In the Senate of the United States, 

December 28, 2012. 

Resolved, That the bill from the House of Representatives (H.R. 1) entitled ‘‘An Act making appropriations for the 

Department of Defense and the other departments and agencies of the Government for the fiscal year ending September 

30, 2011, and for other purposes.’’, do pass with the following 

AMENDMENTS: 

Strike all after the enacting clause, and insert in lieu 

thereof: 

1 That the following sums are hereby appropriated, out of 

2 any money in the Treasury not otherwise appropriated, for 

3 fiscal year 2013, and for other purposes, namely: 
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1 SUPPLEMENTAL APPROPRIATIONS FOR 

2 DISASTER ASSISTANCE 

3 TITLE I 

4 DEPARTMENT OF AGRICULTURE 

5 AGRICULTURAL PROGRAMS 

6 FARM SERVICE AGENCY

7 EMERGENCY CONSERVATION PROGRAM

8 For necessary expenses for the ‘‘Emergency Conserva9 tion Program’’, $25,090,000, to remain available until ex10 pended, of which $15,000,000 is for expenses resulting from 

11 a major disaster declared pursuant to the Robert T. Staf12 ford Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5121 et. seq.): Provided, That such amount is des14 ignated by the Congress as being for an emergency require15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 EMERGENCY FOREST RESTORATION PROGRAM

18 For necessary expenses for the ‘‘Emergency Forest Res19 toration Program’’, $58,855,000, to remain available until 

20 expended, of which $49,010,000 is for expenses resulting 

21 from a major disaster declared pursuant to the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act (42 

23 U.S.C. 5121 et. seq.): Provided, That such amount is des24 ignated by the Congress as being for an emergency require-
3 

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1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 CONSERVATION PROGRAMS 

4 NATURAL RESOURCES CONSERVATION SERVICE

5 EMERGENCY WATERSHED PROTECTION PROGRAM

6 For necessary expenses for the ‘‘Emergency Watershed 

7 Protection Program’’, $125,055,000, to remain available 

8 until expended, of which $77,085,000 is for expenses result9 ing from a major disaster declared pursuant to the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et. seq.): Provided, That unobligated bal12 ances for the ‘‘Emergency Watershed Protection Program’’ 

13 provided in Public Law 108–199, Public Law 109–234, and 

14 Public Law 110–28 shall be available for the purposes of 

15 such program for disasters, and shall remain available 

16 until expended: Provided further, That such amounts are 

17 designated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 DOMESTIC FOOD PROGRAMS 

21 FOOD AND NUTRITION SERVICE

22 COMMODITY ASSISTANCE PROGRAM

23 For an additional amount for the emergency food as24 sistance program as authorized by section 27(a) of the Food 

25 and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
4 

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1 204(a)(1) of the Emergency Food Assistance Act of 1983 

2 (7 U.S.C. 7508(a)(1)), $15,000,000, to remain available 

3 through September 30, 2014: Provided, That notwith4 standing any other provisions of the Emergency Food As5 sistance Act of 1983 (the ‘‘Act’’), the Secretary may allocate 

6 additional foods and funds for administrative expenses 

7 from resources specifically appropriated, transferred, or re8 programmed to restore to states resources used to assist fam9 ilies and individuals displaced by Hurricane Sandy among 

10 the states without regard to sections 204 and 214 of the 

11 Act: Provided further, That such amount is designated by 

12 the Congress as being for an emergency requirement pursu13 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985 (Public Law 99– 

15 177), as amended. 

16 TITLE II 

17 DEPARTMENT OF COMMERCE 

18 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

19 OPERATIONS, RESEARCH, AND FACILITIES

20 For an additional amount for ‘‘Operations, Research, 

21 and Facilities’’, $373,000,000 to remain available until 

22 September 30, 2014, as follows— 

23 (1) $6,200,000 to repair and replace ocean ob24 serving and coastal monitoring assets damaged by 

25 Hurricane Sandy; 
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1 (2) $10,000,000 to repair and improve weather 

2 forecasting capabilities and infrastructure; 

3 (3) $150,000,000 to evaluate, stabilize and re4 store coastal ecosystems affected by Hurricane Sandy; 

5 (4) $56,800,000 for mapping, charting, damage 

6 assessment, and marine debris coordination and re7 mediation; and 

8 (5) $150,000,000, for necessary expenses related 

9 to fishery disasters as declared by the Secretary of 

10 Commerce in calendar year 2012: 

11 Provided, That the National Oceanic and Atmospheric Ad12 ministration shall submit a spending plan to the Commit13 tees on Appropriations of the House of Representatives and 

