[Congressional Record (Bound Edition), Volume 158 (2012), Part 12]
[Senate]
[Pages 17168-17181]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3338. Mr. LEAHY (for Mr. Inouye (for himself and Mr. Lautenberg)) 
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 Congress as 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:

[[Page 17169]]

      Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (Public Law 99-177), as amended.

                                TITLE II

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $109,000,000, to remain available until 
     September 30, 2015, as follows--
       (1) $47,000,000 for the Coastal and Estuarine Land 
     Conservation Program to support State and local restoration 
     in areas affected by Hurricane Sandy;
       (2) $9,000,000 to repair National Oceanic and Atmospheric 
     Administration (NOAA) facilities damaged by Hurricane Sandy;
       (3) $44,500,000 for repairs and upgrades to NOAA hurricane 
     reconnaissance aircraft; and
       (4) $8,500,000 for improvements to weather forecasting 
     equipment and supercomputer infrastructure:
       Provided, That NOAA shall submit a spending plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate within 45 days after the date of enactment of 
     this Act:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                         DEPARTMENT OF JUSTICE

                         General Administration

                      office of inspector general

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

                    Federal Bureau of Investigation

                         salaries and expenses

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

                    Drug Enforcement Administration

                         salaries and expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

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

                         Federal Prison System

                        buildings and facilities

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

                                SCIENCE

             National Aeronautics and Space Administration

       construction and environmental compliance and restoration

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

                            RELATED AGENCIES

                       Legal Services Corporation

               payment to the legal services corporation

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

                               TITLE III

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                  Operation and Maintenance, Air Force

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $5,775,000, to remain available until 
     September 30, 2013, for necessary expenses related to the 
     consequences of Hurricane

[[Page 17170]]

     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 $29,500,000 
     of the funds provided herein, the Secretary shall expedite 
     and complete ongoing flood and storm damage reduction studies 
     in areas that were impacted by Hurricane Sandy in the North 
     Atlantic Division of the U.S. Army Corps of Engineers:  
     Provided further, That using up to $20,000,000 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 in areas along the Atlantic 
     Coast within the boundaries of the North Atlantic Division of 
     the Corps that was affected by Hurricane Sandy:  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 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 section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That the Assistant 
     Secretary of the Army for Civil Works shall provide a monthly 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act.

                                expenses

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

[[Page 17171]]



                                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

[[Page 17172]]

     Emergency Deficit Control Act of 1985:  Provided further, 
     That of the total amount provided, $6,108,735,000 is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     which shall be for major disasters declared pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.):  Provided further, That of the 
     total amount provided, $3,000,000 shall be transferred to the 
     Department of Homeland Security ``Office of Inspector 
     General'' for audits and investigations related to disasters.

            Disaster Assistance Direct Loan Program Account

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

                         Science and Technology

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                          systems acquisition

