[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 28, 2012.
Resolved, 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
AMENDMENTS:
Strike all after the enacting clause, and insert in lieu
thereof:
That the following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for fiscal year 2013, and for
other purposes, namely:
SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Farm Service Agency
emergency conservation program
For necessary expenses for the ``Emergency Conservation Program'',
$25,090,000, to remain available until expended, of which $15,000,000
is for expenses resulting from a major disaster declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et. seq.): Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
emergency forest restoration program
For necessary expenses for the ``Emergency Forest Restoration
Program'', $58,855,000, to remain available until expended, of which
$49,010,000 is for expenses resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et. seq.): Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
CONSERVATION PROGRAMS
Natural Resources Conservation Service
emergency watershed protection program
For necessary expenses for the ``Emergency Watershed Protection
Program'', $125,055,000, to remain available until expended, of which
$77,085,000 is for expenses resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et. seq.): Provided, That unobligated
balances for the ``Emergency Watershed Protection Program'' provided in
Public Law 108-199, Public Law 109-234, and Public Law 110-28 shall be
available for the purposes of such program for disasters, and shall
remain available until expended: Provided further, That such amounts
are designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
commodity assistance program
For an additional amount for the emergency food assistance program
as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508(a)(1)), $15,000,000, to remain available
through September 30, 2014: Provided, That notwithstanding any other
provisions of the Emergency Food Assistance Act of 1983 (the ``Act''),
the Secretary may allocate additional foods and funds for
administrative expenses from resources specifically appropriated,
transferred, or reprogrammed to restore to states resources used to
assist families and individuals displaced by Hurricane Sandy among the
states without regard to sections 204 and 214 of the Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended.
TITLE II
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $373,000,000 to remain available until September 30,
2014, as follows--
(1) $6,200,000 to repair and replace ocean observing and
coastal monitoring assets damaged by Hurricane Sandy;
(2) $10,000,000 to repair and improve weather forecasting
capabilities and infrastructure;
(3) $150,000,000 to evaluate, stabilize and restore coastal
ecosystems affected by Hurricane Sandy;
(4) $56,800,000 for mapping, charting, damage assessment,
and marine debris coordination and remediation; and
(5) $150,000,000, for necessary expenses related to fishery
disasters as declared by the Secretary of Commerce in calendar
year 2012:
Provided, That the National Oceanic and Atmospheric Administration
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate within 45 days after the date
of enactment of this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $109,000,000, to remain available until September 30,
2015, as follows--
(1) $47,000,000 for the Coastal and Estuarine Land
Conservation Program to support State and local restoration in
areas affected by Hurricane Sandy;
(2) $9,000,000 to repair National Oceanic and Atmospheric
Administration (NOAA) facilities damaged by Hurricane Sandy;
(3) $44,500,000 for repairs and upgrades to NOAA hurricane
reconnaissance aircraft; and
(4) $8,500,000 for improvements to weather forecasting
equipment and supercomputer infrastructure:
Provided, That NOAA shall submit a spending plan to the Committees on
Appropriations of the House of Representatives and the Senate within 45
days after the date of enactment of this Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF JUSTICE
General Administration
office of inspector general
For an additional amount for ``General Administration, Office of
Inspector General'' for necessary expenses related to the consequences
of Hurricane Sandy, $20,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of Investigation,
Salaries and Expenses'' for necessary expenses related to the
consequences of Hurricane Sandy, $4,000,000, to remain available until
September 30, 2013: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement Administration,
Salaries and Expenses'' for necessary expenses related to the
consequences of Hurricane Sandy, $1,000,000, to remain available until
September 30, 2013: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Bureau of Alcohol, Tobacco, Firearms
and Explosives, Salaries and Expenses'' for necessary expenses related
to the consequences of Hurricane Sandy, $230,000, to remain available
until September 30, 2013: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Federal Prison System
buildings and facilities
For an additional amount for ``Federal Prison System, Buildings and
Facilities'' for necessary expenses related to the consequences of
Hurricane Sandy, $10,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair at National Aeronautics and
Space Administration facilities damaged by Hurricane Sandy,
$15,000,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Legal Services Corporation, Payment
to the Legal Services Corporation'' to carry out the purposes of the
Legal Services Corporation Act by providing for necessary expenses
related to the consequences of Hurricane Sandy, $1,000,000, to remain
available until September 30, 2013: Provided, That the amount made
available under this heading shall be used only to provide the mobile
resources, technology, and disaster coordinators necessary to provide
storm-related services to the Legal Services Corporation client
population and only in the areas significantly affected by Hurricane
Sandy: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That none of the funds appropriated in
this Act to the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105-119,
and all funds appropriated in this Act to the Legal Services
Corporation shall be subject to the same terms and conditions set forth
in such sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2012 and 2013,
respectively, and except that sections 501 and 503 of Public Law 104-
134 (referenced by Public Law 105-119) shall not apply to the amount
made available under this heading.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$5,370,000, to remain available until September 30, 2013, for necessary
expenses related to the consequences of Hurricane Sandy: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$40,015,000, to remain available until September 30, 2013, for
necessary expenses related to the consequences of Hurricane Sandy:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $8,500,000, to remain available until September 30, 2013, for
necessary expenses related to the consequences of Hurricane Sandy:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $3,165,000, to remain available until September 30,
2013, for necessary expenses related to the consequences of Hurricane
Sandy: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $5,775,000, to remain available until September 30,
2013, for necessary expenses related to the consequences of Hurricane
Sandy: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$1,310,000, to remain available until September 30, 2015, for necessary
expenses related to the consequences of Hurricane Sandy: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$24,200,000, to remain available until September 30, 2013, for
necessary expenses related to the consequences of Hurricane Sandy:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE IV
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'' to expedite studies
of flood and storm damage reduction related natural disasters,
$50,000,000 at full Federal expense, to remain available until
expended: Provided, That using $34,500,000 of the funds provided
herein, the Secretary shall expedite and complete ongoing flood and
storm damage reduction studies in areas that were impacted by
Hurricanes Sandy and Isaac in the North Atlantic and Mississippi Valley
Divisions of the U.S. Army Corps of Engineers: Provided further, That
using up to $15,000,000 of the funds provided herein, the Secretary
shall support an interagency planning process in conjunction with
State, local and Tribal officials to develop plans to address the flood
risks of vulnerable coastal populations, including innovative
approaches to promote the long-term sustainability of the coastal
ecosystems and communities to reduce the economic costs and risks
associated with large-scale flood and storm events: Provided further,
That using $500,000 of the funds provided herein, the Secretary shall
conduct an evaluation of the performance of existing projects
constructed by the U.S. Army Corps of Engineers and impacted by
Hurricane Sandy for the purposes of determining their effectiveness and
making recommendations for improvements thereto: Provided further,
That as a part of the study, the Secretary shall identify institutional
and other barriers to providing comprehensive protection to affected
coastal areas and shall provide this report to the Committees on
Appropriations of the House of Representatives and the Senate within
120 days of enactment of this Act: Provided further, That the amounts
in this paragraph are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days after
enactment of this Act.
