[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 152 Placed on Calendar Senate (PCS)]
Calendar No. 2
113th CONGRESS
1st Session
H. R. 152
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2013
Received; read the first time
January 28, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
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:
KAREN L. HAAS,
Clerk.
Calendar No. 2
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.
_______________________________________________________________________
January 28, 2013
Read the second time and placed on the calendar