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 601. (a) Section 1309(a) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by 
     striking ``$20,725,000,000'' and inserting 
     ``$30,425,000,000''.
       (b) The amount provided by this section is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and as an emergency requirement pursuant 
     to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall be considered to have taken effect on December 12, 
     2012.
       Sec. 602.  The Administrator of the Federal Emergency 
     Management Agency, in cooperation with representatives of 
     State, tribal, and local governments may give greater weight 
     to the factors considered under section 206.48(b)(3) of title 
     44, Code of Federal Regulations, to accurately measure the 
     acute needs of a population following a disaster in order to 
     expedite a declaration of Individual Assistance under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
       Sec. 603.  For determinations regarding compliance with 
     codes and standards under the Federal Emergency Management 
     Agency Public Assistance program (42 U.S.C. 5172), the 
     Administrator of the Federal Emergency Management Agency, for 
     major disasters declared on or after August 27, 2011, shall 
     consider eligible the costs required to comply with a State's 
     Stream Alteration General Permit process, including any 
     design standards required to be met as a condition of permit 
     issuance.
       Sec. 604.  Notwithstanding any other provision of law, the 
     Administrator of the Federal Emergency Management may 
     recommend to the President an increase in the Federal cost 
     share of the eligible cost of permanent work under section 
     406 and of emergency work under section 403 and section 407 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172) for damages resulting from 
     Hurricane Sandy without delay.
       Sec. 605.  For any major disaster declared between August 
     27, 2011, and December 5, 2012, and any subsequent major 
     disaster declaration resulting from Hurricane Sandy or 
     Tropical Storm Sandy of 2012, the Administrator of the 
     Federal Emergency Management Agency shall establish a Pilot 
     Program for the Relocation of State Facilities, under which 
     the Administrator may fund under section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172), the permanent relocation of significantly 
     disaster damaged State facilities subject to flood risk, 
     including administrative office buildings, medical 
     facilities, laboratories, and related operating 
     infrastructure (heat, sewage, mechanical, electrical, and 
     plumbing), that 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. The Administrator may waive such regulations as 
     the Administrator determines necessary to carry out the Pilot 
     Program established under this section.
       Sec. 606.  Notwithstanding any other provision of law, the 
     Administrator of the Federal Emergency Management Agency 
     shall approve the construction of a permanent flood risk 
     reduction levee by a State, local, or tribal government 
     participating in the National Flood Insurance Program on land 
     acquired 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 in a Midwest state that received a Major Disaster 
     Declaration for flooding in 2011 if the Administrator and the 
     Chief of Engineers determines that such levee--
       (1) would more effectively mitigate against flooding;
       (2) be in compliance with Federal, State, and local 
     requirements; and
       (3) be maintained under an adequate State, local, or tribal 
     government plan that documents the procedures to be used 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 detailing the plan 
     for financing the maintenance of the levee, and shall submit 
     an annual certification of compliance to the Administrator 
     and the Chief of Engineers.
       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's Accountability Appropriations Act, 2007 (Public Law 
     110-28) to the extent that revenues of the local government 
     during the period following the major disaster are 
     insufficient to meet the budget of the local government, 
     including additional disaster-related expenses of a municipal 
     character. In calculating a community's revenues while 
     determining cancellation, the Administrator shall exclude 
     revenues for special districts and any other revenues that 
     are required by law to be disbursed to other units of local 
     government or used for specific purposes more limited than 
     the scope allowed by the General Fund. In calculating a 
     community's expenses, the Administrator shall include 
     disaster-related capital expenses for which the community has 
     not been reimbursed by Federal or insurance proceeds, debt 
     service expenses, and accrued but unpaid uncompensated 
     absences (vacation and sick pay). In calculating the 
     operating deficit of the local government, the Administrator 
     shall also consider all interfund transfers. When considering 
     the period following the disaster, the Administrator may 
     consider a period of 3, 5, or 7 full fiscal years after the 
     disaster, beginning on the date of the declaration, in 
     determining eligibility for cancellation. The criteria for 
     cancellation do not apply to those loans already cancelled in 
     full. Applicants shall submit supplemental documentation in 
     support of their applications for cancellation on or before 
     April 30, 2014, and the Administrator shall issue 
     determinations and resolve any appeals on or before April 30, 
     2015. Loans not cancelled in full shall be repaid not later 
     than September 30, 2035. The Administrator may use funds 
     provided under Public Law 109-88 to reimburse those 
     communities that have repaid all or a portion of loans, 
     including interest, provided as Special Community Disaster 
     Loans under Public Law 109-88 or Public Law 109-234, as 
     amended by section 4502 of Public Law 110-28. Further, the 
     Administrator may use funds provided under Public Law 109-88 
     for necessary expenses to carry out this provision:  
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 608.  The Inspector General shall review the 
     applications for public assistance provided through the 
     Disaster Relief Fund with a project cost that exceeds 
     $10,000,000 and the resulting decisions issued by the Federal 
     Emergency Management Agency for category A debris removal for 
     DR-1786 upon receipt of a request from an applicant made no 
     earlier than 90 days after filing an appeal with the Federal 
     Emergency Management Agency without regard to whether the 
     Administrator of the Federal Emergency Management Agency has 
     issued a final agency

[[Page 17173]]

     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) Streamlined Procedures.--For purposes of providing 
     assistance under this section, the President may establish 
     streamlined procedures, including procedures for 
     consideration of multiple structures as a group and for an 
     analysis of the environmental impacts, impacts to historic 
     properties, cost-effectiveness, and fulfillment of cost-share 
     requirements for proposed hazard mitigation measures.
       ``(e) Advance Assistance.--The President may provide not 
     more than 25 percent of the amount of the estimated cost of 
     hazard mitigation measures to a State grantee eligible for a 
     grant under this section before eligible costs are 
     incurred.''.
       (2) Establishment of criteria relating to administration of 
     hazard mitigation assistance by states.--Section 404(c)(2) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170c(c)(2)) is amended by 
     inserting ``Until such time as the Administrator promulgates 
     regulations to implement this paragraph, the Administrator 
     may waive notice and comment rulemaking if the Administrator 
     determines doing so is necessary to expeditiously implement 
     this section and may carry out the alternative procedures 
     under this section as a pilot program'' after ``applications 
     submitted under paragraph (1).''.
       (3) Applicability.--The authority under the amendments made 
     by this subsection shall apply for--
       (A) any major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) on or after the date of 
     enactment of this Act; and
       (B) a major disaster or emergency declared before the date 
     of enactment of this Act for which the period for processing 
     requests for assistance has not ended on the date of 
     enactment of this Act.
       (c) Public Assistance Program Alternative Procedures.--
     Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 
     amended--
       (1) by redesignating section 425 (42 U.S.C. 5189e) relating 
     to essential service providers, as added by section 607 of 
     the SAFE Port Act (Public Law 109-347; 120 Stat. 1941) as 
     section 427; and
       (2) by adding at the end the following:

