[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 152 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 152

_______________________________________________________________________

                                 AN ACT


 
Making supplemental appropriations for the fiscal year ending September 
 30, 2013, to improve and streamline disaster assistance for Hurricane 
                     Sandy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2013, and for other purposes, namely:

          DIVISION A--DISASTER RELIEF APPROPRIATIONS ACT, 2013

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

                      commodity assistance program

    For an additional amount for ``Commodity Assistance Program'' for 
the emergency food assistance program as authorized by section 27(a) of 
the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 
7508(a)(1)), $6,000,000: Provided, That notwithstanding any other 
provisions of the Emergency Food Assistance Act of 1983, the Secretary 
of Agriculture may allocate additional foods and funds for 
administrative expenses from resources specifically appropriated, 
transferred, or reprogrammed to restore to States resources used to 
assist families and individuals displaced by Hurricane Sandy among the 
States without regard to sections 204 and 214 of such Act (7 U.S.C. 
7508, 7515): Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                                TITLE II

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

    For an additional amount for ``Investigations'' for necessary 
expenses related to the consequences of Hurricane Sandy, $20,000,000, 
to remain available until expended to conduct studies of flood and 
storm damage reduction related to natural disasters: Provided, That 
using $19,500,000 of the funds provided herein, the Secretary of the 
Army shall conduct, at full Federal expense, a comprehensive study to 
address the flood risks of vulnerable coastal populations in areas 
impacted by Hurricane Sandy within the boundaries of the North Atlantic 
Division of the United States Army Corps of Engineers: Provided 
further, That an interim report with an assessment of authorized Corps 
projects for reducing flooding and storm risks in the affected area 
that have been constructed or are under construction, including 
construction cost estimates, shall be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than March 1, 2013: Provided further, That an interim report 
identifying any previously authorized but unconstructed Corps project 
and any project under study by the Corps for reducing flooding and 
storm damage risks in the affected area, including updated construction 
cost estimates, that are, or would be, consistent with the 
comprehensive study shall be submitted to the appropriate congressional 
committees not later than May 1, 2013: Provided further, That a final 
report shall be submitted to the appropriate congressional committees 
not later than 24 months after the date of enactment of this division: 
Provided further, That as a part of the study, the Secretary shall 
identify those activities that warrant additional analysis by the 
Corps, as well as institutional and other barriers to providing 
protection to the affected coastal areas: Provided further, That the 
Secretary shall conduct the study in coordination with other Federal 
agencies, and State, local, and Tribal officials to ensure consistency 
with other plans to be developed, as appropriate: Provided further, 
That using $500,000 of the funds provided herein, the Secretary shall 
conduct, at full Federal expense, an evaluation of the performance of 
existing projects constructed by the Corps and damaged as a consequence 
of Hurricane Sandy for the purposes of determining their effectiveness 
and making recommendations for improvements to such projects: Provided 
further, That the amounts in this paragraph are designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That the Assistant Secretary of the Army 
for Civil Works shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, beginning not later than 
60 days after the date of enactment of this division.

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Sandy, $9,000,000, to 
remain available until expended for repairs to projects that were under 
construction and damaged as a consequence of Hurricane Sandy: Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985: Provided 
further, That the Assistant Secretary of the Army for Civil Works shall 
provide a monthly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the allocation and 
obligation of these funds, beginning not later than 60 days after 
enactment of this division.

                       operation and maintenance

    For an additional amount for ``Operation and Maintenance'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$742,000,000, to remain available until expended to dredge Federal 
navigation channels, and repair damage to Corps projects: Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985: Provided 
further, That the Assistant Secretary of the Army for Civil Works shall 
provide a monthly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the allocation and 
obligation of these funds, beginning not later than 60 days after 
enactment of this division.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' for necessary expenses related to the consequences of 
Hurricane Sandy, $582,000,000, to remain available until expended to 
support emergency operations, repairs, and other activities, as 
authorized by law: Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That the Assistant Secretary of the Army 
for Civil Works shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, beginning not later than 
60 days after enactment of this division.

                               TITLE III

                     Small Business Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $10,000,000 
for grants to or cooperative agreements with organizations to provide 
technical assistance related to disaster recovery, response, and long 
term resiliency to small businesses that are recovering from Hurricane 
Sandy: Provided, That the Small Business Administration shall expedite 
the delivery of assistance in disaster-affected areas: Provided 
further, That the Administrator of the Small Business Administration 
may waive the matching requirements under section 21(a)(4)(A) and 29(c) 
of the Small Business Act for any grant made using funds made available 
under this heading: Provided further, That no later than 30 days after 
the date of enactment of this division, or no less than 7 days prior to 
obligation of funds, whichever occurs earlier, the Administrator of the 
Small Business Administration shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
detailed expenditure plan for funds provided under this heading: 
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$1,000,000, to remain available until September 30, 2014: Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     disaster loans program account

                     (including transfer of funds)

    For an additional amount for ``Disaster Loans Program Account'' for 
the cost of direct loans authorized by section 7(b) of the Small 
Business Act, for necessary expenses related to the consequences of 
Hurricane Sandy, $100,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That in addition, for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program authorized by section 7(b) of the Small Business Act in 
response to Hurricane Sandy, an additional $50,000,000, to remain 
available until expended, which may be transferred to and merged with 
the appropriations for Salaries and Expenses: Provided further, That 
such amounts are designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                                TITLE IV

                    DEPARTMENT OF HOMELAND SECURITY

                              Coast Guard

              acquisition, construction, and improvements

                      (including transfer of funds)

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricane Sandy, $143,899,000, to remain available until September 30, 
2014: Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985: Provided 
further, That notwithstanding the transfer limitation contained in 
section 503 of division D of Public Law 112-74, such funding may be 
transferred to other Coast Guard appropriations after notification as 
required in accordance with such section: Provided further, That a 
description of all facilities and property to be reconstructed and 
restored, with associated costs and time lines, shall be submitted to 
the Committees on Appropriations of the House of Representatives and 
the Senate no later than 90 days after the date of enactment of this 
division.

                  Federal Emergency Management Agency

                          disaster relief fund

                      (including transfer of funds)

    For an additional amount for the ``Disaster Relief Fund'' for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $5,379,000,000, 
to remain available until expended, of which $3,000,000 shall be 
transferred to the Department of Homeland Security Office of Inspector 
General for audits and investigations related to disasters: Provided, 
That such amount is designated by the Congress as being for disaster 
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That the 
Administrator of the Federal Emergency Management Agency shall publish 
on the Agency's website not later than 24 hours after an award of a 
public assistance grant under section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) that is 
in excess of $1,000,000, the specifics of each such grant award: 
Provided further, That for any mission assignment or mission assignment 
task order to another Federal department or agency regarding a major 
disaster, not later than 24 hours after the issuance of a mission 
assignment or task order in excess of $1,000,000, the Administrator 
shall publish on the Agency's website the following: the name of the 
impacted State and the disaster declaration for such State, the 
assigned agency, the assistance requested, a description of the 
disaster, the total cost estimate, and the amount obligated: Provided 
further, That not later than 10 days after the last day of each month 
until the mission assignment or task order is completed and closed out, 
the Administrator shall update any changes to the total cost estimate 
and the amount obligated: Provided further, That for a disaster 
declaration related to Hurricane Sandy, the Administrator shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate, not later than 5 days after the first day of each month 
beginning after the date of enactment of this division, and shall 
publish on the Agency's website not later than 10 days after the first 
day of each such month, an estimate or actual amount, if available, for 
the current fiscal year of the cost of the following categories of 
spending: public assistance, individual assistance, operations, 
mitigation, administrative, and any other relevant category (including 
emergency measures and disaster resources): Provided further, That not 
later than 10 days after the first day of each month beginning after 
the date of enactment of this division, the Administrator shall publish 
on the Agency's website the report (referred to as the Disaster Relief 
Monthly Report) as required by Public Law 112-74.

                         Science and Technology

           research, development, acquisition, and operations

    For an additional amount for ``Research, Development, Acquisition, 
and Operations'', for necessary expenses related to the consequences of 
Hurricane Sandy, $585,000, to remain available until September 30, 
2013: Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                   Domestic Nuclear Detection Office

                          systems acquisition

    For an additional amount for ``Systems Acquisition'', for necessary 
expenses related to the consequences of Hurricane Sandy, $3,869,000, to 
remain available until September 30, 2014: Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     General Provision--This Title

    Sec. 401.  Funds made available by Public Law 109-88 for carrying 
out activities authorized under section 417 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) may be 
used until expended to provide assistance under section 417 of that Act 
to local governments in areas eligible to receive such assistance 
pursuant to a major disaster declaration by the President for Hurricane 
Sandy.

                                TITLE V

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Sandy, $49,875,000, 
to remain available until expended: Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                         National Park Service

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Sandy, $234,000,000, 
to remain available until expended: Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Bureau of Safety and Environmental Enforcement

                           oil spill research

    For an additional amount for ``Oil Spill Research'' for necessary 
expenses related to the consequences of Hurricane Sandy, $3,000,000, to 
remain available until expended: Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                                TITLE VI

