modal administration of either Department) announces the selection of any project, State or locality to receive a grant award totaling $500,000 or more.
General Provisions—This Act
Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved.
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.
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.
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.
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:
requires the grantee to return to the agency any funds not expended within the 24-month period; and
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.
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.
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.
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.
Vehicles use in the wake of Hurricane Sandy
Report
Not later than 7 days after the date of enactment of this Act, the Department of Justice and Department of Homeland Security shall identify and relocate any vehicles currently based at the Washington, D.C., headquarters of such agencies used for non-operational purposes to replace vehicles of those agencies damaged by Hurricane Sandy. The Department of Justice and Department of Homeland Security shall provide copies of a report summarizing the actions taken to carry out this subsection to the House and Senate Committees on Appropriations and Judiciary.
Funding limitation
No funds provided by this Act shall be used to purchase, repair, or replace any Department of Justice or Department of Homeland security vehicle until after the report required by subsection (a) has been provided to Congress.
Increased Embassy Security
Funds appropriated under the heading “Administration of Foreign Affairs” under Title VIII of Division I of Public Law 112–74 and as carried forward under Public Law 112–175, may be transferred to, and merged with, any such other funds appropriated under such title and heading: Provided, That such transfers shall be subject to the regular notification procedures of the Committees on Appropriations.
Prohibition on emergency spending for persons having serious delinquent tax debts
Definition of seriously delinquent tax debt
In this section:
In general
The term seriously delinquent tax debt means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of that Code.
Exclusions
The term seriously delinquent tax debt does not include—
a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122 of Internal Revenue Code of 1986; and
a debt with respect to which a collection due process hearing under section 6330 of that Code, or relief under subsection (a), (b), or (f) of section 6015 of that Code, is requested or pending.
Prohibition
Notwithstanding any other provision of this Act or an amendment made by this Act, none of the amounts appropriated by or otherwise made available under this Act may be used to make payments to an individual or entity who has a seriously delinquent tax debt during the pendency of such seriously delinquent tax debt.
Prohibition on emergency spending for deceased individuals
None of the amounts appropriated by or otherwise made available under this Act may be used for any person who is not alive when the amounts are made available. This does not apply to funeral costs.
This Act may be cited as the
Disaster Relief Appropriations Act,
2013
.
Amend the title so as to read: An Act making
appropriations for disaster relief for the fiscal year ending September 30,
2013, and for other
purposes.
.
Secretary