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

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

[[Page 17174]]

       ``(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.
       ``(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.''.
       (g) Dispute Resolution Pilot Program.--
       (1) Definitions.--In this subsection--
       (A) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (B) the term ``eligible assistance'' means assistance--
       (i) under section 403, 406, or 407 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b, 5172, 5173);
       (ii) for which the legitimate amount in dispute is not less 
     than $1,000,000, which the Administrator shall adjust 
     annually to reflect changes in the Consumer Price Index for 
     all Urban Consumers published by the Department of Labor; and
       (iii) for which the applicant has a non-Federal share.
       (2) Procedures.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in order to facilitate an 
     efficient recovery from major disasters, the Administrator 
     shall establish procedures under which an applicant may 
     request the use of alternative dispute resolution, including 
     arbitration by an independent review panel, to resolve 
     disputes relating to eligible assistance.
       (B) Binding effect.--A decision by an independent review 
     panel under this subsection shall be binding upon the parties 
     to the dispute.
       (C) Considerations.--The procedures established under this 
     subsection shall--
       (i) allow a party of a dispute relating to eligible 
     assistance to request an independent review panel for the 
     review;
       (ii) require a party requesting an independent review panel 
     as described in clause (i) to agree to forego rights to any 
     further appeal of the dispute relating to any eligible 
     assistance;
       (iii) require that the sponsor of an independent review 
     panel for any alternative dispute resolution under this 
     subsection shall be--

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

       (iv) require an independent review panel to--

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

       (v) require an independent review panel to expeditiously 
     issue a written decision for any alternative dispute 
     resolution under this subsection; and
       (vi) direct that if an independent review panel for any 
     alternative dispute resolution under this subsection 
     determines that the basis upon which a party submits a 
     request for alternative dispute resolution is frivolous, the 
     independent review panel shall direct the party to pay the 
     reasonable costs of the Federal Emergency Management Agency 
     relating to the review by the independent review panel.
       (D) Funds received.--Any funds received by the Federal 
     Emergency Management Agency under the authority under this 
     subsection shall be deposited to the credit of the 
     appropriation or appropriations available for the eligible 
     assistance in dispute on the date on which the funds are 
     received.
       (3) Sunset.--A request for review by an independent review 
     panel under this subsection may not be made after December 
     31, 2015.
       (4) Report.--
       (A) In general.--Not later than 270 days after the 
     termination of authority under this subsection pursuant to 
     paragraph (3), the Comptroller General of the United States 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report analyzing the effectiveness of the 
     program under this subsection.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include--
       (i) a determination of the availability of data required to 
     complete the report;
       (ii) an assessment of the effectiveness of the program 
     under this subsection, including an assessment of whether the 
     program expedited or delayed the disaster recovery process;
       (iii) an assessment of whether the program increased or 
     decreased costs to administer section 403, 406, or 407 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act;
       (iv) an assessment of the procedures and safeguards that 
     the independent review panels established to ensure 
     objectivity and accuracy, and the extent to which they 
     followed those procedures and safeguards;
       (v) a recommendation as to whether any aspect of the 
     program under this subsection should be made a permanent 
     authority; and
       (vi) recommendations for any modifications to the authority 
     or the administration of the authority under this subsection 
     in order to improve the disaster recovery process.
       (h) Individual Assistance Factors.--In order to provide 
     more objective criteria for evaluating the need for 
     assistance to individuals and to speed a declaration of a 
     major disaster or emergency under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), not later than 1 year after the date of enactment 
     of this Act, the Administrator of the Federal Emergency 
     Management Agency, in cooperation with representatives of 
     State, tribal, and local emergency management agencies, shall 
     review, update, and revise through

