[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-2
113th Congress

An Act


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

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

DIVISION <>  A--
DISASTER RELIEF APPROPRIATIONS ACT, 2013

TITLE I

DEPARTMENT OF AGRICULTURE

DOMESTIC FOOD PROGRAMS

Food and Nutrition Service

commodity assistance program

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

[[Page 5]]

TITLE II

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

investigations

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

[[Page 6]]

construction

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

operation and maintenance

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

flood control and coastal emergencies

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

TITLE III

Small Business Administration

salaries and expenses

For an additional amount for ``Salaries and Expenses'', $10,000,000
for grants to or cooperative agreements with organizations to provide
technical assistance related to disaster recovery, response, and long
term resiliency to small businesses that are

[[Page 7]]

recovering from Hurricane Sandy: Provided, That the Small Business
Administration shall expedite the delivery of assistance in disaster-
affected areas: Provided further, <> That the Administrator of the Small Business
Administration may waive the matching requirements under section
21(a)(4)(A) and 29(c) of the Small Business Act for any grant made using
funds made available under this heading: Provided
further, <> That no later than 30
days after the date of enactment of this division, or no less than 7
days prior to obligation of funds, whichever occurs earlier, the
Administrator of the Small Business Administration shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed expenditure plan for funds provided under this
heading: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.

office of inspector general

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

disaster loans program account

(including transfer of funds)

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

[[Page 8]]

TITLE IV

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

acquisition, construction, and improvements

(including transfer of funds)

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

Federal Emergency Management Agency

disaster relief fund

(including transfer of funds)

For an additional amount for the ``Disaster Relief Fund'' for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $5,379,000,000,
to remain available until expended, of which $3,000,000 shall be
transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters: Provided,
That such amount is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, <> That the Administrator of the Federal Emergency
Management Agency shall publish on the Agency's website not later than
24 hours after an award of a public assistance grant under section 406
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172) that is in excess of $1,000,000, the specifics of each
such grant award: Provided further, <> That for any mission assignment or mission assignment task
order to another Federal department or agency regarding a major
disaster, not later than 24 hours after the issuance of a mission
assignment or task order in excess of $1,000,000, the Administrator
shall publish on the Agency's website the following: the name of the
impacted State and the disaster declaration for such State, the assigned
agency, the assistance requested, a description of the disaster, the
total cost estimate, and the amount obligated: Provided
further, <> That not later than 10 days after the last
day of each month until the mission assignment or task order

[[Page 9]]

is completed and closed out, the Administrator shall update any changes
to the total cost estimate and the amount obligated: Provided
further, <> That for a disaster declaration related to Hurricane Sandy,
the Administrator shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of enactment of
this division, and shall publish on the Agency's website not later than
10 days after the first day of each such month, an estimate or actual
amount, if available, for the current fiscal year of the cost of the
following categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any other
relevant category (including emergency measures and disaster resources):
Provided further, <> That not later than 10 days after the first day of
each month beginning after the date of enactment of this division, the
Administrator shall publish on the Agency's website the report (referred
to as the Disaster Relief Monthly Report) <> as required by
Public Law 112-74.

Science and Technology

research, development, acquisition, and operations

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

Domestic Nuclear Detection Office

systems acquisition

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

General Provision--This Title

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

[[Page 10]]

TITLE V

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

construction

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

National Park Service

construction

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

Bureau of Safety and Environmental Enforcement

oil spill research

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

TITLE VI

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

public health and social services emergency fund

(including transfers of funds)

For an additional amount for ``Public Health and Social Services
Emergency Fund'' for disaster response and recovery, and other expenses
directly related to Hurricane Sandy, including making payments under the
Head Start Act and additional payments for distribution as provided for
under the ``Social Services Block Grant Program'', $100,000,000, to
remain available until September 30, 2014: Provided, That not less than
$25,000,000 shall be transferred to ``Children and Families Services
Programs'' for the Head Start program for the purposes provided herein:
Provided further, That not less than $25,000,000 shall be transferred to
``Social Services Block Grant'' for the purposes provided herein:
Provided further,

[[Page 11]]

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

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RELATED AGENCIES

Social Security Administration

limitation on administrative expenses

(including transfer of funds)

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

TITLE VII

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Army National Guard

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

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

medical services

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

medical facilities

For an additional amount for ``Medical Facilities'' for necessary
expenses related to the consequences of Hurricane Sandy,

[[Page 13]]

$6,000,000, to remain available until September 30, 2014: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.

National Cemetery Administration

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

Departmental Administration

information technology systems

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

construction, major projects

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

TITLE VIII

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

facilities and equipment

(airport and airway trust fund)

For an additional amount for ``Facilities and Equipment'',
$14,600,000, to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2013, for necessary expenses
related to the consequences of Hurricane Sandy: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section

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

Federal Railroad Administration

operating subsidy grants to the national railroad passenger corporation

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

Federal Transit Administration

public transportation emergency relief program

(including transfer of funds)

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

[[Page 15]]

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

(including transfer of funds)

For an additional amount for ``Community Development Fund'',
$3,850,000,000, to remain available until September 30, 2017, for
necessary expenses related to disaster relief, long-term recovery,
restoration of infrastructure and housing, and economic revitalization
in the most impacted and distressed areas resulting from a major
disaster declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane
Sandy, for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided,
That funds shall be allocated directly to States and units of general
local government at the discretion of the Secretary of Housing and Urban
Development: Provided further, <> That within
60 days after the enactment of this division, the Secretary shall
allocate to grantees all funds provided under this heading based on the
best available <> data: Provided further, That
as a condition of eligibility for receipt of such funds, a grantee shall
submit a plan to the Secretary detailing the proposed use of all funds,
including criteria for eligibility and how the use of such funds will
address long-term recovery, restoration of infrastructure and housing,
and economic revitalization in the most impacted and distressed areas:
Provided
further, <> That the Secretary shall, by notice issued within 45
days of enactment of this division, specify criteria for approval of
plans, and, if the Secretary determines that a plan does not meet such
criteria, the Secretary shall disapprove the plan: Provided further,
That as a condition of making any grant, the Secretary shall certify in
advance that such grantee has in place proficient financial controls and
procurement processes and has established adequate procedures to prevent
any duplication of benefits as defined by section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155),
to ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted with these
funds, and to detect and prevent waste, fraud, and abuse of funds:
Provided further, That funds provided under this heading may not be used
for activities reimbursable by or for which funds are made available by
the Federal Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That a grantee may use up to 5
percent of its overall allocation for administrative costs: Provided
further, That a grantee shall administer grant funds provided under this
heading in accordance with all applicable laws and regulations and may
not delegate, by contract or otherwise, the responsibility for
administering such grant funds: Provided
further, <> That the Secretary shall provide grantees
with technical assistance on contracting and procurement processes and
shall require grantees, in contracting or procuring these funds, to
incorporate performance