construction
(including transfer of funds)
For an additional amount for ``Construction'' to rehabilitate,
repair and construct U.S. Army Corps of Engineers projects related to
the consequences of natural disasters, $3,461,000,000, to remain
available until expended: Provided, That $2,902,000,000 of the funds
provided under this heading shall be used to reduce future flood risk
in ways that will support the long-term sustainability of the coastal
ecosystem and communities and reduce the economic costs and risks
associated with large-scale flood and storm events that occurred in
2012 along the Gulf Coast and Atlantic Coast within the boundaries of
the North Atlantic and Mississippi Valley Divisions of the Corps that
were affected by Hurricanes Sandy and Isaac: Provided further, That
efforts using these funds shall incorporate current science and
engineering standards in constructing previously authorized Corps
projects designed to reduce flood and storm damage risks and modifying
existing Corps projects that do not meet these standards, with such
modifications as the Secretary determines are necessary to incorporate
these standards or to meet the goal of providing sustainable reduction
to flooding and storm damage risks: Provided further, That 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.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $7,000,000, to remain available until expended, notwithstanding
40 U.S.C. 3307, for necessary expenses related to the consequences of
Hurricane Sandy, including repair and alteration of buildings under the
custody and control of the Administrator of General Services, and real
property management and related activities not otherwise provided for:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$40,000,000, to remain available until September 30, 2014, of which
$20,000,000 is for grants to or cooperative agreements with
organizations to provide technical assistance related to disaster
recovery, response, and long-term resiliency to small businesses that
are recovering from Hurricane Sandy; and of which $20,000,000 is for
grants or cooperative agreements for public-private partnerships to
provide long-term economic development assistance to industries and/or
regions affected by Hurricane Sandy through economic development
initiatives, including innovation clusters, industry accelerators,
supply-chain support, commercialization, and workforce development:
Provided, That the Small Business Administration (SBA) shall expedite
the delivery of assistance in disaster-affected areas by awarding
grants or cooperative agreements for technical assistance only to
current recipients of SBA grants or cooperative agreements using a
streamlined application process that relies, to the maximum extent
practicable, upon previously submitted documentation: Provided
further, That the Administrator of the Small Business Administration
shall waive the matching requirements under section 21(a)(4)(A) and
29(c) of the Small Business Act for any grant made using funds made
available under this heading: Provided further, That in designing
appropriate economic development initiatives and identifying those
regions and industries most affected by Hurricane Sandy, the SBA shall
work with other Federal agencies, State and local economic development
entities, institutions of higher learning, and private sector partners:
Provided further, That grants or cooperative agreements for public-
private partnerships may be awarded to public or private nonprofit
organizations, or any combination thereof: Provided further, That no
later than 30 days after the date of enactment of this Act, or no less
than 7 days prior to obligation of funds, whichever occurs earlier, the
SBA shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'' for
necessary expenses related to the consequences of Hurricane Sandy and
other disasters, $5,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
disaster loans program account
(including transfer of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, for necessary expenses related to Hurricane Sandy and
other disasters, $500,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That in addition, for administrative expenses
to carry out the direct loan program authorized by section 7(b) of the
Small Business Act in response to Hurricane Sandy and other disasters,
$260,000,000, to remain available until expended, of which $250,000,000
is for direct administrative expenses of loan making and servicing to
carry out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and of which
$10,000,000 is for indirect administrative expenses for the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 501. Section 7(d)(6) of the Small Business Act (15 U.S.C.
636(d)(6)) is amended by inserting after ``which are made under
paragraph (1) of subsection (b)'' the following: ``: Provided further,
That the Administrator, in obtaining the best available collateral for
a loan of not more than $200,000 under paragraph (1) or (2) of
subsection (b) relating to damage to or destruction of the property of,
or economic injury to, a small business concern, shall not require the
owner of the small business concern to use the primary residence of the
owner as collateral if the Administrator determines that the owner has
other assets with a value equal to or greater than the amount of the
loan that could be used as collateral for the loan: Provided further,
That nothing in the preceding proviso may be construed to reduce the
amount of collateral required by the Administrator in connection with a
loan described in the preceding proviso or to modify the standards used
to evaluate the quality (rather than the type) of such collateral''.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane Sandy,
$1,667,000: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That a description of all property to
be replaced, with associated costs, shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives no later than 90 days after the date of enactment of
this Act.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane Sandy,
$855,000: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That a description of all property to be replaced,
with associated costs, shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives no later
than 90 days after the date of enactment of this Act.
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricane Sandy, $274,233,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That notwithstanding the transfer limitation
contained in section 503 of division D of Public Law 112-74, such
funding may be transferred to other Coast Guard appropriations after
notification as required in accordance with such section: Provided
further, That a description all facilities and property to be
reconstructed and restored, with associated costs and time lines, shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives no later than 90 days after the date of
enactment of this Act.
United States Secret Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane Sandy,
$300,000: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That a description of all property to be replaced,
with associated costs, shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives no later
than 90 days after the date of enactment of this Act.
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for the ``Disaster Relief Fund'' in
carrying out the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $11,487,735,000, to remain
available until expended: Provided, That of the total amount provided,
$5,379,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That the amount in the
previous proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That of the
total amount provided, $6,108,735,000 is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 which
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That of the total amount provided,
$3,000,000 shall be transferred to the Department of Homeland Security
``Office of Inspector General'' for audits and investigations related
to disasters.
Disaster Assistance Direct Loan Program Account
For an additional amount for the cost of direct loans,
$300,000,000, to remain available until expended, as authorized by
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184), of which up to $4,000,000 is for
administrative expenses to carry out the direct loan program:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $400,000,000: Provided further, That these amounts are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Science and Technology
research, development, acquisition, and operations
For an additional amount for ``Research, Development, Acquisition,
and Operations'' for necessary expenses related to the consequences of
Hurricane Sandy, $3,249,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Domestic Nuclear Detection Office
systems acquisition
For an additional amount for ``Systems Acquisition'' for necessary
expenses related to the consequences of Hurricane Sandy for replacing
or repairing U.S. Customs and Border Protection equipment, $3,869,000,
to remain available until September 30, 2015: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. (a) Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended by striking ``$20,725,000,000''
and inserting ``$30,425,000,000''.
(b) The amount provided by this section is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and as an emergency requirement pursuant to section 4(g) of
the Statutory Pay-As-You-Go Act of 2010.
(c) Effective Date.--The amendment made by subsection (a) shall be
considered to have taken effect on December 12, 2012.
Sec. 602. The Administrator of the Federal Emergency Management
Agency, in cooperation with representatives of State, tribal, and local
governments may give greater weight to the factors considered under
section 206.48(b)(3) of title 44, Code of Federal Regulations, to
accurately measure the acute needs of a population following a disaster
in order to expedite a declaration of Individual Assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
Sec. 603. For determinations regarding compliance with codes and
standards under the Federal Emergency Management Agency Public
Assistance program (42 U.S.C. 5172), the Administrator of the Federal
Emergency Management Agency, for major disasters declared on or after
August 27, 2011, shall consider eligible the costs required to comply
with a State's Stream Alteration General Permit process, including any
design standards required to be met as a condition of permit issuance.
Sec. 604. Notwithstanding any other provision of law, the
Administrator of the Federal Emergency Management may recommend to the
President an increase in the Federal cost share of the eligible cost of
permanent work under section 406 and of emergency work under section
403 and section 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) for damages resulting from
Hurricane Sandy without delay.
Sec. 605. In administering the funds made available to address any
major disaster declared during the period beginning on August 27, 2011
and ending on December 5, 2012, the Administrator of the Federal
Emergency Management Agency shall establish a pilot program for the
relocation of State facilities under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172),
under which the Administrator may waive, or specify alternative
requirements for, any regulation the Administrator administers to
provide assistance, consistent with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), for the permanent relocation of
State facilities, including administrative office buildings, medical
facilities, laboratories, and related operating infrastructure
(including heat, sewage, mechanical, electrical, and plumbing), that
were significantly damaged as a result of the major disaster, are
subject to flood risk, and are otherwise eligible for repair,
restoration, reconstruction, or replacement under section 406 of that
Act, if the Administrator determines that such relocation is
practicable, and will be cost effective or more appropriate than
repairing, restoring, reconstructing, or replacing the facility in its
pre-disaster location, and if such relocation will effectively mitigate
the flood risk to the facility.
levees
Sec. 606. (a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``covered hazard mitigation land'' means
land--
(A) acquired and deed restricted under section
404(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(b)) before,
on, or after the date of enactment of this Act; and
(B) that is located--
(i) in a West North Central State; and
(ii) in a community that--
(I) is participating in the
National Flood Insurance Program on the
date on which a State, local, or tribal
government submits an application
requesting to construct a permanent
flood risk reduction levee under
subsection (b); and
(II) certifies to the Administrator
and the Chief of Engineers that the
community will continue to participate
in the National Flood Insurance
Program.