[[Page 17175]]

     rulemaking the factors considered under section 206.48 of 
     title 44, Code of Federal Regulations (including section 
     206.48(b)(2) of such title relating to trauma and the 
     specific conditions or losses that contribute to trauma), to 
     measure the severity, magnitude, and impact of a disaster.
       (i) Child Care.--Section 408(e)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(e)(1)) is amended--
       (1) in the paragraph heading, by inserting ``Child care,'' 
     after ``Dental,''; and
       (2) by inserting ``child care,'' after ``dental,''.
       (j) Temporary Housing.--Section 408(c)(1)(B) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(c)(1)(B)) is amended--
       (1) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (2) by inserting after clause (i) the following:
       ``(ii) Lease and repair of rental units for temporary 
     housing.--

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

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

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

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

     ``SEC. 103. REFERENCES.

       ``Except as otherwise specifically provided, any reference 
     in this Act to `State and local', `State or local', `State, 
     and local', `State, or local', or `State, local' (including 
     the plural form of such terms) with respect to governments or 
     officials and any reference to a `local government' in 
     sections 406(d)(3) and 417 shall be deemed to refer also to 
     Indian tribal governments and officials, as appropriate.''.
       (5) Regulations.--
       (A) Issuance.--The President shall issue regulations to 
     carry out the amendments made by this subsection.
       (B) Factors.--In issuing regulations under this paragraph, 
     the President shall consider the unique conditions that 
     affect the general welfare of Indian tribal governments.
       (l) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Chair of the Hurricane Sandy 
     Rebuilding Task Force established by the President, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, the Secretary of the Treasury, and others 
     whom the Chair determines to be appropriate, shall submit to 
     the Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Appropriations and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes a discussion of--
       (1) the impacts of Hurricane Sandy on local government 
     budgets in States where a major disaster has been declared, 
     including revenues from taxes, fees, and other sources, and 
     expenses related to operations, debt obligations, and 
     unreimbursed disaster-related costs;
       (2) the availability of loans from private sources to 
     address such impacts, including information on interest 
     rates, repayment terms, securitization requirements, and the 
     ability of affected local governments to qualify for such 
     loans;
       (3) the availability of Federal resources to address the 
     budgetary impacts of Hurricane Sandy upon local governments;
       (4) the ability of the Community Disaster Loan program 
     authorized under section 417 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) 
     to effectively and expeditiously address budgetary impacts of 
     Hurricane Sandy and other disasters upon local governments, 
     including--
       (A) an assessment of the current statutory limits on loan 
     amounts;
       (B) the regulations, policies, and procedures governing 
     program mobilization to communities in need and expeditious 
     processing of loan applications;
       (C) information on interest rates, repayment terms, 
     securitization requirements, and ability of affected local 
     governments to qualify for such loans;
       (D) criteria governing the cancellation of such loans, 
     including appropriate classification of available revenues 
     and eligible expenses, and the consistency of program rules 
     with customary local government budgetary practices and State 
     or local laws that affect the specific budgetary practices of 
     local governments affected by Hurricane Sandy and other 
     disasters;
       (E) repayment terms and timeframes on loans that do not 
     qualify for cancellation;

[[Page 17176]]

       (F) options for Congressional consideration related to 
     legislative modifications of this program, and any other 
     applicable provisions of Federal law, in order to address the 
     budgetary impacts of Hurricane Sandy and other disasters upon 
     local governments; and
       (G) recommendations on steps the Federal Emergency 
     Management Agency may take in order to improve program 
     administration, effectiveness, communications, and speed; and
       (5) potential consequences of Federal action or inaction to 
     address the budgetary impacts of Hurricane Sandy upon local 
     governments.
       (m) Applicability.--Unless otherwise specified, this 
     section and the amendments made by this section shall apply 
     for--
       (1) any major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) on or after the date of 
     enactment of this Act; and
       (2) a major disaster or emergency declared before the date 
     of enactment of this Act for which the period for processing 
     requests for assistance has not ended on the date of 
     enactment of this Act.