[[Page 16]]

requirements and penalties into any such contracts or agreements:
Provided further, <> That the
Secretary shall require grantees to maintain on a public website
information accounting for how all grant funds are used, including
details of all contracts and ongoing procurement processes: Provided
further, That, in administering the funds under this heading, the
Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use of these
funds by a grantee (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) upon a request
by a grantee explaining why such waiver is required to facilitate the
use of such funds and pursuant to a determination by the Secretary that
good cause exists for the waiver or alternative requirement and that
such action is not inconsistent with the overall purposes of title I of
the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.) or this heading: Provided further, That, notwithstanding the
preceding proviso, recipients of funds provided under this heading that
use such funds to supplement Federal assistance provided under section
402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt,
without review or public comment, any environmental review, approval, or
permit performed by a Federal agency, and such adoption shall satisfy
the responsibilities of the recipient with respect to such environmental
review, approval or permit under section 104(g)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(1)): Provided
further, That, notwithstanding section 104(g)(2) of such Act (42 U.S.C.
5304(g)(2)), the Secretary may, upon receipt of a request for release of
funds and certification, immediately approve the release of funds for an
activity or project assisted under this heading if the recipient has
adopted an environmental review, approval or permit under the preceding
proviso or the activity or project is categorically excluded from review
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.): Provided further, That a waiver granted by the Secretary may not
reduce the percentage of funds that must be used for activities that
benefit persons of low and moderate income to less than 50 percent,
unless the Secretary specifically finds that there is compelling need to
further reduce the percentage requirement: Provided
further, <> That the
Secretary shall publish in the Federal Register any waiver or
alternative requirement made by the Secretary with respect to any
statute or regulation no later than 5 days before the effective date of
such waiver or alternative requirement: Provided further, That, of the
funds made available under this heading, up to $4,000,000 may be
transferred to Program Office Salaries and Expenses, Community Planning
and Development for necessary costs, including information technology
costs, of administering and overseeing funds made available under this
heading: Provided further, That, of the funds made available under this
heading, $4,000,000 shall be transferred to Office of the Inspector
General for necessary costs of overseeing and auditing funds made
available under this heading: Provided further, That funds provided
under this heading are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 17]]

Administrative Provision--Department of Housing and Urban Development

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

TITLE IX

GENERAL PROVISIONS--THIS DIVISION

Sec. 901.  Each amount appropriated or made available in this
division is in addition to amounts otherwise appropriated for the fiscal
year involved.
Sec. 902.  <> Each amount designated
in this division by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.

Sec. 903.  <> No part of any
appropriation contained in this division shall remain available for
obligation beyond the current fiscal year unless expressly so provided
herein.

Sec. 904. (a)(1) <> Not later
than March 31, 2013, in accordance with criteria to be established by
the Director of the Office of Management and Budget (referred to in this
section as ``OMB''), each Federal agency shall submit to OMB, the
Government Accountability Office, the respective Inspector General of
each agency, and the Committees on Appropriations of the House of
Representatives and the Senate internal control plans for funds provided
by this division.

(2) <>  Not later than June 30, 2013, the Government
Accountability Office shall review for the Committees on Appropriations
of the House of Representatives and the Senate the design of the
internal control plans required by paragraph (1).

(b) All programs and activities receiving funds under this division
shall be deemed to be ``susceptible to significant improper payments''
for purposes of the Improper Payments Information Act of 2002 (31 U.S.C.
3321 note), notwithstanding section 2(a) of such Act.
(c) <>  Funds for grants provided by this division
shall be expended by the grantees within the 24-month period following
the agency's obligation of funds for the grant, unless, in accordance
with guidance to be issued by the Director of OMB, the Director waives
this requirement for a particular grant program and submits a written
justification for such waiver to the Committees on Appropriations of the
House of Representatives and the Senate. In the case of such grants, the
agency shall include a term in the grant that requires the grantee to
return to the agency any funds not expended within the 24-month period.

[[Page 18]]

(d) <>  Through September 30, 2015, the Recovery
Accountability and Transparency Board shall develop and use information
technology resources and oversight mechanisms to detect and remediate
waste, fraud, and abuse in the obligation and expenditure of funds
appropriated in this or any other Act for any fiscal year of such period
for purposes related to the impact of Hurricane Sandy: Provided, That
the Board shall coordinate its oversight efforts with the Director of
OMB, the head of each Federal agency receiving appropriations related to
the impact of Hurricane Sandy, and the respective Inspector General of
each such agency: Provided further, That
the <> Board shall submit quarterly reports to
the Committees on Appropriations of the House of Representatives and the
Senate on its activities related to funds appropriated for the impact of
Hurricane Sandy.

TITLE X

ADDITIONAL DISASTER ASSISTANCE

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Office of the Secretary

emergency conservation activities

(including transfer of funds)

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

GENERAL PROVISION--THIS CHAPTER

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

[[Page 19]]

CHAPTER 2

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

operations, research, and facilities

For an additional amount for ``Operations, Research, and
Facilities'', $290,000,000 (reduced by $150,000,000) to remain available
until September 30, 2014, as follows:
(1) $50,000,000 for mapping, charting, geodesy services and
marine debris surveys for coastal States impacted by Hurricane
Sandy;
(2) $7,000,000 to repair and replace ocean observing and
coastal monitoring assets damaged by Hurricane Sandy;
(3) $3,000,000 to provide technical assistance to support
State assessments of coastal impacts of Hurricane Sandy;
(4) $25,000,000 to improve weather forecasting and hurricane
intensity forecasting capabilities, to include data assimilation
from ocean observing platforms and satellites;
(5) $50,000,000 for laboratories and cooperative institutes
research activities associated with sustained observations
weather research programs, and ocean and coastal research; and
(6) $5,000,000 for necessary expenses related to fishery
disasters during calendar year 2012 that were declared by the
Secretary of Commerce as a direct result of impacts from
Hurricane Sandy:

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

procurement, acquisition and construction

For an additional amount for ``Procurement, Acquisition and
Construction'', $186,000,000, to remain available until September 30,
2015, as follows:
(1) $9,000,000 to repair National Oceanic and Atmospheric
Administration (NOAA) facilities damaged by Hurricane Sandy;
(2) $44,500,000 for repairs and upgrades to NOAA hurricane
reconnaissance aircraft;
(3) $8,500,000 for improvements to weather forecasting
equipment and supercomputer infrastructure;
(4) $13,000,000 to accelerate the National Weather Service
ground readiness project; and
(5) $111,000,000 for a weather satellite data mitigation gap
reserve fund:

Provided, <> That NOAA shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date of
enactment of this division: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section

[[Page 20]]

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

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

salaries and expenses

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

Drug Enforcement Administration

salaries and expenses

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

Bureau of Alcohol, Tobacco, Firearms and Explosives

salaries and expenses

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

Federal Prison System

buildings and facilities

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

SCIENCE

National Aeronautics and Space Administration

construction and environmental compliance and restoration

For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair at National Aeronautics and
Space Administration facilities damaged by Hurricane Sandy,

[[Page 21]]

$15,000,000, to remain available until September 30, 2014: Provided,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.