(b) Authority.--Notwithstanding clause (i) or (ii) of section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(b)(2)(B)), the Administrator shall
approve the construction of a permanent flood risk reduction levee by a
State, local, or tribal government on covered hazard mitigation land if
the Administrator and the Chief of Engineers determine, through a
process established by the Administrator and Chief of Engineers and
funded entirely by the State, local, or tribal government seeking to
construct the proposed levee, that--
(1) construction of the proposed permanent flood risk
reduction levee would more effectively mitigate against
flooding risk than an open floodplain or other flood risk
reduction measures;
(2) the proposed permanent flood risk reduction levee
complies with Federal, State, and local requirements, including
mitigation of adverse impacts and implementation of floodplain
management requirements, which shall include an evaluation of
whether the construction, operation, and maintenance of the
proposed levee would continue to meet best available industry
standards and practices and would be the most cost-effective
measure to protect against the assessed flood risk and
minimizes future costs to the Federal Government;
(3) the State, local, or tribal government seeking to
construct the proposed levee has provided an adequate
maintenance plan that documents the procedures the State,
local, or tribal government will use to ensure that the
stability, height, and overall integrity of the proposed levee
and the structure and systems of the proposed levee are
maintained, including--
(A) specifying the maintenance activities to be
performed;
(B) specifying the frequency with which maintenance
activities will be performed;
(C) specifying the person responsible for
performing each maintenance activity (by name or
title);
(D) detailing the plan for financing the
maintenance of the levee; and
(E) documenting the ability of the State, local, or
tribal government to finance the maintenance of the
levee.
(c) Maintenance Certification.--
(1) In general.--A State, local, or tribal government that
constructs a permanent flood risk reduction levee under
subsection (b) shall submit to the Administrator and the Chief
of Engineers an annual certification indicating whether the
State, local, or tribal government is in compliance with the
maintenance plan provided under subsection (b)(3).
(2) Review.--The Chief of Engineers shall review a
certification submitted under paragraph (1) and determine
whether the State, local, or tribal government has complied
with the maintenance plan.
Sec. 607. The Administrator of the Federal Emergency Management
Agency shall cancel the liquidated balances of all remaining
uncancelled or partially cancelled loans disbursed under the Community
Disaster Loan Act of 2005 (Public Law 109-88) and the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109-234), as amended by
section 4502 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) to the extent that revenues of the local government during the
period following the major disaster are insufficient to meet the budget
of the local government, including additional disaster-related expenses
of a municipal character. In calculating a community's revenues while
determining cancellation, the Administrator shall exclude revenues for
special districts and any other revenues that are required by law to be
disbursed to other units of local government or used for specific
purposes more limited than the scope allowed by the General Fund. In
calculating a community's expenses, the Administrator shall include
disaster-related capital expenses for which the community has not been
reimbursed by Federal or insurance proceeds, debt service expenses, and
accrued but unpaid uncompensated absences (vacation and sick pay). In
calculating the operating deficit of the local government, the
Administrator shall also consider all interfund transfers. When
considering the period following the disaster, the Administrator may
consider a period of 3, 5, or 7 full fiscal years after the disaster,
beginning on the date of the declaration, in determining eligibility
for cancellation. The criteria for cancellation do not apply to those
loans already cancelled in full. Applicants shall submit supplemental
documentation in support of their applications for cancellation on or
before April 30, 2014, and the Administrator shall issue determinations
and resolve any appeals on or before April 30, 2015. Loans not
cancelled in full shall be repaid not later than September 30, 2035.
The Administrator may use funds provided under Public Law 109-88 to
reimburse those communities that have repaid all or a portion of loans,
including interest, provided as Special Community Disaster Loans under
Public Law 109-88 or Public Law 109-234, as amended by section 4502 of
Public Law 110-28. Further, the Administrator may use funds provided
under Public Law 109-88 for necessary expenses to carry out this
provision: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 608. The Inspector General shall review the applications for
public assistance provided through the Disaster Relief Fund with a
project cost that exceeds $10,000,000 and the resulting decisions
issued by the Federal Emergency Management Agency for category A debris
removal for DR-1786 upon receipt of a request from an applicant made no
earlier than 90 days after filing an appeal with the Federal Emergency
Management Agency without regard to whether the Administrator of the
Federal Emergency Management Agency has issued a final agency
determination on the application for assistance: Provided, That not
later than 180 days after the date of such request, the Inspector
General shall determine whether the Federal Emergency Management Agency
correctly applied its rules and regulations to determine eligibility of
the applicant's claim: Provided further, That if the Inspector General
finds that the Federal Emergency Management Agency determinations
related to eligibility and cost involved a misapplication of its rules
and regulations, the applicant may submit the dispute to the
arbitration process established under the authority granted under
section 601 of Public Law 111-5 not later than 15 days after the date
of issuance of the Inspector General's finding in the previous proviso:
Provided further, That if the Inspector General finds that the Federal
Emergency Management Agency provided unauthorized funding, that the
Federal Emergency Management Agency shall take corrective action.
disaster recovery
Sec. 609. (a) Short Title.--This section may be cited as the
``Disaster Recovery Act of 2012''.
(b) Hazard Mitigation.--
(1) In general.--Section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c)
is amended by adding at the end the following:
``(d) Expedited Procedures.--
``(1) In general.--For the purpose of providing assistance
under this section, the President shall ensure that--
``(A) adequate resources are devoted to ensuring
that applicable environmental reviews under the
National Environmental Policy Act and historic
preservation reviews under the National Historic
Preservation Act are completed on an expeditious basis;
and
``(B) the shortest existing applicable process
under the National Environmental Policy Act and the
National Historic Preservation Act shall be utilized.
``(2) Authority for other expedited procedures.--The
President may utilize expedited procedures in addition to those
required under paragraph (1) for the purpose of providing
assistance under this section, such as those under the
Prototype Programmatic Agreement of the Federal Emergency
Management Agency, for the consideration of multiple structures
as a group and for an analysis of the cost-effectiveness and
fulfillment of cost-share requirements for proposed hazard
mitigation measures.
``(e) Advance Assistance.--The President may provide not more than
25 percent of the amount of the estimated cost of hazard mitigation
measures to a State grantee eligible for a grant under this section
before eligible costs are incurred.''.
(2) Establishment of criteria relating to administration of
hazard mitigation assistance by states.--Section 404(c)(2) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c(c)(2)) is amended by inserting ``Until
such time as the Administrator promulgates regulations to
implement this paragraph, the Administrator may waive notice
and comment rulemaking if the Administrator determines doing so
is necessary to expeditiously implement this section and may
carry out the alternative procedures under this section as a
pilot program'' after ``applications submitted under paragraph
(1).''.
(3) Applicability.--The authority under the amendments made
by this subsection shall apply for--
(A) any major disaster or emergency declared under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) on or after the
date of enactment of this Act; and
(B) a major disaster or emergency declared before
the date of enactment of this Act for which the period
for processing requests for assistance has not ended on
the date of enactment of this Act.
(c) Public Assistance Program Alternative Procedures.--Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.) is amended--
(1) by redesignating section 425 (42 U.S.C. 5189e) relating
to essential service providers, as added by section 607 of the
SAFE Port Act (Public Law 109-347; 120 Stat. 1941) as section
427; and
(2) by adding at the end the following:
``SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.
