[Congressional Record Volume 158, Number 164 (Wednesday, December 19, 2012)]
[Senate]
[Pages S8207-S8229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3382. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       After section 1105, insert the following:
       Sec. 1106. (a) Prohibition on Use of Funds for Future 
     Disaster Recovery Contracts Not Competitively Awarded.--
     Amounts appropriated or otherwise made available by this Act 
     may not be obligated or expended for any contract awarded 
     after the date of the enactment of this Act in support of 
     disaster recovery if such contract was awarded using other 
     than competitive procedures as otherwise required by chapter 
     33 of title 41, United States Code, section 2304 of title 10, 
     United States Code, and the Federal Acquisition Regulation.
       (b) Current No-bid Contracts.--
       (1) Review of contracts.--Not later than 60 days after the 
     date of the enactment of this Act, Federal agencies shall 
     conduct a review of all contracts to support disaster 
     recovery that were awarded before the date of the enactment 
     of this Act using other than competitive procedures in order 
     to determine the following:
       (A) Whether opportunities exist to achieve cost savings 
     under such contracts.
       (B) Whether the requirements being met by such contracts 
     can be met using a new or existing contract awarded through 
     competitive procedures.
       (2) Competitive award of contracts.--If a Federal agency 
     determines pursuant to the review under paragraph (1) that 
     either subparagraph of that paragraph applies to a contract 
     awarded using other than competitive procedures, the agency 
     shall take appropriate actions with respect to the contract, 
     whether to achieve cost savings under the contract, to use a 
     new or existing contract awarded through competitive 
     procedures to meet applicable requirements, or otherwise to 
     discontinue of the use of the contract.
                                 ______
                                 
  SA 3383. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 16, strike lines 17 through 20 and insert 
     ``Provided''.
                                 ______
                                 
  SA 3384. Mr. McCAIN (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 82, lines 21 and 22, strike ``to remain available 
     until expended: Provided,'' and insert ``to remain available 
     until the earlier of the date on which such funds are 
     expended or the date that is 2 years after the date of the 
     enactment of this Act: Provided, That any funding provided 
     under this heading that remains available for obligation or 
     has been obligated but not yet spent as of the date that is 2 
     years after the date of the enactment of this Act shall be 
     rescinded and returned to the Treasury for deficit reduction: 
     Provided further, That none of the funds provided under this 
     heading may be distributed until the National Railroad 
     Passenger Corporation submits a detailed plan to Congress 
     pertaining to each project or program that describes how such 
     funds will be expended: Provided further, That none of the 
     funds provided under this heading may be used for capital 
     improvements or other expenses that are not directly 
     associated with Hurricane Sandy or Tropical Storm Sandy: 
     Provided further,''.
                                 ______
                                 
  SA 3385. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 24, line 21, strike the period and insert the 
     following: ``: Provided further, That the amounts made 
     available under this heading may not be used to assist a 
     building, a mobile home, or any personal property that is 
     located in an area that has been identified by the 
     Administrator of the Federal Emergency Management Agency as 
     an area having special flood hazards and in which the sale of 
     flood insurance has been made available under the National 
     Flood Insurance Act of 1968, unless, on the date on which the 
     disaster to which the assistance relates occurred, the 
     building, mobile home, or personal property was covered by 
     flood insurance in an amount at least equal to its 
     development or project cost (less estimated land cost) or to 
     the maximum limit of coverage made available with respect to 
     the particular type of property under the National Flood 
     Insurance Act of 1968, whichever is less.''.
                                 ______
                                 
  SA 3386. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 32, strike line 19 and all that follows through 
     page 33, line 16, and insert the following:
       Sec. 605.  In administering the funds made available to 
     address any major disaster declared during the period 
     beginning on August 27, 2011 and ending on December 5, 2012, 
     the Administrator of the Federal Emergency Management Agency 
     shall establish a pilot program for the relocation of State 
     facilities under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172), under which the Administrator may waive, or specify 
     alternative requirements for, any regulation the 
     Administrator administers to provide assistance,

[[Page S8208]]

     consistent with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), for the permanent relocation of 
     State facilities, including administrative office buildings, 
     medical facilities, laboratories, and related operating 
     infrastructure (including heat, sewage, mechanical, 
     electrical, and plumbing), that were significantly damaged as 
     a result of the major disaster, are subject to flood risk, 
     and are otherwise eligible for repair, restoration, 
     reconstruction, or replacement under section 406 of that Act, 
     if the Administrator determines that such relocation is 
     practicable, and will be cost effective or more appropriate 
     than repairing, restoring, reconstructing, or replacing the 
     facility in its pre-disaster location, and if such relocation 
     will effectively mitigate the flood risk to the facility.
                                 ______
                                 
  SA 3387. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 16, strike lines 17 through 20 and insert 
     ``Provided further, That any project that is under study by 
     the Corps for reducing flooding and storm damage risks within 
     the boundaries of the North Atlantic Division of the Corps 
     that was affected by Hurricane Sandy and for which the study 
     demonstrates that the project will cost-effectively reduce 
     those risks and is environmentally acceptable and technically 
     feasible is hereby authorized: Provided''.
                                 ______
                                 
  SA 3388. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 45, strike lines 9 through 14 and insert the 
     following:
       ``(f) Waiver Authority.--Until such time as the 
     Administrator promulgates regulations to implement this 
     section, the Administrator may--
       ``(1) waive notice and comment rulemaking requirements 
     under title 5, United States Code, if the Administrator 
     determines that such action is necessary to expeditiously 
     implement this section; and
       ``(2) carry out the alternative procedures under this 
     section as a pilot program.''.
                                 ______
                                 
  SA 3389. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 38, strike lines 3 through 10 and insert the 
     following:
       ``(d) Expedited Procedures.--
       ``(1) In general.--For the purpose of providing assistance 
     under this section, the President shall ensure that--
       ``(A) adequate resources are devoted to ensuring that 
     applicable environmental reviews under the National 
     Environmental Policy Act and historic preservation reviews 
     under the National Historic Preservation Act are completed on 
     an expeditious basis; and
       ``(B) the shortest existing applicable process under the 
     National Environmental Policy Act and the National Historic 
     Preservation Act shall be utilized.
       ``(2) Authority for other expedited procedures.--The 
     President may utilize expedited procedures in addition to 
     those required under paragraph (1) for the purpose of 
     providing assistance under this section, such as those under 
     the Prototype Programmatic Agreement of the Federal Emergency 
     Management Agency, for the consideration of multiple 
     structures as a group and for an analysis of the cost-
     effectiveness and fulfillment of cost-share requirements for 
     proposed hazard mitigation measures.''.
                                 ______
                                 
  SA 3390. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 49, line 5, insert ``, consistent with applicable 
     law'' after ``process''.

       On page 49, line 10, insert before the first period ``, 
     consistent with applicable law''.
                                 ______
                                 
  SA 3391. Mr. COATS (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

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

          SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service


                      COMMODITY ASSISTANCE PROGRAM

       For an additional amount for the emergency food assistance 
     program as authorized by section 27(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
     204(a)(1) of the Emergency Food Assistance Act of 1983 (7 
     U.S.C. 7508(a)(1)), $6,000,000: Provided, That 
     notwithstanding any other provisions of the Emergency Food 
     Assistance Act of 1983 (the ``Act''), the Secretary may 
     allocate additional foods and funds for administrative 
     expenses from resources specifically appropriated, 
     transferred, or reprogrammed to restore to states resources 
     used to assist families and individuals displaced by 
     Hurricane Sandy among the states without regard to sections 
     204 and 214 of the Act: Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                                TITLE II

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

       For an additional amount for ``Operations, Research, and 
     Facilities'', $32,000,000 to remain available until September 
     30, 2014, as follows--
       (1) $6,200,000 to repair and replace ocean observing and 
     coastal monitoring assets damaged by Hurricane Sandy;
       (2) $5,000,000 to repair and improve weather forecasting 
     capabilities and infrastructure;
       (3) $20,800,000 for mapping, charting, damage assessment, 
     and marine debris coordination and re-mediation:

     Provided, That the National Oceanic and Atmospheric 
     Administration shall submit a spending plan to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate within 45 days after the date of enactment of this 
     Act: Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.


               PROCUREMENT, ACQUISITION AND CONSTRUCTION

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $9,000,000, to remain available until 
     September 30, 2015, to repair National Oceanic and 
     Atmospheric Administration (NOAA) facilities damaged by 
     Hurricane Sandy: Provided, That NOAA shall submit a spending 
     plan to the Committees on Appropriations of the House of 
     Representatives and the Senate within 45 days after the date 
     of enactment of this Act: Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                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, $4,000,000, to remain available 
     until September 30, 2015: Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                               TITLE III

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                  Operation and Maintenance, Air Force

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

             Operation and Maintenance, Army National Guard

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

[[Page S8209]]

             Operation and Maintenance, Air National Guard

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

                              PROCUREMENT

                    Procurement of Ammunition, Army

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                                TITLE IV

                      DEPARTMENT OF DEFENSE CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                       OPERATION AND MAINTENANCE

       For an additional amount for ``Operation and Maintenance'', 
     $483,000,000, to remain available until September 30, 2014, 
     to repair U.S. Army Corps of Engineers projects and dredge 
     Federal navigation channels damaged by the impacts 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 Act.


                 FLOOD CONTROL AND COASTAL EMERGENCIES

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', $340,000,000, to remain available until 
     September 30, 2014, to support emergency operations, repairs 
     and other activities in response Hurricane Sandy as 
     authorized by law: Provided, That the amounts in this 
     paragraph are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That the Assistant Secretary of the 
     Army for Civil Works shall provide a monthly report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate detailing the allocation and obligation of 
     these funds, beginning not later than 60 days after enactment 
     of this Act.

                                TITLE V

                          INDEPENDENT AGENCIES

                     Small Business Administration


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $20,000,000, to remain available until September 30, 2014, 
     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 such 
     amounts are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.


                      OFFICE OF INSPECTOR GENERAL

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


                     DISASTER LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Disaster Loans Program 
     Account'' for the cost of direct loans authorized by section 
     7(b) of the Small Business Act, for necessary expenses 
     related to Hurricane Sandy and other disasters, $500,000,000, 
     to remain available until expended: Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That in addition, for administrative 
     expenses to carry out the direct loan program authorized by 
     section 7(b) of the Small Business Act in response to 
     Hurricane Sandy and other disasters, $100,000,000, to remain 
     available until expended, of which $90,000,000 is for direct 
     administrative expenses of loan making and servicing to carry 
     out the direct loan program, which may be transferred to and 
     merged with the appropriations for Salaries and Expenses; and 
     of which $10,000,000 is for indirect administrative expenses 
     for the direct loan program, which may be transferred to and 
     merged with the appropriations for Salaries and Expenses: 
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 501. Section 411(a)(1) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by 
     striking ``$2,000,000'' and inserting ``$5,000,000''.

                                TITLE VI

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' for 
     necessary expenses related to the consequences of Hurricane 
     Sandy, $1,347,000: Provided, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985: Provided further, 
     That a description of all property to be replaced, with 
     associated costs, shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than 90 days after the date of enactment of this 
     Act.

                              Coast Guard


              Acquisition, Construction, and Improvements

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for necessary expenses related to the 
     consequences of Hurricane Sandy, $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 all facilities and property to be reconstructed 
     and restored, with associated costs and time lines, shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives no later than 90 days after 
     the date of enactment of this Act.

                  Federal Emergency Management Agency


                          DISASTER RELIEF FUND

       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: 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.

    Science and Technology Research, Development, Acquisition, and 
                               Operations

       For an additional amount for ``Research, Development, 
     Acquisition, and Operations'' for necessary expenses related 
     to the consequences of Hurricane Sandy, $3,249,000, to remain 
     available until September 30, 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. 601. (a) Subsection (a) of section 1309 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is 
     amended--
       (1) by inserting ``(1)'' after the subsection designation; 
     and (2) by adding at the end the following new paragraph:
       ``(2) Notwithstanding paragraph (1)--
       ``(A) clause (2) of the first sentence of such paragraph 
     shall be applied, through September 30, 2017, by substituting 
     `$25,725,000,000' for `$1,500,000,000'; and
       ``(B) effective upon the submission by the Administrator to 
     the Congress of a plan for specific actions to be taken in 
     connection with the flood insurance program under this title 
     that will provide for the repayment of any amounts borrowed 
     pursuant to this paragraph before the expiration of the 10-
     year period that begins upon the date of the enactment of 
     this paragraph, a schedule for implementation of such 
     actions, a schedule required under subsection (c) for such 
     repayment, and a certification by the Administrator that the 
     Administrator will adhere to such schedules, clause (2) of 
     the first sentence of paragraph (1) shall be applied, through 
     September 30, 2017, by substituting `$30,425,000,000' for 
     11,500,000,000'.''.
       (b) The amount provided by this section is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and as an emergency requirement pursuant 
     to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.

[[Page S8210]]

                               TITLE VII

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service


                              CONSTRUCTION

       For an additional amount for ``Construction'' for necessary 
     expenses incurred to prepare for, respond to, and recover 
     from Hurricane Sandy, $64,000,000, 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 Park Service


                              CONSTRUCTION

       For an additional amount for ``Construction'' for necessary 
     expenses incurred to prepare for, respond to, and recover 
     from Hurricane Sandy, including the full scope of repairs to 
     the Statue of Liberty and Ellis Island, $190,000,000, 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.

             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 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.

                    ENVIRONMENTAL PROTECTION AGENCY

                 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 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.

                               TITLE VIII

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

       For an additional amount for ``Employment and Training 
     Administration Training and Employment Services'', 
     $50,000,000 for the dislocated workers assistance national 
     reserve, which shall be available from the date of enactment 
     of this Act though 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, as amended.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Adminsitration for Children and Families


                      SOCIAL SERVICES BLOCK GRANT

       For an additional amount for ``Social Services Block 
     Grant'', $350,000,000, for necessary expenses resulting from 
     Hurricane Sandy in States for which the President declared a 
     major disaster under title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act, notwithstanding 
     section 2003 and paragraphs (1) and (4) of section 2005(a) of 
     the Social Security Act: Provided, That, notwithstanding 
     section 2002 of the SSA, the distribution of such amount 
     shall be limited to the States of New York and New Jersey: 
     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 the Secretary of Health and Human Services shall 
     distribute such amount to the States of New York and New 
     Jersey based on the number of registrants for Individual 
     Assistance provided by the Federal Emergency Management 
     Agency within the counties that received a Presidential major 
     disaster declaration for the Federal Emergency Management 
     Agency Individual Assistance related to Hurricane Sandy as of 
     the date of enactment of this Act: Provided further, That in 
     addition to other uses permitted by title XX of the SSA, 
     funds appropriated in this paragraph may be used for health 
     services (including mental health services), and costs of 
     renovating, repairing, or rebuilding health care facilities 
     (including mental health facilities), child care facilities, 
     or other social services facilities: Provided further, That 
     funds appropriated in this paragraph are also available for 
     costs incurred up to 3 days prior to Hurricane Sandy's 
     October 29, 2012 landfall subject to Federal review of 
     documentation of the cost of services provided: Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for costs that are reimbursed by 
     the Federal Emergency Management Agency or by insurance: 
     Provided further, That, with respect to the Federal interest 
     in real property acquired or on which construction or major 
     renovation of facilities (as such terms are defined in 45 CFR 
     1309.3) is undertaken with these funds, procedures equivalent 
     to those specified in subpart C of 45 CFR part 1309 shall 
     apply: Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                 CHILDREN AND FAMILY SERVICES PROGRAMS

       For an additional amount for ``Children and Families 
     Services Programs'', $85,000,000, for making payments under 
     the Head Start Act in States for which the President declared 
     a major disaster under title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act as a result of 
     Hurricane Sandy: Provided, That funds appropriated in this 
     paragraph are not subject to the allocation requirements of 
     section 640(a) of the Head Start Act: Provided further, That 
     funds appropriated in this paragraph shall be available 
     through September 30, 2014 for costs of renovating, 
     repairing, or rebuilding those Head Start facilities 
     damaged as a result of Hurricane Sandy: Provided further, 
     That none of the funds appropriated in this paragraph 
     shall be included in the calculation of the ``base grant'' 
     in subsequent fiscal years, as such term is used in 
     section 640(a)(7)(A) of the Head Start Act: Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for costs that are reimbursed 
     by the Federal Emergency Management Agency or by 
     insurance: Provided further, That such 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, 
     as amended.

                        Office of the Secretary


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' for disaster response and recovery 
     expenses related to Hurricane Sandy, $122,000,000, of which 
     $100,000,000 is to remain available through September 30, 
     2014: Provided, That these funds may be transferred by the 
     Secretary to accounts within the Department of Health and 
     Human Services, and shall be available only for the purposes 
     provided in this paragraph: Provided further, That the 
     transfer authority provided in this paragraph is in addition 
     to any other transfer authority available in this or any 
     other Act: Provided further, That obligations incurred for 
     response activities for Hurricane Sandy prior to enactment of 
     this Act may be charged to this apropriation: Provided 
     further, That funds appropriated in this paragraph may be 
     used for renovating, repairing, or rebuilding non-Federal 
     research facilities damaged as a result of Hurricane Sandy: 
     Provided further, That none of the funds appropriated in this 
     paragraph shall be available for costs that are reimbursed by 
     the Federal Emergency Management Agency or by insurance: 
     Provided further, That such 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, as amended.