RELATED AGENCIES

Legal Services Corporation

payment to the legal services corporation

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

CHAPTER 3

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE--MILITARY

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

[[Page 22]]

Operation and Maintenance, Navy

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

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

PROCUREMENT

Procurement of Ammunition, Army

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital Funds'',
$24,200,000, to remain available until September 30, 2013, for necessary
expenses related to the consequences of Hurricane Sandy:

[[Page 23]]

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

CHAPTER 4

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

investigations

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

[[Page 24]]

That the amounts in this paragraph are designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, <> That the Assistant
Secretary of the Army for Civil Works shall provide a monthly report to
the Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds, beginning
not later than 60 days after enactment of this division.

construction

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

[[Page 25]]

Sandy within the boundaries of the North Atlantic Division of the Corps:
Provided further, That $9,000,000 of the funds provided under this
heading shall be used for repairs to projects that were under
construction and damaged by the impacts of Hurricane Sandy: Provided
further, <> That any projects using funds appropriated
under this heading shall be initiated only after non-Federal interests
have entered into binding agreements with the Secretary requiring the
non-Federal interests to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs of the project and to hold
and save the United States free from damages due to the construction or
operation and maintenance of the project, except for damages due to the
fault or negligence of the United States or its contractors: Provided
further, <> That the Assistant Secretary of
the Army for Civil Works shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a monthly
report detailing the allocation and obligation of these funds, beginning
not later than 60 days after the date of the enactment of this division.

operation and maintenance

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

flood control and coastal emergencies

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

[[Page 26]]

and the Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after enactment of this division.

expenses

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

GENERAL PROVISION--THIS CHAPTER

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

CHAPTER 5

General Services Administration

real property activities

federal buildings fund

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

Small Business Administration

salaries and expenses

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

office of inspector general

For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided
further, <> That this paragraph shall apply in
place of the previous

[[Page 27]]

provisions under this heading in title III of this division, and such
previous provisions shall have no force or effect.

disaster loans program account

(including transfers of funds)

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

CHAPTER 6

DEPARTMENT OF HOMELAND SECURITY

United States Customs and Border Protection

salaries and expenses

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

United States Immigration and Customs Enforcement

salaries and expenses

For an additional amount for ``Salaries and Expenses'' for necessary
expenses related to the consequences of Hurricane Sandy, $855,000:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, <> That a description of all
property

[[Page 28]]

to be replaced, with associated costs, shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate no later than 90 days after the date of enactment of this
division.

United States Secret Service

salaries and expenses

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

Coast Guard

acquisition, construction, and improvements

(including transfer of funds)

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

Federal Emergency Management Agency

disaster relief fund

(including transfer of funds)

For an additional amount for the ``Disaster Relief Fund'' in
carrying out the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $11,487,735,000, to remain
available until expended: Provided, That of the total amount provided,
$5,379,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That the amount in the preceding
proviso is designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That of the total amount
provided, $6,108,735,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 which shall be
for major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That of the total amount provided, $3,000,000 shall be
transferred to the Department of Homeland Security ``Office of Inspector
General'' for audits and investigations related to disasters: Provided
further, <> That the Administrator
of the Federal Emergency Management Agency shall publish on the Agency's
website not later than 24 hours after an award of a public assistance
grant under section 406 of the Robert T. Stafford Disaster Relief and

[[Page 29]]

Emergency Assistance Act (42 U.S.C. 5172) the specifics of the grant
award: Provided further, <> That for any
mission assignment or mission assignment task order to another Federal
department or agency regarding a major disaster, not later than 24 hours
after the issuance of the mission assignment or task order, the
Administrator shall publish on the Agency's website the following: the
name of the impacted state and the disaster declaration for such State,
the assigned agency, the assistance requested, a description of the
disaster, the total cost estimate, and the amount obligated: Provided
further, <> That not later than 10 days
after the last day of each month until the mission assignment or task
order is completed and closed out, the Administrator shall update any
changes to the total cost estimate and the amount obligated: Provided
further, <> That for a disaster declaration related to Hurricane Sandy,
the Administrator shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of enactment of
this division, and shall publish on the Agency's website not later than
10 days after the first day of each such month, an estimate or actual
amount, if available, for the current fiscal year of the cost of the
following categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any other
relevant category (including emergency measures and disaster resources):
Provided further, <> That not later than 10 days after the first day of
each month beginning after the date of enactment of this division, the
Administrator shall publish on the Agency's website the report (referred
to as the Disaster Relief Monthly Report) as required by Public Law 112-
74: Provided further, <> That this paragraph shall
apply in place of the previous provisions under this heading in title IV
of this division, and such previous provisions shall have no force or
effect.

disaster assistance direct loan program account

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

Science and Technology

research, development, acquisition, and operations

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

[[Page 30]]

CHAPTER 7

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

construction

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

National Park Service

historic preservation fund

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

construction

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

Departmental Operations

office of the secretary

(including transfers of funds)

For an additional amount for ``Departmental Operations'' and any
Department of the Interior component bureau or office for necessary
expenses related to the consequences of Hurricane Sandy, $360,000,000,
to remain available until expended: Provided, That funds appropriated
herein shall be used to restore and rebuild national parks, national
wildlife refuges, and other Federal public assets; increase the
resiliency and capacity of coastal habitat and infrastructure to
withstand storms and reduce the amount of damage caused by such storms:
Provided further, That the Secretary of the Interior may transfer these
funds to any other account in the Department and may expend such funds
by direct expenditure, grants, or cooperative agreements, including
grants to or cooperative agreements with States, Tribes, and
municipalities, to