``(a) In General.--The Administrator of the Federal Emergency
Management Agency may approve projects under the alternative procedures
adopted under this section for--
``(1) any major disaster or emergency declared on or after
the date of enactment of this section; and
``(2) any project relating to a major disaster or emergency
declared before the date of enactment of this section for which
construction has not begun on the date of enactment of this
section.
``(b) Adoption.--The Administrator, in coordination with States,
tribal, and local governments, and owners or operators of private
nonprofit facilities, may adopt alternative procedures to administer
assistance provided under sections 403(a)(3)(A), 406, 407, and
502(a)(5).
``(c) Goals.--Any procedures adopted under subsection (b) shall
further the goals of--
``(1) reducing the costs to the Federal Government of
providing such assistance;
``(2) increasing flexibility in the administration of such
assistance;
``(3) expediting the provision of such assistance to
States, tribal, and local governments and to owners or
operators of private nonprofit facilities; and
``(4) providing financial incentives and disincentives for
the State, tribal, or local government, or owner or operator of
a private nonprofit facility for the timely and cost-effective
completion of projects with such assistance.
``(d) Voluntary Participation.--Participation in alternative
procedures adopted under this section shall be at the election of a
State, tribal, or local government, or owner or operator of a private
nonprofit facility consistent with procedures determined by the
Administrator.
``(e) Requirements for Procedures.--The alternative procedures
adopted under subsection (b) shall include--
``(1) for repair, restoration, and replacement of damaged
facilities under section 406--
``(A) making grants on the basis of fixed
estimates, if the State, tribal, or local government,
or owner or operator of the private nonprofit facility
agrees to be responsible for any actual costs that
exceed the estimate;
``(B) providing an option for a State, tribal, or
local government, or owner or operator of a private
nonprofit facility to elect to receive an in-lieu
contribution, without reduction, on the basis of
estimates of--
``(i) the cost of repair, restoration,
reconstruction, or replacement of a public
facility owned or controlled by the State,
tribal, or local government or the owner or
operator of a private nonprofit facility; and
``(ii) management expenses;
``(C) consolidating, to the extent determined
appropriate by the Administrator, the facilities of a
State, tribal, or local government, or owner or
operator of a private nonprofit facility as a single
project based upon the estimates adopted under the
procedures;
``(D) if the actual costs of a project completed
under the procedures are less than the estimated costs
thereof, the Administrator may permit a grantee or
subgrantee to use all or part of the excess funds for
purposes of--
``(i) cost-effective activities that reduce
the risk of future damage, hardship, or
suffering from a major disaster; and
``(ii) other activities to improve future
Public Assistance operations or planning;
``(E) in determining eligible cost under section
406, the Administrator shall make available, at an
applicant's request and where the Federal Emergency
Management Agency or the certified cost estimate
prepared by the applicant's professionally licensed
engineers has estimated an eligible Federal share for a
project of not less than $5,000,000, an independent
expert panel to validate the estimated eligible cost
consistent with applicable regulations and policies
implementing this section;
``(F) in determining eligible cost under section
406, the Administrator shall, at the applicant's
request, consider properly conducted and certified cost
estimates prepared by professionally licensed engineers
(mutually agreed upon by the Administrator and the
applicant), to the extent that such estimates comply
with applicable regulation, policy, and guidance; and
``(2) for debris removal under sections 403(a)(3)(A), 407,
and 502(a)(5)--
``(A) making grants on the basis of fixed estimates
to provide financial incentives and disincentives for
the timely or cost effective completion if the State,
tribal, or local government, or owner or operator of
the private nonprofit facility agrees to be responsible
to pay for any actual costs that exceed the estimate;
``(B) using a sliding scale for the Federal share
for removal of debris and wreckage based on the time it
takes to complete debris and wreckage removal;
``(C) allowing use of program income from recycled
debris without offset to the grant amount;
``(D) reimbursing base and overtime wages for
employees and extra hires of a State, tribal, or local
government, or owner or operator of a private nonprofit
facility performing or administering debris and
wreckage removal;
``(E) providing incentives to State, tribal, and
local governments to have a debris management plan
approved by the Federal Emergency Management Agency and
have pre-qualified one or more debris and wreckage
removal contractors before the date of declaration of
the major disaster; and
``(F) if the actual costs of projects under
subparagraph (A) are less than the estimated costs of
the project, the Administrator may permit a grantee or
subgrantee to use all or part of the excess funds for--
``(i) debris management planning;
``(ii) acquisition of debris management
equipment for current or future use; and
``(iii) other activities to improve future
debris removal operations, as determined by the
Administrator.
``(f) Waiver Authority.--Until such time as the Administrator
promulgates regulations to implement this section, the Administrator
may waive notice and comment rulemaking, if the Administrator
determines the waiver is necessary to expeditiously implement this
section, and may carry out the alternative procedures under this
section as a pilot program.
``(g) Reimbursement.--The guidelines for reimbursement for costs
under subsection (e)(2)(D) shall assure that no State, tribal, or local
government is denied reimbursement for overtime payments that are
required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.).''.
(d) Simplified Procedures.--Section 422 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is
amended--
(1) by striking ``If the Federal estimate'' and inserting
the following:
``(a) In General.--If the Federal estimate'';
(2) by inserting ``or, if the Administrator has established
a threshold under subsection (b), the amount established under
subsection (b)'' after ``$35,000'' the first place it appears;
(3) by inserting ``or, if applicable, the amount
established under subsection (b),'' after ``$35,000 amount'';
and
(4) by adding at the end the following:
``(b) Threshold.--
``(1) Report.--Not later than 1 year after the date of
enactment of the Disaster Recovery Act of 2012, the President,
acting through the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
`Administrator'), shall--
``(A) complete an analysis to determine whether an
increase in the threshold for eligibility under
subsection (a) is appropriate, which shall include
consideration of cost-effectiveness, speed of recovery,
capacity of grantees, past performance, and
accountability measures; and
``(B) submit to the appropriate committees of the
Congress (as defined in section 602 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 701))
a report regarding the analysis conducted under
subparagraph (A).
``(2) Amount.--After the Administrator submits the report
required under paragraph (1), the President shall direct the
Administrator to--
``(A) immediately establish a threshold for
eligibility under this section in an appropriate
amount, without regard to chapter 5 of title 5, United
States Code; and
``(B) adjust the threshold annually to reflect
changes in the Consumer Price Index for all Urban
Consumers published by the Department of Labor.
``(3) Review.--Not later than 3 years after the date on
which the Administrator establishes a threshold under paragraph
(2), and every 3 years thereafter, the President, acting
through the Administrator, shall review the threshold for
eligibility under this section.''.
(e) Essential Assistance.--Section 403 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is
amended by adding at the end the following:
``(d) Salaries and Benefits.--
``(1) In general.--If the President declares a major
disaster or emergency for an area within the jurisdiction of a
State, tribal, or local government, the President may reimburse
the State, tribal, or local government for costs relating to--
``(A) basic pay and benefits for permanent
employees of the State, tribal, or local government
conducting emergency protective measures under this
section, if--
``(i) the work is not typically performed
by the employees; and
``(ii) the type of work may otherwise be
carried out by contract or agreement with
private organizations, firms, or individuals;
or
``(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local
government conducting emergency protective measures
under this section.
``(2) Overtime.--The guidelines for reimbursement for costs
under paragraph (1) shall ensure that no State, tribal, or
local government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
``(3) No effect on mutual aid pacts.--Nothing in this
subsection shall effect the ability of the President to
reimburse labor force expenses provided pursuant to an
authorized mutual aid pact.''.
(f) Unified Federal Review.--Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended by subsection
(c), is amended by adding at the end the following:
``SEC. 429. UNIFIED FEDERAL REVIEW.