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfers of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' for disaster response and recovery, and other expenses 
directly related to Hurricane Sandy, including making payments under 
the Head Start Act and additional payments for distribution as provided 
for under the ``Social Services Block Grant Program'', $100,000,000, to 
remain available until September 30, 2014: Provided, That not less than 
$25,000,000 shall be transferred to ``Children and Families Services 
Programs'' for the Head Start program for the purposes provided herein: 
Provided further, That not less than $25,000,000 shall be transferred 
to ``Social Services Block Grant'' for the purposes provided herein: 
Provided further, That not less than $2,000,000 shall be transferred to 
the Department of Health and Human Services (``HHS'') ``Office of 
Inspector General'' to perform oversight, accountability, and 
evaluation of programs, projects, or activities supported with the 
funds provided for the purposes provided herein: Provided further, That 
notwithstanding any other provision of law, the distribution of any 
amount shall be limited to the States of New York and New Jersey, 
except that funds provided to ``Substance Abuse and Mental Health 
Services Administration'' may be distributed to other States, but only 
if such funds are for grants, contracts, and cooperative agreements for 
behavioral health treatment, crisis counseling, and other related 
helplines, and for other similar programs to provide support to 
dislocated residents of New York and New Jersey: Provided further, That 
none of the funds appropriated in this paragraph shall be included in 
the calculation of the ``base grant'' in subsequent fiscal years, as 
such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 
644(d)(3) of the Head Start Act: Provided further, That funds 
appropriated in this paragraph are not subject to the allocation 
requirements of section 640(a) of the Head Start Act: Provided further, 
That funds appropriated in this paragraph are in addition to the 
entitlement grants authorized by section 2002(a)(1) of the Social 
Security Act and shall not be available for such entitlement grants: 
Provided further, That funds appropriated in this paragraph may be 
transferred by the Secretary of HHS (``Secretary'') to accounts within 
HHS, and shall be available only for the purposes provided in this 
paragraph: Provided further, That the transfer authority provided in 
this paragraph is in addition to any other transfer authority available 
in this or any other Act for fiscal year 2013: Provided further, That 
15 days prior to the transfer of funds appropriated in this paragraph, 
the Secretary shall notify the Committees on Appropriations of the 
House of Representatives and the Senate of any such transfer and the 
planned uses of the funds: Provided further, That obligations incurred 
for the purposes provided herein prior to the date of enactment of this 
division may be charged to funds appropriated by this paragraph: 
Provided further, That funds appropriated in this paragraph and 
transferred to the National Institutes of Health for the purpose of 
supporting the repair or rebuilding of non-Federal biomedical or 
behavioral research facilities damaged as a result of Hurricane Sandy 
shall be used to award grants or contracts for such purpose under 
section 404I of the Public Health Service Act: Provided further, That 
section 481A(c)(2) of such Act does not apply to the use of funds 
described in the preceding proviso: Provided further, That funds 
appropriated in this paragraph shall not be available for costs that 
are reimbursed by the Federal Emergency Management Agency, under a 
contract for insurance, or by self-insurance: Provided further, That 
such amounts are designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

                     Social Security Administration

                 limitation on administrative expenses

                     (including transfer of funds)

    For an additional amount for ``Limitation on Administrative 
Expenses'', $2,000,000, for expenses directly related to Hurricane 
Sandy, which shall be derived from the unobligated balances that remain 
available under such heading for the Social Security Administration for 
information technology and telecommunications hardware and software 
infrastructure: Provided, That such amounts are designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                               TITLE VII

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard

    For an additional amount for ``Military Construction, Army National 
Guard'' for necessary expenses related to the consequences of Hurricane 
Sandy, $24,235,000, to remain available until September 30, 2017: 
Provided, That none of the funds made available to the Army National 
Guard for recovery efforts related to Hurricane Sandy in this division 
shall be available for obligation until the Committees on 
Appropriations of the House of Representatives and the Senate receive 
form 1391 for each specific request: Provided further, That 
notwithstanding any other provision of law, such funds may be obligated 
to carry out military construction projects not otherwise authorized by 
law: Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

    For an additional amount for ``Medical Services'' for necessary 
expenses related to the consequences of Hurricane Sandy, $21,000,000, 
to remain available until September 30, 2014: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                           medical facilities

     For an additional amount for ``Medical Facilities'' for necessary 
expenses related to the consequences of Hurricane Sandy, $6,000,000, to 
remain available until September 30, 2014: Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    National Cemetery Administration

     For an additional amount for ``National Cemetery Administration'' 
for necessary expenses related to the consequences of Hurricane Sandy, 
$1,100,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      Departmental Administration

                     information technology systems

     For an additional amount for ``Information Technology Systems'' 
for necessary expenses related to the consequences of Hurricane Sandy, 
$531,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      construction, major projects

    For an additional amount for ``Construction, Major Projects'', 
$207,000,000, to remain available until September 30, 2017, for 
renovations and repairs as a consequence of damage caused by Hurricane 
Sandy: Provided, That none of these funds shall be available for 
obligation until the Secretary of Veterans Affairs submits to the 
Committees on Appropriations of the House of Representatives and the 
Senate a detailed expenditure plan for funds provided under this 
heading: Provided further, That notwithstanding any other provision of 
law, such funds may be obligated and expended to carry out planning and 
design and major medical facility construction not otherwise authorized 
by law: Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                               TITLE VIII

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$14,600,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2013, for necessary expenses 
related to the consequences of Hurricane Sandy: Provided , That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Federal Railroad Administration

operating subsidy grants to the national railroad passenger corporation

    For an additional amount for ``Operating Subsidy Grants to the 
National Railroad Passenger Corporation'' for the Secretary of 
Transportation to make grants to the National Railroad Passenger 
Corporation for necessary expenses related to the consequences of 
Hurricane Sandy, $32,000,000, to remain available until expended: 
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     Federal Transit Administration

             public transportation emergency relief program

                     (including transfer of funds)

    For the ``Public Transportation Emergency Relief Program'' as 
authorized under section 5324 of title 49, United States Code, 
$5,400,000,000, to remain available until expended, for transit systems 
affected by Hurricane Sandy: Provided, That not more than 
$2,000,000,000 shall be made available not later than 60 days after the 
date of enactment of this division: Provided further, That the 
remainder of the funds shall be made available only after the Federal 
Transit Administration and the Federal Emergency Management Agency sign 
the memorandum of agreement required by section 20017(b) of the Moving 
Ahead for Progress in the 21st Century Act (Public Law 112-141) and the 
Federal Transit Administration publishes interim regulations for the 
Public Transportation Emergency Relief Program: Provided further, That 
not more than three-quarters of 1 percent of the funds for public 
transportation emergency relief shall be available for administrative 
expenses and ongoing program management oversight as authorized under 
49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other 
appropriations for such purpose: Provided further, That of the funds 
made available under this heading, $3,000,000 shall be transferred to 
the Office of Inspector General to support the oversight of activities 
under this heading: Provided further, That such amounts are designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

                     (including transfer of funds)

    For an additional amount for ``Community Development Fund'', 
$3,850,000,000, to remain available until September 30, 2017, for 
necessary expenses related to disaster relief, long-term recovery, 
restoration of infrastructure and housing, and economic revitalization 
in the most impacted and distressed areas resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane 
Sandy, for activities authorized under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided, 
That funds shall be allocated directly to States and units of general 
local government at the discretion of the Secretary of Housing and 
Urban Development: Provided further, That within 60 days after the 
enactment of this division, the Secretary shall allocate to grantees 
all funds provided under this heading based on the best available data: 
Provided further, That as a condition of eligibility for receipt of 
such funds, a grantee shall submit a plan to the Secretary detailing 
the proposed use of all funds, including criteria for eligibility and 
how the use of such funds will address long-term recovery, restoration 
of infrastructure and housing, and economic revitalization in the most 
impacted and distressed areas: Provided further, That the Secretary 
shall, by notice issued within 45 days of enactment of this division, 
specify criteria for approval of plans, and, if the Secretary 
determines that a plan does not meet such criteria, the Secretary shall 
disapprove the plan: Provided further, That as a condition of making 
any grant, the Secretary shall certify in advance that such grantee has 
in place proficient financial controls and procurement processes and 
has established adequate procedures to prevent any duplication of 
benefits as defined by section 312 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely 
expenditure of funds, to maintain comprehensive websites regarding all 
disaster recovery activities assisted with these funds, and to detect 
and prevent waste, fraud, and abuse of funds: Provided further, That 
funds provided under this heading may not be used for activities 
reimbursable by or for which funds are made available by the Federal 
Emergency Management Agency or the Army Corps of Engineers: Provided 
further, That funds allocated under this heading shall not be 
considered relevant to the non-disaster formula allocations made 
pursuant to section 106 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5306): Provided further, That a grantee may use up to 5 
percent of its overall allocation for administrative costs: Provided 
further, That a grantee shall administer grant funds provided under 
this heading in accordance with all applicable laws and regulations and 
may not delegate, by contract or otherwise, the responsibility for 
administering such grant funds: Provided further, That the Secretary 
shall provide grantees with technical assistance on contracting and 
procurement processes and shall require grantees, in contracting or 
procuring these funds, to incorporate performance requirements and 
penalties into any such contracts or agreements: Provided further, That 
the Secretary shall require grantees to maintain on a public website 
information accounting for how all grant funds are used, including 
details of all contracts and ongoing procurement processes: Provided 
further, That, in administering the funds under this heading, the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use of these 
funds by a grantee (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment) upon a request 
by a grantee explaining why such waiver is required to facilitate the 
use of such funds and pursuant to a determination by the Secretary that 
good cause exists for the waiver or alternative requirement and that 
such action is not inconsistent with the overall purposes of title I of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et 
seq.) or this heading: Provided further, That, notwithstanding the 
preceding proviso, recipients of funds provided under this heading that 
use such funds to supplement Federal assistance provided under section 
402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, 
without review or public comment, any environmental review, approval, 
or permit performed by a Federal agency, and such adoption shall 
satisfy the responsibilities of the recipient with respect to such 
environmental review, approval or permit under section 104(g)(1) of the 
Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(1)): 
Provided further, That, notwithstanding section 104(g)(2) of such Act 
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request 
for release of funds and certification, immediately approve the release 
of funds for an activity or project assisted under this heading if the 
recipient has adopted an environmental review, approval or permit under 
the preceding proviso or the activity or project is categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.): Provided further, That a waiver granted 
by the Secretary may not reduce the percentage of funds that must be 
used for activities that benefit persons of low and moderate income to 
less than 50 percent, unless the Secretary specifically finds that 
there is compelling need to further reduce the percentage requirement: 
Provided further, That the Secretary shall publish in the Federal 
Register any waiver or alternative requirement made by the Secretary 
with respect to any statute or regulation no later than 5 days before 
the effective date of such waiver or alternative requirement: Provided 
further, That, of the funds made available under this heading, up to 
$4,000,000 may be transferred to Program Office Salaries and Expenses, 
Community Planning and Development for necessary costs, including 
information technology costs, of administering and overseeing funds 
made available under this heading: Provided further, That, of the funds 
made available under this heading, $4,000,000 shall be transferred to 
Office of the Inspector General for necessary costs of overseeing and 
auditing funds made available under this heading: Provided further, 
That funds provided under this heading are designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

 Administrative Provision--Department of Housing and Urban Development

    Sec. 801.  For fiscal year 2013, upon request by a public housing 
agency and supported by documentation as required by the Secretary of 
Housing and Urban Development that demonstrates that the need for the 
adjustment is due to the disaster, the Secretary may make temporary 
adjustments to the Section 8 housing choice voucher annual renewal 
funding allocations and administrative fee eligibility determinations 
for public housing agencies in an area for which the President declared 
a disaster under title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170 et seq.), to avoid significant 
adverse funding impacts that would otherwise result from the disaster.