[[Page 31]]

carry out the purposes provided herein: Provided
further, <> That the Secretary shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spending plan for the amounts
provided herein within 60 days of enactment of this division: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

ENVIRONMENTAL PROTECTION AGENCY

Environmental Programs and Management

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

Hazardous Substance Superfund

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

Leaking Underground Storage Tank Fund

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

State and Tribal Assistance Grants

For an additional amount for ``State and Tribal Assistance Grants'',
$600,000,000, to remain available until expended, of which $500,000,000
shall be for capitalization grants for the Clean Water State Revolving
Funds under title VI of the Federal Water Pollution Control Act, and of
which $100,000,000 shall be for capitalization grants under section 1452
of the Safe Drinking Water Act: Provided, That notwithstanding section
604(a) of the Federal Water Pollution Control Act and section
1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein
shall be provided to States in EPA Region 2 for wastewater and drinking
water treatment works and facilities impacted by Hurricane Sandy:
Provided further, That notwithstanding the requirements of section
603(d) of the Federal Water Pollution Control Act, for the funds
appropriated herein, each State shall use not less than 20 percent but
not more than 30 percent of the amount of its capitalization grants to
provide

[[Page 32]]

additional subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants or any
combination of these: Provided further, That the funds appropriated
herein shall only be used for eligible projects whose purpose is to
reduce flood damage risk and vulnerability or to enhance resiliency to
rapid hydrologic change or a natural disaster at treatment works as
defined by section 212 of the Federal Water Pollution Control Act or any
eligible facilities under section 1452 of the Safe Drinking Water Act,
and for other eligible tasks at such treatment works or facilities
necessary to further such purposes: Provided further, That the
Administrator of the Environmental Protection Agency may retain up to
$1,000,000 of the funds appropriated herein for management and
oversight: Provided further, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.

RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

capital improvement and maintenance

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

OTHER RELATED AGENCY

Smithsonian Institution

salaries and expenses

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

CHAPTER 8

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

(including transfers of funds)

For <>  an additional amount for ``Training and
Employment Services'', $25,000,000, for the dislocated workers
assistance national

[[Page 33]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

public health and social services emergency fund

(including transfers of funds)

For an additional amount for ``Public Health and Social Services
Emergency Fund'' for disaster response and recovery, and other expenses
directly related to Hurricane Sandy, including making payments under the
Head Start Act and additional payments for distribution as provided for
under the ``Social Services Block Grant Program'', $800,000,000, to
remain available until September 30, 2015: Provided, That $100,000,000
shall be transferred to ``Children and Families Services Programs'' for
the Head Start program for the purposes provided herein: Provided
further, That $500,000,000 shall be transferred to ``Social Services
Block Grant'' for the purposes provided herein: Provided
further, <> That section 2002(c) of the Social
Security Act shall be applied to funds appropriated in the preceding
proviso by substituting ``succeeding 2 fiscal years'' for ``succeeding
fiscal year'': Provided further, That not less than $5,000,000 shall be
transferred to the Department of Health and Human Services (``HHS'')
``Office of Inspector General'' to perform oversight, accountability,
and evaluation of programs, projects, or activities supported with the
funds provided for the purposes provided herein: Provided further, That
notwithstanding any other provision of law, the distribution of any
amount shall be limited to the States directly affected by Hurricane
Sandy and which have been declared by the President as a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act for Hurricane Sandy: Provided further, That none of the
funds appropriated in this paragraph shall be included in the
calculation of the ``base grant'' in subsequent fiscal years, as such
term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of
the Head Start Act: Provided further, That funds appropriated in this
paragraph are not subject to the allocation requirements of section
640(a) of the Head Start Act: Provided further, That funds appropriated
in this paragraph for the Social Services Block Grant are in addition to
the entitlement grants authorized by section 2002(a)(1) of the Social
Security Act and shall not be available for such entitlement grants:
Provided further, That in addition to other uses permitted by title XX
of the Social Security Act, funds appropriated in this paragraph for the
Social Services Block Grant may be used for health services (including
mental health services), and for costs of renovating, repairing, or
rebuilding health care facilities, child care facilities, or other
social services facilities:

[[Page 34]]

Provided further, That the remaining $195,000,000 appropriated in this
paragraph may be transferred by the Secretary of HHS (``Secretary'') to
accounts within HHS, and shall be available only for the purposes
provided in this paragraph: Provided further, That the transfer
authority provided in this paragraph is in addition to any other
transfer authority available in this or any other Act: Provided
further, <> That 15 days prior to the
transfer of funds appropriated in this paragraph, the Secretary shall
notify the Committees on Appropriations of the House of Representatives
and the Senate of any such transfer and the planned uses of the funds:
Provided further, That obligations incurred for the purposes provided
herein prior to the date of enactment of this division may be charged to
funds appropriated by this paragraph: Provided
further, <> That funds appropriated in this
paragraph and transferred to the National Institutes of Health for the
purpose of supporting the repair or rebuilding of non-Federal biomedical
or behavioral research facilities damaged as a result of Hurricane Sandy
shall be used to award grants or contracts for such purpose under
section 404I of the Public Health Service Act: Provided further, That
section 481A(c)(2) of such Act does not apply to the use of funds
described in the preceding proviso: Provided further, That funds
appropriated in this paragraph shall not be available for costs that are
reimbursed by the Federal Emergency Management Agency, under a contract
for insurance, or by self-insurance: Provided further, That such amounts
are designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided
further, <> That this paragraph shall apply in
place of the previous provisions under this heading in title VI of this
division, and such previous provisions shall have no force or effect.

CHAPTER 9

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

facilities and equipment

(airport and airway trust fund)

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

Federal Highway Administration

federal-aid highways

emergency relief program

For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$2,022,000,000, to remain available until expended: Provided, That

[[Page 35]]

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

Federal Railroad Administration

grants to the national railroad passenger corporation

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

Federal Transit Administration

public transportation emergency relief program

(including transfer of funds)

For the ``Public Transportation Emergency Relief Program'' as
authorized under section 5324 of title 49, United States Code,
$10,900,000,000, to remain available until expended, for recovery and
relief efforts in the areas most affected by Hurricane Sandy:

[[Page 36]]

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

(including transfers of funds)

For an additional amount for ``Community Development Fund'',
$16,000,000,000, to remain available until September 30, 2017, for
necessary expenses related to disaster relief, long-term recovery,
restoration of infrastructure and housing, and economic revitalization
in the most impacted and distressed areas resulting from a major
disaster declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane Sandy
and other eligible events in calendar years 2011, 2012, and 2013, for
activities authorized under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.):
Provided, <> That funds shall be awarded directly to the
State or unit of general local government as a grantee at the discretion
of the Secretary of Housing and Urban Development: Provided
further, <> That the Secretary shall allocate
to grantees not less than 33 percent of the funds provided under this
heading within 60 days after the enactment of this division based on the
best available data: Provided further, <> That
prior to the obligation of funds, a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery

[[Page 37]]

and restoration of infrastructure and housing and economic
revitalization in the most impacted and distressed areas: Provided
further, That <> the Secretary shall by notice
specify the criteria for approval of such plans within 45 days of
enactment of this division: Provided
further, <> That if the Secretary determines that
a plan does not meet such criteria, the Secretary shall disapprove the
plan: Provided further, That funds provided under this heading may not
be used for activities reimbursable by or for which funds are made
available by the Federal Emergency Management Agency or the Army Corps
of Engineers: Provided further, That funds allocated under this heading
shall not be considered relevant to the non-disaster formula allocations
made pursuant to section 106 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5306): Provided further, That a grantee may use
up to 5 percent of its allocation for administrative costs: Provided
further, <> That a grantee shall administer grant funds
provided under this heading in accordance with all applicable laws and
regulations and may not delegate, by contract or otherwise, the
responsibility for administering such grant funds: Provided
further, <> That as a condition of making
any grant, the Secretary shall certify in advance that such grantee has
in place proficient financial controls and procurement processes and has
established adequate procedures to prevent any duplication of benefits
as defined by section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure
of funds, to maintain comprehensive websites regarding all disaster
recovery activities assisted with these funds, and to detect and prevent
waste, fraud, and abuse of funds: Provided
further, <> That the Secretary shall provide grantees
with technical assistance on contracting and procurement processes and
shall require grantees, in contracting or procuring these funds, to
incorporate performance requirements and penalties into any such
contracts or agreements: Provided further, <> That
the Secretary shall require grantees to maintain on a public website
information accounting for how all grant funds are used, including
details of all contracts and ongoing procurement processes: Provided
further, That, in administering the funds under this heading, the
Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by the
recipient of these funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment)
pursuant to a determination by the Secretary that good cause exists for
the waiver or alternative requirement and that such action is not
inconsistent with the overall purposes of title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided
further, That, notwithstanding the preceding proviso, recipients of
funds provided under this heading that use such funds to supplement
Federal assistance provided under section 402, 403, 404, 406, 407, or
502 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) may adopt, without review or public
comment, any environmental review, approval, or permit performed by a
Federal agency, and such adoption shall satisfy the responsibilities of
the recipient with respect to such environmental review, approval or
permit: Provided further, That, notwithstanding section 104(g)(2) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)),
the Secretary may, upon receipt of a request for release

[[Page 38]]

of funds and certification, immediately approve the release of funds for
an activity or project assisted under this heading if the recipient has
adopted an environmental review, approval or permit under the preceding
proviso or the activity or project is categorically excluded from review
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.): Provided further, That a waiver granted by the Secretary may not
reduce the percentage of funds that must be used for activities that
benefit persons of low and moderate income to less than 50 percent,
unless the Secretary specifically finds that there is a compelling need
to further reduce or eliminate the percentage requirement: Provided
further, That <> the Secretary shall publish
in the Federal Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the effective date
of such waiver: Provided further, That, of the funds made available
under this heading, up to $10,000,000 may be transferred to ``Program
Office Salaries and Expenses, Community Planning and Development'' for
necessary costs, including information technology costs, of
administering and overseeing funds made available under this heading:
Provided further, That of the funds made available under this heading,
$10,000,000 shall be transferred to ``Office of the Inspector General''
for necessary costs of overseeing and auditing funds made available
under this heading: Provided further, That the amounts provided under
this heading are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1091.  For fiscal year 2013, upon request by a public housing
agency and supported by documentation as required by the Secretary of
Housing and Urban Development that demonstrates that the need for the
adjustment is due to the disaster, the Secretary may make temporary
adjustments to the section 8 housing choice voucher annual renewal
funding allocations and administrative fee eligibility determinations
for public housing agencies in an area for which the President declared
a disaster during such fiscal year under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et
seq.), to avoid significant adverse funding impacts that would otherwise
result from the disaster.
Sec. 1092. The <>  Departments of
Transportation and Housing and Urban Development shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of the enactment of this division a
plan for implementing the provisions in this chapter, and updates to
such plan on a biannual basis thereafter.

Sec. 1093. <> None of the
funds provided in this chapter to the Department of Transportation or
the Department of Housing and Urban Development may be used to make a
grant unless the Secretary of such Department notifies the Committees on
Appropriations of the House of Representatives and the Senate not less
than 3 full business days before any project, State or locality is
selected to receive a grant award totaling $1,000,000 or more is
announced by either Department or a modal administration.

[[Page 39]]

Sec. 1094. <> This chapter shall apply in
place of title VIII of this division, and such title shall have no force
or effect.

Sec. 1095.  The amounts otherwise provided by this division are
revised by reducing the amount made available for ``Small Business
Administration--Disaster Loans Program Account'' for administrative
expenses to carry out the direct loan program authorized by section 7(b)
of the Small Business Act (and within such amount, the amount made
available for direct administrative expenses of loan making and
servicing to carry out such program), and increasing the amount made
available for ``Department of Veterans Affairs--National Cemetery
Administration'', by $1,000,000.
Sec. 1096.  None of the funds provided in this division shall be
used for land acquisition by the Secretary of the Interior or the
Secretary of Agriculture.
This division may be cited as the ``Disaster Relief Appropriations
Act, 2013''.

DIVISION B--SANDY <> RECOVERY IMPROVEMENT ACT OF 2013
SEC. 1101. SHORT TITLE; TABLE OF CONTENTS.

(a) <>  Short Title.--This division may be
cited as the ``Sandy Recovery Improvement Act of 2013''.

(b) Table of Contents.--The table of contents for this division is
as follows:

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

SEC. 1102. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) by redesignating the second section 425 (relating to
essential service providers) as section 427; <>  and
(2) by adding at the end the following:
``SEC. 428. <>  PUBLIC ASSISTANCE PROGRAM
ALTERNATIVE PROCEDURES.

``(a) Approval of Projects.--The President, acting through the
Administrator of the Federal Emergency Management Agency, may approve
projects under the alternative procedures adopted under this section for
any major disaster or emergency declared on or after the date of
enactment of this section. The Administrator may also apply the
alternate procedures adopted under this section to a major disaster or
emergency declared before enactment of this Act for which construction
has not begun as of the date of enactment of this Act.