``(a) In General.--Not later than 18 months after the date of
enactment of the Disaster Recovery Act of 2012, and in consultation
with the Council on Environmental Quality and the Advisory Council on
Historic Preservation, the President shall establish an expedited and
unified interagency review process to ensure compliance with
environmental and historic requirements under Federal law relating to
disaster recovery projects, in order to expedite the recovery process,
consistent with applicable law.
``(b) Contents.--The review process established under this section
shall include mechanisms to expeditiously address delays that may occur
during the recovery from a major disaster, and shall be updated as
appropriate, consistent with applicable law.''.
(g) Dispute Resolution Pilot Program.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency; and
(B) the term ``eligible assistance'' means
assistance--
(i) under section 403, 406, or 407 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b,
5172, 5173);
(ii) for which the legitimate amount in
dispute is not less than $1,000,000, which the
Administrator shall adjust annually to reflect
changes in the Consumer Price Index for all
Urban Consumers published by the Department of
Labor; and
(iii) for which the applicant has a non-
Federal share.
(2) Procedures.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, and in order to
facilitate an efficient recovery from major disasters,
the Administrator shall establish procedures under
which an applicant may request the use of alternative
dispute resolution, including arbitration by an
independent review panel, to resolve disputes relating
to eligible assistance.
(B) Binding effect.--A decision by an independent
review panel under this subsection shall be binding
upon the parties to the dispute.
(C) Considerations.--The procedures established
under this subsection shall--
(i) allow a party of a dispute relating to
eligible assistance to request an independent
review panel for the review;
(ii) require a party requesting an
independent review panel as described in clause
(i) to agree to forego rights to any further
appeal of the dispute relating to any eligible
assistance;
(iii) require that the sponsor of an
independent review panel for any alternative
dispute resolution under this subsection shall
be--
(I) an individual or entity
unaffiliated with the dispute (which
may include a Federal agency, an
administrative law judge, or a
reemployed annuitant who was an
employee of the Federal Government)
selected by the Administrator; and
(II) responsible for identifying
and maintaining an adequate number of
independent experts qualified to review
and resolve disputes under this
subsection;
(iv) require an independent review panel
to--
(I) resolve any remaining disputed
issue in accordance with all applicable
laws, regulations, and Federal
Emergency Management Agency
interpretations of those laws through
its published policies and guidance;
(II) consider only evidence
contained in the administrative record,
as it existed at the time at which the
Federal Emergency Management Agency
made its initial decision;
(III) only set aside a decision of
the Federal Emergency Management Agency
found to be arbitrary, capricious, an
abuse of discretion, or otherwise not
in accordance with law; and
(IV) in the case of a finding of
material fact adverse to the claimant
made on first appeal, only set aside or
reverse such finding if the finding is
clearly erroneous;
(v) require an independent review panel to
expeditiously issue a written decision for any
alternative dispute resolution under this
subsection; and
(vi) direct that if an independent review
panel for any alternative dispute resolution
under this subsection determines that the basis
upon which a party submits a request for
alternative dispute resolution is frivolous,
the independent review panel shall direct the
party to pay the reasonable costs of the
Federal Emergency Management Agency relating to
the review by the independent review panel.
(D) Funds received.--Any funds received by the
Federal Emergency Management Agency under the authority
under this subsection shall be deposited to the credit
of the appropriation or appropriations available for
the eligible assistance in dispute on the date on which
the funds are received.
(3) Sunset.--A request for review by an independent review
panel under this subsection may not be made after December 31,
2015.
(4) Report.--
(A) In general.--Not later than 270 days after the
termination of authority under this subsection pursuant
to paragraph (3), the Comptroller General of the United
States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report analyzing the
effectiveness of the program under this subsection.
(B) Contents.--The report submitted under
subparagraph (A) shall include--
(i) a determination of the availability of
data required to complete the report;
(ii) an assessment of the effectiveness of
the program under this subsection, including an
assessment of whether the program expedited or
delayed the disaster recovery process;
(iii) an assessment of whether the program
increased or decreased costs to administer
section 403, 406, or 407 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act;
(iv) an assessment of the procedures and
safeguards that the independent review panels
established to ensure objectivity and accuracy,
and the extent to which they followed those
procedures and safeguards;
(v) a recommendation as to whether any
aspect of the program under this subsection
should be made a permanent authority; and
(vi) recommendations for any modifications
to the authority or the administration of the
authority under this subsection in order to
improve the disaster recovery process.
(h) Individual Assistance Factors.--In order to provide more
objective criteria for evaluating the need for assistance to
individuals and to speed a declaration of a major disaster or emergency
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency, in cooperation with representatives of State,
tribal, and local emergency management agencies, shall review, update,
and revise through rulemaking the factors considered under section
206.48 of title 44, Code of Federal Regulations (including section
206.48(b)(2) of such title relating to trauma and the specific
conditions or losses that contribute to trauma), to measure the
severity, magnitude, and impact of a disaster.
(i) Child Care.--Section 408(e)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(e)(1)) is
amended--
(1) in the paragraph heading, by inserting ``Child care,''
after ``Dental,''; and
(2) by inserting ``child care,'' after ``dental,''.
(j) Temporary Housing.--Section 408(c)(1)(B) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(c)(1)(B)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(2) by inserting after clause (i) the following:
``(ii) Lease and repair of rental units for
temporary housing.--
``(I) In general.--The President,
to the extent it would be a cost
effective alternative to other
temporary housing options, may--
``(aa) enter into lease
agreements with owners of
multifamily rental property
located in areas covered by a
major disaster declaration to
house individuals and
households eligible for
assistance under this section;
and
``(bb) make repairs or
improvement to properties under
such lease agreements, to the
extent necessary to serve as
safe and adequate temporary
housing.
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs shall be
deducted from the value of the lease
agreement; and may not exceed the value
of the lease agreement.
``(III) Period of assistance.--The
President may not provide direct
assistance under this clause with
respect to a major disaster after the
end of the 18-month period beginning on
the date of declaration of the major
disaster by the President, except that
the President may extend that period if
the President determines that due to
extraordinary circumstances an
extension would be in the public
interest.''; and
(3) in clause (iv), as so redesignated, by striking
``clause (ii)'' and inserting ``clause (iii)''.
(k) Tribal Requests for a Major Disaster or Emergency Declaration
Under the Stafford Act.--
(1) Major disaster requests.--Section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) is amended--
(A) by striking ``All requests for a declaration''
and inserting ``(a) In General.--All requests for a
declaration''; and
(B) by adding at the end the following:
``(b) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected
Indian tribal government may submit a request for a declaration
by the President that a major disaster exists consistent with
the requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this Act, except
sections 310 and 326, to a State or the Governor of a State is
deemed to refer to an affected Indian tribal government or the
Chief Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this Act through a declaration made by the President at
the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.
``(c) Cost Share Adjustments for Indian Tribal Governments.--
``(1) In general.--In providing assistance to an Indian
tribal government under this Act, the President may waive or
adjust any payment of a non-Federal contribution with respect
to the assistance if--
``(A) the President has the authority to waive or
adjust the payment under another provision of this Act;
and
``(B) the President determines that the waiver or
adjustment is necessary and appropriate.
``(2) Criteria for making determinations.--The President
shall establish criteria for making determinations under
paragraph (1)(B).''.
(2) Emergency requests.--Section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191) is amended by adding at the end the following:
``(c) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected
Indian tribal government may submit a request for a declaration
by the President that an emergency exists consistent with the
requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for an
emergency declaration, any reference in this Act, except
sections 310 and 326, to a State or the Governor of a State is
deemed to refer to an affected Indian tribal government or the
Chief Executive of an affected Indian tribal government, as
appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this Act through a declaration made by the President at
the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.''.