                                TITLE IX

                   GENERAL PROVISIONS--THIS DIVISION

    Sec. 901.  Each amount appropriated or made available in this 
division is in addition to amounts otherwise appropriated for the 
fiscal year involved.
    Sec. 902.  Each amount designated in this division by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 shall be available only if the President subsequently so 
designates all such amounts and transmits such designations to the 
Congress.
    Sec. 903.  No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 904. (a)(1) Not later than March 31, 2013, in accordance with 
criteria to be established by the Director of the Office of Management 
and Budget (referred to in this section as ``OMB''), each Federal 
agency shall submit to OMB, the Government Accountability Office, the 
respective Inspector General of each agency, and the Committees on 
Appropriations of the House of Representatives and the Senate internal 
control plans for funds provided by this division.
    (2) Not later than June 30, 2013, the Government Accountability 
Office shall review for the Committees on Appropriations of the House 
of Representatives and the Senate the design of the internal control 
plans required by paragraph (1).
    (b) All programs and activities receiving funds under this division 
shall be deemed to be ``susceptible to significant improper payments'' 
for purposes of the Improper Payments Information Act of 2002 (31 
U.S.C. 3321 note), notwithstanding section 2(a) of such Act.
    (c) Funds for grants provided by this division shall be expended by 
the grantees within the 24-month period following the agency's 
obligation of funds for the grant, unless, in accordance with guidance 
to be issued by the Director of OMB, the Director waives this 
requirement for a particular grant program and submits a written 
justification for such waiver to the Committees on Appropriations of 
the House of Representatives and the Senate. In the case of such 
grants, the agency shall include a term in the grant that requires the 
grantee to return to the agency any funds not expended within the 24-
month period.
    (d) Through September 30, 2015, the Recovery Accountability and 
Transparency Board shall develop and use information technology 
resources and oversight mechanisms to detect and remediate waste, 
fraud, and abuse in the obligation and expenditure of funds 
appropriated in this or any other Act for any fiscal year of such 
period for purposes related to the impact of Hurricane Sandy: Provided, 
That the Board shall coordinate its oversight efforts with the Director 
of OMB, the head of each Federal agency receiving appropriations 
related to the impact of Hurricane Sandy, and the respective Inspector 
General of each such agency: Provided further, That the Board shall 
submit quarterly reports to the Committees on Appropriations of the 
House of Representatives and the Senate on its activities related to 
funds appropriated for the impact of Hurricane Sandy.

                                TITLE X

                     ADDITIONAL DISASTER ASSISTANCE

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

                   emergency conservation activities

                     (including transfer of funds)

    For an additional amount, to remain available until expended, for 
the Emergency Conservation Program under title IV of the Agriculture 
Credit Act of 1978 (16 U.S.C. 2201 et seq.) for necessary expenses 
related to the consequences of Hurricane Sandy and resulting from a 
major disaster declared pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$218,000,000, of which $15,000,000 shall be available for payments 
under sections 401 and 402 of the Agriculture Credit Act of 1978 (16 
U.S.C. 2201, 2202), $180,000,000 shall be available for activities 
under section 403 of such Act (Emergency Watershed Protection Program; 
16 U.S.C. 2203), and $23,000,000 shall be available for activities 
under section 407 of such Act (Emergency Forest Restoration Program; 16 
U.S.C. 2206): Provided, That the Secretary of Agriculture shall 
transfer these funds to the Farm Service Agency and the Natural 
Resources Conservation Service:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 1011.  The Office of Inspector General of the Department of 
Agriculture shall use unobligated disaster assistance oversight funds 
provided to such office in division B of Public Law 110-329 (122 Stat. 
3585) for continued oversight of Department of Agriculture disaster- 
and emergency-related activities.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $290,000,000 (reduced by $150,000,000) to remain 
available until September 30, 2014, as follows:
            (1) $50,000,000 for mapping, charting, geodesy services and 
        marine debris surveys for coastal States impacted by Hurricane 
        Sandy;
            (2) $7,000,000 to repair and replace ocean observing and 
        coastal monitoring assets damaged by Hurricane Sandy;
            (3) $3,000,000 to provide technical assistance to support 
        State assessments of coastal impacts of Hurricane Sandy;
            (4) $25,000,000 to improve weather forecasting and 
        hurricane intensity forecasting capabilities, to include data 
        assimilation from ocean observing platforms and satellites;
            (5) $50,000,000 for laboratories and cooperative institutes 
        research activities associated with sustained observations 
        weather research programs, and ocean and coastal research; and
            (6) $5,000,000 for necessary expenses related to fishery 
        disasters during calendar year 2012 that were declared by the 
        Secretary of Commerce as a direct result of impacts from 
        Hurricane Sandy:
 Provided, That the National Oceanic and Atmospheric Administration 
shall submit a spending plan to the Committees on Appropriations of the 
House of Representatives and the Senate within 45 days after the date 
of enactment of this division: Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

               procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $186,000,000, to remain available until September 30, 
2015, as follows:
            (1) $9,000,000 to repair National Oceanic and Atmospheric 
        Administration (NOAA) facilities damaged by Hurricane Sandy;
            (2) $44,500,000 for repairs and upgrades to NOAA hurricane 
        reconnaissance aircraft;
            (3) $8,500,000 for improvements to weather forecasting 
        equipment and supercomputer infrastructure;
            (4) $13,000,000 to accelerate the National Weather Service 
        ground readiness project; and
            (5) $111,000,000 for a weather satellite data mitigation 
        gap reserve fund:
 Provided, That NOAA shall submit a spending plan to the Committees on 
Appropriations of the House of Representatives and the Senate within 45 
days after the date of enactment of this division: Provided further, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$10,020,000: Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                    Drug Enforcement Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$1,000,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$230,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         Federal Prison System

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$10,000,000, to remain available until expended: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                                SCIENCE

             National Aeronautics and Space Administration

       construction and environmental compliance and restoration

    For an additional amount for ``Construction and Environmental 
Compliance and Restoration'' for repair at National Aeronautics and 
Space Administration facilities damaged by Hurricane Sandy, 
$15,000,000, to remain available until September 30, 2014: Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

                       Legal Services Corporation

               payment to the legal services corporation

    For an additional amount for ``Payment to the Legal Services 
Corporation'' to carry out the purposes of the Legal Services 
Corporation Act by providing for necessary expenses related to the 
consequences of Hurricane Sandy, $1,000,000: Provided, That the amount 
made available under this heading shall be used only to provide the 
mobile resources, technology, and disaster coordinators necessary to 
provide storm-related services to the Legal Services Corporation client 
population and only in the areas significantly affected by Hurricane 
Sandy: Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That none of the funds appropriated in 
this division to the Legal Services Corporation shall be expended for 
any purpose prohibited or limited by, or contrary to any of the 
provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 
105-119, and all funds appropriated in this division to the Legal 
Services Corporation shall be subject to the same terms and conditions 
set forth in such sections, except that all references in sections 502 
and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 
2013, respectively, and except that sections 501 and 503 of Public Law 
104-134 (referenced by Public Law 105-119) shall not apply to the 
amount made available under this heading: Provided further, That, for 
the purposes of this division, the Legal Services Corporation shall be 
considered an agency of the United States Government.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$5,370,000, to remain available until September 30, 2013, for necessary 
expenses related to the consequences of Hurricane Sandy:  Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$40,015,000, to remain available until September 30, 2013, for 
necessary expenses related to the consequences of Hurricane Sandy:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $8,500,000, to remain available until September 30, 2013, for 
necessary expenses related to the consequences of Hurricane Sandy:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $3,165,000, to remain available until September 30, 
2013, for necessary expenses related to the consequences of Hurricane 
Sandy:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $5,775,000, to remain available until September 30, 
2013, for necessary expenses related to the consequences of Hurricane 
Sandy:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                              PROCUREMENT

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$1,310,000, to remain available until September 30, 2015, for necessary 
expenses related to the consequences of Hurricane Sandy:  Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$24,200,000, to remain available until September 30, 2013, for 
necessary expenses related to the consequences of Hurricane Sandy:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                               CHAPTER 4

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

    For an additional amount for ``Investigations'' for necessary 
expenses related to the consequences of Hurricane Sandy, $50,000,000, 
to remain available until expended to expedite at full Federal expense 
studies of flood and storm damage reduction: Provided, That using 
$29,500,000 of the funds provided herein, the Secretary of the Army 
shall expedite and complete ongoing flood and storm damage reduction 
studies in areas that were impacted by Hurricane Sandy in the North 
Atlantic Division of the United States Army Corps of Engineers: 
Provided further, That using up to $20,000,000 of the funds provided 
herein, the Secretary shall conduct a comprehensive study to address 
the flood risks of vulnerable coastal populations in areas that were 
affected by Hurricane Sandy within the boundaries of the North Atlantic 
Division of the Corps: Provided further, That an interim report with an 
assessment of authorized Corps projects for reducing flooding and storm 
risks in the affected area that have been constructed or are under 
construction, including construction cost estimates, shall be submitted 
to the Committees on Appropriations of the House of Representatives and 
the Senate not later than March 1, 2013: Provided further, That an 
interim report identifying any previously authorized but unconstructed 
Corps project and any project under study by the Corps for reducing 
flooding and storm damage risks in the affected area, including updated 
construction cost estimates, that are, or would be, consistent with the 
comprehensive study shall be submitted to the appropriate congressional 
committees by May 1, 2013: Provided further, That a final report shall 
be submitted to the appropriate congressional committees within 24 
months of the date of enactment of this division: Provided further, 
That as a part of the study, the Secretary shall identify those 
activities warranting additional analysis by the Corps, as well as 
institutional and other barriers to providing protection to the 
affected coastal areas: Provided further, That the Secretary shall 
conduct the study in coordination with other Federal agencies, and 
State, local and Tribal officials to ensure consistency with other 
plans to be developed, as appropriate: Provided further, That using 
$500,000 of the funds provided herein, the Secretary shall conduct an 
evaluation of the performance of existing projects constructed by the 
Corps and impacted by Hurricane Sandy for the purposes of determining 
their effectiveness and making recommendations for improvements 
thereto: Provided further, That as a part of the study, the Secretary 
shall identify institutional and other barriers to providing 
comprehensive protection to affected coastal areas and shall provide 
this report to the Committees on Appropriations of the House of 
Representatives and the Senate within 120 days of enactment of this 
division: Provided further, That the amounts in this paragraph are 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That the 
Assistant Secretary of the Army for Civil Works shall provide a monthly 
report to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the allocation and obligation 
of these funds, beginning not later than 60 days after enactment of 
this division.