14 the Senate within 45 days after the date of enactment of 

15 this Act: Provided further, That such amount is designated 

16 by the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 PROCUREMENT, ACQUISITION AND CONSTRUCTION

20 For an additional amount for ‘‘Procurement, Acquisi21 tion and Construction’’, $109,000,000, to remain available 

22 until September 30, 2015, as follows— 

23 (1) $47,000,000 for the Coastal and Estuarine 

24 Land Conservation Program to support State and 
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1 local restoration in areas affected by Hurricane 

2 Sandy; 

3 (2) $9,000,000 to repair National Oceanic and 

4 Atmospheric Administration (NOAA) facilities dam5 aged by Hurricane Sandy; 

6 (3) $44,500,000 for repairs and upgrades to 

7 NOAA hurricane reconnaissance aircraft; and 

8 (4) $8,500,000 for improvements to weather fore9 casting equipment and supercomputer infrastructure: 

10 Provided, That NOAA shall submit a spending plan to the 

11 Committees on Appropriations of the House of Representa12 tives and the Senate within 45 days after the date of enact13 ment of this Act: Provided further, That such amount is 

14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 DEPARTMENT OF JUSTICE 

18 GENERAL ADMINISTRATION

19 OFFICE OF INSPECTOR GENERAL

20 For an additional amount for ‘‘General Administra21 tion, Office of Inspector General’’ for necessary expenses re22 lated to the consequences of Hurricane Sandy, $20,000, to 

23 remain available until September 30, 2013: Provided, That 

24 such amount is designated by the Congress as being for an 

25 emergency requirement pursuant to section 251(b)(2)(A)(i) 
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1 of the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 FEDERAL BUREAU OF INVESTIGATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Federal Bureau of In6 vestigation, Salaries and Expenses’’ for necessary expenses 

7 related to the consequences of Hurricane Sandy, $4,000,000, 

8 to remain available until September 30, 2013: Provided, 

9 That such amount is designated by the Congress as being 

10 for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 DRUG ENFORCEMENT ADMINISTRATION

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Drug Enforcement Ad16 ministration, Salaries and Expenses’’ for necessary ex17 penses related to the consequences of Hurricane Sandy, 

18 $1,000,000, to remain available until September 30, 2013: 

19 Provided, That such amount is designated by the Congress 

20 as being for an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 
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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Bureau of Alcohol, To5 bacco, Firearms and Explosives, Salaries and Expenses’’ for 

6 necessary expenses related to the consequences of Hurricane 

7 Sandy, $230,000, to remain available until September 30, 

8 2013: Provided, That such amount is designated by the 

9 Congress as being for an emergency requirement pursuant 

10 to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 FEDERAL PRISON SYSTEM

13 BUILDINGS AND FACILITIES

14 For an additional amount for ‘‘Federal Prison Sys15 tem, Buildings and Facilities’’ for necessary expenses re16 lated to the consequences of Hurricane Sandy, $10,000,000, 

17 to remain available until expended: Provided, That such 

18 amount is designated by the Congress as being for an emer19 gency requirement pursuant to section 251(b)(2)(A)(i) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 
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1 SCIENCE 

2 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

3 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

4 RESTORATION

5 For an additional amount for ‘‘Construction and En6 vironmental Compliance and Restoration’’ for repair at 

7 National Aeronautics and Space Administration facilities 

8 damaged by Hurricane Sandy, $15,000,000, to remain 

9 available until September 30, 2018: Provided, That such 

10 amount is designated by the Congress as being for an emer11 gency requirement pursuant to section 251(b)(2)(A)(i) of 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 RELATED AGENCIES 

15 LEGAL SERVICES CORPORATION

16 PAYMENT TO THE LEGAL SERVICES CORPORATION

17 For an additional amount for ‘‘Legal Services Cor18 poration, Payment to the Legal Services Corporation’’ to 

19 carry out the purposes of the Legal Services Corporation 

20 Act by providing for necessary expenses related to the con21 sequences of Hurricane Sandy, $1,000,000, to remain avail22 able until September 30, 2013: Provided, That the amount 

23 made available under this heading shall be used only to pro24 vide the mobile resources, technology, and disaster coordina25 tors necessary to provide storm-related services to the Legal 
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1 Services Corporation client population and only in the 