                               TITLE VII

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service

                              construction

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

                         National Park Service

                       historic preservation fund

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

                              construction

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

             Bureau of Safety and Environmental Enforcement

                           oil spill research

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

                        Departmental Operations

                        office of the secretary

                     (including transfer of funds)

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

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

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

                     Hazardous Substance Superfund

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

                 Leaking Underground Storage Tank Fund

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

                   State and Tribal Assistance Grants

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

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

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

                          OTHER RELATED AGENCY

                        Smithsonian Institution

                         salaries and expenses

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

[[Page 17177]]



                               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 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

[[Page 17178]]

     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, 
     $100,000,000 shall be used to address the unmet needs of 
     impacted areas resulting from a major disaster declared 
     pursuant to the Robert T. Stafford Disaster Relief Act (42 
     U.S.C. 5121 et seq.) or for small, economically distressed 
     areas with a disaster declared in 2011 or 2012:  Provided 
     further, That funds shall be awarded directly to the State or 
     unit of general local government as a grantee at the 
     discretion of the Secretary:  Provided further, That the 
     Secretary shall allocate to grantees not less than 33 percent 
     of the funds provided under this heading within 60 days after 
     the enactment of this Act based on the best available data:  
     Provided further, That prior to the obligation of funds, a 
     grantee shall submit a plan to the Secretary for approval 
     detailing the proposed use of all funds, including criteria 
     for eligibility and how the use of these funds will address 
     long-term recovery and restoration of infrastructure and 
     housing and economic revitalization in the most impacted and 
     distressed areas:  Provided further, That the Secretary shall 
     by notice specify the criteria for approval of such plans 
     within 45 days of enactment of this Act:  Provided further, 
     That such funds may not be used for activities reimbursable 
     by, or for which funds are made available by, the Federal 
     Emergency Management Agency or the Army Corps of Engineers:  
     Provided further, That the final paragraph under the heading 
     Community Development Block Grants in title II of Public Law 
     105-276 (42 U.S.C. 5305 note) shall not apply to funds 
     provided under this heading:  Provided further, That funds 
     allocated under this heading shall not be considered relevant 
     to the non-disaster formula allocations made pursuant to 42 
     U.S.C. 5306:  Provided further, That a grantee may use up to 
     5 percent of its allocation for administrative costs:  
     Provided further, That the Secretary shall require that 
     grantees have established procedures to ensure timely 
     expenditure of funds and prevent any duplication of benefits 
     as defined by 42 U.S.C. 5155 and prevent fraud and abuse of 
     funds:  Provided further, That the Secretary shall provide 
     grantees with technical assistance on contracting and 
     procurement processes and shall require grantees, in 
     contracting or procuring for management and administration of 
     these funds, to incorporate performance requirements and 
     penalties into any such contracts or agreements and to 
     maintain information with respect to performance on the use 
     of any funds for management and administrative purposes:  
     Provided further, That in administering the funds under this 
     heading, the Secretary may waive, or specify alternative 
     requirements for, any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or the use by the recipient of 
     these funds (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     pursuant to a determination by the Secretary that good cause 
     exists for the waiver or alternative requirement and that 
     such action is not inconsistent with the overall purposes of 
     title I of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5301 et seq.):  Provided further, That 
     notwithstanding the previous proviso, recipients of funds 
     provided under this heading that use such funds to match or 
     supplement Federal assistance provided under sections 402, 
     403, 406, 407, or 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     may adopt, without review or public comment, any 
     environmental review, approval, or permit performed by a 
     Federal agency, and such adoption shall satisfy the 
     responsibilities of the recipient with respect to such 
     environmental review, approval, or permit:  Provided further, 
     That, notwithstanding 42 U.S.C. 5304(g)(2), the Secretary 
     may, upon receipt of a request for release of funds and 
     certification, immediately approve the release of funds for 
     an activity or project assisted under this heading if the 
     recipient has adopted an environmental review prepared under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) or the project is categorically excluded from 
     further review under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.):  Provided further, That a 
     waiver granted by the Secretary may not reduce the percentage 
     of funds which must be used for activities that benefit 
     persons of low and moderate income to less than 50 percent, 
     unless the Secretary specifically finds that there is a 
     compelling need to further reduce or eliminate the percentage 
     requirement:  Provided further, That the Secretary shall 
     publish in the Federal Register any waiver of any statute or 
     regulation that the Secretary administers pursuant to title I 
     of the Housing and Community Development Act of 1974 no later 
     than 5 days before the effective date of such waiver:  
     Provided further, That funds

[[Page 17179]]

     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 3339. Mr. LEAHY (for Mr. Inouye) proposed an amendment to 
amendment SA 3338 proposed by Mr. Leahy (for Mr. Inouye (for himself 
and Mr. Lautenberg)) 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:

       On page 16, line 8, strike ``was'', and insert ``were'' in 
     lieu thereof.
                                 ______
                                 
  SA 3340. 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 and insert the following:

     SEC. 501. SURETY BONDS.