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Sandy, 
$3,461,000,000, to remain available until expended to rehabilitate, 
repair and construct United States Army Corps of Engineers projects: 
Provided, That $2,902,000,000 of the funds provided under this heading 
shall be used to reduce future flood risk in ways that will support the 
long-term sustainability of the coastal ecosystem and communities and 
reduce the economic costs and risks associated with large-scale flood 
and storm events in areas along the Atlantic Coast within the 
boundaries of the North Atlantic Division of the Corps that were 
affected by Hurricane Sandy: Provided further, That $858,000,000 of 
such funds shall be made available not earlier than 14 days after the 
Secretary of the Army submits the report required under the heading 
``Investigations'' to be submitted not later than March 1, 2013, and 
$2,044,000,000 shall be made available not earlier than 14 days after 
the Secretary submits the report required under the heading 
``Investigations'' to be submitted not later than May 1, 2013: Provided 
further, That efforts using these funds shall incorporate current 
science and engineering standards in constructing previously authorized 
Corps projects designed to reduce flood and storm damage risks and 
modifying existing Corps projects that do not meet these standards, 
with such modifications as the Secretary determines are necessary to 
incorporate these standards or to meet the goal of providing 
sustainable reduction to flooding and storm damage risks: Provided 
further, That upon approval of the Committees on Appropriations of the 
House of Representatives and the Senate these funds may be used to 
construct any project under study by the Corps for reducing flooding 
and storm damage risks in areas along the Atlantic Coast within the 
North Atlantic Division of the Corps that were affected by Hurricane 
Sandy that the Secretary determines is technically feasible, 
economically justified, and environmentally acceptable: Provided 
further, That the completion of ongoing construction projects receiving 
funds provided by this division shall be at full Federal expense with 
respect to such funds: Provided further, That the non-Federal cash 
contribution for projects using these funds shall be financed in 
accordance with the provisions of section 103(k) of Public Law 99-662 
over a period of 30 years from the date of completion of the project or 
separable element: Provided further, That for these projects, the 
provisions of section 902 of the Water Resources Development Act of 
1986 shall not apply to these funds: Provided further, That up to 
$51,000,000 of the funds provided under this heading shall be used to 
expedite continuing authorities projects to reduce the risk of flooding 
along the coastal areas in States impacted by Hurricane Sandy within 
the boundaries of the North Atlantic Division of the Corps: Provided 
further, That $9,000,000 of the funds provided under this heading shall 
be used for repairs to projects that were under construction and 
damaged by the impacts of Hurricane Sandy: Provided further, That any 
projects using funds appropriated under this heading shall be initiated 
only after non-Federal interests have entered into binding agreements 
with the Secretary requiring the non-Federal interests to pay 100 
percent of the operation, maintenance, repair, replacement, and 
rehabilitation costs of the project and to hold and save the United 
States free from damages due to the construction or operation and 
maintenance of the project, except for damages due to the fault or 
negligence of the United States or its contractors: Provided further, 
That the Assistant Secretary of the Army for Civil Works shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate a monthly report detailing the allocation and obligation of 
these funds, beginning not later than 60 days after the date of the 
enactment of this division.

                       operation and maintenance

    For an additional amount for ``Operation and Maintenance'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$821,000,000, to remain available until expended to dredge Federal 
navigation channels and repair damage to United States Army Corps of 
Engineers projects: Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That the Assistant Secretary of the Army 
for Civil Works shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, beginning not later than 
60 days after enactment of this division.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' for necessary expenses related to the consequences of 
Hurricane Sandy, $1,008,000,000, to remain available until expended to 
prepare for flood, hurricane, and other natural disasters and support 
emergency operations, repairs and other activities as authorized by 
law: Provided, That $430,000,000 of the funds provided herein shall be 
made available not earlier than 14 days after the Secretary of the Army 
submits the report required under the heading ``Investigations'' to be 
submitted not later than March 1, 2013, and shall be utilized by the 
United States Army Corps of Engineers to restore projects impacted by 
Hurricane Sandy in the North Atlantic Division of the Corps to design 
profiles of the authorized projects: Provided further, That the 
provisions of section 902 of the Water Resources Development Act of 
1986 shall not apply to funds provided under this heading: Provided 
further, That the amounts in this paragraph are designated by the 
Congress as being for an emergency requirement pursuant section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That the Assistant Secretary of the Army 
for Civil Works shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, beginning not later than 
60 days after enactment of this division.

                                expenses

    For an additional amount for ``Expenses'' for necessary expenses 
related to the consequences of Hurricane Sandy, $10,000,000, to remain 
available until expended to oversee emergency response and recovery 
activities: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided 
further, That the Assistant Secretary of the Army for Civil Works shall 
provide a monthly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the allocation and 
obligation of these funds, beginning not later than 60 days after 
enactment of this division.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 1041.  This chapter shall apply in place of title II of this 
division, and such title shall have no force or effect.

                               CHAPTER 5

                    General Services Administration

                        real property activities

                         federal buildings fund

    For an additional amount to be deposited in the ``Federal Buildings 
Fund'', $7,000,000, to remain available until September 30, 2015, for 
necessary expenses related to the consequences of Hurricane Sandy, for 
basic repair and alteration of buildings under the custody and control 
of the Administrator of General Services, and real property management 
and related activities not otherwise provided for: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     Small Business Administration

                         salaries and expenses

    The provisions under this heading in title III of this division 
shall be applied by substituting ``$20,000,000'' for ``$10,000,000''.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$5,000,000, to remain available until expended: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985: Provided further, That this 
paragraph shall apply in place of the previous provisions under this 
heading in title III of this division, and such previous provisions 
shall have no force or effect.

                     disaster loans program account

                     (including transfers of funds)

    For an additional amount for ``Disaster Loans Program Account'' for 
the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $520,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That in addition, for administrative expenses 
to carry out the direct loan program authorized by section 7(b) of the 
Small Business Act, an additional $260,000,000 to remain available 
until expended, of which $250,000,000 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program, which may be transferred to and merged with the appropriations 
for Salaries and Expenses, and of which $10,000,000 is for indirect 
administrative expenses for the direct loan program, which may to be 
transferred to and merged with appropriations for Salaries and 
Expenses: Provided further, That such amounts are designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That this paragraph shall apply in place 
of the previous provisions under this heading in title III of this 
division, and such previous provisions shall have no force or effect.

                               CHAPTER 6

                    DEPARTMENT OF HOMELAND SECURITY

              United States Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$1,667,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That a description of all property to be replaced, 
with associated costs, shall be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate no later 
than 90 days after the date of enactment of this division.

           United States Immigration and Customs Enforcement

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$855,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That a description of all property to be replaced, 
with associated costs, shall be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate no later 
than 90 days after the date of enactment of this division.

                      United States Secret Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$300,000: Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That a description of all property to be replaced, 
with associated costs, shall be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate no later 
than 90 days after the date of enactment of this division.

                              Coast Guard

              acquisition, construction, and improvements

                      (including transfer of funds)

    The provisions under this heading in title IV of this division 
shall be applied by substituting ``$274,233,000'' for ``$143,899,000''.

                  Federal Emergency Management Agency

                          disaster relief fund

                     (including transfer of funds)

    For an additional amount for the ``Disaster Relief Fund'' in 
carrying out the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), $11,487,735,000, to remain 
available until expended: Provided, That of the total amount provided, 
$5,379,000,000 shall be for major disasters declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.): Provided further, That the amount in the 
preceding proviso is designated by the Congress as being for disaster 
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That of the 
total amount provided, $6,108,735,000 is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 which 
shall be for major disasters declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.): Provided further, That of the total amount provided, 
$3,000,000 shall be transferred to the Department of Homeland Security 
``Office of Inspector General'' for audits and investigations related 
to disasters; Provided further, That the Administrator of the Federal 
Emergency Management Agency shall publish on the Agency's website not 
later than 24 hours after an award of a public assistance grant under 
section 406 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172) the specifics of the grant award: 
Provided further, That for any mission assignment or mission assignment 
task order to another Federal department or agency regarding a major 
disaster, not later than 24 hours after the issuance of the mission 
assignment or task order, the Administrator shall publish on the 
Agency's website the following: the name of the impacted state and the 
disaster declaration for such State, the assigned agency, the 
assistance requested, a description of the disaster, the total cost 
estimate, and the amount obligated: Provided further, That not later 
than 10 days after the last day of each month until the mission 
assignment or task order is completed and closed out, the Administrator 
shall update any changes to the total cost estimate and the amount 
obligated: Provided further, That for a disaster declaration related to 
Hurricane Sandy, the Administrator shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate, not 
later than 5 days after the first day of each month beginning after the 
date of enactment of this division, and shall publish on the Agency's 
website not later than 10 days after the first day of each such month, 
an estimate or actual amount, if available, for the current fiscal year 
of the cost of the following categories of spending: public assistance, 
individual assistance, operations, mitigation, administrative, and any 
other relevant category (including emergency measures and disaster 
resources): Provided further, That not later than 10 days after the 
first day of each month beginning after the date of enactment of this 
division, the Administrator shall publish on the Agency's website the 
report (referred to as the Disaster Relief Monthly Report) as required 
by Public Law 112-74: Provided further, That this paragraph shall apply 
in place of the previous provisions under this heading in title IV of 
this division, and such previous provisions shall have no force or 
effect.

            disaster assistance direct loan program account

    For an additional amount for ``Disaster Assistance Direct Loan 
Program Account'' for the cost of direct loans, $300,000,000, to remain 
available until expended, as authorized by section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), 
of which up to $4,000,000 is for administrative expenses to carry out 
the direct loan program: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That these funds 
are available to subsidize gross obligations for the principal amount 
of direct loans not to exceed $400,000,000: Provided further, That 
these amounts are designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         Science and Technology

           research, development, acquisition, and operations

    The provisions under this heading in title IV of this division 
shall be applied by substituting ``$3,249,000'' and ``September 30, 
2014'' for ``$585,000'' and ``September 30, 2013'', respectively.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service

                              construction

    The provisions under this heading in title V of this division shall 
be applied by substituting ``$78,000,000 (reduced by $9,800,000)'' for 
``$49,875,000'': Provided, That none of the funds made available under 
such heading in title V may be used to repair seawalls or buildings on 
islands in the Stewart B. McKinney National Wildlife Refuge.