(3) Definitions.--Section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)
is amended--
(A) in paragraph (7)(B) by striking ``; and'' and
inserting ``, that is not an Indian tribal government
as defined in paragraph (6); and'';
(B) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(C) by inserting after paragraph (5) the following:
``(6) Indian tribal government.--The term `Indian tribal
government' means the governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, or community that
the Secretary of the Interior acknowledges to exist as an
Indian tribe under the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a et seq.).''; and
(D) by adding at the end the following:
``(12) Chief executive.--The term `Chief Executive' means
the person who is the Chief, Chairman, Governor, President, or
similar executive official of an Indian tribal government.''.
(4) References.--Title I of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is
amended by adding after section 102 the following:
``SEC. 103. REFERENCES.
``Except as otherwise specifically provided, any reference in this
Act to `State and local', `State or local', `State, and local', `State,
or local', or `State, local' (including the plural form of such terms)
with respect to governments or officials and any reference to a `local
government' in sections 406(d)(3) and 417 shall be deemed to refer also
to Indian tribal governments and officials, as appropriate.''.
(5) Regulations.--
(A) Issuance.--The President shall issue
regulations to carry out the amendments made by this
subsection.
(B) Factors.--In issuing regulations under this
paragraph, the President shall consider the unique
conditions that affect the general welfare of Indian
tribal governments.
(l) Report.--Not later than 90 days after the date of enactment of
this Act, the Chair of the Hurricane Sandy Rebuilding Task Force
established by the President, in consultation with the Administrator of
the Federal Emergency Management Agency, the Secretary of the Treasury,
and others whom the Chair determines to be appropriate, shall submit to
the Committee on Appropriations and the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Appropriations and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes a discussion
of--
(1) the impacts of Hurricane Sandy on local government
budgets in States where a major disaster has been declared,
including revenues from taxes, fees, and other sources, and
expenses related to operations, debt obligations, and
unreimbursed disaster-related costs;
(2) the availability of loans from private sources to
address such impacts, including information on interest rates,
repayment terms, securitization requirements, and the ability
of affected local governments to qualify for such loans;
(3) the availability of Federal resources to address the
budgetary impacts of Hurricane Sandy upon local governments;
(4) the ability of the Community Disaster Loan program
authorized under section 417 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5184) to
effectively and expeditiously address budgetary impacts of
Hurricane Sandy and other disasters upon local governments,
including--
(A) an assessment of the current statutory limits
on loan amounts;
(B) the regulations, policies, and procedures
governing program mobilization to communities in need
and expeditious processing of loan applications;
(C) information on interest rates, repayment terms,
securitization requirements, and ability of affected
local governments to qualify for such loans;
(D) criteria governing the cancellation of such
loans, including appropriate classification of
available revenues and eligible expenses, and the
consistency of program rules with customary local
government budgetary practices and State or local laws
that affect the specific budgetary practices of local
governments affected by Hurricane Sandy and other
disasters;
(E) repayment terms and timeframes on loans that do
not qualify for cancellation;
(F) options for Congressional consideration related
to legislative modifications of this program, and any
other applicable provisions of Federal law, in order to
address the budgetary impacts of Hurricane Sandy and
other disasters upon local governments; and
(G) recommendations on steps the Federal Emergency
Management Agency may take in order to improve program
administration, effectiveness, communications, and
speed; and
(5) potential consequences of Federal action or inaction to
address the budgetary impacts of Hurricane Sandy upon local
governments.
(m) Applicability.--Unless otherwise specified, this section and
the amendments made by this section shall apply for--
(1) any major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) on or after the date of enactment of
this Act; and
(2) a major disaster or emergency declared before the date
of enactment of this Act for which the period for processing
requests for assistance has not ended on the date of enactment
of this Act.
TITLE VII
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses incurred to prepare for, respond to, and recover from
Hurricane Sandy, $78,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation Fund'' for
necessary expenses related to the consequences of Hurricane Sandy,
$50,000,000, to remain available until September 30, 2015, including
costs to states necessary to complete compliance activities required by
section 106 of the National Historic Preservation Act and costs needed
to administer the program: Provided, That grants shall only be
available for areas that have received a major disaster declaration
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): Provided further, That
individual grants shall not be subject to a non-Federal matching
requirement: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
construction
For an additional amount for ``Construction'' for necessary
expenses incurred to prepare for, respond to, and recover from
Hurricane Sandy, $348,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Bureau of Safety and Environmental Enforcement
oil spill research
For an additional amount for ``Oil Spill Research'' for necessary
expenses related to the consequences of Hurricane Sandy, $3,000,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Departmental Operations
office of the secretary
(including transfer of funds)
For an additional amount for ``Departmental Operations'' and any
Department of the Interior component bureau or office for necessary
expenses related to the consequences of Hurricane Sandy and for other
activities related to storms and natural disasters, $150,000,000, to
remain available until expended: Provided, That funds appropriated
herein shall be used to restore and rebuild parks, refuges, and other
public assets; increase the resiliency and capacity of coastal habitat
and infrastructure to withstand future storms and reduce the amount of
damage caused by such storms; protect natural and cultural values; and
assist State, tribal and local governments: Provided further, That the
Secretary may transfer these funds to any other account in the
Department and may expend such funds by direct expenditure, grants, or
cooperative agreements, including grants to or cooperative agreements
with States, Tribes, and municipalities, to carry out the purposes
provided herein: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate a detailed spending plan for the amounts provided herein
within 60 days of enactment of this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
ENVIRONMENTAL PROTECTION AGENCY
Environmental Programs and Management
For an additional amount for ``Environmental Programs and
Management'' for necessary expenses related to the consequences of
Hurricane Sandy, $725,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Hazardous Substance Superfund
For an additional amount for ``Hazardous Substance Superfund'' for
necessary expenses related to the consequences of Hurricane Sandy,
$2,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Leaking Underground Storage Tank Fund
For an additional amount for ``Leaking Underground Storage Tank
Fund'' for necessary expenses related to the consequences of Hurricane
Sandy, $5,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $810,000,000, to remain available until expended, of which
$700,000,000 shall be for capitalization grants for the Clean Water
State Revolving Funds under Title VI of the Federal Water Pollution
Control Act, and of which $110,000,000 shall be for capitalization
grants under section 1452 of the Safe Drinking Water Act: Provided,
That notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act,
funds appropriated herein shall be provided to States that have
received a major disaster declaration pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) for Hurricane Sandy: Provided further, That no eligible state
shall receive less than two percent of such funds: Provided further,
That funds appropriated herein shall not be subject to the matching or
cost share requirements of sections 602(b)(2), 602(b)(3) or 202 of the
Federal Water Pollution Control Act nor the matching requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
notwithstanding the requirements of section 603(d) of the Federal Water
Pollution Control Act, for the funds appropriated herein, each State
shall use not less than 50 percent of the amount of its capitalization
grants to provide additional subsidization to eligible recipients in
the form of forgiveness of principal, negative interest loans or grants
or any combination of these: Provided further, That the funds
appropriated herein shall only be used for eligible projects whose
purpose is to reduce flood damage risk and vulnerability or to enhance
resiliency to rapid hydrologic change or a natural disaster at
treatment works as defined by section 212 of the Federal Water
Pollution Control Act or any eligible facilities under section 1452 of
the Safe Drinking Water Act, and for other eligible tasks at such
treatment works or facilities necessary to further such purposes:
Provided further, That notwithstanding the definition of treatment
works in section 212 of the Federal Water Pollution Control Act, and
subject to the purposes described herein, the funds appropriated herein