       (a) Maximum Bond Amount.--Section 411(a)(1) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
     amended--
       (1) by inserting ``(A)'' after ``(1)'';
       (2) by striking ``does not exceed'' and all that follows 
     through the period at the end and inserting ``does not exceed 
     $6,500,000, as adjusted for inflation in accordance with 
     section 1908 of title 41, United States Code.''; and
       (3) by adding at the end the following:
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract amount 
     that does not exceed $10,000,000, if a contracting officer of 
     a Federal agency certifies that such a guarantee is 
     necessary.''.
       (b) Limitation of Liability.--Section 411(c)(1) of the 
     Small Business Investment Act of 1958 (15 U.S.C. 694b(c)(1)) 
     is amended by striking ``70 per centum'' and inserting ``90 
     percent''.
       (c) Denial of Liability.--Section 411 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694b) is amended--
       (1) by striking subsection (e) and inserting the following:
       ``(e) Reimbursement of Surety; Conditions.--Pursuant to any 
     such guarantee or agreement, the Administration shall 
     reimburse the surety, as provided in subsection (c) of this 
     section, except that the Administration shall be relieved of 
     liability (in whole or in part within the discretion of the 
     Administration) if--
       ``(1) the surety obtained such guarantee or agreement, or 
     applied for such reimbursement, by fraud or material 
     misrepresentation;
       ``(2) the total contract amount at the time of execution of 
     the bond or bonds exceeds $6,500,000;
       ``(3) the surety has breached a material term or condition 
     of such guarantee agreement; or
       ``(4) the surety has substantially violated the regulations 
     promulgated by the Administration pursuant to subsection 
     (d).''; and
       (2) by striking subsection (k), as added by section 
     508(b)(2) of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 158), and inserting the 
     following:
       ``(j) For bonds made or executed with the prior approval of 
     the Administration, the Administration shall not deny 
     liability to a surety based upon material information that 
     was provided as part of the guarantee application.''.
       (d) Size Standards.--Section 410 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694a) is amended by 
     striking paragraph (9), as added by section 508(c) of the

[[Page 17180]]

     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 158), and inserting the following:
       ``(9) Notwithstanding any other provision of law or any 
     rule, regulation, or order of the Administration, for 
     purposes of sections 410, 411, and 412 the term `small 
     business concern' means a business concern that meets the 
     size standard for the primary industry in which such business 
     concern, and the affiliates of such business concern, is 
     engaged, as determined by the Administrator in accordance 
     with the North American Industry Classification System.''.
                                 ______
                                 
  SA 3341. Mr. REID (for Mr. Whitehouse) proposed an amendment to the 
bill S. 1793, to amend title 28, United States Code, to clarify the 
statutory authority for the longstanding practice of the Department of 
Justice of providing investigatory assistance on request of State and 
local authorities with respect to certain serious violent crimes, 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 ``Investigative Assistance for 
     Violent Crimes Act of 2012''.

     SEC. 2. INVESTIGATION OF CERTAIN VIOLENT ACTS, SHOOTINGS, AND 
                   MASS KILLINGS.

       (a) Attorney General.--Title 28, United States Code, is 
     amended--
       (1) in section 530C(b)(1)(L)(i), by striking ``$2,000,000'' 
     and inserting ``$3,000,000''; and
       (2) in section 530C(b)(1), by adding at the end the 
     following--
       ``(M)(i) At the request of an appropriate law enforcement 
     official of a State or political subdivision, the Attorney 
     General may assist in the investigation of violent acts and 
     shootings occurring in a place of public use and in the 
     investigation of mass killings and attempted mass killings. 
     Any assistance provided under this subparagraph shall be 
     presumed to be within the scope of Federal office or 
     employment.
       ``(ii) For purposes of this subparagraph--
       ``(I) the term `mass killings' means 3 or more killings in 
     a single incident; and
       ``(II) the term `place of public use' has the meaning given 
     that term under section 2332f(e)(6) of title 18, United 
     States Code.''.
       (b) Secretary of Homeland Security.--Section 875 of the 
     Homeland Security Act of 2002 (6 U.S.C. 455) is amended by 
     adding at the end the following:
       ``(d) Investigation of Certain Violent Acts, Shootings, and 
     Mass Killings.--
       ``(1) In general.--At the request of an appropriate law 
     enforcement official of a State or political subdivision, the 
     Secretary, through deployment of the Secret Service or United 
     States Immigration and Customs Enforcement, may assist in the 
     investigation of violent acts and shootings occurring in a 
     place of public use, and in the investigation of mass 
     killings and attempted mass killings. Any assistance provided 
     by the Secretary under this subsection shall be presumed to 
     be within the scope of Federal office or employment.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) the term `mass killings' means 3 or more killings in 
     a single incident; and
       ``(B) the term `place of public use' has the meaning given 
     that term under section 2332f(e)(6) of title 18, United 
     States Code.''.
                                 ______
                                 
  SA 3342. Mr. REID (for Mr. Whitehouse) proposed an amendment to the 
bill H.R. 2076, to amend title 28, United States Code, to clarify the 
statutory authority for the longstanding practice of the Department of 
Justice of providing investigatory assistance on request of State and 
local authorities with respect to certain serious violent crimes, and 
for other purposes; as follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Investigative Assistance for 
     Violent Crimes Act of 2012''.