[[Page 40]]

``(b) Adoption.--The Administrator, in coordination with States,
tribal and local governments, and owners or operators of private
nonprofit facilities, may adopt alternative procedures to administer
assistance provided under sections 403(a)(3)(A), 406, 407, and
502(a)(5).
``(c) Goals of Procedures.--The alternative procedures adopted under
subsection (a) shall further the goals of--
``(1) reducing the costs to the Federal Government of
providing such assistance;
``(2) increasing flexibility in the administration of such
assistance;
``(3) expediting the provision of such assistance to a
State, tribal or local government, or owner or operator of a
private nonprofit facility; and
``(4) providing financial incentives and disincentives for a
State, tribal or local government, or owner or operator of a
private nonprofit facility for the timely and cost-effective
completion of projects with such assistance.

``(d) Participation.--Participation in the alternative procedures
adopted under this section shall be at the election of a State, tribal
or local government, or owner or operator of a private nonprofit
facility consistent with procedures determined by the Administrator.
``(e) Minimum Procedures.--The alternative procedures adopted under
this section shall include the following:
``(1) For repair, restoration, and replacement of damaged
facilities under section 406--
``(A) making grants on the basis of fixed estimates,
if the State, tribal or local government, or owner or
operator of the private nonprofit facility agrees to be
responsible for any actual costs that exceed the
estimate;
``(B) providing an option for a State, tribal or
local government, or owner or operator of a private
nonprofit facility to elect to receive an in-lieu
contribution, without reduction, on the basis of
estimates of--
``(i) the cost of repair, restoration,
reconstruction, or replacement of a public
facility owned or controlled by the State, tribal
or local government or owner or operator of a
private nonprofit facility; and
``(ii) management expenses;
``(C) consolidating, to the extent determined
appropriate by the Administrator, the facilities of a
State, tribal or local government, or owner or operator
of a private nonprofit facility as a single project
based upon the estimates adopted under the procedures;
``(D) if the actual costs of a project completed
under the procedures are less than the estimated costs
thereof, the Administrator may permit a grantee or
subgrantee to use all or part of the excess funds for--
``(i) cost-effective activities that reduce
the risk of future damage, hardship, or suffering
from a major disaster; and
``(ii) other activities to improve future
Public Assistance operations or planning;
``(E) in determining eligible costs under section
406, the Administrator shall make available, at an
applicant's request and where the Administrator or the
certified cost

[[Page 41]]

estimate prepared by the applicant's professionally
licensed engineers has estimated an eligible Federal
share for a project of at least $5,000,000, an
independent expert panel to validate the estimated
eligible cost consistent with applicable regulations and
policies implementing this section; and
``(F) in determining eligible costs under section
406, the Administrator shall, at the applicant's
request, consider properly conducted and certified cost
estimates prepared by professionally licensed engineers
(mutually agreed upon by the Administrator and the
applicant), to the extent that such estimates comply
with applicable regulations, policy, and guidance.
``(2) For debris removal under sections 403(a)(3)(A), 407,
and 502(a)(5)--
``(A) making grants on the basis of fixed estimates
to provide financial incentives and disincentives for
the timely or cost-effective completion if the State,
tribal or local government, or owner or operator of the
private nonprofit facility agrees to be responsible to
pay for any actual costs that exceed the estimate;
``(B) using a sliding scale for determining the
Federal share for removal of debris and wreckage based
on the time it takes to complete debris and wreckage
removal;
``(C) allowing use of program income from recycled
debris without offset to the grant amount;
``(D) reimbursing base and overtime wages for
employees and extra hires of a State, tribal or local
government, or owner or operator of a private nonprofit
facility performing or administering debris and wreckage
removal;
``(E) providing incentives to a State or tribal or
local government to have a debris management plan
approved by the Administrator and have pre-qualified 1
or more debris and wreckage removal contractors before
the date of declaration of the major disaster; and
``(F) if the actual costs of projects under
subparagraph (A) are less than the estimated costs of
the project, the Administrator may permit a grantee or
subgrantee to use all or part of the excess funds for--
``(i) debris management planning;
``(ii) acquisition of debris management
equipment for current or future use; and
``(iii) other activities to improve future
debris removal operations, as determined by the
Administrator.

``(f) Waiver Authority.--Until such time as the Administrator
promulgates regulations to implement this section, the Administrator
may--
``(1) <>  waive notice and comment
rulemaking, if the Administrator determines the waiver is
necessary to expeditiously implement this section; and
``(2) carry out the alternative procedures under this
section as a pilot program.

``(g) <>  Overtime Payments.--The guidelines for
reimbursement for costs under subsection (e)(2)(D) shall ensure that no
State or local government is denied reimbursement for overtime payments

[[Page 42]]

that are required pursuant to the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).

``(h) Report.--
``(1) In general.--Not earlier than 3 years, and not later
than 5 years, after the date of enactment of this section, the
Inspector General of the Department of Homeland Security shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
alternative procedures for the repair, restoration, and
replacement of damaged facilities under section 406 authorized
under this section.
``(2) Contents.--The report shall contain an assessment of
the effectiveness of the alternative procedures, including--
``(A) whether the alternative procedures helped to
improve the general speed of disaster recovery;
``(B) the accuracy of the estimates relied upon;
``(C) whether the financial incentives and
disincentives were effective;
``(D) whether the alternative procedures were cost
effective;
``(E) whether the independent expert panel described
in subsection (e)(1)(E) was effective; and
``(F) recommendations for whether the alternative
procedures should be continued and any recommendations
for changes to the alternative procedures.''.
SEC. 1103. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively;
(2) by inserting after clause (i) the following:
``(ii) Lease and repair of rental units for
temporary housing.--

``(I) <>
In general.--The President, to the
extent the President determines it would
be a cost-effective alternative to other
temporary housing options, may--
``(aa) enter into lease
agreements with owners of
multifamily rental property
located in areas covered by a
major disaster declaration to
house individuals and households
eligible for assistance under
this section; and
``(bb) make repairs or
improvements to properties under
such lease agreements, to the
extent necessary to serve as
safe and adequate temporary
housing.
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs--
``(aa) shall be deducted
from the value of the lease
agreement; and
``(bb) may not exceed the
value of the lease agreement.'';
and

[[Page 43]]

(3) in clause (iv) (as so redesignated) by striking ``clause
(ii)'' and inserting ``clause (iii)''.
SEC. 1104. HAZARD MITIGATION.