                            RELATED AGENCIES

                     SOCIAL SECURITY ADMINISTRATION


                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

                                TITLE IX

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard

       For an additional amount for ``Military Construction, Army 
     National Guard'', $20,457,000, to remain available until 
     September 30, 2014, for necessary expenses related to the 
     consequences of Hurricane Sandy: Provided, That such funds 
     may be obligated or expended for planning and design and 
     military construction projects not otherwise authorized by 
     law: Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            MEDICAL SERVICES

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


                           MEDICAL FACILITIES

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

                      Departmental Administration


                     information technology systems

       For an additional amount for ``Information Technology 
     Systems'', $500,000, for necessary

[[Page S8211]]

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


                      CONSTRUCTION, MAJOR PROJECTS

       For an additional amount for ``Construction, Major 
     Projects'', $207,000,000 to remain available until September 
     30, 2017, for renovations and repairs to the Department of 
     Veterans Affairs Medical Center in Manhattan, New York, as a 
     consequence of damage caused by Hurricane Sandy: Provided, 
     That notwithstanding any other provision of law, such funds 
     may be obligated and expended to carry out planning and 
     design and major medical facility construction not otherwise 
     authorized by law: Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE X

                      DEPARTMENT OF TRANSPORTATION

                     Federal 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, $444,300,000, to remain available until expended: 
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Federal Railroad Administration


OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

       For an additional amount for the Secretary to make grants 
     to the National Railroad Passenger Corporation for costs and 
     losses incurred as a result of Hurricane Sandy, $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

       For the Public Transportation Emergency Relief Program as 
     authorized under section 5324 of title 49, United States 
     Code, $3,400,000,000, to remain available until expended, for 
     recovery and relief efforts in the areas most affected by 
     Hurricane Sandy: Provided, That up to three-quarters of 1 
     percent of the funds retained for public transportation 
     emergency relief shall be available for the purposes of 
     administrative expenses and ongoing program management 
     oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) 
     and shall be in addition to any other appropriations for such 
     purposes: Provided further, That, of the funds made available 
     under this heading, $6,000,000 shall be transferred to the 
     Office of Inspector General to support the oversight of 
     activities funded under this heading: Provided further, That 
     such amounts are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

       For an additional amount for the ``Community Development 
     Fund'' for necessary expenses related to disaster relief, 
     long-term recovery, restoration of infrastructure and 
     housing, 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.), $2,000,000,000, to remain available until 
     expended: Provided, That the Secretary shall establish a 
     minimum allocation for each eligible State declared a major 
     disaster due to Hurricane Sandy: Provided further, That funds 
     shall be awarded directly to the State or unit of general 
     local government as a grantee at the discretion of the 
     Secretary: Provided further, That the Secretary shall 
     allocate to grantees not less than 33 percent of the funds 
     provided under this heading within 60 days after the 
     enactment of this Act based on the best available data: 
     Provided farther, That prior to the obligation of funds, a 
     grantee shall submit a plan to the Secretary for approval 
     detailing the proposed use of all funds, including 
     criteria for eligibility and how the use of these funds 
     will address long-term recovery and restoration of 
     infrastructure and housing and economic revitalization in 
     the most impacted and distressed areas: Provided further, 
     That the Secretary shall by notice specify the criteria 
     for approval of such plans within 45 days of enactment of 
     this Act: Provided further, That such funds may not be 
     used for activities reimbursable by, or for which funds 
     are made available by, the Federal Emergency Management 
     Agency or the Army Corps of Engineers: Provided further, 
     That the final paragraph under the heading Community 
     Development Block Grants in title II of Public Law 105-276 
     (42 U.S.C. 5305 note) shall not apply to funds provided 
     under this heading: Provided further, That funds allocated 
     under this heading shall not be considered relevant to the 
     non-disaster formula allocations made pursuant to 42 
     U.S.C. 5306: Provided further, That a grantee may use up 
     to 5 percent of its allocation for administrative costs:. 
     Provided further, That the Secretary shall require that 
     grantees have established procedures to ensure timely 
     expenditure of funds and prevent any duplication of 
     benefits as defined by 42 U.S.C. 5155 and prevent fraud 
     and abuse of funds: Provided further, That the Secretary 
     shall provide grantees with technical assistance on 
     contracting and procurement processes and shall require 
     grantees, in contracting or procuring for management and 
     administration of these funds, to incorporate performance 
     requirements and penalties into any such contracts or 
     agreements and to maintain information with respect to 
     performance on the use of any funds for management and 
     administrative purposes: Provided further, That in 
     administering the funds under this heading, the Secretary 
     may waive, or specify alternative requirements for, any 
     provision of any statute or regulation that the Secretary 
     administers in connection with the obligation by the 
     Secretary or the use by the recipient of these funds 
     (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     pursuant to a determination by the Secretary that good 
     cause exists for the waiver or alternative requirement and 
     that such action is not inconsistent with the overall 
     purposes of title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided 
     further, That notwithstanding the previous proviso, 
     recipients of funds provided under this heading that use 
     such funds to match or supplement Federal assistance 
     provided under sections 402, 403, 406, 407, or 502 of the 
     Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without 
     review or public comment, any environmental review, 
     approval, or permit performed by a Federal agency, and 
     such adoption shall satisfy the responsibilities of the 
     recipient with respect to such environmental review, 
     approval, or permit: Provided further, That, 
     notwithstanding 42 U.S.C. 5304(g)(2), the Secretary may, 
     upon receipt of a request for release of funds and 
     certification, immediately approve the release of funds 
     for an activity or project assisted under this heading if 
     the recipient has adopted an environmental review prepared 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) or the project is categorically 
     excluded from further review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): 
     Provided further, That a waiver granted by the Secretary 
     may not reduce the percentage of funds which must be used 
     for activities that benefit persons of low and moderate 
     income to less than 50 percent, unless the Secretary 
     specifically finds that there is a compelling need to 
     further reduce or eliminate the percentage requirement: 
     Provided further, That the Secretary shall publish in the 
     Federal Register any waiver of any statute or regulation 
     that the Secretary administers pursuant to title I of the 
     Housing and Community Development Act of 1974 no later 
     than 5 days before the effective date of such waiver: 
     Provided further, That funds provided under this heading 
     to for-profit enterprises may only assist such enterprises 
     that meet the definition of small business as defined by 
     the Small Business Administration under 13 OFR part 121: 
     Provided further, That notwithstanding the previous 
     proviso, funds may be provided to a for-profit enterprise, 
     that does not meet such definition of small business, but 
     which provides a public benefit, is publicly regulated, 
     and is otherwise eligible for assistance under 42 U.S.C. 
     5301 et seq., and the implementing regulations at 24 CFR 
     Part 570.201(1): Provided further, That of the funds made 
     available under this heading, up to $10,000,000 may be 
     transferred to ``Program Office Salaries and Expenses, 
     Community Planning and Development'' for technical 
     assistance and administrative costs (including information 
     technology costs), related solely to administering funds 
     available, under this heading or funds made available 
     under prior appropriations to the ``Community Development 
     Fund'' for disaster relief, long-term recovery, or 
     emergency expenses: Provided further, That, of the funds 
     made available under this heading, $10,000,000 shall be 
     transferred to ``Office of Inspector General'': Provided 
     further, That the amounts provided under this heading are 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1001. For fiscal year 2013, upon request by a public 
     housing agency and supported by documentation as required by 
     the Secretary of Housing and Urban Development that 
     demonstrates that the need for the adjustment is due to the 
     disaster, the Secretary may make temporary adjustments to the 
     Section 8 housing choice voucher annual renewal funding 
     allocations and administrative fee eligibility determinations 
     for public housing agencies in an area for which the 
     President declared a disaster under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170 et seq.), to avoid significant adverse funding 
     impacts that would otherwise result from the disaster.
       Sec. 1002. The Departments of Transportation and Housing 
     and Urban Development

[[Page S8212]]

     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate within 45 days after the 
     date of the enactment of this Act a plan for implementing the 
     provisions in this chapter, and updates to such plan on a 
     biannual basis thereafter.
       Sec. 1003. 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 House and Senate 
     Committees on Appropriations not less than 3 full business 
     days before any project, State or locality is selected to 
     receive a grant award totaling $1,000,000 or more is 
     announced by either Department or a modal administration.

                                TITLE XI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 1101. Each amount appropriated or made available in 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 1102. Each amount designated in this Act by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 shall be available only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 1103. (a) Not later than March 31, 2013, in accordance 
     with criteria to be established by the Office of Management 
     and Budget (OMB), Federal agencies shall submit to OMB and to 
     the Committee on Appropriations of the House of 
     Representatives and of the Senate internal control plans for 
     funds provided by this Act.
       (b) All programs and activities receiving funds under this 
     Act shall be deemed to be ``susceptible to significant 
     improper payments'' for purposes of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note) (IPIA), 
     notwithstanding section 2(a) of IPIA.
       (c) In accordance with guidance to be issued by the 
     Director of OMB, agencies shall identify those grants for 
     which the funds provided by this Act should be expended by 
     the grantees within the 24-month period following the 
     agency's obligation of funds for the grant. In the case of 
     such grants, the agency shall include a term in the grant 
     that:
       (1) requires the grantee to return to the agency any funds 
     not expended within the 24-month period; and
       (2) provides that the head of the agency may, after 
     consultation with the Director of OMB, subsequently issue a 
     waiver of this requirement based on a determination by the 
     head of the agency that exceptional circumstances exist that 
     justify an extension of the period in which the funds must be 
     expended.
       Sec. 1104. (a) In carrying out activities funded by this 
     Act, Federal agencies, in partnership with States, local 
     communities and tribes, shall inform plans for response, 
     recovery, and rebuilding to reduce vulnerabilities from and 
     build long-term resiliency to future extreme weather events, 
     sea level rise, and coastal flooding. In carrying out 
     activities funded by this Act that involve repairing, 
     rebuilding, or restoring infrastructure and restoring land, 
     project sponsors shall consider, where appropriate, the 
     increased risks and vulnerabilities associated with future 
     extreme weather events, sea level rise and coastal flooding.
       (b) Funds made available in this Act shall be available to 
     develop, in partnership with State, local and tribal 
     officials, regional projections and assessments of future 
     risks and vulnerabilities to extreme weather events, sea 
     level rise and coastal flooding that may be used for the 
     planning referred to in subsection (a), and to encourage 
     coordination and facilitate long-term community resiliency.
       Sec. 1105. Recipients of Federal funds dedicated to 
     reconstruction efforts under this Act shall, to the greatest 
     extent practicable, ensure that such reconstruction efforts 
     maximize the utilization of technologies designed to mitigate 
     future power outages, continue delivery of vital services and 
     maintain the flow of power to facilities critical to public 
     health, safety and welfare. The Secretary of Housing and 
     Urban Development as chair of the Hurricane Sandy Rebuilding 
     Task Force shall issue appropriate guidelines to implement 
     this requirement.
       This Act may be cited as the ``Disaster Relief 
     Appropriations Act, 2013''.
                                 ______
                                 
  SA 3392. Mr. CARDIN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 70, lines 8 and 9, strike ``$810,000,000, to remain 
     available until expended,'' and insert ``$820,000,000, to 
     remain available until expended, of which $10,000,000 shall 
     be made available to the Administrator of the Environmental 
     Protection Agency to provide State grants for wetland 
     restoration in areas affected by Hurricane Sandy, with the 
     grants funds to be used to support flood mitigation and 
     adaptation to changing hydrological conditions,''.
                                 ______
                                 
  SA 3393. Mr. CARDIN (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 501.
                                 ______
                                 
  SA 3394. Mr. BAUCUS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec. ___.  (a) As used in this section--
       (1) the term ``applicant'' means an entity that is eligible 
     to apply for assistance under a State public assistance grant 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) or the rules issued 
     under that Act, as a result of the major disaster declaration 
     of June 17, 2011 (44032 Federal Register (July 22, 2011)); 
     and
       (2) the terms ``FEMA'' and ``Administrator'' mean the 
     Federal Emergency Management Agency and the Administrator 
     thereof, respectively.
       
       (b) FEMA shall obligate such Federal funds as are 
     necessary, not later than 30 days after the date of 
     submission of one or more Project Worksheets by an applicant, 
     for engineering services related to the repair, restoration, 
     reconstruction, or replacement of a public facility damaged 
     or destroyed by a major disaster and for associated expenses 
     incurred by the applicant on or after April 3, 2011.
       (c) FEMA shall make final payment of the Federal share of 
     projects submitted on Project Worksheets by applicants, other 
     than the Worksheets identified in subsection (b), as soon as 
     practicable after the date of enactment of this Act.
       (d) Nothing in this section circumvents requirements to 
     determine eligibility for funding under Part 206 of title 44, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3395. Mr. REID proposed an amendment to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; as follows:

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

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

          SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                         AGRICULTURAL PROGRAMS

                          Farm Service Agency

                     emergency conservation program

       For necessary expenses for the ``Emergency Conservation 
     Program'', $25,090,000, to remain available until expended, 
     of which $15,000,000 is for expenses resulting from a major 
     disaster declared pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et. 
     seq.):  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  emergency forest restoration program

       For necessary expenses for the ``Emergency Forest 
     Restoration Program'', $58,855,000, to remain available until 
     expended, of which $49,010,000 is for expenses resulting from 
     a major disaster declared pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et. seq.):  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         CONSERVATION PROGRAMS

                 Natural Resources Conservation Service

                 emergency watershed protection program

       For necessary expenses for the ``Emergency Watershed 
     Protection Program'', $125,055,000, to remain available until 
     expended, of which $77,085,000 is for expenses resulting from 
     a major disaster declared pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et. seq.):  Provided, That unobligated balances for the 
     ``Emergency Watershed Protection Program'' provided in Public 
     Law 108-199, Public Law 109-234, and Public Law 110-28 shall 
     be available for the purposes of such program for disasters, 
     and shall remain available until expended:  Provided further, 
     That such amounts are designated by the

[[Page S8213]]

     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

                      commodity assistance program

       For an additional amount for the emergency food assistance 
     program as authorized by section 27(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
     204(a)(1) of the Emergency Food Assistance Act of 1983 (7 
     U.S.C. 7508(a)(1)), $15,000,000, to remain available through 
     September 30, 2014:  Provided, That notwithstanding any other 
     provisions of the Emergency Food Assistance Act of 1983 (the 
     ``Act''), the Secretary may allocate additional foods and 
     funds for administrative expenses from resources specifically 
     appropriated, transferred, or reprogrammed to restore to 
     states resources used to assist families and individuals 
     displaced by Hurricane Sandy among the states without regard 
     to sections 204 and 214 of the Act:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                                TITLE II

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $373,000,000 to remain available until 
     September 30, 2014, as follows--
       (1) $6,200,000 to repair and replace ocean observing and 
     coastal monitoring assets damaged by Hurricane Sandy;
       (2) $10,000,000 to repair and improve weather forecasting 
     capabilities and infrastructure;
       (3) $150,000,000 to evaluate, stabilize and restore coastal 
     ecosystems affected by Hurricane Sandy;
       (4) $56,800,000 for mapping, charting, damage assessment, 
     and marine debris coordination and remediation; and
       (5) $150,000,000, for necessary expenses related to fishery 
     disasters as declared by the Secretary of Commerce in 
     calendar year 2012:
       Provided, That the National Oceanic and Atmospheric 
     Administration shall submit a spending plan to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate within 45 days after the date of enactment of this 
     Act:  Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $109,000,000, to remain available until 
     September 30, 2015, as follows--
       (1) $47,000,000 for the Coastal and Estuarine Land 
     Conservation Program to support State and local restoration 
     in areas affected by Hurricane Sandy;
       (2) $9,000,000 to repair National Oceanic and Atmospheric 
     Administration (NOAA) facilities damaged by Hurricane Sandy;
       (3) $44,500,000 for repairs and upgrades to NOAA hurricane 
     reconnaissance aircraft; and
       (4) $8,500,000 for improvements to weather forecasting 
     equipment and supercomputer infrastructure:

       Provided, That NOAA shall submit a spending plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate within 45 days after the date of enactment of 
     this Act:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                         DEPARTMENT OF JUSTICE

                         General Administration

                      office of inspector general

       For an additional amount for ``General Administration, 
     Office of Inspector General'' for necessary expenses related 
     to the consequences of Hurricane Sandy, $20,000, to remain 
     available until September 30, 2013:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    Federal Bureau of Investigation

                         salaries and expenses

       For an additional amount for ``Federal Bureau of 
     Investigation, Salaries and Expenses'' for necessary expenses 
     related to the consequences of Hurricane Sandy, $4,000,000, 
     to remain available until September 30, 2013:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    Drug Enforcement Administration

                         salaries and expenses

       For an additional amount for ``Drug Enforcement 
     Administration, Salaries and Expenses'' for necessary 
     expenses related to the consequences of Hurricane Sandy, 
     $1,000,000, to remain available until September 30, 2013:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For an additional amount for ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, Salaries and Expenses'' for 
     necessary expenses related to the consequences of Hurricane 
     Sandy, $230,000, to remain available until September 30, 
     2013:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         Federal Prison System

                        buildings and facilities

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

                                SCIENCE

             National Aeronautics and Space Administration

       construction and environmental compliance and restoration

       For an additional amount for ``Construction and 
     Environmental Compliance and Restoration'' for repair at 
     National Aeronautics and Space Administration facilities 
     damaged by Hurricane Sandy, $15,000,000, to remain available 
     until September 30, 2018:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

                       Legal Services Corporation

               payment to the legal services corporation

       For an additional amount for ``Legal Services Corporation, 
     Payment to the Legal Services Corporation'' to carry out the 
     purposes of the Legal Services Corporation Act by providing 
     for necessary expenses related to the consequences of 
     Hurricane Sandy, $1,000,000, to remain available until 
     September 30, 2013:  Provided, That the amount made available 
     under this heading shall be used only to provide the mobile 
     resources, technology, and disaster coordinators necessary to 
     provide storm-related services to the Legal Services 
     Corporation client population and only in the areas 
     significantly affected by Hurricane Sandy:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That none of the funds appropriated 
     in this Act to the Legal Services Corporation shall be 
     expended for any purpose prohibited or limited by, or 
     contrary to any of the provisions of, sections 501, 502, 503, 
     504, 505, and 506 of Public Law 105-119, and all funds 
     appropriated in this Act to the Legal Services Corporation 
     shall be subject to the same terms and conditions set forth 
     in such sections, except that all references in sections 502 
     and 503 to 1997 and 1998 shall be deemed to refer instead to 
     2012 and 2013, respectively, and except that sections 501 and 
     503 of Public Law 104-134 (referenced by Public Law 105-119) 
     shall not apply to the amount made available under this 
     heading.