                         National Park Service

                       historic preservation fund

    For an additional amount for the ``Historic Preservation Fund'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$50,000,000, to remain available until September 30, 2015, including 
costs to States necessary to complete compliance activities required by 
section 106 of the National Historic Preservation Act and costs needed 
to administer the program: Provided, That grants shall only be 
available for areas that have received a major disaster declaration 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.): Provided further, That 
individual grants shall not be subject to a non-Federal matching 
requirement: Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                              construction

    The provisions under this heading in title V of this division shall 
be applied by substituting ``$348,000,000'' for ``$234,000,000''.

                        Departmental Operations

                        office of the secretary

                     (including transfers of funds)

    For an additional amount for ``Departmental Operations'' and any 
Department of the Interior component bureau or office for necessary 
expenses related to the consequences of Hurricane Sandy, $360,000,000, 
to remain available until expended: Provided, That funds appropriated 
herein shall be used to restore and rebuild national parks, national 
wildlife refuges, and other Federal public assets; increase the 
resiliency and capacity of coastal habitat and infrastructure to 
withstand storms and reduce the amount of damage caused by such storms: 
Provided further, That the Secretary of the Interior may transfer these 
funds to any other account in the Department and may expend such funds 
by direct expenditure, grants, or cooperative agreements, including 
grants to or cooperative agreements with States, Tribes, and 
municipalities, to carry out the purposes provided herein: Provided 
further, That the Secretary shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
detailed spending plan for the amounts provided herein within 60 days 
of enactment of this division: Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

    For an additional amount for ``Environmental Programs and 
Management'' for necessary expenses related to the consequences of 
Hurricane Sandy, $725,000, to remain available until expended: 
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     Hazardous Substance Superfund

    For an additional amount for ``Hazardous Substance Superfund'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$2,000,000, to remain available until expended: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 Leaking Underground Storage Tank Fund

    For an additional amount for ``Leaking Underground Storage Tank 
Fund'' for necessary expenses related to the consequences of Hurricane 
Sandy, $5,000,000, to remain available until expended: Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', $600,000,000, to remain available until expended, of which 
$500,000,000 shall be for capitalization grants for the Clean Water 
State Revolving Funds under title VI of the Federal Water Pollution 
Control Act, and of which $100,000,000 shall be for capitalization 
grants under section 1452 of the Safe Drinking Water Act: Provided, 
That notwithstanding section 604(a) of the Federal Water Pollution 
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, 
funds appropriated herein shall be provided to States in EPA Region 2 
for wastewater and drinking water treatment works and facilities 
impacted by Hurricane Sandy: Provided further, That notwithstanding the 
requirements of section 603(d) of the Federal Water Pollution Control 
Act, for the funds appropriated herein, each State shall use not less 
than 20 percent but not more than 30 percent of the amount of its 
capitalization grants to provide additional subsidization to eligible 
recipients in the form of forgiveness of principal, negative interest 
loans or grants or any combination of these: Provided further, That the 
funds appropriated herein shall only be used for eligible projects 
whose purpose is to reduce flood damage risk and vulnerability or to 
enhance resiliency to rapid hydrologic change or a natural disaster at 
treatment works as defined by section 212 of the Federal Water 
Pollution Control Act or any eligible facilities under section 1452 of 
the Safe Drinking Water Act, and for other eligible tasks at such 
treatment works or facilities necessary to further such purposes: 
Provided further, That the Administrator of the Environmental 
Protection Agency may retain up to $1,000,000 of the funds appropriated 
herein for management and oversight: Provided further, That such 
amounts are designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

    For an additional amount for ``Capital Improvement and 
Maintenance'' for necessary expenses related to the consequences of 
Hurricane Sandy, $4,400,000, to remain available until expended: 
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                          OTHER RELATED AGENCY

                        Smithsonian Institution

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Sandy, 
$2,000,000, to remain available until expended: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfers of funds)

    For an additional amount for ``Training and Employment Services'', 
$25,000,000, for the dislocated workers assistance national reserve for 
necessary expenses directly related to Hurricane Sandy, which shall be 
available from the date of enactment of this division through September 
30, 2013: Provided, That the Secretary of Labor may transfer up to 
$3,500,000 of such funds to any other Department of Labor account for 
other Hurricane Sandy reconstruction and recovery needs, including 
worker protection activities: Provided further, That such amounts are 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfers of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' for disaster response and recovery, and other expenses 
directly related to Hurricane Sandy, including making payments under 
the Head Start Act and additional payments for distribution as provided 
for under the ``Social Services Block Grant Program'', $800,000,000, to 
remain available until September 30, 2015: Provided, That $100,000,000 
shall be transferred to ``Children and Families Services Programs'' for 
the Head Start program for the purposes provided herein: Provided 
further, That $500,000,000 shall be transferred to ``Social Services 
Block Grant'' for the purposes provided herein: Provided further, That 
section 2002(c) of the Social Security Act shall be applied to funds 
appropriated in the preceding proviso by substituting ``succeeding 2 
fiscal years'' for ``succeeding fiscal year'': Provided further, That 
not less than $5,000,000 shall be transferred to the Department of 
Health and Human Services (``HHS'') ``Office of Inspector General'' to 
perform oversight, accountability, and evaluation of programs, 
projects, or activities supported with the funds provided for the 
purposes provided herein: Provided further, That notwithstanding any 
other provision of law, the distribution of any amount shall be limited 
to the States directly affected by Hurricane Sandy and which have been 
declared by the President as a major disaster under title IV of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act for 
Hurricane Sandy: Provided further, That none of the funds appropriated 
in this paragraph shall be included in the calculation of the ``base 
grant'' in subsequent fiscal years, as such term is defined in sections 
640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: 
Provided further, That funds appropriated in this paragraph are not 
subject to the allocation requirements of section 640(a) of the Head 
Start Act: Provided further, That funds appropriated in this paragraph 
for the Social Services Block Grant are in addition to the entitlement 
grants authorized by section 2002(a)(1) of the Social Security Act and 
shall not be available for such entitlement grants: Provided further, 
That in addition to other uses permitted by title XX of the Social 
Security Act, funds appropriated in this paragraph for the Social 
Services Block Grant may be used for health services (including mental 
health services), and for costs of renovating, repairing, or rebuilding 
health care facilities, child care facilities, or other social services 
facilities: Provided further, That the remaining $195,000,000 
appropriated in this paragraph may be transferred by the Secretary of 
HHS (``Secretary'') to accounts within HHS, and shall be available only 
for the purposes provided in this paragraph: Provided further, That the 
transfer authority provided in this paragraph is in addition to any 
other transfer authority available in this or any other Act: Provided 
further, That 15 days prior to the transfer of funds appropriated in 
this paragraph, the Secretary shall notify the Committees on 
Appropriations of the House of Representatives and the Senate of any 
such transfer and the planned uses of the funds: Provided further, That 
obligations incurred for the purposes provided herein prior to the date 
of enactment of this division may be charged to funds appropriated by 
this paragraph: Provided further, That funds appropriated in this 
paragraph and transferred to the National Institutes of Health for the 
purpose of supporting the repair or rebuilding of non-Federal 
biomedical or behavioral research facilities damaged as a result of 
Hurricane Sandy shall be used to award grants or contracts for such 
purpose under section 404I of the Public Health Service Act: Provided 
further, That section 481A(c)(2) of such Act does not apply to the use 
of funds described in the preceding proviso: Provided further, That 
funds appropriated in this paragraph shall not be available for costs 
that are reimbursed by the Federal Emergency Management Agency, under a 
contract for insurance, or by self-insurance: Provided further, That 
such amounts are designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985: Provided further, That this 
paragraph shall apply in place of the previous provisions under this 
heading in title VI of this division, and such previous provisions 
shall have no force or effect.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$30,000,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until expended, for necessary expenses related to 
the consequences of Hurricane Sandy: Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

    For an additional amount for the ``Emergency Relief Program'' as 
authorized under section 125 of title 23, United States Code, 
$2,022,000,000, to remain available until expended: Provided, That the 
obligations for projects under this section resulting from a single 
natural disaster or a single catastrophic failure in a State shall not 
exceed $100,000,000, and the total obligations for projects under this 
section in any fiscal year in the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands shall not exceed 
$20,000,000: Provided further, That notwithstanding the preceding 
proviso, the Secretary of Transportation may obligate more than 
$100,000,000, but not more than $500,000,000, for a single natural 
disaster event in a State for emergency relief projects arising from 
damage caused in calendar year 2012 by Hurricane Sandy: Provided 
further, That no funds provided in this division shall be used for 
section 125(g) of such title: Provided further, That the amount 
provided under this heading is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    Federal Railroad Administration

         grants to the national railroad passenger corporation

    For an additional amount for ``Grants to the National Railroad 
Passenger Corporation'' for the Secretary of Transportation to make 
capital and debt service grants to the National Railroad Passenger 
Corporation to advance capital projects that address Northeast Corridor 
infrastructure recovery and resiliency in the affected areas, 
$86,000,000, to remain available until expended: Provided, That none of 
the funds may be used to subsidize operating losses of the Corporation: 
Provided further, That as a condition of eligibility for receipt of 
such funds, the Corporation shall not, after the enactment of this 
division, use any funds provided for Capital and Debt Service Grants to 
the National Railroad Passenger Corporation in this division or any 
other Act for operating expenses, which includes temporary transfers of 
such funds: Provided further, That the Administrator of the Federal 
Railroad Administration may retain up to one-half of 1 percent of the 
funds provided under this heading to fund the award and oversight by 
the Administrator of grants made under this heading: Provided further, 
That for an additional amount for the Secretary to make operating 
subsidy grants to the National Railroad Passenger Corporation for 
necessary repairs related to the consequences of Hurricane Sandy, 
$32,000,000, to remain available until expended: Provided further, That 
each amount under this heading is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     Federal Transit Administration

             public transportation emergency relief program

                     (including transfer of funds)

    For the ``Public Transportation Emergency Relief Program'' as 
authorized under section 5324 of title 49, United States Code, 
$10,900,000,000, to remain available until expended, for recovery and 
relief efforts in the areas most affected by Hurricane Sandy: Provided, 
That not more than $2,000,000,000 shall be made available not later 
than 60 days after the enactment of this division: Provided further, 
That the remainder of the funds shall be made available only after the 
Federal Transit Administration and the Federal Emergency Management 
Agency sign the Memorandum of Agreement required by section 20017(b) of 
the Moving Ahead for Progress in the 21st Century Act (Public Law 112-
141) and the Federal Transit Administration publishes interim 
regulations for the Public Transportation Emergency Relief Program: 
Provided further, That of the funds provided under this heading, the 
Secretary of Transportation may transfer up to $5,383,000,000 to the 
appropriate agencies to fund programs authorized under titles 23 and 
49, United States Code, in order to carry out projects related to 
reducing risk of damage from future disasters in areas impacted by 
Hurricane Sandy: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate shall be 
notified at least 15 days in advance of any such transfer: Provided 
further, That up to three-quarters of 1 percent of the funds retained 
for public transportation emergency relief shall be available for the 
purposes of administrative expenses and ongoing program management 
oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall 
be in addition to any other appropriations for such purposes: Provided 
further, That, of the funds made available under this heading, 
$6,000,000 shall be transferred to the Office of Inspector General to 
support the oversight of activities funded under this heading: Provided 
further, That such amounts are designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