     SEC. 2. INVESTIGATION OF CERTAIN VIOLENT ACTS, SHOOTINGS, AND 
                   MASS KILLINGS.

       (a) Attorney General.--Title 28, United States Code, is 
     amended--
       (1) in section 530C(b)(1)(L)(i), by striking ``$2,000,000'' 
     and inserting ``$3,000,000''; and
       (2) in section 530C(b)(1), by adding at the end the 
     following--
       ``(M)(i) At the request of an appropriate law enforcement 
     official of a State or political subdivision, the Attorney 
     General may assist in the investigation of violent acts and 
     shootings occurring in a place of public use and in the 
     investigation of mass killings and attempted mass killings. 
     Any assistance provided under this subparagraph shall be 
     presumed to be within the scope of Federal office or 
     employment.
       ``(ii) For purposes of this subparagraph--
       ``(I) the term `mass killings' means 3 or more killings in 
     a single incident; and
       ``(II) the term `place of public use' has the meaning given 
     that term under section 2332f(e)(6) of title 18, United 
     States Code.''.
       (b) Secretary of Homeland Security.--Section 875 of the 
     Homeland Security Act of 2002 (6 U.S.C. 455) is amended by 
     adding at the end the following:
       ``(d) Investigation of Certain Violent Acts, Shootings, and 
     Mass Killings.--
       ``(1) In general.--At the request of an appropriate law 
     enforcement official of a State or political subdivision, the 
     Secretary, through deployment of the Secret Service or United 
     States Immigration and Customs Enforcement, may assist in the 
     investigation of violent acts and shootings occurring in a 
     place of public use, and in the investigation of mass 
     killings and attempted mass killings. Any assistance provided 
     by the Secretary under this subsection shall be presumed to 
     be within the scope of Federal office or employment.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) the term `mass killings' means 3 or more killings in 
     a single incident; and
       ``(B) the term `place of public use' has the meaning given 
     that term under section 2332f(e)(6) of title 18, United 
     States Code.''.
                                 ______
                                 
  SA 3343. Ms. KLOBUCHAR (for herself and Mr. Sessions) submitted an 
amendment intended to be proposed by her to the bill H.R. 4362, to 
provide effective criminal prosecutions for certain identity thefts, 
and for other purposes; which was referred to the Committee on the 
Judiciary; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stopping Tax Offenders and 
     Prosecuting Identity Theft Act of 2012'' or the ``STOP 
     Identity Theft Act of 2012''.

     SEC. 2. USE OF DEPARTMENT OF JUSTICE RESOURCES WITH REGARD TO 
                   TAX RETURN IDENTITY THEFT.

       (a) In General.--The Attorney General should make use of 
     all existing resources of the Department of Justice, 
     including any appropriate task forces, to bring more 
     perpetrators of tax return identity theft to justice.
       (b) Considerations to Be Taken Into Account.--In carrying 
     out this section, the Attorney General should take into 
     account the following:
       (1) The need to concentrate efforts in those areas of the 
     country where the crime is most frequently reported.
       (2) The need to coordinate with State and local authorities 
     for the most efficient use of their laws and resources to 
     prosecute and prevent the crime.
       (3) The need to protect vulnerable groups, such as 
     veterans, seniors, and minors (especially foster children) 
     from becoming victims or otherwise used in the offense.

     SEC. 3. VICTIMS OF IDENTITY THEFT MAY INCLUDE ORGANIZATIONS.

       Chapter 47 of title 18, United States Code, is amended--
       (1) in section 1028--
       (A) in subsection (a)(7), by inserting ``(including an 
     organization)'' after ``another person''; and
       (B) in subsection (d)(7), in the matter preceding 
     subparagraph (A), by inserting ``or other person'' after 
     ``specific individual''; and
       (2) in section 1028A(a)(1), by inserting ``(including an 
     organization)'' after ``another person''.

     SEC. 4. IDENTITY THEFT FOR PURPOSES OF TAX FRAUD.