                               TITLE III

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                  Operation and Maintenance, Air Force

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

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'',

[[Page S8214]]

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

             Operation and Maintenance, Air National Guard

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

                              PROCUREMENT

                    Procurement of Ammunition, Army

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                                TITLE IV

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

       For an additional amount for ``Investigations'' to expedite 
     studies of flood and storm damage reduction related natural 
     disasters, $50,000,000 at full Federal expense, to remain 
     available until expended:  Provided, That using $34,500,000 
     of the funds provided herein, the Secretary shall expedite 
     and complete ongoing flood and storm damage reduction studies 
     in areas that were impacted by Hurricanes Sandy and Isaac in 
     the North Atlantic and Mississippi Valley Divisions of the 
     U.S. Army Corps of Engineers: Provided further, That using up 
     to $15,000,000 of the funds provided herein, the Secretary 
     shall support an interagency planning process in conjunction 
     with State, local and Tribal officials to develop plans to 
     address the flood risks of vulnerable coastal populations, 
     including innovative approaches to promote the long-term 
     sustainability of the coastal ecosystems and communities to 
     reduce the economic costs and risks associated with large-
     scale flood and storm events:  Provided further, That using 
     $500,000 of the funds provided herein, the Secretary shall 
     conduct an evaluation of the performance of existing projects 
     constructed by the U.S. Army Corps of Engineers and impacted 
     by Hurricane Sandy for the purposes of determining their 
     effectiveness and making recommendations for improvements 
     thereto:  Provided further, That as a part of the study, the 
     Secretary shall identify institutional and other barriers to 
     providing comprehensive protection to affected coastal areas 
     and shall provide this report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 120 days of enactment of this Act:  Provided further, 
     That the amounts in this paragraph are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985:  Provided further, That the 
     Assistant Secretary of the Army for Civil Works shall provide 
     a monthly report to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act.

                              construction

                     (including transfer of funds)

       For an additional amount for ``Construction'' to 
     rehabilitate, repair and construct U.S. Army Corps of 
     Engineers projects related to the consequences of natural 
     disasters, $3,461,000,000, to remain available until 
     expended:  Provided, That $2,902,000,000 of the funds 
     provided under this heading shall be used to reduce future 
     flood risk in ways that will support the long-term 
     sustainability of the coastal ecosystem and communities and 
     reduce the economic costs and risks associated with large-
     scale flood and storm events that occurred in 2012 along the 
     Gulf Coast and Atlantic Coast within the boundaries of the 
     North Atlantic and Mississippi Valley Divisions of the Corps 
     that were affected by Hurricanes Sandy and Isaac:  Provided 
     further, That efforts using these funds shall incorporate 
     current science and engineering standards in constructing 
     previously authorized Corps projects designed to reduce flood 
     and storm damage risks and modifying existing Corps projects 
     that do not meet these standards, with such modifications as 
     the Secretary determines are necessary to incorporate these 
     standards or to meet the goal of providing sustainable 
     reduction to flooding and storm damage risks:  Provided 
     further, That any project that is under study by the Corps 
     for reducing flooding and storm damage risks and that the 
     Corps studies demonstrate will cost-effectively reduce those 
     risks is hereby authorized:  Provided further, That local 
     interests shall provide all lands, easements, rights-of-way, 
     relocations and disposal areas (LERRDs) necessary for 
     projects using these funds at no cost to the Government:  
     Provided further, That cost sharing for implementation of any 
     projects using these funds shall be 90 percent Federal and 10 
     percent non-Federal exclusive of LERRDs:  Provided further, 
     That the non-Federal cash contribution for projects using 
     these funds shall be financed in accordance with the 
     provisions of section 103(k) of Public Law 99-662 over a 
     period of 30 years from the date of completion of the project 
     or separable element:  Provided further, That for these 
     projects, the provisions of section 902 of the Water 
     Resources Development Act of 1986 shall not apply to these 
     funds:  Provided further, That the Secretary may transfer up 
     to $499,000,000 of the funds provided under this heading to 
     other U.S. Army Corps of Engineers Accounts to address 
     damages from previous natural disasters following normal 
     policies and cost sharing:  Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate shall be notified at least 15 days in advance 
     of any such transfer:  Provided further, That up to 
     $51,000,000 of the funds provided under this heading shall be 
     used to expedite continuing authorities projects along the 
     coastal areas in States impacted by Hurricane Sandy within 
     the boundaries of the North Atlantic Division:  Provided 
     further, That $9,000,000 of the funds provided under this 
     heading shall be used for repairs to projects that were under 
     construction and damaged by the impacts of Hurricane Sandy:  
     Provided further, That any projects using funds appropriated 
     under this heading shall be initiated only after non-Federal 
     interests have entered into binding agreements with the 
     Secretary requiring the non-Federal interests to pay 100 
     percent of the operation, maintenance, repair, replacement, 
     and rehabilitation costs of the project and to hold and save 
     the United States free from damages due to the construction 
     or operation and maintenance of the project, except for 
     damages due to the fault or negligence of the United States 
     or its contractors:  Provided further, That the amounts in 
     this paragraph are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That the Assistant Secretary of the 
     Army for Civil Works shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a monthly report detailing the allocation and obligation of 
     these funds, beginning not later than 60 days after the date 
     of the enactment of this Act.

                       operation and maintenance

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

                 flood control and coastal emergencies

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

                                expenses

       For an additional amount for ``Expenses'' for increased 
     efforts to oversee emergency response and recovery activities 
     related to natural disasters, $10,000,000, to remain 
     available until expended:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant section 251(b)(2)(A)(i) of the Balanced 
     Budget and Emergency Deficit Control Act

[[Page S8215]]

     of 1985:  Provided further, That the Assistant Secretary of 
     the Army for Civil Works shall provide a monthly report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act.

                                TITLE V

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal buildings fund

       For an additional amount to be deposited in the ``Federal 
     Buildings Fund'', $7,000,000, to remain available until 
     expended, notwithstanding 40 U.S.C. 3307, for necessary 
     expenses related to the consequences of Hurricane Sandy, 
     including repair and alteration of buildings under the 
     custody and control of the Administrator of General Services, 
     and real property management and related activities not 
     otherwise provided for:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Small Business Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $40,000,000, to remain available until September 30, 2014, of 
     which $20,000,000 is for grants to or cooperative agreements 
     with organizations to provide technical assistance related to 
     disaster recovery, response, and long-term resiliency to 
     small businesses that are recovering from Hurricane Sandy; 
     and of which $20,000,000 is for grants or cooperative 
     agreements for public-private partnerships to provide long-
     term economic development assistance to industries and/or 
     regions affected by Hurricane Sandy through economic 
     development initiatives, including innovation clusters, 
     industry accelerators, supply-chain support, 
     commercialization, and workforce development:  Provided, That 
     the Small Business Administration (SBA) shall expedite the 
     delivery of assistance in disaster-affected areas by awarding 
     grants or cooperative agreements for technical assistance 
     only to current recipients of SBA grants or cooperative 
     agreements using a streamlined application process that 
     relies, to the maximum extent practicable, upon previously 
     submitted documentation:  Provided further, That the 
     Administrator of the Small Business Administration shall 
     waive the matching requirements under section 21(a)(4)(A) and 
     29(c) of the Small Business Act for any grant made using 
     funds made available under this heading:  Provided further, 
     That in designing appropriate economic development 
     initiatives and identifying those regions and industries most 
     affected by Hurricane Sandy, the SBA shall work with other 
     Federal agencies, State and local economic development 
     entities, institutions of higher learning, and private sector 
     partners:  Provided further, That grants or cooperative 
     agreements for public-private partnerships may be awarded to 
     public or private nonprofit organizations, or any combination 
     thereof:  Provided further, That no later than 30 days after 
     the date of enactment of this Act, or no less than 7 days 
     prior to obligation of funds, whichever occurs earlier, the 
     SBA shall submit to the Committees on Appropriations of the 
     House of Representatives and the Senate a detailed 
     expenditure plan for funds provided under this heading:  
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                      office of inspector general

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

                     disaster loans program account

                     (including transfer of funds)

       For an additional amount for ``Disaster Loans Program 
     Account'' for the cost of direct loans authorized by section 
     7(b) of the Small Business Act, for necessary expenses 
     related to Hurricane Sandy and other disasters, $500,000,000, 
     to remain available until expended:  Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974:  Provided further, That in addition, for administrative 
     expenses to carry out the direct loan program authorized by 
     section 7(b) of the Small Business Act in response to 
     Hurricane Sandy and other disasters, $260,000,000, to remain 
     available until expended, of which $250,000,000 is for direct 
     administrative expenses of loan making and servicing to carry 
     out the direct loan program, which may be transferred to and 
     merged with the appropriations for Salaries and Expenses; and 
     of which $10,000,000 is for indirect administrative expenses 
     for the direct loan program, which may be transferred to and 
     merged with the appropriations for Salaries and Expenses:  
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

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

                                TITLE VI

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

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

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

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

                              Coast Guard

              acquisition, construction, and improvements

                     (including transfer of funds)

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for necessary expenses related to the 
     consequences of Hurricane Sandy, $274,233,000, to remain 
     available until September 30, 2017:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That notwithstanding the transfer 
     limitation contained in section 503 of division D of Public 
     Law 112-74, such funding may be transferred to other Coast 
     Guard appropriations after notification as required in 
     accordance with such section:  Provided further, That a 
     description all facilities and property to be reconstructed 
     and restored, with associated costs and time lines, shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives no later than 90 days after 
     the date of enactment of this Act.

                      United States Secret Service

                         salaries and expenses

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

                  Federal Emergency Management Agency

                          disaster relief fund

                     (including transfer of funds)

       For an additional amount for the ``Disaster Relief Fund'' 
     in carrying out the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     $11,487,735,000, to remain available until expended:  
     Provided, That of the total amount provided, $5,379,000,000 
     shall be for major disasters declared pursuant to the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.):  Provided further, That the amount in 
     the previous proviso is designated by the Congress as being 
     for disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985:  
     Provided further, That of the total amount provided, 
     $6,108,735,000 is designated by the Congress as being for an 
     emergency requirement

[[Page S8216]]

     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 which shall be for 
     major disasters declared pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.):  Provided further, That of the total amount 
     provided, $3,000,000 shall be transferred to the Department 
     of Homeland Security ``Office of Inspector General'' for 
     audits and investigations related to disasters.

            Disaster Assistance Direct Loan Program Account

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

                         Science and Technology

           research, development, acquisition, and operations

       For an additional amount for ``Research, Development, 
     Acquisition, and Operations'' for necessary expenses related 
     to the consequences of Hurricane Sandy, $3,249,000, to remain 
     available until September 30, 2017:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                   Domestic Nuclear Detection Office

                          systems acquisition

       For an additional amount for ``Systems Acquisition'' for 
     necessary expenses related to the consequences of Hurricane 
     Sandy for replacing or repairing U.S. Customs and Border 
     Protection equipment, $3,869,000, to remain available until 
     September 30, 2015:  Provided, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 601. (a) Section 1309(a) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by 
     striking ``$20,725,000,000'' and inserting 
     ``$30,425,000,000''.
       (b) The amount provided by this section is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and as an emergency requirement pursuant 
     to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall be considered to have taken effect on December 12, 
     2012.
       Sec. 602.  The Administrator of the Federal Emergency 
     Management Agency, in cooperation with representatives of 
     State, tribal, and local governments may give greater weight 
     to the factors considered under section 206.48(b)(3) of title 
     44, Code of Federal Regulations, to accurately measure the 
     acute needs of a population following a disaster in order to 
     expedite a declaration of Individual Assistance under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
       Sec. 603.  For determinations regarding compliance with 
     codes and standards under the Federal Emergency Management 
     Agency Public Assistance program (42 U.S.C. 5172), the 
     Administrator of the Federal Emergency Management Agency, for 
     major disasters declared on or after August 27, 2011, shall 
     consider eligible the costs required to comply with a State's 
     Stream Alteration General Permit process, including any 
     design standards required to be met as a condition of permit 
     issuance.
       Sec. 604.  Notwithstanding any other provision of law, the 
     Administrator of the Federal Emergency Management may 
     recommend to the President an increase in the Federal cost 
     share of the eligible cost of permanent work under section 
     406 and of emergency work under section 403 and section 407 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172) for damages resulting from 
     Hurricane Sandy without delay.
       Sec. 605. In administering the funds made available to 
     address any major disaster declared during the period 
     beginning on August 27, 2011 and ending on December 5, 2012, 
     the Administrator of the Federal Emergency Management Agency 
     shall establish a pilot program for the relocation of State 
     facilities under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172), under which the Administrator may waive, or specify 
     alternative requirements for, any regulation the 
     Administrator administers to provide assistance, consistent 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.), for the permanent relocation of State 
     facilities, including administrative office buildings, 
     medical facilities, laboratories, and related operating 
     infrastructure (including heat, sewage, mechanical, 
     electrical, and plumbing), that were significantly damaged as 
     a result of the major disaster, are subject to flood risk, 
     and are otherwise eligible for repair, restoration, 
     reconstruction, or replacement under section 406 of that Act, 
     if the Administrator determines that such relocation is 
     practicable, and will be cost effective or more appropriate 
     than repairing, restoring, reconstructing, or replacing the 
     facility in its pre-disaster location, and if such relocation 
     will effectively mitigate the flood risk to the facility.


                                 levees

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

[[Page S8217]]

     disaster-related capital expenses for which the community has 
     not been reimbursed by Federal or insurance proceeds, debt 
     service expenses, and accrued but unpaid uncompensated 
     absences (vacation and sick pay). In calculating the 
     operating deficit of the local government, the Administrator 
     shall also consider all interfund transfers. When considering 
     the period following the disaster, the Administrator may 
     consider a period of 3, 5, or 7 full fiscal years after the 
     disaster, beginning on the date of the declaration, in 
     determining eligibility for cancellation. The criteria for 
     cancellation do not apply to those loans already cancelled in 
     full. Applicants shall submit supplemental documentation in 
     support of their applications for cancellation on or before 
     April 30, 2014, and the Administrator shall issue 
     determinations and resolve any appeals on or before April 30, 
     2015. Loans not cancelled in full shall be repaid not later 
     than September 30, 2035. The Administrator may use funds 
     provided under Public Law 109-88 to reimburse those 
     communities that have repaid all or a portion of loans, 
     including interest, provided as Special Community Disaster 
     Loans under Public Law 109-88 or Public Law 109-234, as 
     amended by section 4502 of Public Law 110-28. Further, the 
     Administrator may use funds provided under Public Law 109-88 
     for necessary expenses to carry out this provision:  
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 608.  The Inspector General shall review the 
     applications for public assistance provided through the 
     Disaster Relief Fund with a project cost that exceeds 
     $10,000,000 and the resulting decisions issued by the Federal 
     Emergency Management Agency for category A debris removal for 
     DR-1786 upon receipt of a request from an applicant made no 
     earlier than 90 days after filing an appeal with the Federal 
     Emergency Management Agency without regard to whether the 
     Administrator of the Federal Emergency Management Agency has 
     issued a final agency determination on the application for 
     assistance:  Provided, That not later than 180 days after the 
     date of such request, the Inspector General shall determine 
     whether the Federal Emergency Management Agency correctly 
     applied its rules and regulations to determine eligibility of 
     the applicant's claim:  Provided further, That if the 
     Inspector General finds that the Federal Emergency Management 
     Agency determinations related to eligibility and cost 
     involved a misapplication of its rules and regulations, the 
     applicant may submit the dispute to the arbitration process 
     established under the authority granted under section 601 of 
     Public Law 111-5 not later than 15 days after the date of 
     issuance of the Inspector General's finding in the previous 
     proviso:  Provided further, That if the Inspector General 
     finds that the Federal Emergency Management Agency provided 
     unauthorized funding, that the Federal Emergency Management 
     Agency shall take corrective action.