                     (including transfers of funds)

    For an additional amount for ``Community Development Fund'', 
$16,000,000,000, to remain available until September 30, 2017, for 
necessary expenses related to disaster relief, long-term recovery, 
restoration of infrastructure and housing, and economic revitalization 
in the most impacted and distressed areas resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane 
Sandy and other eligible events in calendar years 2011, 2012, and 2013, 
for activities authorized under title I of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided, That funds 
shall be awarded directly to the State or unit of general local 
government as a grantee at the discretion of the Secretary of Housing 
and Urban Development: Provided further, That the Secretary shall 
allocate to grantees not less than 33 percent of the funds provided 
under this heading within 60 days after the enactment of this division 
based on the best available data: Provided further, That prior to the 
obligation of funds, a grantee shall submit a plan to the Secretary for 
approval detailing the proposed use of all funds, including criteria 
for eligibility and how the use of these funds will address long-term 
recovery and restoration of infrastructure and housing and economic 
revitalization in the most impacted and distressed areas: Provided 
further, That the Secretary shall by notice specify the criteria for 
approval of such plans within 45 days of enactment of this division: 
Provided further, That if the Secretary determines that a plan does not 
meet such criteria, the Secretary shall disapprove the plan: Provided 
further, That funds provided under this heading may not be used for 
activities reimbursable by or for which funds are made available by the 
Federal Emergency Management Agency or the Army Corps of Engineers: 
Provided further, That funds allocated under this heading shall not be 
considered relevant to the non-disaster formula allocations made 
pursuant to section 106 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5306): Provided further, That a grantee may use up to 5 
percent of its allocation for administrative costs: Provided further, 
That a grantee shall administer grant funds provided under this heading 
in accordance with all applicable laws and regulations and may not 
delegate, by contract or otherwise, the responsibility for 
administering such grant funds: Provided further, That as a condition 
of making any grant, the Secretary shall certify in advance that such 
grantee has in place proficient financial controls and procurement 
processes and has established adequate procedures to prevent any 
duplication of benefits as defined by section 312 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), 
to ensure timely expenditure of funds, to maintain comprehensive 
websites regarding all disaster recovery activities assisted with these 
funds, and to detect and prevent waste, fraud, and abuse of funds: 
Provided further, That the Secretary shall provide grantees with 
technical assistance on contracting and procurement processes and shall 
require grantees, in contracting or procuring these funds, to 
incorporate performance requirements and penalties into any such 
contracts or agreements: Provided further, That the Secretary shall 
require grantees to maintain on a public website information accounting 
for how all grant funds are used, including details of all contracts 
and ongoing procurement processes: Provided further, That, in 
administering the funds under this heading, the Secretary may waive, or 
specify alternative requirements for, any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of these funds 
(except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment) pursuant to a determination by 
the Secretary that good cause exists for the waiver or alternative 
requirement and that such action is not inconsistent with the overall 
purposes of title I of the Housing and Community Development Act of 
1974 (42 U.S.C. 5301 et seq.): Provided further, That, notwithstanding 
the preceding proviso, recipients of funds provided under this heading 
that use such funds to supplement Federal assistance provided under 
section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
may adopt, without review or public comment, any environmental review, 
approval, or permit performed by a Federal agency, and such adoption 
shall satisfy the responsibilities of the recipient with respect to 
such environmental review, approval or permit: Provided further, That, 
notwithstanding section 104(g)(2) of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon 
receipt of a request for release of funds and certification, 
immediately approve the release of funds for an activity or project 
assisted under this heading if the recipient has adopted an 
environmental review, approval or permit under the preceding proviso or 
the activity or project is categorically excluded from review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): 
Provided further, That a waiver granted by the Secretary may not reduce 
the percentage of funds that must be used for activities that benefit 
persons of low and moderate income to less than 50 percent, unless the 
Secretary specifically finds that there is a compelling need to further 
reduce or eliminate the percentage requirement: Provided further, That 
the Secretary shall publish in the Federal Register any waiver of any 
statute or regulation that the Secretary administers pursuant to title 
I of the Housing and Community Development Act of 1974 no later than 5 
days before the effective date of such waiver: Provided further, That, 
of the funds made available under this heading, up to $10,000,000 may 
be transferred to ``Program Office Salaries and Expenses, Community 
Planning and Development'' for necessary costs, including information 
technology costs, of administering and overseeing funds made available 
under this heading: Provided further, That of the funds made available 
under this heading, $10,000,000 shall be transferred to ``Office of the 
Inspector General'' for necessary costs of overseeing and auditing 
funds made available under this heading: Provided further, That the 
amounts provided under this heading are designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1091.  For fiscal year 2013, upon request by a public housing 
agency and supported by documentation as required by the Secretary of 
Housing and Urban Development that demonstrates that the need for the 
adjustment is due to the disaster, the Secretary may make temporary 
adjustments to the section 8 housing choice voucher annual renewal 
funding allocations and administrative fee eligibility determinations 
for public housing agencies in an area for which the President declared 
a disaster during such fiscal year under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
et seq.), to avoid significant adverse funding impacts that would 
otherwise result from the disaster.
    Sec. 1092.  The Departments of Transportation and Housing and Urban 
Development shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate within 45 days after the date 
of the enactment of this division a plan for implementing the 
provisions in this chapter, and updates to such plan on a biannual 
basis thereafter.
    Sec. 1093.  None of the funds provided in this chapter to the 
Department of Transportation or the Department of Housing and Urban 
Development may be used to make a grant unless the Secretary of such 
Department notifies the Committees on Appropriations of the House of 
Representatives and the Senate not less than 3 full business days 
before any project, State or locality is selected to receive a grant 
award totaling $1,000,000 or more is announced by either Department or 
a modal administration.
    Sec. 1094.  This chapter shall apply in place of title VIII of this 
division, and such title shall have no force or effect.
    Sec. 1095.  The amounts otherwise provided by this division are 
revised by reducing the amount made available for ``Small Business 
Administration--Disaster Loans Program Account'' for administrative 
expenses to carry out the direct loan program authorized by section 
7(b) of the Small Business Act (and within such amount, the amount made 
available for direct administrative expenses of loan making and 
servicing to carry out such program), and increasing the amount made 
available for ``Department of Veterans Affairs--National Cemetery 
Administration'', by $1,000,000.
    Sec. 1096.  None of the funds provided in this division shall be 
used for land acquisition by the Secretary of the Interior or the 
Secretary of Agriculture.
     This division may be cited as the ``Disaster Relief Appropriations 
Act, 2013''.

           DIVISION B--SANDY RECOVERY IMPROVEMENT ACT OF 2013

SEC. 1101. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Sandy 
Recovery Improvement Act of 2013''.
    (b) Table of Contents.--The table of contents for this division is 
as follows:

Sec. 1101. Short title; table of contents.
Sec. 1102. Public assistance program alternative procedures.
Sec. 1103. Federal assistance to individuals and households.
Sec. 1104. Hazard mitigation.
Sec. 1105. Dispute resolution pilot program.
Sec. 1106. Unified Federal review.
Sec. 1107. Simplified procedures.
Sec. 1108. Essential assistance.
Sec. 1109. Individual assistance factors.
Sec. 1110. Tribal requests for a major disaster or emergency 
                            declaration under the Stafford Act.
Sec. 1111. Recommendations for reducing costs of future disasters.

SEC. 1102. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) by redesignating the second section 425 (relating to 
        essential service providers) as section 427; and
            (2) by adding at the end the following:

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

    ``(a) Approval of Projects.--The President, acting through the 
Administrator of the Federal Emergency Management Agency, may approve 
projects under the alternative procedures adopted under this section 
for any major disaster or emergency declared on or after the date of 
enactment of this section. The Administrator may also apply the 
alternate procedures adopted under this section to a major disaster or 
emergency declared before enactment of this Act for which construction 
has not begun as of the date of enactment of this Act.
    ``(b) Adoption.--The Administrator, in coordination with States, 
tribal and local governments, and owners or operators of private 
nonprofit facilities, may adopt alternative procedures to administer 
assistance provided under sections 403(a)(3)(A), 406, 407, and 
502(a)(5).
    ``(c) Goals of Procedures.--The alternative procedures adopted 
under subsection (a) shall further the goals of--
            ``(1) reducing the costs to the Federal Government of 
        providing such assistance;
            ``(2) increasing flexibility in the administration of such 
        assistance;
            ``(3) expediting the provision of such assistance to a 
        State, tribal or local government, or owner or operator of a 
        private nonprofit facility; and
            ``(4) providing financial incentives and disincentives for 
        a State, tribal or local government, or owner or operator of a 
        private nonprofit facility for the timely and cost-effective 
        completion of projects with such assistance.
    ``(d) Participation.--Participation in the alternative procedures 
adopted under this section shall be at the election of a State, tribal 
or local government, or owner or operator of a private nonprofit 
facility consistent with procedures determined by the Administrator.
    ``(e) Minimum Procedures.--The alternative procedures adopted under 
this section shall include the following:
            ``(1) For repair, restoration, and replacement of damaged 
        facilities under section 406--
                    ``(A) making grants on the basis of fixed 
                estimates, if the State, tribal or local government, or 
                owner or operator of the private nonprofit facility 
                agrees to be responsible for any actual costs that 
                exceed the estimate;
                    ``(B) providing an option for a State, tribal or 
                local government, or owner or operator of a private 
                nonprofit facility to elect to receive an in-lieu 
                contribution, without reduction, on the basis of 
                estimates of--
                            ``(i) the cost of repair, restoration, 
                        reconstruction, or replacement of a public 
                        facility owned or controlled by the State, 
                        tribal or local government or owner or operator 
                        of a private nonprofit facility; and
                            ``(ii) management expenses;
                    ``(C) consolidating, to the extent determined 
                appropriate by the Administrator, the facilities of a 
                State, tribal or local government, or owner or operator 
                of a private nonprofit facility as a single project 
                based upon the estimates adopted under the procedures;
                    ``(D) if the actual costs of a project completed 
                under the procedures are less than the estimated costs 
                thereof, the Administrator may permit a grantee or 
                subgrantee to use all or part of the excess funds for--
                            ``(i) cost-effective activities that reduce 
                        the risk of future damage, hardship, or 
                        suffering from a major disaster; and
                            ``(ii) other activities to improve future 
                        Public Assistance operations or planning;
                    ``(E) in determining eligible costs under section 
                406, the Administrator shall make available, at an 
                applicant's request and where the Administrator or the 
                certified cost estimate prepared by the applicant's 
                professionally licensed engineers has estimated an 
                eligible Federal share for a project of at least 
                $5,000,000, an independent expert panel to validate the 
                estimated eligible cost consistent with applicable 
                regulations and policies implementing this section; and
                    ``(F) in determining eligible costs under section 
                406, the Administrator shall, at the applicant's 
                request, consider properly conducted and certified cost 
                estimates prepared by professionally licensed engineers 
                (mutually agreed upon by the Administrator and the 
                applicant), to the extent that such estimates comply 
                with applicable regulations, policy, and guidance.
            ``(2) For debris removal under sections 403(a)(3)(A), 407, 
        and 502(a)(5)--
                    ``(A) making grants on the basis of fixed estimates 
                to provide financial incentives and disincentives for 
                the timely or cost-effective completion if the State, 
                tribal or local government, or owner or operator of the 
                private nonprofit facility agrees to be responsible to 
                pay for any actual costs that exceed the estimate;
                    ``(B) using a sliding scale for determining the 
                Federal share for removal of debris and wreckage based 
                on the time it takes to complete debris and wreckage 
                removal;
                    ``(C) allowing use of program income from recycled 
                debris without offset to the grant amount;
                    ``(D) reimbursing base and overtime wages for 
                employees and extra hires of a State, tribal or local 
                government, or owner or operator of a private nonprofit 
                facility performing or administering debris and 
                wreckage removal;
                    ``(E) providing incentives to a State or tribal or 
                local government to have a debris management plan 
                approved by the Administrator and have pre-qualified 1 
                or more debris and wreckage removal contractors before 
                the date of declaration of the major disaster; and
                    ``(F) if the actual costs of projects under 
                subparagraph (A) are less than the estimated costs of 
                the project, the Administrator may permit a grantee or 
                subgrantee to use all or part of the excess funds for--
                            ``(i) debris management planning;
                            ``(ii) acquisition of debris management 
                        equipment for current or future use; and
                            ``(iii) other activities to improve future 
                        debris removal operations, as determined by the 
                        Administrator.
    ``(f) Waiver Authority.--Until such time as the Administrator 
promulgates regulations to implement this section, the Administrator 
may--
            ``(1) waive notice and comment rulemaking, if the 
        Administrator determines the waiver is necessary to 
        expeditiously implement this section; and
            ``(2) carry out the alternative procedures under this 
        section as a pilot program.
    ``(g) Overtime Payments.--The guidelines for reimbursement for 
costs under subsection (e)(2)(D) shall ensure that no State or local 
government is denied reimbursement for overtime payments that are 
required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.).
    ``(h) Report.--
            ``(1) In general.--Not earlier than 3 years, and not later 
        than 5 years, after the date of enactment of this section, the 
        Inspector General of the Department of Homeland Security shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report on the 
        alternative procedures for the repair, restoration, and 
        replacement of damaged facilities under section 406 authorized 
        under this section.
            ``(2) Contents.--The report shall contain an assessment of 
        the effectiveness of the alternative procedures, including--
                    ``(A) whether the alternative procedures helped to 
                improve the general speed of disaster recovery;
                    ``(B) the accuracy of the estimates relied upon;
                    ``(C) whether the financial incentives and 
                disincentives were effective;
                    ``(D) whether the alternative procedures were cost 
                effective;
                    ``(E) whether the independent expert panel 
                described in subsection (e)(1)(E) was effective; and
                    ``(F) recommendations for whether the alternative 
                procedures should be continued and any recommendations 
                for changes to the alternative procedures.''.

SEC. 1103. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended--
            (1) by redesignating clauses (ii) and (iii) as clauses 
        (iii) and (iv), respectively;
            (2) by inserting after clause (i) the following:
                            ``(ii) Lease and repair of rental units for 
                        temporary housing.--
                                    ``(I) In general.--The President, 
                                to the extent the President determines 
                                it would be a cost-effective 
                                alternative to other temporary housing 
                                options, may--
                                            ``(aa) enter into lease 
                                        agreements with owners of 
                                        multifamily rental property 
                                        located in areas covered by a 
                                        major disaster declaration to 
                                        house individuals and 
                                        households eligible for 
                                        assistance under this section; 
                                        and
                                            ``(bb) make repairs or 
                                        improvements to properties 
                                        under such lease agreements, to 
                                        the extent necessary to serve 
                                        as safe and adequate temporary 
                                        housing.
                                    ``(II) Improvements or repairs.--
                                Under the terms of any lease agreement 
                                for property entered into under this 
                                subsection, the value of the 
                                improvements or repairs--
                                            ``(aa) shall be deducted 
                                        from the value of the lease 
                                        agreement; and
                                            ``(bb) may not exceed the 
                                        value of the lease 
                                        agreement.''; and
            (3) in clause (iv) (as so redesignated) by striking 
        ``clause (ii)'' and inserting ``clause (iii)''.

SEC. 1104. HAZARD MITIGATION.

    (a) Streamlined Procedures; Advance Assistance.--Section 404 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170c) is amended by adding at the end the following:
    ``(d) Streamlined Procedures.--
            ``(1) In general.--For the purpose of providing assistance 
        under this section, the President shall ensure that--
                    ``(A) adequate resources are devoted to ensure that 
                applicable environmental reviews under the National 
                Environmental Policy Act of 1969 and historic 
                preservation reviews under the National Historic 
                Preservation Act are completed on an expeditious basis; 
                and
                    ``(B) the shortest existing applicable process 
                under the National Environmental Policy Act of 1969 and 
                the National Historic Preservation Act is utilized.
            ``(2) Authority for other expedited procedures.--The 
        President may utilize expedited procedures in addition to those 
        required under paragraph (1) for the purpose of providing 
        assistance under this section, such as procedures under the 
        Prototype Programmatic Agreement of the Federal Emergency 
        Management Agency, for the consideration of multiple structures 
        as a group and for an analysis of the cost-effectiveness and 
        fulfillment of cost-share requirements for proposed hazard 
        mitigation measures.
    ``(e) Advance Assistance.--The President may provide not more than 
25 percent of the amount of the estimated cost of hazard mitigation 
measures to a State grantee eligible for a grant under this section 
before eligible costs are incurred.''.
    (b) Establishment of Criteria Relating to Administration of Hazard 
Mitigation Assistance by States.--Section 404(c)(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(c)(2)) is amended by inserting after ``applications submitted 
under paragraph (1).'' the following: ``Until such time as the 
Administrator promulgates regulations to implement this paragraph, the 
Administrator may waive notice and comment rulemaking, if the 
Administrator determines doing so is necessary to expeditiously 
implement this section, and may carry out this section as a pilot 
program.''.
    (c) Applicability.--The authority under the amendments made by this 
section shall apply to--
            (1) any major disaster or emergency declared under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) on or after the date of enactment of 
        this division; and
            (2) a major disaster or emergency declared under that Act 
        before the date of enactment of this division for which the 
        period for processing requests for assistance has not ended as 
        of the date of enactment of this division.

SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal emergency Management Agency.
            (2) Eligible assistance.--The term ``eligible assistance'' 
        means assistance--
                    (A) under section 403, 406, or 407 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170b, 5172, 5173);
                    (B) for which the legitimate amount in dispute is 
                not less than $1,000,000, which sum the Administrator 
                shall adjust annually to reflect changes in the 
                Consumer Price Index for all Urban Consumers published 
                by the Department of Labor;
                    (C) for which the applicant has a non-Federal 
                share; and
                    (D) for which the applicant has received a decision 
                on a first appeal.
    (b) Procedures.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this section, and in order to facilitate an 
        efficient recovery from major disasters, the Administrator 
        shall establish procedures under which an applicant may request 
        the use of alternative dispute resolution, including 
        arbitration by an independent review panel, to resolve disputes 
        relating to eligible assistance.
            (2) Binding effect.--A decision by an independent review 
        panel under this section shall be binding upon the parties to 
        the dispute.
            (3) Considerations.--The procedures established under this 
        section shall--
                    (A) allow a party of a dispute relating to eligible 
                assistance to request an independent review panel for 
                the review;
                    (B) require a party requesting an independent 
                review panel as described in subparagraph (A) to agree 
                to forgo rights to any further appeal of the dispute 
                relating to any eligible assistance;
                    (C) require that the sponsor of an independent 
                review panel for any alternative dispute resolution 
                under this section be--
                            (i) an individual or entity unaffiliated 
                        with the dispute (which may include a Federal 
                        agency, an administrative law judge, or a 
                        reemployed annuitant who was an employee of the 
                        Federal Government) selected by the 
                        Administrator; and
                            (ii) responsible for identifying and 
                        maintaining an adequate number of independent 
                        experts qualified to review and resolve 
                        disputes under this section;
                    (D) require an independent review panel to--
                            (i) resolve any remaining disputed issue in 
                        accordance with all applicable laws, 
                        regulations, and Agency interpretations of 
                        those laws through its published policies and 
                        guidance;
                            (ii) consider only evidence contained in 
                        the administrative record, as it existed at the 
                        time at which the Agency made its initial 
                        decision;
                            (iii) only set aside a decision of the 
                        Agency found to be arbitrary, capricious, an 
                        abuse of discretion, or otherwise not in 
                        accordance with law; and
                            (iv) in the case of a finding of material 
                        fact adverse to the claimant made on first 
                        appeal, only set aside or reverse such finding 
                        if the finding is clearly erroneous;
                    (E) require an independent review panel to 
                expeditiously issue a written decision for any 
                alternative dispute resolution under this section; and
                    (F) direct that if an independent review panel for 
                any alternative dispute resolution under this section 
                determines that the basis upon which a party submits a 
                request for alternative dispute resolution is 
                frivolous, the independent review panel shall direct 
                the party to pay the reasonable costs to the Federal 
                Emergency Management Agency relating to the review by 
                the independent review panel. Any funds received by the 
                Federal Emergency Management Agency under the authority 
                of this section shall be deposited to the credit of the 
                appropriation or appropriations available for the 
                eligible assistance in dispute on the date on which the 
                funds are received.
    (c) Sunset.--A request for review by an independent review panel 
under this section may not be made after December 31, 2015.
    (d) Report.--
            (1) In general.--Not later than 270 days after the 
        termination of authority under this section under subsection 
        (c), the Comptroller General of the United States shall submit 
        to the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        analyzing the effectiveness of the program under this section.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a determination of the availability of data 
                required to complete the report;
                    (B) an assessment of the effectiveness of the 
                program under this section, including an assessment of 
                whether the program expedited or delayed the disaster 
                recovery process;
                    (C) an assessment of whether the program increased 
                or decreased costs to administer section 403, 406, or 
                407 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act;
                    (D) an assessment of the procedures and safeguards 
                that the independent review panels established to 
                ensure objectivity and accuracy, and the extent to 
                which they followed those procedures and safeguards;
                    (E) a recommendation as to whether any aspect of 
                the program under this section should be made a 
                permanent authority; and
                    (F) recommendations for any modifications to the 
                authority or the administration of the authority under 
                this section in order to improve the disaster recovery 
                process.