shall be available for the purchase of land and easements necessary for
the siting of eligible treatment works projects: Provided further,
That the Administrator may retain up to $1,000,000 of the funds
appropriated herein for management and oversight of the requirements of
this section: Provided further, That such amounts are designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for necessary expenses related to the consequences of
Hurricane Sandy, $4,400,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER RELATED AGENCY
Smithsonian Institution
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane Sandy,
$2,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For an additional amount for ``Training and Employment Services'',
$50,000,000, for the dislocated workers assistance national reserve for
necessary expenses resulting from Hurricane Sandy, which shall be
available from the date of enactment of this Act through September 30,
2013: Provided, That the Secretary of Labor may transfer up to
$3,500,000 of such funds to any other Department of Labor account for
other Hurricane Sandy reconstruction and recovery needs, including
worker protection activities: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$500,000,000, for necessary expenses resulting from Hurricane Sandy in
States for which the President declared a major disaster under title IV
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
notwithstanding section 2003 and paragraphs (1) and (4) of section
2005(a) of the Social Security Act: Provided, That, notwithstanding
section 2002 of the Social Security Act, the distribution of such
amount shall be limited to States directly affected by these events:
Provided further, That section 2002(c) of the Social Security Act shall
be applied to funds appropriated in this paragraph by substituting
succeeding 2 fiscal years for succeeding fiscal year: Provided
further, That funds appropriated in this paragraph are in addition to
the entitlement grants authorized by section 2002(a)(1) of the Social
Security Act and shall not be available for such entitlement grants:
Provided further, That in addition to other uses permitted by title XX
of the Social Security Act, funds appropriated in this paragraph may be
used for health services (including mental health services), and for
costs of renovating, repairing, or rebuilding health care facilities
(including mental health facilities), child care facilities, or other
social services facilities: Provided further, That notwithstanding
paragraphs (2) and (8) of section 2005(a) of the Social Security Act, a
State may use up to 10 percent of its allotment of funds appropriated
in this paragraph to supplement any other funds available for the
following costs, subject to guidelines established by the Secretary,
for health care providers (as defined by the Secretary): (a) payments
to compensate employees of health care providers for wages lost as a
direct result of Hurricane Sandy, and (b) payments to support the
viability of health care providers with facilities that were
substantially damaged as a direct result of Hurricane Sandy: Provided
further, That funds appropriated in this paragraph are also available
for costs incurred up to 3 days prior to Hurricane Sandy's October 29,
2012, landfall, subject to Federal review of documentation of the cost
of services provided: Provided further, That none of the funds
appropriated in this paragraph shall be available for costs that are
reimbursed by the Federal Emergency Management Agency or insurance:
Provided further, That, with respect to the Federal interest in real
property acquired or on which construction or major renovation of
facilities (as such terms are defined in 45 CFR 1309.3) is undertaken
with these funds, procedures equivalent to those specified in Subpart C
of 45 CFR Part 1309 shall apply: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
children and family services programs
For an additional amount for ``Children and Families Services
Programs'', $100,000,000, for making payments under the Head Start Act
in States for which the President declared a major disaster under title
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act as a result of Hurricane Sandy: Provided, That funds appropriated
in this paragraph are not subject to the allocation requirements of
section 640(a) or the matching requirements of section 640(b) of the
Head Start Act: Provided further, That funds appropriated in this
paragraph shall be available through September 30, 2014 for activities
to assist affected Head Start agencies, including technical assistance,
costs of Head Start services (including supportive services for
children and families, and provision of mental health services for
children affected by Hurricane Sandy), and costs of renovating,
repairing, or rebuilding those Head Start facilities damaged as a
result of Hurricane Sandy: Provided further, That none of the funds
appropriated in this paragraph shall be included in the calculation of
the ``base grant'' in subsequent fiscal years, as such term is used in
section 640(a)(7)(A) of the Head Start Act: Provided further, That
none of the funds appropriated in this paragraph shall be available for
costs that are reimbursed by the Federal Emergency Management Agency or
by insurance: Provided further, That such amounts are designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'' for disaster response and recovery, and other expenses
related to Hurricane Sandy, and for other disaster-response activities,
$200,000,000, to remain available until expended: Provided, That these
funds may be transferred by the Secretary to accounts within the
Department of Health and Human Services, and shall be available only
for the purposes provided in this paragraph: Provided further, That
the transfer authority provided in this paragraph is in addition to any
other transfer authority available in this or any other Act: Provided
further, That obligations incurred for 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.
TITLE IX
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $24,200,000, to remain available until September 30, 2014, for
necessary expenses related to the consequences of Hurricane Sandy:
Provided, That such funds may be obligated or expended for planning and
design and military construction projects not otherwise authorized by
law: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $21,000,000, to
remain available until September 30, 2014, for necessary expenses
related to the consequences of Hurricane Sandy: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
medical facilities
For an additional amount for ``Medical Facilities'', $6,000,000, to
remain available until September 30, 2014, for necessary expenses
related to the consequences of Hurricane Sandy: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national cemetery administration
For an additional amount for ``National Cemetery Administration'',
$1,100,000, for necessary expenses related to the consequences of
Hurricane Sandy: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Departmental Administration
information technology systems
For an additional amount for ``Information Technology Systems'',
$500,000, for necessary expenses related to the consequences of
Hurricane Sandy: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
construction, major projects
For an additional amount for ``Construction, Major Projects'',
$207,000,000 to remain available until expended, for renovations and
repairs to the Department of Veterans Affairs Medical Center in
Manhattan, New York, as a consequence of damage caused by Hurricane
Sandy: Provided, That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and design
and major medical facility construction not otherwise authorized by
law: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and equipment'',
$30,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until expended, for necessary expenses related to
the consequences of Hurricane Sandy: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$921,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
grants to the national railroad passenger corporation
For an additional amount for the Secretary to make grants to the
National Railroad Passenger Corporation for costs and losses incurred
as a result of Hurricane Sandy and to advance capital projects that
address Northeast Corridor infrastructure recovery, mitigation and
resiliency in the affected areas, $336,000,000, to remain available
until expended: Provided, That the Administrator of the Federal
Railroad Administration may retain up to one-half of 1 percent of the
funds provided under this heading to fund the award and oversight by
the Administrator of grants made under this heading: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Transit Administration
public transportation emergency relief program
For the Public Transportation Emergency Relief Program as
authorized under section 5324 of title 49, United States Code,
$10,783,000,000, to remain available until expended, for recovery and
relief efforts in the areas most affected by Hurricane Sandy:
Provided, That, of the funds provided under this heading, the Secretary
may transfer up to $5,383,000,000 to the appropriate agencies to fund
programs authorized under titles 23 and 49, United States Code, in
order to carry out mitigation projects related to reducing risk of
damage from future disasters in areas impacted by Hurricane Sandy:
Provided further, That the Committees on Appropriations of the Senate
and the House of Representatives shall be notified at least 15 days in
advance of any such transfer: Provided further, That notwithstanding
any other provision of law, the Federal share for all projects funded
under this heading for repairs, reconstruction or mitigation of
transportation infrastructure in areas impacted by Hurricane Sandy
shall be 90 percent: Provided further, That up to three-quarters of 1
percent of the funds retained for public transportation emergency
relief shall be available for the purposes of administrative expenses
and ongoing program management oversight as authorized under 49 U.S.C.