                           disaster recovery

       Sec. 609. (a) Short Title.--This section may be cited as 
     the ``Disaster Recovery Act of 2012''.
       (b) Hazard Mitigation.--
       (1) In general.--Section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) is amended by adding at the end the following:
       (d) Expedited Procedures.--
       ``(1) In general.--For the purpose of providing assistance 
     under this section, the President shall ensure that--
       ``(A) adequate resources are devoted to ensuring that 
     applicable environmental reviews under the National 
     Environmental Policy Act and historic preservation reviews 
     under the National Historic Preservation Act are completed on 
     an expeditious basis; and
       ``(B) the shortest existing applicable process under the 
     National Environmental Policy Act and the National Historic 
     Preservation Act shall be utilized.
       ``(2) Authority for other expedited procedures.--The 
     President may utilize expedited procedures in addition to 
     those required under paragraph (1) for the purpose of 
     providing assistance under this section, such as those under 
     the Prototype Programmatic Agreement of the Federal Emergency 
     Management Agency, for the consideration of multiple 
     structures as a group and for an analysis of the cost-
     effectiveness and fulfillment of cost-share requirements for 
     proposed hazard mitigation measures.
       ``(e) Advance Assistance.--The President may provide not 
     more than 25 percent of the amount of the estimated cost of 
     hazard mitigation measures to a State grantee eligible for a 
     grant under this section before eligible costs are 
     incurred.''.
       (2) Establishment of criteria relating to administration of 
     hazard mitigation assistance by states.--Section 404(c)(2) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170c(c)(2)) is amended by 
     inserting ``Until such time as the Administrator promulgates 
     regulations to implement this paragraph, the Administrator 
     may waive notice and comment rulemaking if the Administrator 
     determines doing so is necessary to expeditiously implement 
     this section and may carry out the alternative procedures 
     under this section as a pilot program'' after ``applications 
     submitted under paragraph (1).''.
       (3) Applicability.--The authority under the amendments made 
     by this subsection shall apply for--
       (A) any major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) on or after the date of 
     enactment of this Act; and
       (B) a major disaster or emergency declared before the date 
     of enactment of this Act for which the period for processing 
     requests for assistance has not ended on the date of 
     enactment of this Act.
       (c) Public Assistance Program Alternative Procedures.--
     Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 
     amended--
       (1) by redesignating section 425 (42 U.S.C. 5189e) relating 
     to essential service providers, as added by section 607 of 
     the SAFE Port Act (Public Law 109-347; 120 Stat. 1941) as 
     section 427; and
       (2) by adding at the end the following:

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

       ``(a) In General.--The Administrator of the Federal 
     Emergency Management Agency may approve projects under the 
     alternative procedures adopted under this section for--
       ``(1) any major disaster or emergency declared on or after 
     the date of enactment of this section; and
       ``(2) any project relating to a major disaster or emergency 
     declared before the date of enactment of this section for 
     which construction has not begun on the date of enactment of 
     this section.
       ``(b) Adoption.--The Administrator, in coordination with 
     States, tribal, and local governments, and owners or 
     operators of private nonprofit facilities, may adopt 
     alternative procedures to administer assistance provided 
     under sections 403(a)(3)(A), 406, 407, and 502(a)(5).
       ``(c) Goals.--Any procedures adopted under subsection (b) 
     shall further the goals of--
       ``(1) reducing the costs to the Federal Government of 
     providing such assistance;
       ``(2) increasing flexibility in the administration of such 
     assistance;
       ``(3) expediting the provision of such assistance to 
     States, tribal, and local governments and to owners or 
     operators of private nonprofit facilities; and
       ``(4) providing financial incentives and disincentives for 
     the State, tribal, or local government, or owner or operator 
     of a private nonprofit facility for the timely and cost-
     effective completion of projects with such assistance.
       ``(d) Voluntary Participation.--Participation in 
     alternative procedures adopted under this section shall be at 
     the election of a State, tribal, or local government, or 
     owner or operator of a private nonprofit facility consistent 
     with procedures determined by the Administrator.
       ``(e) Requirements for Procedures.--The alternative 
     procedures adopted under subsection (b) shall include--
       ``(1) for repair, restoration, and replacement of damaged 
     facilities under section 406--
       ``(A) making grants on the basis of fixed estimates, if the 
     State, tribal, or local government, or owner or operator of 
     the private nonprofit facility agrees to be responsible for 
     any actual costs that exceed the estimate;
       ``(B) providing an option for a State, tribal, or local 
     government, or owner or operator of a private nonprofit 
     facility to elect to receive an in-lieu contribution, without 
     reduction, on the basis of estimates of--
       ``(i) the cost of repair, restoration, reconstruction, or 
     replacement of a public facility owned or controlled by the 
     State, tribal, or local government or the owner or operator 
     of a private nonprofit facility; and
       ``(ii) management expenses;
       ``(C) consolidating, to the extent determined appropriate 
     by the Administrator, the facilities of a State, tribal, or 
     local government, or owner or operator of a private nonprofit 
     facility as a single project based upon the estimates adopted 
     under the procedures;
       ``(D) if the actual costs of a project completed under the 
     procedures are less than the estimated costs thereof, the 
     Administrator may permit a grantee or subgrantee to use all 
     or part of the excess funds for purposes of--
       ``(i) cost-effective activities that reduce the risk of 
     future damage, hardship, or suffering from a major disaster; 
     and
       ``(ii) other activities to improve future Public Assistance 
     operations or planning;
       ``(E) in determining eligible cost under section 406, the 
     Administrator shall make available, at an applicant's request 
     and where the Federal Emergency Management Agency or the 
     certified cost estimate prepared by the applicant's 
     professionally licensed engineers has estimated an eligible 
     Federal share for a project of not less than $5,000,000, an 
     independent expert panel to validate the estimated eligible 
     cost consistent with applicable regulations and policies 
     implementing this section;
       ``(F) in determining eligible cost under section 406, the 
     Administrator shall, at the applicant's request, consider 
     properly conducted and certified cost estimates prepared by 
     professionally licensed engineers (mutually agreed upon by 
     the Administrator and the applicant), to the extent that such 
     estimates comply with applicable regulation, policy, and 
     guidance; and
       ``(2) for debris removal under sections 403(a)(3)(A), 407, 
     and 502(a)(5)--
       ``(A) making grants on the basis of fixed estimates to 
     provide financial incentives and

[[Page S8218]]

     disincentives for the timely or cost effective completion if 
     the State, tribal, or local government, or owner or operator 
     of the private nonprofit facility agrees to be responsible to 
     pay for any actual costs that exceed the estimate;
       ``(B) using a sliding scale for the Federal share for 
     removal of debris and wreckage based on the time it takes to 
     complete debris and wreckage removal;
       ``(C) allowing use of program income from recycled debris 
     without offset to the grant amount;
       ``(D) reimbursing base and overtime wages for employees and 
     extra hires of a State, tribal, or local government, or owner 
     or operator of a private nonprofit facility performing or 
     administering debris and wreckage removal;
       ``(E) providing incentives to State, tribal, and local 
     governments to have a debris management plan approved by the 
     Federal Emergency Management Agency and have pre-qualified 
     one or more debris and wreckage removal contractors before 
     the date of declaration of the major disaster; and
       ``(F) if the actual costs of projects under subparagraph 
     (A) are less than the estimated costs of the project, the 
     Administrator may permit a grantee or subgrantee to use all 
     or part of the excess funds for--
       ``(i) debris management planning;
       ``(ii) acquisition of debris management equipment for 
     current or future use; and
       ``(iii) other activities to improve future debris removal 
     operations, as determined by the Administrator.
       ``(f) Waiver Authority.--Until such time as the 
     Administrator promulgates regulations to implement this 
     section, the Administrator may waive notice and comment 
     rulemaking, if the Administrator determines the waiver is 
     necessary to expeditiously implement this section, and may 
     carry out the alternative procedures under this section as a 
     pilot program.
       ``(g) Reimbursement.--The guidelines for reimbursement for 
     costs under subsection (e)(2)(D) shall assure that no State, 
     tribal, or local government is denied reimbursement for 
     overtime payments that are required pursuant to the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).''.
       (d) Simplified Procedures.--Section 422 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5189) is amended--
       (1) by striking ``If the Federal estimate'' and inserting 
     the following:
       ``(a) In General.--If the Federal estimate'';
       (2) by inserting ``or, if the Administrator has established 
     a threshold under subsection (b), the amount established 
     under subsection (b)'' after ``$35,000'' the first place it 
     appears;
       (3) by inserting ``or, if applicable, the amount 
     established under subsection (b),'' after ``$35,000 amount''; 
     and
       (4) by adding at the end the following:
       ``(b) Threshold.--
       ``(1) Report.--Not later than 1 year after the date of 
     enactment of the Disaster Recovery Act of 2012, the 
     President, acting through the Administrator of the Federal 
     Emergency Management Agency (in this section referred to as 
     the `Administrator'), shall--
       ``(A) complete an analysis to determine whether an increase 
     in the threshold for eligibility under subsection (a) is 
     appropriate, which shall include consideration of cost-
     effectiveness, speed of recovery, capacity of grantees, past 
     performance, and accountability measures; and
       ``(B) submit to the appropriate committees of the Congress 
     (as defined in section 602 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 701)) a report 
     regarding the analysis conducted under subparagraph (A).
       ``(2) Amount.--After the Administrator submits the report 
     required under paragraph (1), the President shall direct the 
     Administrator to--
       ``(A) immediately establish a threshold for eligibility 
     under this section in an appropriate amount, without regard 
     to chapter 5 of title 5, United States Code; and
       ``(B) adjust the threshold annually to reflect changes in 
     the Consumer Price Index for all Urban Consumers published by 
     the Department of Labor.
       ``(3) Review.--Not later than 3 years after the date on 
     which the Administrator establishes a threshold under 
     paragraph (2), and every 3 years thereafter, the President, 
     acting through the Administrator, shall review the threshold 
     for eligibility under this section.''.
       (e) Essential Assistance.--Section 403 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b) is amended by adding at the end the following:
       ``(d) Salaries and Benefits.--
       ``(1) In general.--The President may reimburse a State, 
     tribal, or local government for costs relating to pay and 
     benefits (including overtime and hazardous duty pay) for 
     permanent employees of the State, tribal, or local government 
     conducting emergency protective measures under this section, 
     provided such work is not typically performed by such 
     employees and the type of work may otherwise be carried out 
     by contract or agreement with private organizations, firms, 
     or individuals.
       ``(2) Overtime.--The guidelines for reimbursement for costs 
     under paragraph (1) shall assure that no State, tribal, or 
     local government is denied reimbursement for overtime 
     payments that are required pursuant to the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.).''.
       (f) Unified Federal Review.--Title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, as 
     amended by subsection (c), is amended by adding at the end 
     the following:

     ``SEC. 429. UNIFIED FEDERAL REVIEW.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Disaster Recovery Act of 2012, and in 
     consultation with the Council on Environmental Quality and 
     the Advisory Council on Historic Preservation, the President 
     shall establish an expedited and unified interagency review 
     process to ensure compliance with environmental and historic 
     requirements under Federal law relating to disaster recovery 
     projects, in order to expedite the recovery process, 
     consistent with applicable law.
       ``(b) Contents.--The review process established under this 
     section shall include mechanisms to expeditiously address 
     delays that may occur during the recovery from a major 
     disaster, and shall be updated as appropriate, consistent 
     with applicable law.''.
       (g) Dispute Resolution Pilot Program.--
       (1) Definitions.--In this subsection--
       (A) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (B) the term ``eligible assistance'' means assistance--
       (i) under section 403, 406, or 407 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b, 5172, 5173);
       (ii) for which the legitimate amount in dispute is not less 
     than $1,000,000, which the Administrator shall adjust 
     annually to reflect changes in the Consumer Price Index for 
     all Urban Consumers published by the Department of Labor; and
       (iii) for which the applicant has a non-Federal share.
       (2) Procedures.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in order to facilitate an 
     efficient recovery from major disasters, the Administrator 
     shall establish procedures under which an applicant may 
     request the use of alternative dispute resolution, including 
     arbitration by an independent review panel, to resolve 
     disputes relating to eligible assistance.
       (B) Binding effect.--A decision by an independent review 
     panel under this subsection shall be binding upon the parties 
     to the dispute.
       (C) Considerations.--The procedures established under this 
     subsection shall--
       (i) allow a party of a dispute relating to eligible 
     assistance to request an independent review panel for the 
     review;
       (ii) require a party requesting an independent review panel 
     as described in clause (i) to agree to forego rights to any 
     further appeal of the dispute relating to any eligible 
     assistance;
       (iii) require that the sponsor of an independent review 
     panel for any alternative dispute resolution under this 
     subsection shall be--

       (I) an individual or entity unaffiliated with the dispute 
     (which may include a Federal agency, an administrative law 
     judge, or a reemployed annuitant who was an employee of the 
     Federal Government) selected by the Administrator; and
       (II) responsible for identifying and maintaining an 
     adequate number of independent experts qualified to review 
     and resolve disputes under this subsection;

       (iv) require an independent review panel to--

       (I) resolve any remaining disputed issue in accordance with 
     all applicable laws, regulations, and Federal Emergency 
     Management Agency interpretations of those laws through its 
     published policies and guidance;
       (II) consider only evidence contained in the administrative 
     record, as it existed at the time at which the Federal 
     Emergency Management Agency made its initial decision;
       (III) only set aside a decision of the Federal Emergency 
     Management Agency found to be arbitrary, capricious, an abuse 
     of discretion, or otherwise not in accordance with law; and
       (IV) in the case of a finding of material fact adverse to 
     the claimant made on first appeal, only set aside or reverse 
     such finding if the finding is clearly erroneous;

       (v) require an independent review panel to expeditiously 
     issue a written decision for any alternative dispute 
     resolution under this subsection; and
       (vi) direct that if an independent review panel for any 
     alternative dispute resolution under this subsection 
     determines that the basis upon which a party submits a 
     request for alternative dispute resolution is frivolous, the 
     independent review panel shall direct the party to pay the 
     reasonable costs of the Federal Emergency Management Agency 
     relating to the review by the independent review panel.
       (D) Funds received.--Any funds received by the Federal 
     Emergency Management Agency under the authority under this 
     subsection shall be deposited to the credit of the 
     appropriation or appropriations available for the eligible 
     assistance in dispute on the date on which the funds are 
     received.
       (3) Sunset.--A request for review by an independent review 
     panel under this subsection may not be made after December 
     31, 2015.
       (4) Report.--
       (A) In general.--Not later than 270 days after the 
     termination of authority under this subsection pursuant to 
     paragraph (3), the Comptroller General of the United States

[[Page S8219]]

     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report analyzing the effectiveness of the 
     program under this subsection.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include--
       (i) a determination of the availability of data required to 
     complete the report;
       (ii) an assessment of the effectiveness of the program 
     under this subsection, including an assessment of whether the 
     program expedited or delayed the disaster recovery process;
       (iii) an assessment of whether the program increased or 
     decreased costs to administer section 403, 406, or 407 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act;
       (iv) an assessment of the procedures and safeguards that 
     the independent review panels established to ensure 
     objectivity and accuracy, and the extent to which they 
     followed those procedures and safeguards;
       (v) a recommendation as to whether any aspect of the 
     program under this subsection should be made a permanent 
     authority; and
       (vi) recommendations for any modifications to the authority 
     or the administration of the authority under this subsection 
     in order to improve the disaster recovery process.
       (h) Individual Assistance Factors.--In order to provide 
     more objective criteria for evaluating the need for 
     assistance to individuals and to speed a declaration of a 
     major disaster or emergency under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), not later than 1 year after the date of enactment 
     of this Act, the Administrator of the Federal Emergency 
     Management Agency, in cooperation with representatives of 
     State, tribal, and local emergency management agencies, shall 
     review, update, and revise through rulemaking the factors 
     considered under section 206.48 of title 44, Code of Federal 
     Regulations (including section 206.48(b)(2) of such title 
     relating to trauma and the specific conditions or losses that 
     contribute to trauma), to measure the severity, magnitude, 
     and impact of a disaster.
       (i) Child Care.--Section 408(e)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(e)(1)) is amended--
       (1) in the paragraph heading, by inserting ``Child care,'' 
     after ``Dental,''; and
       (2) by inserting ``child care,'' after ``dental,''.
       (j) Temporary Housing.--Section 408(c)(1)(B) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(c)(1)(B)) is amended--
       (1) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (2) by inserting after clause (i) the following:
       ``(ii) Lease and repair of rental units for temporary 
     housing.--

       ``(I) In general.--The President, to the extent it would be 
     a cost effective alternative to other temporary housing 
     options, may--

       ``(aa) enter into lease agreements with owners of 
     multifamily rental property located in areas covered by a 
     major disaster declaration to house individuals and 
     households eligible for assistance under this section; and
       ``(bb) make repairs or improvement to properties under such 
     lease agreements, to the extent necessary to serve as safe 
     and adequate temporary housing.