(a) Streamlined Procedures; Advance Assistance.--Section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c) is amended by adding at the end the following:
``(d) Streamlined Procedures.--
``(1) <>  In general.--For the purpose of
providing assistance under this section, the President shall
ensure that--
``(A) adequate resources are devoted to ensure that
applicable environmental reviews under the National
Environmental Policy Act of 1969 and historic
preservation reviews under the National Historic
Preservation Act are completed on an expeditious basis;
and
``(B) the shortest existing applicable process under
the National Environmental Policy Act of 1969 and the
National Historic Preservation Act is utilized.
``(2) Authority for other expedited procedures.--The
President may utilize expedited procedures in addition to those
required under paragraph (1) for the purpose of providing
assistance under this section, such as procedures under the
Prototype Programmatic Agreement of the Federal Emergency
Management Agency, for the consideration of multiple structures
as a group and for an analysis of the cost-effectiveness and
fulfillment of cost-share requirements for proposed hazard
mitigation measures.

``(e) Advance Assistance.--The President may provide not more than
25 percent of the amount of the estimated cost of hazard mitigation
measures to a State grantee eligible for a grant under this section
before eligible costs are incurred.''.
(b) Establishment of Criteria Relating to Administration of Hazard
Mitigation Assistance by States.--Section 404(c)(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(c)(2)) is amended by inserting after ``applications submitted
under paragraph (1).'' the <> following: ``Until such time as the
Administrator promulgates regulations to implement this paragraph, the
Administrator may waive notice and comment rulemaking, if the
Administrator determines doing so is necessary to expeditiously
implement this section, and may carry out this section as a pilot
program.''.

(c) <>  Applicability.--The authority
under the amendments made by this section shall apply to--
(1) any major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) on or after the date of enactment of
this division; and
(2) a major disaster or emergency declared under that Act
before the date of enactment of this division for which the
period for processing requests for assistance has not ended as
of the date of enactment of this division.
SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM.

(a) <>  Definitions.--In this section, the
following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.

[[Page 44]]

(2) Eligible assistance.--The term ``eligible assistance''
means assistance--
(A) under section 403, 406, or 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170b, 5172, 5173);
(B) for which the legitimate amount in dispute is
not less than $1,000,000, which sum the Administrator
shall adjust annually to reflect changes in the Consumer
Price Index for all Urban Consumers published by the
Department of Labor;
(C) for which the applicant has a non-Federal share;
and
(D) for which the applicant has received a decision
on a first appeal.

(b) Procedures.--
(1) <>  In general.--Not later than 180
days after the date of enactment of this section, and in order
to facilitate an efficient recovery from major disasters, the
Administrator shall establish procedures under which an
applicant may request the use of alternative dispute resolution,
including arbitration by an independent review panel, to resolve
disputes relating to eligible assistance.
(2) Binding effect.--A decision by an independent review
panel under this section shall be binding upon the parties to
the dispute.
(3) Considerations.--The procedures established under this
section shall--
(A) allow a party of a dispute relating to eligible
assistance to request an independent review panel for
the review;
(B) require a party requesting an independent review
panel as described in subparagraph (A) to agree to forgo
rights to any further appeal of the dispute relating to
any eligible assistance;
(C) require that the sponsor of an independent
review panel for any alternative dispute resolution
under this section be--
(i) an individual or entity unaffiliated with
the dispute (which may include a Federal agency,
an administrative law judge, or a reemployed
annuitant who was an employee of the Federal
Government) selected by the Administrator; and
(ii) responsible for identifying and
maintaining an adequate number of independent
experts qualified to review and resolve disputes
under this section;
(D) require an independent review panel to--
(i) resolve any remaining disputed issue in
accordance with all applicable laws, regulations,
and Agency interpretations of those laws through
its published policies and guidance;
(ii) consider only evidence contained in the
administrative record, as it existed at the time
at which the Agency made its initial decision;
(iii) only set aside a decision of the Agency
found to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with
law; and
(iv) in the case of a finding of material fact
adverse to the claimant made on first appeal, only
set aside

[[Page 45]]

or reverse such finding if the finding is clearly
erroneous;
(E) require an independent review panel to
expeditiously issue a written decision for any
alternative dispute resolution under this section; and
(F) direct that if an independent review panel for
any alternative dispute resolution under this section
determines that the basis upon which a party submits a
request for alternative dispute resolution is frivolous,
the independent review panel shall direct the party to
pay the reasonable costs to the Federal Emergency
Management Agency relating to the review by the
independent review panel. Any funds received by the
Federal Emergency Management Agency under the authority
of this section shall be deposited to the credit of the
appropriation or appropriations available for the
eligible assistance in dispute on the date on which the
funds are received.

(c) Sunset.--A request for review by an independent review panel
under this section may not be made after December 31, 2015.
(d) Report.--
(1) In general.--Not later than 270 days after the
termination of authority under this section under subsection
(c), the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
analyzing the effectiveness of the program under this section.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a determination of the availability of data
required to complete the report;
(B) an assessment of the effectiveness of the
program under this section, including an assessment of
whether the program expedited or delayed the disaster
recovery process;
(C) an assessment of whether the program increased
or decreased costs to administer section 403, 406, or
407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
(D) an assessment of the procedures and safeguards
that the independent review panels established to ensure
objectivity and accuracy, and the extent to which they
followed those procedures and safeguards;
(E) a recommendation as to whether any aspect of the
program under this section should be made a permanent
authority; and
(F) recommendations for any modifications to the
authority or the administration of the authority under
this section in order to improve the disaster recovery
process.
SEC. 1106. UNIFIED FEDERAL REVIEW.

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

[[Page 46]]

``SEC. 429. <>  UNIFIED FEDERAL REVIEW.

``(a) <>  In General.--Not
later than 18 months after the date of enactment of this section, and in
consultation with the Council on Environmental Quality and the Advisory
Council on Historic Preservation, the President shall establish an
expedited and unified interagency review process to ensure compliance
with environmental and historic requirements under Federal law relating
to disaster recovery projects, in order to expedite the recovery
process, consistent with applicable law.

``(b) Contents.--The review process established under this section
shall include mechanisms to expeditiously address delays that may occur
during the recovery from a major disaster and be updated, as
appropriate, consistent with applicable law.''.
SEC. 1107. SIMPLIFIED PROCEDURES.