       Section 1028(b)(3) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(D) during and in relation to a felony under section 7206 
     or 7207 of the Internal Revenue Code of 1986;''.

     SEC. 5. REPORTING REQUIREMENT.

       (a) Generally.--Beginning with the first report made more 
     than 9 months after the date of the enactment of this Act 
     under section 1116 of title 31, United States Code, the 
     Attorney General shall include in such report the information 
     described in subsection (b) of this section as to progress in 
     implementing this Act and the amendments made by this Act.
       (b) Contents.--The information referred to in subsection 
     (a) is as follows:
       (1) Information readily available to the Department of 
     Justice about trends in the incidence of tax return identity 
     theft.
       (2) The effectiveness of statutory tools, including those 
     provided by this Act, in aiding the Department of Justice in 
     the prosecution of tax return identity theft.
       (3) Recommendations on additional statutory tools that 
     would aid in removing barriers to effective prosecution of 
     tax return identity theft.
       (4) The status on implementing the recommendations of the 
     Department's March 2010 Audit Report 10-21 entitled ``The 
     Department of Justice's Efforts to Combat Identity Theft''.
                                 ______
                                 
  SA 3344. Mr. BINGAMAN submitted an amendment intended to be proposed

[[Page 17181]]

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. __. APPROVAL OF THE 2010 U.S.-PALAU AGREEMENT IN 
                   RESPONSE TO SUPER TYPHOON BOPHA.

       (a) In General.--The agreement entitled ``The Agreement 
     Between the Government of the United States of America and 
     the Government of the Republic of Palau Following the Compact 
     of Free Association Section 432 Review'' signed on September 
     3, 2010 (including the appendices to the agreement) (referred 
     to in this section as the ``Agreement'') is approved (other 
     than Article 7 to the extent it extends Article X of the 
     Federal Programs and Services Agreement) and may only enter 
     into force after the Secretary of State, in coordination with 
     the Secretary of the Interior, enters into an implementing 
     arrangement with the Republic of Palau that makes the 
     adjustments to dates and amounts as set forth in Senate 
     Amendment 3331.
       (b) Amendment.--Section 105(f)(1)(B)(ix) of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S. C. 
     1921d(f)(1)(B)(ix)) is amended by striking ``2009'' and 
     inserting ``2024''.
       (c) Funding.--
       (1) In general.--There are appropriated to the Secretary of 
     the Interior such sums as are specified to carry out sections 
     1, 2(a), 4(a), and 5 of the Agreement for each of fiscal 
     years 2014 through 2024.
       (2) Availability.--Amounts appropriated under paragraph (1) 
     shall remain available until expended.
       (3) Emergency designation.--Amounts appropriated under 
     paragraph (1) are designated by Congress as being for an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)).
                                 ______
                                 
  SA 3345. Mrs. HAGAN (for Ms. Landrieu) proposed an amendment to the 
bill S. 3472, to amend the Family Educational Rights and Privacy Act of 
1974 to provide improvements to such Act; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Uninterrupted Scholars Act 
     (USA)''.

     SEC. 2. FAMILY EDUCATIONAL RIGHTS AND PRIVACY.

       Section 444(b) of the General Education Provisions Act (20 
     U.S.C. 1232g(b)) (commonly known as the ``Family Educational 
     Rights and Privacy Act of 1974'') is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (J)(ii), by striking ``and'' after the 
     semicolon at the end;
       (B) in subparagraph (K)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (C) by inserting after subparagraph (K), the following:
       ``(L) an agency caseworker or other representative of a 
     State or local child welfare agency, or tribal organization 
     (as defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S. C. 450b)), who has the 
     right to access a student's case plan, as defined and 
     determined by the State or tribal organization, when such 
     agency or organization is legally responsible, in accordance 
     with State or tribal law, for the care and protection of the 
     student, provided that the education records, or the 
     personally identifiable information contained in such 
     records, of the student will not be disclosed by such agency 
     or organization, except to an individual or entity engaged in 
     addressing the student's education needs and authorized by 
     such agency or organization to receive such disclosure and 
     such disclosure is consistent with the State or tribal laws 
     applicable to protecting the confidentiality of a student's 
     education records.''; and
       (2) in paragraph (2)(B), by inserting ``, except when a 
     parent is a party to a court proceeding involving child abuse 
     and neglect (as defined in section 3 of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5101 note)) or 
     dependency matters, and the order is issued in the context of 
     that proceeding, additional notice to the parent by the 
     educational agency or institution is not required'' after 
     ``educational institution or agency''.

                          ____________________