       ``(II) Improvements or repairs.--Under the terms of any 
     lease agreement for property entered into under this 
     subsection, the value of the improvements or repairs shall be 
     deducted from the value of the lease agreement; and may not 
     exceed the value of the lease agreement.
       ``(III) Period of assistance.--The President may not 
     provide direct assistance under this clause with respect to a 
     major disaster after the end of the 18-month period beginning 
     on the date of declaration of the major disaster by the 
     President, except that the President may extend that period 
     if the President determines that due to extraordinary 
     circumstances an extension would be in the public 
     interest.''; and

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

     ``SEC. 103. REFERENCES.

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

[[Page S8220]]

     information on interest rates, repayment terms, 
     securitization requirements, and the ability of affected 
     local governments to qualify for such loans;
       (3) the availability of Federal resources to address the 
     budgetary impacts of Hurricane Sandy upon local governments;
       (4) the ability of the Community Disaster Loan program 
     authorized under section 417 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) 
     to effectively and expeditiously address budgetary impacts of 
     Hurricane Sandy and other disasters upon local governments, 
     including--
       (A) an assessment of the current statutory limits on loan 
     amounts;
       (B) the regulations, policies, and procedures governing 
     program mobilization to communities in need and expeditious 
     processing of loan applications;
       (C) information on interest rates, repayment terms, 
     securitization requirements, and ability of affected local 
     governments to qualify for such loans;
       (D) criteria governing the cancellation of such loans, 
     including appropriate classification of available revenues 
     and eligible expenses, and the consistency of program rules 
     with customary local government budgetary practices and State 
     or local laws that affect the specific budgetary practices of 
     local governments affected by Hurricane Sandy and other 
     disasters;
       (E) repayment terms and timeframes on loans that do not 
     qualify for cancellation;
       (F) options for Congressional consideration related to 
     legislative modifications of this program, and any other 
     applicable provisions of Federal law, in order to address the 
     budgetary impacts of Hurricane Sandy and other disasters upon 
     local governments; and
       (G) recommendations on steps the Federal Emergency 
     Management Agency may take in order to improve program 
     administration, effectiveness, communications, and speed; and
       (5) potential consequences of Federal action or inaction to 
     address the budgetary impacts of Hurricane Sandy upon local 
     governments.
       (m) Applicability.--Unless otherwise specified, this 
     section and the amendments made by this section shall apply 
     for--
       (1) any major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) on or after the date of 
     enactment of this Act; and
       (2) a major disaster or emergency declared before the date 
     of enactment of this Act for which the period for processing 
     requests for assistance has not ended on the date of 
     enactment of this Act.

                               TITLE VII

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service

                              construction

       For an additional amount for ``Construction'' for necessary 
     expenses incurred to prepare for, respond to, and recover 
     from Hurricane Sandy, $78,000,000, to remain available until 
     expended:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         National Park Service

                       historic preservation fund

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

                              construction

       For an additional amount for ``Construction'' for necessary 
     expenses incurred to prepare for, respond to, and recover 
     from Hurricane Sandy, $348,000,000, to remain available until 
     expended:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

             Bureau of Safety and Environmental Enforcement

                           oil spill research

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

                        Departmental Operations

                        office of the secretary

                     (including transfer of funds)

       For an additional amount for ``Departmental Operations'' 
     and any Department of the Interior component bureau or office 
     for necessary expenses related to the consequences of 
     Hurricane Sandy and for other activities related to storms 
     and natural disasters, $150,000,000, to remain available 
     until expended:  Provided, That funds appropriated herein 
     shall be used to restore and rebuild parks, refuges, and 
     other public assets; increase the resiliency and capacity of 
     coastal habitat and infrastructure to withstand future storms 
     and reduce the amount of damage caused by such storms; 
     protect natural and cultural values; and assist State, tribal 
     and local governments:  Provided further, That the Secretary 
     may transfer these funds to any other account in the 
     Department and may expend such funds by direct expenditure, 
     grants, or cooperative agreements, including grants to or 
     cooperative agreements with States, Tribes, and 
     municipalities, to carry out the purposes provided herein:  
     Provided further, That the Secretary shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a detailed spending plan for the amounts 
     provided herein within 60 days of enactment of this Act:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

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

                     Hazardous Substance Superfund

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

                 Leaking Underground Storage Tank Fund

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

                   State and Tribal Assistance Grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $810,000,000, to remain available until expended, 
     of which $700,000,000 shall be for capitalization grants for 
     the Clean Water State Revolving Funds under Title VI of the 
     Federal Water Pollution Control Act, and of which 
     $110,000,000 shall be for capitalization grants under section 
     1452 of the Safe Drinking Water Act:  Provided, That 
     notwithstanding section 604(a) of the Federal Water Pollution 
     Control Act and section 1452(a)(1)(D) of the Safe Drinking 
     Water Act, funds appropriated herein shall be provided to 
     States that have received a major disaster declaration 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) for 
     Hurricane Sandy:  Provided further, That no eligible state 
     shall receive less than two percent of such funds:  Provided 
     further, That funds appropriated herein shall not be subject 
     to the matching or cost share requirements of sections 
     602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution 
     Control Act nor the matching requirements of section 1452(e) 
     of the Safe Drinking Water Act:  Provided further, That 
     notwithstanding the requirements of section 603(d) of the 
     Federal Water Pollution Control Act, for the funds 
     appropriated herein, each State shall use not less than 50 
     percent of the amount of its capitalization grants to provide 
     additional subsidization to eligible recipients in the form 
     of forgiveness of principal, negative interest loans or 
     grants or any combination of these:  Provided further, That 
     the funds appropriated herein shall only be used for eligible 
     projects whose purpose is to reduce flood damage risk and 
     vulnerability or to enhance resiliency to rapid hydrologic 
     change or a natural disaster at treatment works as defined by 
     section 212 of the Federal Water Pollution Control Act or any 
     eligible facilities under section 1452 of the Safe Drinking 
     Water Act, and for other eligible tasks at such treatment 
     works or facilities necessary to further such purposes:  
     Provided further, That notwithstanding the definition of 
     treatment works in section 212 of the Federal Water Pollution 
     Control Act, and subject to the purposes described herein, 
     the funds appropriated herein shall be available for the 
     purchase of land and easements necessary for the siting of 
     eligible treatment works projects:  Provided further, That 
     the Administrator may retain up to $1,000,000 of the funds 
     appropriated herein for management and oversight of the 
     requirements of this section:  Provided further, That such 
     amounts are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

[[Page S8221]]

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

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

                          OTHER RELATED AGENCY

                        Smithsonian Institution

                         salaries and expenses

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

                               TITLE VIII

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For an additional amount for ``Training and Employment 
     Services'', $50,000,000, for the dislocated workers 
     assistance national reserve for necessary expenses resulting 
     from Hurricane Sandy, which shall be available from the date 
     of enactment of this Act through September 30, 2013:  
     Provided, That the Secretary of Labor may transfer up to 
     $3,500,000 of such funds to any other Department of Labor 
     account for other Hurricane Sandy reconstruction and recovery 
     needs, including worker protection activities:  Provided 
     further, That such amounts are designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                      social services block grant

       For an additional amount for ``Social Services Block 
     Grant'', $500,000,000, for necessary expenses resulting from 
     Hurricane Sandy in States for which the President declared a 
     major disaster under title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act, notwithstanding 
     section 2003 and paragraphs (1) and (4) of section 2005(a) of 
     the Social Security Act:  Provided, That, notwithstanding 
     section 2002 of the Social Security Act, the distribution of 
     such amount shall be limited to States directly affected by 
     these events:  Provided further, That section 2002(c) of the 
     Social Security Act shall be applied to funds appropriated in 
     this paragraph by substituting succeeding 2 fiscal years for 
     succeeding fiscal year:  Provided further, That funds 
     appropriated in this paragraph are in addition to the 
     entitlement grants authorized by section 2002(a)(1) of the 
     Social Security Act and shall not be available for such 
     entitlement grants:  Provided further, That in addition to 
     other uses permitted by title XX of the Social Security Act, 
     funds appropriated in this paragraph may be used for health 
     services (including mental health services), and for costs of 
     renovating, repairing, or rebuilding health care facilities 
     (including mental health facilities), child care facilities, 
     or other social services facilities:  Provided further, That 
     notwithstanding paragraphs (2) and (8) of section 2005(a) of 
     the Social Security Act, a State may use up to 10 percent of 
     its allotment of funds appropriated in this paragraph to 
     supplement any other funds available for the following costs, 
     subject to guidelines established by the Secretary, for 
     health care providers (as defined by the Secretary): (a) 
     payments to compensate employees of health care providers for 
     wages lost as a direct result of Hurricane Sandy, and (b) 
     payments to support the viability of health care providers 
     with facilities that were substantially damaged as a direct 
     result of Hurricane Sandy:  Provided further, That funds 
     appropriated in this paragraph are also available for costs 
     incurred up to 3 days prior to Hurricane Sandy's October 29, 
     2012, landfall, subject to Federal review of documentation of 
     the cost of services provided:  Provided further, That none 
     of the funds appropriated in this paragraph shall be 
     available for costs that are reimbursed by the Federal 
     Emergency Management Agency or insurance:  Provided further, 
     That, with respect to the Federal interest in real property 
     acquired or on which construction or major renovation of 
     facilities (as such terms are defined in 45 CFR 1309.3) is 
     undertaken with these funds, procedures equivalent to those 
     specified in Subpart C of 45 CFR Part 1309 shall apply:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                 children and family services programs

       For an additional amount for ``Children and Families 
     Services Programs'', $100,000,000, for making payments under 
     the Head Start Act in States for which the President declared 
     a major disaster under title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act as a result of 
     Hurricane Sandy:  Provided, That funds appropriated in this 
     paragraph are not subject to the allocation requirements of 
     section 640(a) or the matching requirements of section 640(b) 
     of the Head Start Act:  Provided further, That funds 
     appropriated in this paragraph shall be available through 
     September 30, 2014 for activities to assist affected Head 
     Start agencies, including technical assistance, costs of Head 
     Start services (including supportive services for children 
     and families, and provision of mental health services for 
     children affected by Hurricane Sandy), and costs of 
     renovating, repairing, or rebuilding those Head Start 
     facilities damaged as a result of Hurricane Sandy:  Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be included in the calculation of the ``base 
     grant'' in subsequent fiscal years, as such term is used in 
     section 640(a)(7)(A) of the Head Start Act:  Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for costs that are reimbursed by 
     the Federal Emergency Management Agency or by insurance:  
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' for disaster response and recovery, 
     and other expenses related to Hurricane Sandy, and for other 
     disaster-response activities, $200,000,000, to remain 
     available until expended:  Provided, That these funds may be 
     transferred by the Secretary to accounts within the 
     Department of Health and Human Services, and shall be 
     available only for the purposes provided in this paragraph:  
     Provided further, That the transfer authority provided in 
     this paragraph is in addition to any other transfer authority 
     available in this or any other Act:  Provided further, That 
     obligations incurred for response activities for Hurricane 
     Sandy prior to the enactment of this Act may be charged to 
     this appropriation:  Provided further, That funds 
     appropriated in this paragraph may be used for renovating, 
     repairing, or rebuilding non-Federal research facilities 
     damaged as a result of Hurricane Sandy:  Provided further, 
     That funds appropriated under this paragraph shall not be 
     available for costs that are eligible for reimbursement by 
     the Federal Emergency Management Agency or are covered by 
     insurance:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                             RELATED AGENCY

                     Social Security Administration

                 limitation on administrative expenses

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

                                TITLE IX

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard

       For an additional amount for ``Military Construction, Army 
     National Guard'', $24,200,000, to remain available until 
     September 30, 2014, for necessary expenses related to the 
     consequences of Hurricane Sandy:  Provided, That such funds 
     may be obligated or expended for planning and design and 
     military construction projects not otherwise authorized by 
     law:  Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

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

                           medical facilities

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

                    national cemetery administration

       For an additional amount for ``National Cemetery 
     Administration'', $1,100,000, for necessary expenses related 
     to the consequences of Hurricane Sandy:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement

[[Page S8222]]

     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                      Departmental Administration

                     information technology systems

       For an additional amount for ``Information Technology 
     Systems'', $500,000, for necessary expenses related to the 
     consequences of Hurricane Sandy:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      construction, major projects

       For an additional amount for ``Construction, Major 
     Projects'', $207,000,000 to remain available until expended, 
     for renovations and repairs to the Department of Veterans 
     Affairs Medical Center in Manhattan, New York, as a 
     consequence of damage caused by Hurricane Sandy:  Provided, 
     That notwithstanding any other provision of law, such funds 
     may be obligated and expended to carry out planning and 
     design and major medical facility construction not otherwise 
     authorized by law:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE X

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

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

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

       For an additional amount for the Emergency Relief Program 
     as authorized under section 125 of title 23, United States 
     Code, $921,000,000, to remain available until expended:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Federal Railroad Administration

         grants to the national railroad passenger corporation

       For an additional amount for the Secretary to make grants 
     to the National Railroad Passenger Corporation for costs and 
     losses incurred as a result of Hurricane Sandy and to advance 
     capital projects that address Northeast Corridor 
     infrastructure recovery, mitigation and resiliency in the 
     affected areas, $336,000,000, to remain available until 
     expended:  Provided, That the Administrator of the Federal 
     Railroad Administration may retain up to one-half of 1 
     percent of the funds provided under this heading to fund the 
     award and oversight by the Administrator of grants made under 
     this heading:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Federal Transit Administration

             public transportation emergency relief program

       For the Public Transportation Emergency Relief Program as 
     authorized under section 5324 of title 49, United States 
     Code, $10,783,000,000, to remain available until expended, 
     for recovery and relief efforts in the areas most affected by 
     Hurricane Sandy:  Provided, That, of the funds provided under 
     this heading, the Secretary may transfer up to $5,383,000,000 
     to the appropriate agencies to fund programs authorized under 
     titles 23 and 49, United States Code, in order to carry out 
     mitigation projects related to reducing risk of damage from 
     future disasters in areas impacted by Hurricane Sandy:  
     Provided further, That the Committees on Appropriations of 
     the Senate and the House of Representatives shall be notified 
     at least 15 days in advance of any such transfer:  Provided 
     further, That notwithstanding any other provision of law, the 
     Federal share for all projects funded under this heading for 
     repairs, reconstruction or mitigation of transportation 
     infrastructure in areas impacted by Hurricane Sandy shall be 
     90 percent:  Provided further, That up to three-quarters of 1 
     percent of the funds retained for public transportation 
     emergency relief shall be available for the purposes of 
     administrative expenses and ongoing program management 
     oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) 
     and shall be in addition to any other appropriations for such 
     purposes:  Provided further, That, of the funds made 
     available under this heading, $6,000,000 shall be transferred 
     to the Office of Inspector General to support the oversight 
     of activities funded under this heading:  Provided further, 
     That such amounts are designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

       For an additional amount for the ``Community Development 
     Fund'' for necessary expenses related to disaster relief, 
     long-term recovery, restoration of infrastructure and 
     housing, economic revitalization, and mitigation in the most 
     impacted and distressed areas resulting from a major disaster 
     declared pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.), due to 
     Hurricane Sandy, for activities authorized under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.), $17,000,000,000, to remain available until 
     expended, of which at least $2,000,000,000 shall be used for 
     mitigation projects to reduce future risk and 
     vulnerabilities:  Provided, That the Secretary shall 
     establish a minimum allocation for each eligible State 
     declared a major disaster due to Hurricane Sandy:  Provided 
     further, That, of the amount provided under this heading, 
     $500,000,000 shall be used to address the unmet needs of 
     impacted areas resulting from a major disaster declared 
     pursuant to the Robert T. Stafford Disaster Relief Act (42 
     U.S.C. 5121 et seq.) or for small, economically distressed 
     areas with a disaster declared in 2011 or 2012:  Provided 
     further, That funds shall be awarded directly to the State or 
     unit of general local government as a grantee at the 
     discretion of the Secretary:  Provided further, That the 
     Secretary shall allocate to grantees not less than 33 percent 
     of the funds provided under this heading within 60 days after 
     the enactment of this Act based on the best available data:  
     Provided further, That prior to the obligation of funds, a 
     grantee shall submit a plan to the Secretary for approval 
     detailing the proposed use of all funds, including criteria 
     for eligibility and how the use of these funds will address 
     long-term recovery and restoration of infrastructure and 
     housing and economic revitalization in the most impacted and 
     distressed areas:  Provided further, That the Secretary shall 
     by notice specify the criteria for approval of such plans 
     within 45 days of enactment of this Act:  Provided further, 
     That such funds may not be used for activities reimbursable 
     by, or for which funds are made available by, the Federal 
     Emergency Management Agency or the Army Corps of Engineers:  
     Provided further, That the final paragraph under the heading 
     Community Development Block Grants in title II of Public Law 
     105-276 (42 U.S.C. 5305 note) shall not apply to funds 
     provided under this heading:  Provided further, That funds 
     allocated under this heading shall not be considered relevant 
     to the non-disaster formula allocations made pursuant to 42 
     U.S.C. 5306:  Provided further, That a grantee may use up to 
     5 percent of its allocation for administrative costs:  
     Provided further, That the Secretary shall require that 
     grantees have established procedures to ensure timely 
     expenditure of funds and prevent any duplication of benefits 
     as defined by 42 U.S.C. 5155 and prevent fraud and abuse of 
     funds:  Provided further, That the Secretary shall provide 
     grantees with technical assistance on contracting and 
     procurement processes and shall require grantees, in 
     contracting or procuring for management and administration of 
     these funds, to incorporate performance requirements and 
     penalties into any such contracts or agreements and to 
     maintain information with respect to performance on the use 
     of any funds for management and administrative purposes:  
     Provided further, That in administering the funds under this 
     heading, the Secretary may waive, or specify alternative 
     requirements for, any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or the use by the recipient of 
     these funds (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     pursuant to a determination by the Secretary that good cause 
     exists for the waiver or alternative requirement and that 
     such action is not inconsistent with the overall purposes of 
     title I of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5301 et seq.):  Provided further, That 
     notwithstanding the previous proviso, recipients of funds 
     provided under this heading that use such funds to match or 
     supplement Federal assistance provided under sections 402, 
     403, 406, 407, or 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     may adopt, without review or public comment, any 
     environmental review, approval, or permit performed by a 
     Federal agency, and such adoption shall satisfy the 
     responsibilities of the recipient with respect to such 
     environmental review, approval, or permit:  Provided further, 
     That, notwithstanding 42 U.S.C. 5304(g)(2), the Secretary 
     may, upon receipt of a request for release of funds and 
     certification, immediately approve the release of funds for 
     an activity or project assisted under this heading if the 
     recipient has adopted an environmental review prepared under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) or the project is categorically excluded from 
     further review under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.):  Provided further, That a 
     waiver granted by the Secretary may not reduce the percentage 
     of funds which must be used for activities that benefit 
     persons of low and moderate income to less than 50 percent, 
     unless the Secretary specifically finds that