Section 422 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189) is amended--
(1) by striking ``If the Federal estimate'' and inserting
``(a) In General.--If the Federal estimate'';
(2) by inserting ``(or, if the Administrator has established
a threshold under subsection (b), the amount established under
subsection (b))'' after ``$35,000'' the first place it appears;
(3) by inserting ``or, if applicable, the amount established
under subsection (b),'' after ``$35,000 amount'' the second
place it appears; and
(4) by adding at the end the following:

``(b) <>  Threshold.--
``(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the President, acting through the
Administrator of the Federal Emergency Management Agency (in
this section referred to as the `Administrator'), shall--
``(A) <>  complete an analysis to
determine whether an increase in the threshold for
eligibility under subsection (a) is appropriate, which
shall include consideration of cost-effectiveness, speed
of recovery, capacity of grantees, past performance, and
accountability measures; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate a report regarding the analysis conducted
under subparagraph (A).
``(2) <>  Amount.--After the Administrator
submits the report required under paragraph (1), the President
shall direct the Administrator to--
``(A) immediately establish a threshold for
eligibility under this section in an appropriate amount,
without regard to chapter 5 of title 5, United States
Code; and
``(B) adjust the threshold annually to reflect
changes in the Consumer Price Index for all Urban
Consumers published by the Department of Labor.
``(3) Review.--Not later than 3 years after the date on
which the Administrator establishes a threshold under paragraph
(2), and every 3 years thereafter, the President, acting through
the Administrator, shall review the threshold for eligibility
under this section.''.

[[Page 47]]

SEC. 1108. ESSENTIAL ASSISTANCE.

(a) Other Needs Assistance.--Section 408(e)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(e)(1)) is amended--
(1) in the paragraph heading by inserting ``child care,''
after ``dental,''; and
(2) by inserting ``child care,'' after ``dental,''.

(b) Salaries and Benefits.--Section 403 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is
amended by adding at the end the following:
``(d) Salaries and Benefits.--
``(1) In general.--If the President declares a major
disaster or emergency for an area within the jurisdiction of a
State, tribal, or local government, the President may reimburse
the State, tribal, or local government for costs relating to--
``(A) basic pay and benefits for permanent employees
of the State, tribal, or local government conducting
emergency protective measures under this section, if--
``(i) the work is not typically performed by
the employees; and
``(ii) the type of work may otherwise be
carried out by contract or agreement with private
organizations, firms, or individuals.; or
``(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local
government conducting emergency protective measures
under this section.
``(2) <>  Overtime.--The guidelines for
reimbursement for costs under paragraph (1) shall ensure that no
State, tribal, or local government is denied reimbursement for
overtime payments that are required pursuant to the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.).
``(3) No effect on mutual aid pacts.--Nothing in this
subsection shall affect the ability of the President to
reimburse labor force expenses provided pursuant to an
authorized mutual aid pact.''.
SEC. 1109. <>  INDIVIDUAL ASSISTANCE FACTORS.

In order to provide more objective criteria for evaluating the need
for assistance to individuals, to clarify the threshold for eligibility
and to speed a declaration of a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), not later than 1 year after the date of enactment
of this division, the Administrator of the Federal Emergency Management
Agency, in cooperation with representatives of State, tribal, and local
emergency management agencies, shall review, update, and revise through
rulemaking the factors considered under section 206.48 of title 44, Code
of Federal Regulations (including section 206.48(b)(2) of such title
relating to trauma and the specific conditions or losses that contribute
to trauma), to measure the severity, magnitude, and impact of a
disaster.
SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY
DECLARATION UNDER THE STAFFORD ACT.

(a) Major Disaster Requests.--Section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is
amended--

[[Page 48]]

(1) by striking ``All requests for a declaration'' and
inserting ``(a) In General.--All requests for a declaration'';
and
(2) by adding at the end the following:

``(b) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by the
President that a major disaster exists consistent with the
requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this title or title
III (except sections 310 and 326) to a State or the Governor of
a State is deemed to refer to an affected Indian tribal
government or the Chief Executive of an affected Indian tribal
government, as appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President at
the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.

``(c) <>  Cost Share Adjustments for Indian Tribal
Governments.--
``(1) <>  In general.--In providing
assistance to an Indian tribal government under this title, the
President may waive or adjust any payment of a non-Federal
contribution with respect to the assistance if--
``(A) the President has the authority to waive or
adjust the payment under another provision of this
title; and
``(B) the President determines that the waiver or
adjustment is necessary and appropriate.
``(2) Criteria for making determinations.--The President
shall establish criteria for making determinations under
paragraph (1)(B).''.

(b) Emergency Requests.--Section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended
by adding at the end the following:
``(c) Indian Tribal Government Requests.--
``(1) In general.--The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by the
President that an emergency exists consistent with the
requirements of subsection (a).
``(2) References.--In implementing assistance authorized by
the President under this title in response to a request of the
Chief Executive of an affected Indian tribal government for an
emergency declaration, any reference in this title or title III
(except sections 310 and 326) to a State or the Governor of a
State is deemed to refer to an affected Indian tribal government
or the Chief Executive of an affected Indian tribal government,
as appropriate.
``(3) Savings provision.--Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President at
the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.''.

[[Page 49]]

(c) Definitions.--Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (7)(B) by striking ``; and'' and inserting
``, that is not an Indian tribal government as defined in
paragraph (6); and'';
(2) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(3) by inserting after paragraph (5) the following:
``(6) Indian tribal government.--The term `Indian tribal
government' means the governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, or community that
the Secretary of the Interior acknowledges to exist as an Indian
tribe under the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a et seq.).''; and
(4) by adding at the end the following:
``(12) Chief executive.--The term `Chief Executive' means
the person who is the Chief, Chairman, Governor, President, or
similar executive official of an Indian tribal government.''.

(d) References.--Title I of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by
adding after section 102 the following:
``SEC. 103. <>  REFERENCES.

``Except as otherwise specifically provided, any reference in this
Act to `State and local', `State or local', `State, and local', `State,
or local', or `State, local' (including plurals) with respect to
governments or officials and any reference to a `local government' in
sections 406(d)(3) and 417 is deemed to refer also to Indian tribal
governments and officials, as appropriate.''.
(e) <>  Regulations.--
(1) Issuance.--The President shall issue regulations to
carry out the amendments made by this section.
(2) Factors.--In issuing the regulations, the President
shall consider the unique conditions that affect the general
welfare of Indian tribal governments.
SEC. 1111. RECOMMENDATIONS FOR REDUCING COSTS OF FUTURE DISASTERS.

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

[[Page 50]]

(4) include recommendations on how to improve the resiliency
of local communities and States for the purpose of lowering
future costs of disaster response and recovery.

Approved January 29, 2013.

LEGISLATIVE HISTORY--H.R. 152:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 159 (2013):
Jan. 15, considered and passed House.
Jan. 28, considered and passed Senate.