SEC. 1106. UNIFIED FEDERAL REVIEW.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (as amended by this division) is further amended by 
adding at the end the following:

``SEC. 429. UNIFIED FEDERAL REVIEW.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, and in consultation with the Council on 
Environmental Quality and the Advisory Council on Historic 
Preservation, the President shall establish an expedited and unified 
interagency review process to ensure compliance with environmental and 
historic requirements under Federal law relating to disaster recovery 
projects, in order to expedite the recovery process, consistent with 
applicable law.
    ``(b) Contents.--The review process established under this section 
shall include mechanisms to expeditiously address delays that may occur 
during the recovery from a major disaster and be updated, as 
appropriate, consistent with applicable law.''.

SEC. 1107. SIMPLIFIED PROCEDURES.

    Section 422 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5189) is amended--
            (1) by striking ``If the Federal estimate'' and inserting 
        ``(a) In General.--If the Federal estimate'';
            (2) by inserting ``(or, if the Administrator has 
        established a threshold under subsection (b), the amount 
        established under subsection (b))'' after ``$35,000'' the first 
        place it appears;
            (3) by inserting ``or, if applicable, the amount 
        established under subsection (b),'' after ``$35,000 amount'' 
        the second place it appears; and
            (4) by adding at the end the following:
    ``(b) Threshold.--
            ``(1) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the President, acting through the 
        Administrator of the Federal Emergency Management Agency (in 
        this section referred to as the `Administrator'), shall--
                    ``(A) complete an analysis to determine whether an 
                increase in the threshold for eligibility under 
                subsection (a) is appropriate, which shall include 
                consideration of cost-effectiveness, speed of recovery, 
                capacity of grantees, past performance, and 
                accountability measures; and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate a report regarding the analysis conducted 
                under subparagraph (A).
            ``(2) Amount.--After the Administrator submits the report 
        required under paragraph (1), the President shall direct the 
        Administrator to--
                    ``(A) immediately establish a threshold for 
                eligibility under this section in an appropriate 
                amount, without regard to chapter 5 of title 5, United 
                States Code; and
                    ``(B) adjust the threshold annually to reflect 
                changes in the Consumer Price Index for all Urban 
                Consumers published by the Department of Labor.
            ``(3) Review.--Not later than 3 years after the date on 
        which the Administrator establishes a threshold under paragraph 
        (2), and every 3 years thereafter, the President, acting 
        through the Administrator, shall review the threshold for 
        eligibility under this section.''.

SEC. 1108. ESSENTIAL ASSISTANCE.

    (a) Other Needs Assistance.--Section 408(e)(1) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5174(e)(1)) is amended--
            (1) in the paragraph heading by inserting ``child care,'' 
        after ``dental,''; and
            (2) by inserting ``child care,'' after ``dental,''.
    (b) Salaries and Benefits.--Section 403 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is 
amended by adding at the end the following:
    ``(d) Salaries and Benefits.--
            ``(1) In general.--If the President declares a major 
        disaster or emergency for an area within the jurisdiction of a 
        State, tribal, or local government, the President may reimburse 
        the State, tribal, or local government for costs relating to--
                    ``(A) basic pay and benefits for permanent 
                employees of the State, tribal, or local government 
                conducting emergency protective measures under this 
                section, if--
                            ``(i) the work is not typically performed 
                        by the employees; and
                            ``(ii) the type of work may otherwise be 
                        carried out by contract or agreement with 
                        private organizations, firms, or individuals.; 
                        or
                    ``(B) overtime and hazardous duty compensation for 
                permanent employees of the State, tribal, or local 
                government conducting emergency protective measures 
                under this section.
            ``(2) Overtime.--The guidelines for reimbursement for costs 
        under paragraph (1) shall ensure that no State, tribal, or 
        local government is denied reimbursement for overtime payments 
        that are required pursuant to the Fair Labor Standards Act of 
        1938 (29 U.S.C. 201 et seq.).
            ``(3) No effect on mutual aid pacts.--Nothing in this 
        subsection shall affect the ability of the President to 
        reimburse labor force expenses provided pursuant to an 
        authorized mutual aid pact.''.

SEC. 1109. INDIVIDUAL ASSISTANCE FACTORS.

    In order to provide more objective criteria for evaluating the need 
for assistance to individuals, to clarify the threshold for eligibility 
and to speed a declaration of a major disaster or emergency under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), not later than 1 year after the date of enactment 
of this division, the Administrator of the Federal Emergency Management 
Agency, in cooperation with representatives of State, tribal, and local 
emergency management agencies, shall review, update, and revise through 
rulemaking the factors considered under section 206.48 of title 44, 
Code of Federal Regulations (including section 206.48(b)(2) of such 
title relating to trauma and the specific conditions or losses that 
contribute to trauma), to measure the severity, magnitude, and impact 
of a disaster.

SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY 
              DECLARATION UNDER THE STAFFORD ACT.

    (a) Major Disaster Requests.--Section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is 
amended--
            (1) by striking ``All requests for a declaration'' and 
        inserting ``(a) In General.--All requests for a declaration''; 
        and
            (2) by adding at the end the following:
    ``(b) Indian Tribal Government Requests.--
            ``(1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a declaration 
        by the President that a major disaster exists consistent with 
        the requirements of subsection (a).
            ``(2) References.--In implementing assistance authorized by 
        the President under this Act in response to a request of the 
        Chief Executive of an affected Indian tribal government for a 
        major disaster declaration, any reference in this title or 
        title III (except sections 310 and 326) to a State or the 
        Governor of a State is deemed to refer to an affected Indian 
        tribal government or the Chief Executive of an affected Indian 
        tribal government, as appropriate.
            ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.
    ``(c) Cost Share Adjustments for Indian Tribal Governments.--
            ``(1) In general.--In providing assistance to an Indian 
        tribal government under this title, the President may waive or 
        adjust any payment of a non-Federal contribution with respect 
        to the assistance if--
                    ``(A) the President has the authority to waive or 
                adjust the payment under another provision of this 
                title; and
                    ``(B) the President determines that the waiver or 
                adjustment is necessary and appropriate.
            ``(2) Criteria for making determinations.--The President 
        shall establish criteria for making determinations under 
        paragraph (1)(B).''.
    (b) Emergency Requests.--Section 501 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is 
amended by adding at the end the following:
    ``(c) Indian Tribal Government Requests.--
            ``(1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a declaration 
        by the President that an emergency exists consistent with the 
        requirements of subsection (a).
            ``(2) References.--In implementing assistance authorized by 
        the President under this title in response to a request of the 
        Chief Executive of an affected Indian tribal government for an 
        emergency declaration, any reference in this title or title III 
        (except sections 310 and 326) to a State or the Governor of a 
        State is deemed to refer to an affected Indian tribal 
        government or the Chief Executive of an affected Indian tribal 
        government, as appropriate.
            ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.''.
    (c) Definitions.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
            (1) in paragraph (7)(B) by striking ``; and'' and inserting 
        ``, that is not an Indian tribal government as defined in 
        paragraph (6); and'';
            (2) by redesignating paragraphs (6) through (10) as 
        paragraphs (7) through (11), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) Indian tribal government.--The term `Indian tribal 
        government' means the governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, or community that 
        the Secretary of the Interior acknowledges to exist as an 
        Indian tribe under the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 479a et seq.).''; and
            (4) by adding at the end the following:
            ``(12) Chief executive.--The term `Chief Executive' means 
        the person who is the Chief, Chairman, Governor, President, or 
        similar executive official of an Indian tribal government.''.
    (d) References.--Title I of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by 
adding after section 102 the following:

``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 plurals) with respect to 
governments or officials and any reference to a `local government' in 
sections 406(d)(3) and 417 is deemed to refer also to Indian tribal 
governments and officials, as appropriate.''.
    (e) Regulations.--
            (1) Issuance.--The President shall issue regulations to 
        carry out the amendments made by this section.
            (2) Factors.--In issuing the regulations, the President 
        shall consider the unique conditions that affect the general 
        welfare of Indian tribal governments.

SEC. 1111. RECOMMENDATIONS FOR REDUCING COSTS OF FUTURE DISASTERS.

    (a) Report to Congress.--Not later than 180 days after the date of 
enactment of this division, the Administrator of the Federal Emergency 
Management Agency shall submit to Congress recommendations for the 
development of a national strategy for reducing future costs, loss of 
life, and injuries associated with extreme disaster events in 
vulnerable areas of the United States.
    (b) National Strategy.--The national strategy should--
            (1) respect the constitutional role and responsibilities of 
        Federal, State, and local governments and the private sector;
            (2) consider the vulnerability of the United States to 
        damage from flooding, severe weather events, and other hazards;
            (3) analyze gaps and duplication of emergency preparedness, 
        response, recovery, and mitigation measures provided by 
        Federal, State, and local entities; and
            (4) include recommendations on how to improve the 
        resiliency of local communities and States for the purpose of 
        lowering future costs of disaster response and recovery.

            Passed the House of Representatives January 15, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 152

_______________________________________________________________________

                                 AN ACT

Making supplemental appropriations for the fiscal year ending September 
 30, 2013, to improve and streamline disaster assistance for Hurricane 
                     Sandy, and for other purposes.