[[Page S8223]]

     there is a compelling need to further reduce or eliminate the 
     percentage requirement:  Provided further, That the Secretary 
     shall publish in the Federal Register any waiver of any 
     statute or regulation that the Secretary administers pursuant 
     to title I of the Housing and Community Development Act of 
     1974 no later than 5 days before the effective date of such 
     waiver:  Provided further, That funds provided under this 
     heading to for-profit enterprises may only assist such 
     enterprises that meet the definition of small business as 
     defined by the Small Business Administration under 13 CFR 
     part 121:  Provided further, That notwithstanding the 
     previous proviso, funds may be provided to a for-profit 
     enterprise, that does not meet such definition of small 
     business, but which provides a public benefit, is publicly 
     regulated, and is otherwise eligible for assistance under 42 
     U.S.C. 5301 et seq., and the implementing regulations at 24 
     CFR Part 570.201(l):  Provided further, That of the funds 
     made available under this heading, up to $10,000,000 may be 
     transferred to ``Program Office Salaries and Expenses, 
     Community Planning and Development'' for technical assistance 
     and administrative costs (including information technology 
     costs), related solely to administering funds available under 
     this heading or funds made available under prior 
     appropriations to the ``Community Development Fund'' for 
     disaster relief, long-term recovery, or emergency expenses:  
     Provided further, That, of the funds made available under 
     this heading, $10,000,000 shall be transferred to ``Office of 
     Inspector General'':  Provided further, That the amounts 
     provided under this heading are designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1001.  For fiscal year 2013, upon request by a public 
     housing agency and supported by documentation as required by 
     the Secretary of Housing and Urban Development that 
     demonstrates that the need for the adjustment is due to the 
     disaster, the Secretary may make temporary adjustments to the 
     Section 8 housing choice voucher annual renewal funding 
     allocations and administrative fee eligibility determinations 
     for public housing agencies in an area for which the 
     President declared a disaster under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170 et seq.), to avoid significant adverse funding 
     impacts that would otherwise result from the disaster.
       Sec. 1002.  The Departments of Transportation and Housing 
     and Urban Development shall submit to the Committees on 
     Approppriations of the House of Representatives and the 
     Senate within 45 days after the date of the enactment of this 
     Act a plan for implementing the provisions in this title, and 
     updates to such plan on a biannual basis thereafter.
       Sec. 1003.  None of the funds provided in this title to the 
     Department of Transportation or the Department of Housing and 
     Urban Development may be used to make a grant unless the 
     Secretary of such Department notifies the House and Senate 
     Committees on Appropriations not less than 3 full business 
     days before any project, State or locality is selected to 
     receive a grant award totaling $1,000,000 or more is 
     announced by either Department or a modal administration.

                                TITLE XI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 1101.  Each amount appropriated or made available in 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 1102.  Each amount designated in this Act by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 shall be available only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 1103. (a) Not later than March 31, 2013, in accordance 
     with criteria to be established by the Office of Management 
     and Budget (OMB), Federal agencies shall submit to OMB and to 
     the Committee on Appropriations of the House of 
     Representatives and of the Senate internal control plans for 
     funds provided by this Act.
       (b) All programs and activities receiving funds under this 
     Act shall be deemed to be ``susceptible to significant 
     improper payments'' for purposes of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note) (IPIA), 
     notwithstanding section 2(a) of IPIA.
       (c) In accordance with guidance to be issued by the 
     Director of OMB, agencies shall identify those grants for 
     which the funds provided by this Act should be expended by 
     the grantees within the 24-month period following the 
     agency's obligation of funds for the grant. In the case of 
     such grants, the agency shall include a term in the grant 
     that:
       (1) requires the grantee to return to the agency any funds 
     not expended within the 24-month period; and
       (2) provides that the head of the agency may, after 
     consultation with the Director of OMB, subsequently issue a 
     waiver of this requirement based on a determination by the 
     head of the agency that exceptional circumstances exist that 
     justify an extension of the period in which the funds must be 
     expended.
       Sec. 1104. (a) In carrying out activities funded by this 
     Act, Federal agencies, in partnership with States, local 
     communities and tribes, shall inform plans for response, 
     recovery, and rebuilding to reduce vulnerabilities from and 
     build long-term resiliency to future extreme weather events, 
     sea level rise, and coastal flooding. In carrying out 
     activities funded by this title that involve repairing, 
     rebuilding, or restoring infrastructure and restoring land, 
     project sponsors shall consider, where appropriate, the 
     increased risks and vulnerabilities associated with future 
     extreme weather events, sea level rise and coastal flooding.
       (b) Funds made available in this Act shall be available to 
     develop, in partnership with State, local and tribal 
     officials, regional projections and assessments of future 
     risks and vulnerabilities to extreme weather events, sea 
     level rise and coastal flooding that may be used for the 
     planning referred to in subsection (a), and to encourage 
     coordination and facilitate long-term community resiliency.
       Sec. 1105.  Recipients of Federal funds dedicated to 
     reconstruction efforts under this Act shall, to the greatest 
     extent practicable, ensure that such reconstruction efforts 
     maximize the utilization of technologies designed to mitigate 
     future power outages, continue delivery of vital services and 
     maintain the flow of power to facilities critical to public 
     health, safety and welfare. The Secretary of Housing and 
     Urban Development as chair of the Hurricane Sandy Rebuilding 
     Task Force shall issue appropriate guidelines to implement 
     this requirement.
       This Act may be cited as the ``Disaster Relief 
     Appropriations Act, 2013''.
                                 ______
                                 
  SA 3396. Mr. REID proposed an amendment to amendment SA 3395 proposed 
by Mr. Reid to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; as follows:

       At the end, add the following new section:

     SEC. ___

       This Act shall become effective 7 days after enactment.
                                 ______
                                 
  SA 3397. Mr. REID proposed an amendment to amendment SA 3396 proposed 
by Mr. Reid to the amendment SA 3395 proposed by Mr. Reid to the bill 
H.R. 1, making appropriations for the Department of Defense and the 
other departments and agencies of the Government for the fiscal year 
ending September 30, 2011, and for other purposes; as follows:

       In the amendment, strike ``7 days'' and insert ``6 days''.
                                 ______
                                 
  SA 3398. Mr. REID proposed an amendment to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; as follows:

       At the end, add the following new section:

     SEC. ___

       This Act shall become effective 5 days after enactment.
                                 ______
                                 
  SA 3399. Mr. REID proposed an amendment to amendment SA 3398 proposed 
by Mr. Reid to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.
                                 ______
                                 
  SA 3400. Mr. REID proposed an amendment to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; as follows:

       At the end, add the following new section:

     SEC. ___

       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 3401. Mr. REID proposed an amendment to amendment SA 3400 proposed 
by Mr. Reid to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 3402. Mr. REID proposed an amendment to amendment SA 3401 proposed 
by Mr. Reid to the amendment SA 3400 proposed by Mr. Reid to the bill 
H.R. 1, making appropriations for the Department of Defense and the 
other departments and agencies of the Government for the fiscal year 
ending September 30, 2011, and for other purposes; as follows:


[[Page S8224]]


       In the amendment, strike ``2 days'' and insert ``1 day''.
                                 ______
                                 
  SA 3403. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASED EMBASSY SECURITY

       Funds appropriated under the heading ``Administration of 
     Foreign Affairs'' under Title VIII of Division I of Public 
     Law 112-74 and as carried forward under Public Law 112-175, 
     may be transferred to, and merged with, any such other funds 
     appropriated under such title and heading: Provided, That 
     such transfers shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
                                 ______
                                 
  SA 3404. Mr. MERKLEY (for himself, Ms. Stabenow, Mrs. McCaskill, Mr. 
Baucus, Mr. Wyden, Mr. Franken, Mr. Johnson of South Dakota, and Mr. 
Udall of New Mexico) submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 101. (a) Section 531 of the Federal Crop Insurance Act 
     (7 U.S.C. 1531) is amended--
       (1) in subsection (c)(1), by striking ``The Secretary shall 
     use such sums as are necessary from the Trust Fund'' and 
     inserting ``Of the funds of the Commodity Credit Corporation, 
     the Secretary shall use such sums as are necessary for fiscal 
     year 2012'';
       (2) in subsection (d)(2), by striking ``The Secretary shall 
     use such sums as are necessary from the Trust Fund'' and 
     inserting ``Of the funds of the Commodity Credit Corporation, 
     the Secretary shall use such sums as are necessary for fiscal 
     year 2012'';
       (3) in subsection (e)(1)--
       (A) by striking ``The Secretary'' and inserting ``Of the 
     funds of the Commodity Credit Corporation, the Secretary''; 
     and
       (B) by striking ``per year from the Trust Fund'' and 
     inserting ``for fiscal year 2012'';
       (4) in subsection (f)(2)(A), by striking ``the Secretary 
     shall use such sums as are necessary from the Trust Fund'' 
     and inserting ``of the funds of the Commodity Credit 
     Corporation, the Secretary shall use such sums as are 
     necessary for fiscal year 2012''; and
       (5) in subsection (i), by striking ``September 30, 2011'' 
     and inserting ``September 30, 2012 (except in the case of 
     subsection (b), which shall be September 30, 2011)''.
       (b) This section is designated by Congress as being for an 
     emergency requirement pursuant to--
       (1) section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)); and
       (2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
     (Public Law 111-139; 2 U.S.C. 933(g)).
       Sec. 102. (a) Section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) is 
     amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Coverages.--In the case of an eligible crop described 
     in paragraph (2), the Secretary of Agriculture shall operate 
     a noninsured crop disaster assistance program to provide 
     coverages based on individual yields (other than for value-
     loss crops) equivalent to--
       ``(i) catastrophic risk protection available under section 
     508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); 
     or
       ``(ii) additional coverage available under subsections (c) 
     and (h) of section 508 of that Act (7 U.S.C. 1508) that does 
     not exceed 65 percent.
       ``(B) Administration.--The Secretary shall carry out this 
     section through the Farm Service Agency (referred to in this 
     section as the `Agency').''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``and'' after the semicolon 
     at the end;
       (II) by redesignating clause (ii) as clause (iii); and
       (III) by inserting after clause (i) the following:

       ``(ii) for which additional coverage under subsections (c) 
     and (h) of section 508 of that Act (7 U.S.C. 1508) is not 
     available; and''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``(except ferns)'' after 
     ``floricultural'';
       (II) by inserting ``(except ferns)'' after ``ornamental 
     nursery''; and
       (III) by striking ``(including ornamental fish)'' and 
     inserting ``(including ornamental fish, but excluding 
     tropical fish)'';

       (2) in subsection (d), by striking ``The Secretary'' and 
     inserting ``Subject to subsection (l), the Secretary'';
       (3) in subsection (k)(1)--
       (A) in subparagraph (A), by striking ``$250'' and inserting 
     ``$260''; and
       (B) in subparagraph (B)--
       (i) by striking ``$750'' and inserting ``$780''; and
       (ii) by striking ``$1,875'' and inserting ``$1,950''; and
       (4) by adding at the end the following:
       ``(l) Payment Equivalent to Additional Coverage.--
       ``(1) In general.--The Secretary shall make available to a 
     producer eligible for noninsured assistance under this 
     section a payment equivalent to an indemnity for additional 
     coverage under subsections (c) and (h) of section 508 of the 
     Federal Crop Insurance Act (7 U.S.C. 1508) that does not 
     exceed 65 percent, computed by multiplying--
       ``(A) the quantity that is less than 50 to 65 percent of 
     the established yield for the crop, as determined by the 
     Secretary, specified in increments of 5 percent;
       ``(B) 100 percent of the average market price for the crop, 
     as determined by the Secretary; and
       ``(C) a payment rate for the type of crop, as determined by 
     the Secretary, that reflects--
       ``(i) in the case of a crop that is produced with a 
     significant and variable harvesting expense, the decreasing 
     cost incurred in the production cycle for the crop that is, 
     as applicable--

       ``(I) harvested;
       ``(II) planted but not harvested; or
       ``(III) prevented from being planted because of drought, 
     flood, or other natural disaster, as determined by the 
     Secretary; or

       ``(ii) in the case of a crop that is produced without a 
     significant and variable harvesting expense, such rate as 
     shall be determined by the Secretary.
       ``(2) Premium.--To be eligible to receive a payment under 
     this subsection, a producer shall pay--
       ``(A) the service fee required by subsection (k); and
       ``(B) a premium for the applicable crop year that is equal 
     to--
       ``(i) the product obtained by multiplying--

       ``(I) the number of acres devoted to the eligible crop;
       ``(II) the yield, as determined by the Secretary under 
     subsection (e);
       ``(III) the coverage level elected by the producer;
       ``(IV) the average market price, as determined by the 
     Secretary; and

       ``(ii) 5.25-percent premium fee.
       ``(3) Limited resource, beginning, and socially 
     disadvantaged farmers.--The additional coverage made 
     available under this subsection shall be available to limited 
     resource, beginning, and socially disadvantaged producers, as 
     determined by the Secretary, in exchange for a premium that 
     is 50 percent of the premium determined for a producer under 
     paragraph (2).
       ``(4) Additional availability.--
       ``(A) In general.--As soon as practicable, the Secretary 
     shall make assistance available to producers of an otherwise 
     eligible crop described in subsection (a)(2) that suffered 
     losses--
       ``(i) to a 2012 annual fruit crop grown on a bush or tree; 
     and
       ``(ii) in a county covered by a declaration by the 
     Secretary of a natural disaster for production losses due to 
     a freeze or frost.
       ``(B) Assistance.--The Secretary shall make assistance 
     available under subparagraph (A) in an amount equivalent to 
     assistance available under paragraph (1), less any fees not 
     previously paid under paragraph (2).
       (b)(1) Effective October 1, 2017, subsection (a) and the 
     amendments made by subsection (a) (other than the amendments 
     made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are 
     repealed.
       (2) Effective October 1, 2017, section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333) shall be applied and administered as if subsection (a) 
     and the amendments made by subsection (a) (other than the 
     amendments made by clauses (i)(I) and (ii) of subsection 
     (a)(1)(B)) had not been enacted.
       (c) This section is designated by Congress as being for an 
     emergency requirement pursuant to--
       (1) section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)); and
       (2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
     (Public Law 111-139; 2 U.S.C. 933(g)).
                                 ______
                                 
  SA 3405. Mr. MERKLEY (for Mrs. Murray) proposed an amendment to the 
bill H.R. 4057, to amend title 38, United States Code, to direct the 
Secretary of Veterans Affairs to develop a comprehensive policy to 
improve outreach and transparency to veterans and members of the Armed 
Forces through the provision of information on institutions of higher 
learning, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDUCATION 
                   INFORMATION TO VETERANS.