5334 and 5338(i)(2) and shall be in addition to any other
appropriations for such purposes: Provided further, That, of the funds
made available under this heading, $6,000,000 shall be transferred to
the Office of Inspector General to support the oversight of activities
funded under this heading: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
For an additional amount for the ``Community Development Fund'' for
necessary expenses related to disaster relief, long-term recovery,
restoration of infrastructure and housing, economic revitalization, and
mitigation in the most impacted and distressed areas resulting from a
major disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), due to
Hurricane Sandy, for activities authorized under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
$17,000,000,000, to remain available until expended, of which at least
$2,000,000,000 shall be used for mitigation projects to reduce future
risk and vulnerabilities: Provided, That the Secretary shall establish
a minimum allocation for each eligible State declared a major disaster
due to Hurricane Sandy: Provided further, That of the amount provided
under this heading, $500,000,000 shall be used to address the unmet
needs of impacted areas resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief Act (42 U.S.C. 5121
et seq.) or for small, economically distressed areas with a disaster
declared in 2011 or 2012: Provided further, That funds shall be
awarded directly to the State or unit of general local government as a
grantee at the discretion of the Secretary: Provided further, That the
Secretary shall allocate to grantees not less than 33 percent of the
funds provided under this heading within 60 days after the enactment of
this Act based on the best available data: Provided further, That
prior to the obligation of funds, a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure and
housing and economic revitalization in the most impacted and distressed
areas: Provided further, That the Secretary shall by notice specify
the criteria for approval of such plans within 45 days of enactment of
this Act: Provided further, That such funds may not be used for
activities reimbursable by, or for which funds are made available by,
the Federal Emergency Management Agency or the Army Corps of Engineers:
Provided further, That the final paragraph under the heading Community
Development Block Grants in title II of Public Law 105-276 (42 U.S.C.
5305 note) shall not apply to funds provided under this heading:
Provided further, That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations made
pursuant to 42 U.S.C. 5306: Provided further, That a grantee may use
up to 5 percent of its allocation for administrative costs: Provided
further, That the Secretary shall require that grantees have
established procedures to ensure timely expenditure of funds and
prevent any duplication of benefits as defined by 42 U.S.C. 5155 and
prevent fraud and abuse of funds: Provided further, That the Secretary
shall provide grantees with technical assistance on contracting and
procurement processes and shall require grantees, in contracting or
procuring for management and administration of these funds, to
incorporate performance requirements and penalties into any such
contracts or agreements and to maintain information with respect to
performance on the use of any funds for management and administrative
purposes: Provided further, That in administering the funds under this
heading, the Secretary may waive, or specify alternative requirements
for, any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or the
use by the recipient of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment),
pursuant to a determination by the Secretary that good cause exists for
the waiver or alternative requirement and that such action is not
inconsistent with the overall purposes of title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided
further, That notwithstanding the previous proviso, recipients of funds
provided under this heading that use such funds to match or supplement
Federal assistance provided under sections 402, 403, 406, 407, or 502
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) may adopt, without review or public comment,
any environmental review, approval, or permit performed by a Federal
agency, and such adoption shall satisfy the responsibilities of the
recipient with respect to such environmental review, approval, or
permit: Provided further, That, notwithstanding 42 U.S.C. 5304(g)(2),
the Secretary may, upon receipt of a request for release of funds and
certification, immediately approve the release of funds for an activity
or project assisted under this heading if the recipient has adopted an
environmental review prepared under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) or the project is categorically
excluded from further review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That a waiver
granted by the Secretary may not reduce the percentage of funds which
must be used for activities that benefit persons of low and moderate
income to less than 50 percent, unless the Secretary specifically finds
that there is a compelling need to further reduce or eliminate the
percentage requirement: Provided further, That the Secretary shall
publish in the Federal Register any waiver of any statute or regulation
that the Secretary administers pursuant to title I of the Housing and
Community Development Act of 1974 no later than 5 days before the
effective date of such waiver: Provided further, That funds provided
under this heading to for-profit enterprises may only assist such
enterprises that meet the definition of small business as defined by
the Small Business Administration under 13 CFR part 121: Provided
further, That notwithstanding the previous proviso, funds may be
provided to a for-profit enterprise, that does not meet such definition
of small business, but which provides a public benefit, is publicly
regulated, and is otherwise eligible for assistance under 42 U.S.C.
5301 et seq., and the implementing regulations at 24 CFR Part
570.201(l): Provided further, That of the funds made available under
this heading, up to $10,000,000 may be transferred to ``Program Office
Salaries and Expenses, Community Planning and Development'' for
technical assistance and administrative costs (including information
technology costs), related solely to administering funds available
under this heading or funds made available under prior appropriations
to the ``Community Development Fund'' for disaster relief, long-term
recovery, or emergency expenses: Provided further, That, of the funds
made available under this heading, $10,000,000 shall be transferred to
``Office of Inspector General'': Provided further, That the amounts
provided under this heading are designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 1001. For fiscal year 2013, upon request by a public housing
agency and supported by documentation as required by the Secretary of
Housing and Urban Development that demonstrates that the need for the
adjustment is due to the disaster, the Secretary may make temporary
adjustments to the Section 8 housing choice voucher annual renewal
funding allocations and administrative fee eligibility determinations
for public housing agencies in an area for which the President declared
a disaster under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.), to avoid significant
adverse funding impacts that would otherwise result from the disaster.
Sec. 1002. The Departments of Transportation and Housing and Urban
Development shall submit to the Committees on 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.
Sec. 1003. None of the funds provided in this title to the
Department of Transportation or the Department of Housing and Urban
Development may be used to make a grant unless the Secretary of such
Department notifies the House and Senate Committees on Appropriations
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.
TITLE XI
GENERAL PROVISIONS--THIS ACT
Sec. 1101. Each amount appropriated or made available in this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1102. Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
Sec. 1103. (a) Not later than March 31, 2013, in accordance with
criteria to be established by the Office of Management and Budget
(OMB), Federal agencies shall submit to OMB and to the Committee on
Appropriations of the House of Representatives and of the Senate
internal control plans for funds provided by this Act.
(b) All programs and activities receiving funds under this Act
shall be deemed to be ``susceptible to significant improper payments''
for purposes of the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note) (IPIA), notwithstanding section 2(a) of IPIA.
(c) In accordance with guidance to be issued by the Director of
OMB, agencies shall identify those grants for which the funds provided
by this Act should be expended by the grantees within the 24-month
period following the agency's obligation of funds for the grant. In the
case of such grants, the agency shall include a term in the grant that:
(1) requires the grantee to return to the agency any funds
not expended within the 24-month period; and
(2) provides that the head of the agency may, after
consultation with the Director of OMB, subsequently issue a
waiver of this requirement based on a determination by the head
of the agency that exceptional circumstances exist that justify
an extension of the period in which the funds must be expended.
Sec. 1104. (a) In carrying out activities funded by this Act,
Federal agencies, in partnership with States, local communities and
tribes, shall inform plans for response, recovery, and rebuilding to
reduce vulnerabilities from and build long-term resiliency to future
extreme weather events, sea level rise, and coastal flooding. In
carrying out activities funded by this title that involve repairing,
rebuilding, or restoring infrastructure and restoring land, project
sponsors shall consider, where appropriate, the increased risks and
vulnerabilities associated with future extreme weather events, sea
level rise and coastal flooding.
(b) Funds made available in this Act shall be available to develop,
in partnership with State, local and tribal officials, regional
projections and assessments of future risks and vulnerabilities to
extreme weather events, sea level rise and coastal flooding that may be
used for the planning referred to in subsection (a), and to encourage
coordination and facilitate long-term community resiliency.
Sec. 1105. Recipients of Federal funds dedicated to reconstruction
efforts under this Act shall, to the greatest extent practicable,
ensure that such reconstruction efforts maximize the utilization of
technologies designed to mitigate future power outages, continue
delivery of vital services and maintain the flow of power to facilities
critical to public health, safety and welfare. The Secretary of Housing
and Urban Development as chair of the Hurricane Sandy Rebuilding Task
Force shall issue appropriate guidelines to implement this requirement.
vehicles use in the wake of hurricane sandy
Sec. 1106. (a) 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.
(b) 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
Sec. 1107. 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
Sec. 1108. (a) Definition of Seriously Delinquent Tax Debt.--In
this section:
(1) 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.
(2) Exclusions.--The term ``seriously delinquent tax debt''
does not include--
(A) 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
(B) 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.
(b) 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
Sec. 1109. 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.''.
Attest:
Secretary.
112th CONGRESS
2d Session
H.R. 1
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AMENDMENTS