       (a) Comprehensive Policy Required.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3698. Comprehensive policy on providing education 
       information to veterans

       ``(a) Comprehensive Policy Required.--The Secretary shall 
     develop a comprehensive

[[Page S8225]]

     policy to improve outreach and transparency to veterans and 
     members of the Armed Forces through the provision of 
     information on institutions of higher learning.
       ``(b) Scope.--In developing the policy required by 
     subsection (a), the Secretary shall include each of the 
     following elements:
       ``(1) Effective and efficient methods to inform individuals 
     of the educational and vocational counseling provided under 
     section 3697A of this title.
       ``(2) A centralized mechanism for tracking and publishing 
     feedback from students and State approving agencies regarding 
     the quality of instruction, recruiting practices, and post-
     graduation employment placement of institutions of higher 
     learning that--
       ``(A) allows institutions of higher learning to verify 
     feedback and address issues regarding feedback before the 
     feedback is published;
       ``(B) protects the privacy of students, including by not 
     publishing the names of students; and
       ``(C) publishes only feedback that conforms with criteria 
     for relevancy that the Secretary shall determine.
       ``(3) The merit of and the manner in which a State 
     approving agency shares with an accrediting agency or 
     association recognized by the Secretary of Education under 
     subpart 2 of part H of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1099b) information regarding the State 
     approving agency's evaluation of an institution of higher 
     learning.
       ``(4) Description of the information provided to 
     individuals participating in the Transition Assistance 
     Program under section 1144 of title 10 relating to 
     institutions of higher learning.
       ``(5) Effective and efficient methods to provide veterans 
     and members of the Armed Forces with information regarding 
     postsecondary education and training opportunities available 
     to the veteran or member.
       ``(c) Postsecondary Education Information.--(1) The 
     Secretary shall ensure that the information provided pursuant 
     to subsection (b)(5) includes--
       ``(A) an explanation of the different types of 
     accreditation available to educational institutions and 
     programs of education;
       ``(B) a description of Federal student aid programs; and
       ``(C) for each institution of higher learning, for the most 
     recent academic year for which information is available--
       ``(i) whether the institution is public, private nonprofit, 
     or proprietary for-profit;
       ``(ii) the name of the national or regional accrediting 
     agency that accredits the institution, including the contact 
     information used by the agency to receive complaints from 
     students;
       ``(iii) information on the State approving agency, 
     including the contact information used by the agency to 
     receive complaints from students;
       ``(iv) whether the institution participates in any programs 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.);
       ``(v) the tuition and fees;
       ``(vi) the median amount of debt from Federal student loans 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.) held by individuals upon completion of programs 
     of education at the institution of higher learning (as 
     determined from information collected by the Secretary of 
     Education);
       ``(vii) the cohort default rate, as defined in section 
     435(m) of the Higher Education Act of 1965 (20 U.S.C. 
     1085(m)), of the institution;
       ``(viii) the total enrollment, graduation rate, and 
     retention rate, as determined from information collected by 
     the Integrated Postsecondary Education Data System of the 
     Secretary of Education;
       ``(ix) whether the institution provides students with 
     technical support, academic support, and other support 
     services, including career counseling and job placement; and
       ``(x) the information regarding the institution's policies 
     related to transfer of credit from other institutions, as 
     required under section 485(h)(1) of the Higher Education Act 
     of 1965 (20 U.S.C. 1092(h)(1)) and provided to the Secretary 
     of Education under section 132(i)(1)(V)(iv) of such Act (20 
     U.S.C. 1015a(i)(1)(V)(iv)).
       ``(2) To the extent practicable, the Secretary shall 
     provide the information described in paragraph (1) by 
     including hyperlinks on the Internet website of the 
     Department to other Internet websites that contain such 
     information, including the Internet website of the Department 
     of Education, in a form that is comprehensive and easily 
     understood by veterans, members of the Armed Forces, and 
     other individuals.
       ``(3)(A) If the Secretary of Veterans Affairs requires, for 
     purposes of providing information pursuant to subsection 
     (b)(5), information that has been reported, or information 
     that is similar to information that has been reported, by an 
     institution of higher learning to the Secretary of Education, 
     the Secretary of Defense, the Secretary of Labor, or the 
     heads of other Federal agencies under a provision of law 
     other than under this section, the Secretary of Veterans 
     Affairs shall obtain the information the Secretary of 
     Veterans Affairs requires from the Secretary or head with the 
     information rather than the institution of higher learning.
       ``(B) If the Secretary of Veterans Affairs requires, for 
     purposes of providing information pursuant to subsection 
     (b)(5), information from an institution of higher learning 
     that has not been reported to another Federal agency, the 
     Secretary shall, to the degree practicable, obtain such 
     information through the Secretary of Education.
       ``(d) Consistency With Existing Education Policy.--In 
     carrying out this section, the Secretary shall ensure that--
       ``(1) the comprehensive policy is consistent with any 
     requirements and initiatives resulting from Executive Order 
     No. 13607; and
       ``(2) the efforts of the Secretary to implement the 
     comprehensive policy do not duplicate the efforts being taken 
     by any Federal agencies.
       ``(e) Communication With Institutions of Higher Learning.--
     To the extent practicable, if the Secretary considers it 
     necessary to communicate with an institution of higher 
     learning to carry out the comprehensive policy required by 
     subsection (a), the Secretary shall carry out such 
     communication through the use of a communication system of 
     the Department of Education.
       ``(f) Definitions.--In this section:
       ``(1) The term `institution of higher learning' has the 
     meaning given that term in section 3452(f) of this title.
       ``(2) The term `postsecondary education and training 
     opportunities' means any postsecondary program of education, 
     including apprenticeships and on-job training, for which the 
     Secretary of Veterans Affairs provides assistance to a 
     veteran or member of the Armed Forces.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 3697A the following new item:

``3698. Comprehensive policy on providing education information to 
              veterans.''.
       (b) Survey.--In developing the policy required by section 
     3698(a) of title 38, United States Code, as added by 
     subsection (a), the Secretary of Veterans Affairs shall 
     conduct a market survey to determine the availability of the 
     following:
       (1) A commercially available off-the-shelf online tool that 
     allows a veteran or member of the Armed Forces to assess 
     whether the veteran or member is academically ready to engage 
     in postsecondary education and training opportunities and 
     whether the veteran or member would need any remedial 
     preparation before beginning such opportunities.
       (2) A commercially available off-the-shelf online tool that 
     provides a veteran or member of the Armed Forces with a list 
     of providers of postsecondary education and training 
     opportunities based on criteria selected by the veteran or 
     member.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the appropriate committees of Congress a 
     report that includes--
       (1) a description of the policy developed by the Secretary 
     under section 3698(a) of title 38, United States Code, as 
     added by subsection (a);
       (2) a plan of the Secretary to implement such policy; and
       (3) the results of the survey conducted under subsection 
     (b), including whether the Secretary plans to implement the 
     tools described in such subsection.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Health, Education, Labor, and Pensions of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Education and the Workforce of the House of Representatives.
       (2) Commercially available off-the-shelf.--The term 
     ``commercially available off-the-shelf'' has the meaning 
     given that term in section 104 of title 41, United States 
     Code.
       (3) Postsecondary education and training opportunities.--
     The term ``postsecondary education and training 
     opportunities'' means any postsecondary program of education, 
     including apprenticeships and on-job training, for which the 
     Secretary of Veterans Affairs provides assistance to a 
     veteran or member of the Armed Forces.

     SEC. 2. PROHIBITION ON CERTAIN USES OF INDUCEMENTS BY 
                   EDUCATIONAL INSTITUTIONS.

       Section 3696 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The Secretary shall not approve under this chapter 
     any course offered by an educational institution if the 
     educational institution provides any commission, bonus, or 
     other incentive payment based directly or indirectly on 
     success in securing enrollments or financial aid to any 
     persons or entities engaged in any student recruiting or 
     admission activities or in making decisions regarding the 
     award of student financial assistance.
       ``(2) To the degree practicable, the Secretary shall carry 
     out paragraph (1) in a manner that is consistent with the 
     Secretary of Education's enforcement of section 487(a)(20) of 
     the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).''.

     SEC. 3. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING 
                   OFFICIALS.

       Section 3684 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Not later than 90 days after the date of the 
     enactment of this subsection, the Secretary shall ensure that 
     the Department provides personnel of educational institutions 
     who are charged with submitting reports or

[[Page S8226]]

     certifications to the Secretary under this section with 
     assistance in preparing and submitting such reports or 
     certifications.''.

     SEC. 4. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       For fiscal year 2013, the Secretary of Veterans Affairs may 
     not pay more than $395,000,000 in awards or bonuses under 
     chapter 45 or 53 of title 5, United States Code, or any other 
     awards or bonuses authorized under such title.
                                 ______
                                 
  SA 3406. Mr. MERKLEY (for Mr. Kohl (for himself and Mr. Lee)) 
proposed an amendment to the bill H.R. 6029, to amend title 18, United 
States Code, to provide for increased penalties for foreign and 
economic espionage, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign and Economic 
     Espionage Penalty Enhancement Act of 2012''.

     SEC. 2. PROTECTING U.S. BUSINESSES FROM FOREIGN ESPIONAGE.

       (a) For Offenses Committed by Individuals.--Section 1831(a) 
     of title 18, United States Code, is amended, in the matter 
     after paragraph (5), by striking ``not more than $500,000'' 
     and inserting ``not more than $5,000,000''.
       (b) For Offenses Committed by Organizations.--Section 
     1831(b) of such title is amended by striking ``not more than 
     $10,000,000'' and inserting ``not more than the greater of 
     $10,000,000 or 3 times the value of the stolen trade secret 
     to the organization, including expenses for research and 
     design and other costs of reproducing the trade secret that 
     the organization has thereby avoided''.

     SEC. 3. REVIEW BY THE UNITED STATES SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal sentencing guidelines and policy statements 
     applicable to persons convicted of offenses relating to the 
     transmission or attempted transmission of a stolen trade 
     secret outside of the United States or economic espionage, in 
     order to reflect the intent of Congress that penalties for 
     such offenses under the Federal sentencing guidelines and 
     policy statements appropriately, reflect the seriousness of 
     these offenses, account for the potential and actual harm 
     caused by these offenses, and provide adequate deterrence 
     against such offenses.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) consider the extent to which the Federal sentencing 
     guidelines and policy statements appropriately account for 
     the simple misappropriation of a trade secret, including the 
     sufficiency of the existing enhancement for these offenses to 
     address the seriousness of this conduct;
       (2) consider whether additional enhancements in the Federal 
     sentencing guidelines and policy statements are appropriate 
     to account for--
       (A) the transmission or attempted transmission of a stolen 
     trade secret outside of the United States; and
       (B) the transmission or attempted transmission of a stolen 
     trade secret outside of the United States that is committed 
     or attempted to be committed for the benefit of a foreign 
     government, foreign instrumentality, or foreign agent;
       (3) ensure the Federal sentencing guidelines and policy 
     statements reflect the seriousness of these offenses and the 
     need to deter such conduct;
       (4) ensure reasonable consistency with other relevant 
     directives, Federal sentencing guidelines and policy 
     statements, and related Federal statutes;
       (5) make any necessary conforming changes to the Federal 
     sentencing guidelines and policy statements; and
       (6) ensure that the Federal sentencing guidelines 
     adequately meet the purposes of sentencing as set forth in 
     section 3553(a)(2) of title 18, United States Code.
       (c) Consultation.--In carrying out the review required 
     under this section, the Commission shall consult with 
     individuals or groups representing law enforcement, owners of 
     trade secrets, victims of economic espionage offenses, the 
     United States Department of Justice, the United States 
     Department of Homeland Security, the United States Department 
     of State and the Office of the United States Trade 
     Representative.
       (d) Review.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall complete its 
     consideration and review under this section.
                                 ______
                                 
  SA 3407. Mr. MERKLEY (for Mrs. Murray) proposed an amendment to the 
bill S. 3202, to amend title 38, United States Code, to ensure that 
deceased veterans with no known next of kin can receive a dignified 
burial, and for other purposes, as follows.

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 
     2012''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Scoring of budgetary effects.

                       TITLE I--CEMETERY MATTERS

Sec. 101. Furnishing caskets and urns for deceased veterans with no 
              known next of kin.
Sec. 102. Veterans freedom of conscience protection.
Sec. 103. Improved communication between Department of Veterans Affairs 
              and medical examiners and funeral directors.
Sec. 104. Identification and burial of unclaimed or abandoned human 
              remains.
Sec. 105. Exclusion of persons convicted of committing certain sex 
              offenses from interment or memorialization in national 
              cemeteries, Arlington National Cemetery, and certain 
              State veterans' cemeteries and from receiving certain 
              funeral honors.
Sec. 106. Restoration, operation, and maintenance of Clark Veterans 
              Cemetery by American Battle Monuments Commission.
Sec. 107. Report on compliance of Department of Veterans Affairs with 
              industry standards for caskets and urns.

                         TITLE II--HEALTH CARE

Sec. 201. Establishment of open burn pit registry.
Sec. 202. Transportation of beneficiaries to and from facilities of 
              Department of Veterans Affairs.
Sec. 203. Extension of reduced pension for certain veterans covered by 
              medicaid plans for services furnished by nursing 
              facilities.
Sec. 204. Extension of report requirement for Special Committee on 
              Post-Traumatic-Stress Disorder.

                        TITLE III--OTHER MATTERS

Sec. 301. Off-base transition training for veterans and their spouses.
Sec. 302. Requirement that judges on United States Court of Appeals for 
              Veterans Claims reside within 50 miles of District of 
              Columbia.
Sec. 303. Designation of Trinka Davis Veterans Village.
Sec. 304. Designation of William ``Bill'' Kling Department of Veterans 
              Affairs Outpatient Clinic.
Sec. 305. Designation of Mann-Grandstaff Department of Veterans Affairs 
              Medical Center.
Sec. 306. Designation of David F. Winder Department of Veterans Affairs 
              Community Based Outpatient Clinic.

     SEC. 2. SCORING OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                       TITLE I--CEMETERY MATTERS

     SEC. 101. FURNISHING CASKETS AND URNS FOR DECEASED VETERANS 
                   WITH NO KNOWN NEXT OF KIN.

       (a) In General.--Section 2306 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) The Secretary may furnish a casket or urn, of such 
     quality as the Secretary considers appropriate for a 
     dignified burial, for burial in a national cemetery of a 
     deceased veteran in any case in which the Secretary--
       ``(1) is unable to identify the veteran's next of kin, if 
     any; and
       ``(2) determines that sufficient resources for the 
     furnishing of a casket or urn for the burial of the veteran 
     in a national cemetery are not otherwise available.''; and
       (3) in subsection (h), as redesignated by paragraph (1), by 
     adding at the end the following new paragraph:
       ``(4) A casket or urn may not be furnished under subsection 
     (f) for burial of a person described in section 2411(b) of 
     this title.''.
       (b) Effective Date.--Subsections (f) and (h)(4) of section 
     2306 of title 38, United States Code, as added by subsection 
     (a), shall take effect on the date that is one year after the 
     date of the enactment of this Act and shall apply with 
     respect to deaths occurring on or after the date that is one 
     year after the date of the enactment of this Act.

     SEC. 102. VETERANS FREEDOM OF CONSCIENCE PROTECTION.

       (a) In General.--Section 2404 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h)(1) With respect to the interment or funeral, memorial 
     service, or ceremony of a deceased veteran at a national 
     cemetery, the Secretary shall ensure that--
       ``(A) the expressed wishes of the next of kin or other 
     agent of the deceased veteran are respected and given 
     appropriate deference when evaluating whether the proposed 
     interment or funeral, memorial service, or ceremony affects 
     the safety and security of the national cemetery and visitors 
     to the cemetery;
       ``(B) to the extent possible, all appropriate public areas 
     of the cemetery, including committal shelters, chapels, and 
     benches, may be

[[Page S8227]]

     used by the family of the deceased veteran for contemplation, 
     prayer, mourning, or reflection; and
       ``(C) during such interment or funeral, memorial service, 
     or ceremony, the family of the deceased veteran may display 
     any religious or other symbols chosen by the family.
       ``(2) Subject to regulations prescribed by the Secretary 
     under paragraph (4), including such regulations ensuring the 
     security of a national cemetery, the Secretary shall, to the 
     maximum extent practicable, provide to any military or 
     volunteer veterans honor guard, including such guards 
     belonging to a veterans service organization or other 
     nongovernmental group that provides services to veterans, 
     access to public areas of a national cemetery if such access 
     is requested by the next of kin or other agent of a deceased 
     veteran whose interment or funeral, memorial service, or 
     ceremony is being held in such cemetery.
       ``(3) With respect to the interment or funeral, memorial 
     service, or ceremony of a deceased veteran at a national 
     cemetery, the Secretary shall notify the next of kin or other 
     agent of the deceased veteran of funeral honors available to 
     the deceased veteran, including such honors provided by any 
     military or volunteer veterans honor guard described in 
     paragraph (2).
       ``(4) The Secretary shall prescribe regulations to carry 
     out this subsection.''.
       (b) Interim Implementation.--The Secretary may carry out 
     paragraphs (1) through (3) of section 2404(h) of such title, 
     as added by subsection (a), before the Secretary prescribes 
     regulations pursuant to paragraph (4) of such section, as so 
     added.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the implementation of section 
     2404(h) of such title, as added by subsection (a). Such 
     report shall include a certification of whether the Secretary 
     is in compliance with all of the provisions of such section.

     SEC. 103. IMPROVED COMMUNICATION BETWEEN DEPARTMENT OF 
                   VETERANS AFFAIRS AND MEDICAL EXAMINERS AND 
                   FUNERAL DIRECTORS.

       (a) In General.--Chapter 24 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2414. Communication between Department of Veterans 
       Affairs and medical examiners and funeral directors

       ``(a) Required Information.--With respect to each deceased 
     veteran described in subsection (b) who is transported to a 
     national cemetery for burial, the Secretary shall ensure that 
     the local medical examiner, funeral director, county service 
     group, or other entity responsible for the body of the 
     deceased veteran before such transportation submits to the 
     Secretary the following information:
       ``(1) Whether the deceased veteran was cremated.
       ``(2) The steps taken to ensure that the deceased veteran 
     has no next of kin.
       ``(b) Deceased Veteran Described.--A deceased veteran 
     described in this subsection is a deceased veteran--
       ``(1) with respect to whom the Secretary determines that 
     there is no next of kin or other person claiming the body of 
     the deceased veteran; and
       ``(2) who does not have sufficient resources for the 
     furnishing of a casket or urn for the burial of the deceased 
     veteran in a national cemetery, as determined by the 
     Secretary.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2413 the following new item:

``2414. Communication between Department of Veterans Affairs and 
              medical examiners and funeral directors.''.
       (c) Effective Date.--Section 2414 of title 38, United 
     States Code, as added by subsection (a), shall take effect on 
     the date of the enactment of this Act and shall apply with 
     respect to deaths occurring on or after the date that is 180 
     days after the date of the enactment of this Act.

     SEC. 104. IDENTIFICATION AND BURIAL OF UNCLAIMED OR ABANDONED 
                   HUMAN REMAINS.

       (a) Identification of Unclaimed or Abandoned Human 
     Remains.--The Secretary of Veterans Affairs shall cooperate 
     with veterans service organizations to assist entities in 
     possession of unclaimed or abandoned human remains in 
     determining if any such remains are the remains of veterans 
     or other individuals eligible for burial in a national 
     cemetery under the jurisdiction of the Secretary.
       (b) Burial of Unclaimed or Abandoned Human Remains.--
       (1) Funeral expenses.--Section 2302(a)(2) of title 38, 
     United States Code, is amended by striking ``who was a 
     veteran of any war or was discharged or released from the 
     active military, naval, or air service for a disability 
     incurred or aggravated in line of duty, whose body is held by 
     a State (or a political subdivision of a State), and''.
       (2) Transportation costs.--Section 2308 of such title is 
     amended--
       (A) by striking ``Where a veteran'' and all that follows 
     through ``compensation, the'' and inserting ``(a) In 
     General.--The'';
       (B) in subsection (a), as designated by subparagraph (A), 
     by inserting ``described in subsection (b)'' after ``of the 
     deceased veteran''; and
       (C) by adding at the end the following new subsection:
       ``(b) Deceased Veteran Described.--A deceased veteran 
     described in this subsection is any of the following 
     veterans:
       ``(1) A veteran who dies as the result of a service-
     connected disability.
       ``(2) A veteran who dies while in receipt of disability 
     compensation (or who but for the receipt of retirement pay or 
     pension under this title, would have been entitled to 
     compensation).
       ``(3) A veteran whom the Secretary determines is eligible 
     for funeral expenses under section 2302 of this title by 
     virtue of the Secretary determining that the veteran has no 
     next of kin or other person claiming the body of such veteran 
     pursuant to subsection (a)(2)(A) of such section.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act and shall apply with respect to 
     burials and funerals occurring on or after the date that is 
     one year after the date of the enactment of this Act.

     SEC. 105. EXCLUSION OF PERSONS CONVICTED OF COMMITTING 
                   CERTAIN SEX OFFENSES FROM INTERMENT OR 
                   MEMORIALIZATION IN NATIONAL CEMETERIES, 
                   ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE 
                   VETERANS' CEMETERIES AND FROM RECEIVING CERTAIN 
                   FUNERAL HONORS.

       (a) Prohibition Against.--Section 2411(b) of title 38, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(4) A person--
       ``(A) who has been convicted of a Federal or State crime 
     causing the person to be a tier III sex offender for purposes 
     of the Sex Offender Registration and Notification Act (42 
     U.S.C. 16901 et seq.);
       ``(B) who, for such crime, is sentenced to a minimum of 
     life imprisonment; and
       ``(C) whose conviction is final (other than a person whose 
     sentence was commuted by the President or Governor of a 
     State, as the case may be).''.
       (b) Conforming Amendments.--Section 2411(a)(2) of such 
     title is amended--
       (1) by striking ``or (b)(2)'' each place it appears and 
     inserting ``, (b)(2), or (b)(4)''; and
       (2) by striking ``capital'' each place it appears.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to interments and memorializations 
     that occur on or after the date of the enactment of this Act.

     SEC. 106. RESTORATION, OPERATION, AND MAINTENANCE OF CLARK 
                   VETERANS CEMETERY BY AMERICAN BATTLE MONUMENTS 
                   COMMISSION.

       (a) In General.--After an agreement is made between the 
     Government of the Republic of the Philippines and the United 
     States Government, Clark Veterans Cemetery in the Republic of 
     the Philippines shall be treated, for purposes of section 
     2104 of title 36, United States Code, as a cemetery for which 
     it was decided under such section that the cemetery will 
     become a permanent cemetery and the American Battle Monuments 
     Commission shall restore, operate, and maintain Clark 
     Veterans Cemetery (to the degree the Commission considers 
     appropriate) under such section in cooperation with the 
     Government of the Republic of the Philippines.
       (b) Limitation on Future Burials.--Burials at the cemetery 
     described in subsection (a) after the date of the agreement 
     described in such subsection shall be limited to eligible 
     veterans, as determined by the Commission, whose burial does 
     not incur any cost to the Commission.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission--
       (1) $5,000,000 for site preparation, design, planning, 
     construction, and associated administrative costs for the 
     restoration of the cemetery described in subsection (a); and
       (2) amounts necessary to operate and maintain the cemetery 
     described in subsection (a).

     SEC. 107. REPORT ON COMPLIANCE OF DEPARTMENT OF VETERANS 
                   AFFAIRS WITH INDUSTRY STANDARDS FOR CASKETS AND 
                   URNS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the compliance of the Department 
     of Veterans Affairs with industry standards for caskets and 
     urns.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of industry standards for caskets and 
     urns.
       (2) An assessment of compliance with such standards at 
     national cemeteries administered by the Department with 
     respect to caskets and urns used for the interment of those 
     eligible for burial at such cemeteries.

                         TITLE II--HEALTH CARE

     SEC. 201. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.

       (a) Establishment of Registry.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (A) establish and maintain an open burn pit registry for 
     eligible individuals who may

[[Page S8228]]

     have been exposed to toxic airborne chemicals and fumes 
     caused by open burn pits;
       (B) include any information in such registry that the 
     Secretary of Veterans Affairs determines necessary to 
     ascertain and monitor the health effects of the exposure of 
     members of the Armed Forces to toxic airborne chemicals and 
     fumes caused by open burn pits;
       (C) develop a public information campaign to inform 
     eligible individuals about the open burn pit registry, 
     including how to register and the benefits of registering; 
     and
       (D) periodically notify eligible individuals of significant 
     developments in the study and treatment of conditions 
     associated with exposure to toxic airborne chemicals and 
     fumes caused by open burn pits.
       (2) Coordination.--The Secretary of Veterans Affairs shall 
     coordinate with the Secretary of Defense in carrying out 
     paragraph (1).
       (b) Report to Congress.--
       (1) Reports by independent scientific organization.--The 
     Secretary of Veterans Affairs shall enter into an agreement 
     with an independent scientific organization to prepare 
     reports as follows:
       (A) Not later than two years after the date on which the 
     registry under subsection (a) is established, an initial 
     report containing the following:
       (i) An assessment of the effectiveness of actions taken by 
     the Secretaries to collect and maintain information on the 
     health effects of exposure to toxic airborne chemicals and 
     fumes caused by open burn pits.
       (ii) Recommendations to improve the collection and 
     maintenance of such information.
       (iii) Using established and previously published 
     epidemiological studies, recommendations regarding the most 
     effective and prudent means of addressing the medical needs 
     of eligible individuals with respect to conditions that are 
     likely to result from exposure to open burn pits.
       (B) Not later than five years after completing the initial 
     report described in subparagraph (A), a follow-up report 
     containing the following:
       (i) An update to the initial report described in 
     subparagraph (A).
       (ii) An assessment of whether and to what degree the 
     content of the registry established under subsection (a) is 
     current and scientifically up-to-date.
       (2) Submittal to congress.--
       (A) Initial report.--Not later than two years after the 
     date on which the registry under subsection (a) is 
     established, the Secretary of Veterans Affairs shall submit 
     to Congress the initial report prepared under paragraph 
     (1)(A).
       (B) Follow-up report.--Not later than five years after 
     submitting the report under subparagraph (A), the Secretary 
     of Veterans Affairs shall submit to Congress the follow-up 
     report prepared under paragraph (1)(B).
       (c) Definitions.--In this section:
       (1) Eligible individual.--The term ``eligible individual'' 
     means any individual who, on or after September 11, 2001--
       (A) was deployed in support of a contingency operation 
     while serving in the Armed Forces; and
       (B) during such deployment, was based or stationed at a 
     location where an open burn pit was used.
       (2) Open burn pit.--The term ``open burn pit'' means an 
     area of land located in Afghanistan or Iraq that--
       (A) is designated by the Secretary of Defense to be used 
     for disposing solid waste by burning in the outdoor air; and
       (B) does not contain a commercially manufactured 
     incinerator or other equipment specifically designed and 
     manufactured for the burning of solid waste.

     SEC. 202. TRANSPORTATION OF BENEFICIARIES TO AND FROM 
                   FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Chapter 1 of title 38, United States Code, 
     is amended by inserting after section 111 the following new 
     section:

     ``Sec. 111A. Transportation of individuals to and from 
       Department facilities

       ``(a) Transportation by Secretary.--(1) The Secretary may 
     transport any person to or from a Department facility or 
     other place in connection with vocational rehabilitation, 
     counseling required by the Secretary pursuant to chapter 34 
     or 35 of this title, or for the purpose of examination, 
     treatment, or care.
       ``(2) The authority granted by paragraph (1) shall expire 
     on the date that is one year after the date of the enactment 
     of this section.''.
       (b) Conforming Amendment.--Subsection (h) of section 111 of 
     such title is--
       (1) transferred to section 111A of such title, as added by 
     subsection (a);
       (2) redesignated as subsection (b);
       (3) inserted after subsection (a) of such section; and
       (4) amended by inserting ``Transportation by Third-
     parties.--'' before ``The Secretary''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 111 the following new 
     item:

``111A. Transportation of individuals to and from Department 
              facilities.''.

     SEC. 203. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS 
                   COVERED BY MEDICAID PLANS FOR SERVICES 
                   FURNISHED BY NURSING FACILITIES.

       Section 5503(d)(7) of title 38, United States Code, is 
     amended by striking ``September 30, 2016'' and inserting 
     ``November 30, 2016''.

     SEC. 204. EXTENSION OF REPORT REQUIREMENT FOR SPECIAL 
                   COMMITTEE ON POST-TRAUMATIC-STRESS DISORDER.

       Section 110(e)(2) of the Veterans' Health Care Act of 1984 
     (Public Law 98-528; 38 U.S.C. 1712A note) is amended by 
     striking ``through 2012'' and inserting ``through 2016''.

                        TITLE III--OTHER MATTERS

     SEC. 301. OFF-BASE TRANSITION TRAINING FOR VETERANS AND THEIR 
                   SPOUSES.

       (a) Provision of Off-base Transition Training.--During the 
     two-year period beginning on the date of the enactment of 
     this Act, the Secretary of Labor shall provide the Transition 
     Assistance Program under section 1144 of title 10, United 
     States Code, to eligible individuals at locations other than 
     military installations to assess the feasibility and 
     advisability of providing such program to eligible 
     individuals at locations other than military installations.
       (b) Eligible Individuals.--For purposes of this section, an 
     eligible individual is a veteran or the spouse of a veteran.
       (c) Locations.--
       (1) Number of states.--The Secretary shall carry out the 
     training under subsection (a) in not less than three and not 
     more than five States selected by the Secretary for purposes 
     of this section.
       (2) Selection of states with high unemployment.--Of the 
     States selected by the Secretary under paragraph (1), at 
     least two shall be States with high rates of unemployment 
     among veterans.
       (3) Number of locations in each state.--The Secretary shall 
     provide training under subsection (a) to eligible individuals 
     at a sufficient number of locations within each State 
     selected under this subsection to meet the needs of eligible 
     individuals in such State.
       (4) Selection of locations.--The Secretary shall select 
     locations for the provision of training under subsection (a) 
     to facilitate access by participants and may not select any 
     location on a military installation other than a National 
     Guard or reserve facility that is not located on an active 
     duty military installation.
       (d) Inclusion of Information About Veterans Benefits.--The 
     Secretary shall ensure that the training provided under 
     subsection (a) generally follows the content of the 
     Transition Assistance Program under section 1144 of title 10, 
     United States Code.
       (e) Annual Report.--Not later than March 1 of any year 
     during which the Secretary provides training under subsection 
     (a), the Secretary shall submit to Congress a report on the 
     provision of such training.
       (f) Comptroller General Report.--Not later than 180 days 
     after the termination of the one-year period described in 
     subsection (a), the Comptroller General of the United States 
     shall submit to Congress a report on the training provided 
     under such subsection. The report shall include the 
     evaluation of the Comptroller General regarding the 
     feasibility and advisability of carrying out off-base 
     transition training at locations nationwide.

     SEC. 302. REQUIREMENT THAT JUDGES ON UNITED STATES COURT OF 
                   APPEALS FOR VETERANS CLAIMS RESIDE WITHIN 50 
                   MILES OF DISTRICT OF COLUMBIA.

       (a) Residency Requirement.--
       (1) In general.--Section 7255 is amended to read as 
     follows:

     ``Sec. 7255. Offices, duty stations, and residences

       ``(a) Principal Office.--The principal office of the Court 
     of Appeals for Veterans Claims shall be in the Washington, 
     D.C., metropolitan area, but the Court may sit at any place 
     within the United States.
       ``(b) Official Duty Stations.--(1) Except as provided in 
     paragraph (2), the official duty station of each judge while 
     in active service shall be the principal office of the Court 
     of Appeals for Veterans Claims.
       ``(2) The place where a recall-eligible retired judge 
     maintains the actual abode in which such judge customarily 
     lives shall be considered the recall-eligible retired judge's 
     official duty station.
       ``(c) Residences.--(1) Except as provided in paragraph (2), 
     after appointment and while in active service, each judge of 
     the Court of Appeals for Veterans Claims shall reside within 
     50 miles of the Washington, D.C., metropolitan area.
       ``(2) Paragraph (1) shall not apply to recall-eligible 
     retired judges of the Court of Appeals for Veterans 
     Claims.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 72 is amended by striking the item 
     relating to section 7255 and inserting the following new 
     item:

``7255. Offices, duty stations, and residences.''.
       (b) Removal.--Section 7253(f)(1) is amended by striking 
     ``or engaging in the practice of law'' and inserting 
     ``engaging in the practice of law, or violating section 
     7255(c) of this title''.
       (c) Effective Date.--
       (1) In general.--Subsection (c) of section 7255, as added 
     by subsection (a), and the amendment made by subsection (b) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (2) Applicability.--The amendment made by subsection (b) 
     shall apply with respect to judges confirmed on or after 
     January 1, 2012.

     SEC. 303. DESIGNATION OF TRINKA DAVIS VETERANS VILLAGE.

       (a) Designation.--The facility of the Department of 
     Veterans Affairs located at 180

[[Page S8229]]

     Martin Drive in Carrollton, Georgia, shall after the date of 
     the enactment of this Act be known and designated as the 
     ``Trinka Davis Veterans Village''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Trinka Davis Veterans Village''.

     SEC. 304. DESIGNATION OF WILLIAM ``BILL'' KLING DEPARTMENT OF 
                   VETERANS AFFAIRS OUTPATIENT CLINIC.

       (a) Designation.--The facility of the Department of 
     Veterans Affairs located at 9800 West Commercial Boulevard in 
     Sunrise, Florida, shall after the date of the enactment of 
     this Act be known and designated as the ``William `Bill' 
     Kling Department of Veterans Affairs Outpatient Clinic''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``William `Bill' Kling Department of 
     Veterans Affairs Outpatient Clinic''.

     SEC. 305. DESIGNATION OF MANN-GRANDSTAFF DEPARTMENT OF 
                   VETERANS AFFAIRS MEDICAL CENTER.

       (a) Designation.--The Department of Veterans Affairs 
     medical center in Spokane, Washington, shall after the date 
     of the enactment of this Act be known and designated as the 
     ``Mann-Grandstaff Department of Veterans Affairs Medical 
     Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Department of Veterans Affairs medical center referred to in 
     subsection (a) shall be deemed to be a reference to the 
     ``Mann-Grandstaff Department of Veterans Affairs Medical 
     Center''.

     SEC. 306. DESIGNATION OF DAVID F. WINDER DEPARTMENT OF 
                   VETERANS AFFAIRS COMMUNITY BASED OUTPATIENT 
                   CLINIC.

       (a) Designation.--The Department of Veterans Affairs 
     community based outpatient clinic located in Mansfield, Ohio, 
     shall after the date of the enactment of this Act be known 
     and designated as the ``David F. Winder Department of 
     Veterans Affairs Community Based Outpatient Clinic''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Department of Veterans Affairs community based outpatient 
     clinic referred to in subsection (a) shall be deemed to be a 
     reference to the ``David F. Winder Department of Veterans 
     Affairs Community Based Outpatient Clinic''.

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