2 areas significantly affected by Hurricane Sandy: Provided 

3 further, That such amount is designated by the Congress 

4 as being for an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985: Provided further, That none 

7 of the funds appropriated in this Act to the Legal Services 

8 Corporation shall be expended for any purpose prohibited 

9 or limited by, or contrary to any of the provisions of, sec10 tions 501, 502, 503, 504, 505, and 506 of Public Law 105– 

11 119, and all funds appropriated in this Act to the Legal 

12 Services Corporation shall be subject to the same terms and 

13 conditions set forth in such sections, except that all ref14 erences in sections 502 and 503 to 1997 and 1998 shall 

15 be deemed to refer instead to 2012 and 2013, respectively, 

16 and except that sections 501 and 503 of Public Law 104– 

17 134 (referenced by Public Law 105–119) shall not apply 

18 to the amount made available under this heading. 

19 TITLE III 

20 DEPARTMENT OF DEFENSE 

21 DEPARTMENT OF DEFENSE—MILITARY 

22 OPERATION AND MAINTENANCE 

23 OPERATION AND MAINTENANCE, ARMY

24 For an additional amount for ‘‘Operation and Mainte25 nance, Army’’, $5,370,000, to remain available until Sep-
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1 tember 30, 2013, for necessary expenses related to the con2 sequences of Hurricane Sandy: Provided, That such amount 

3 is designated by the Congress as being for an emergency 

4 requirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 OPERATION AND MAINTENANCE, NAVY

7 For an additional amount for ‘‘Operation and Mainte8 nance, Navy’’, $40,015,000, to remain available until Sep9 tember 30, 2013, for necessary expenses related to the con10 sequences of Hurricane Sandy: Provided, That such amount 

11 is designated by the Congress as being for an emergency 

12 requirement pursuant to section 251(b)(2)(A)(i) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For an additional amount for ‘‘Operation and Mainte16 nance, Air Force’’, $8,500,000, to remain available until 

17 September 30, 2013, for necessary expenses related to the 

18 consequences of Hurricane Sandy: Provided, That such 

19 amount is designated by the Congress as being for an emer20 gency requirement pursuant to section 251(b)(2)(A)(i) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 

23 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

24 For an additional amount for ‘‘Operation and Mainte25 nance, Army National Guard’’, $3,165,000, to remain 
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1 available until September 30, 2013, for necessary expenses 

2 related to the consequences of Hurricane Sandy: Provided, 

3 That such amount is designated by the Congress as being 

4 for an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

8 For an additional amount for ‘‘Operation and Mainte9 nance, Air National Guard’’, $5,775,000, to remain avail10 able until September 30, 2013, for necessary expenses re11 lated to the consequences of Hurricane Sandy: Provided, 

12 That such amount is designated by the Congress as being 

13 for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 PROCUREMENT 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For an additional amount for ‘‘Procurement of Am19 munition, Army’’, $1,310,000, to remain available until 

20 September 30, 2015, for necessary expenses related to the 

21 consequences of Hurricane Sandy: Provided, That such 

22 amount is designated by the Congress as being for an emer23 gency requirement pursuant to section 251(b)(2)(A)(i) of 

24 the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 
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1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working Cap4 ital Funds’’, $24,200,000, to remain available until Sep5 tember 30, 2013, for necessary expenses related to the con6 sequences of Hurricane Sandy: Provided, That such amount 

7 is designated by the Congress as being for an emergency 

8 requirement pursuant to section 251(b)(2)(A)(i) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 

10 TITLE IV 

11 DEPARTMENT OF DEFENSE—CIVIL 

12 DEPARTMENT OF THE ARMY 

13 CORPS OF ENGINEERS—CIVIL

14 INVESTIGATIONS

15 For an additional amount for ‘‘Investigations’’ to ex16 pedite studies of flood and storm damage reduction related 

17 natural disasters, $50,000,000 at full Federal expense, to 

18 remain available until expended: Provided, That using 

19 $34,500,000 of the funds provided herein, the Secretary 

20 shall expedite and complete ongoing flood and storm dam21 age reduction studies in areas that were impacted by Hur22 ricanes Sandy and Isaac in the North Atlantic and Mis23 sissippi Valley Divisions of the U.S. Army Corps of Engi24 neers: Provided further, That using up to $15,000,000 of 

25 the funds provided herein, the Secretary shall support an 
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1 interagency planning process in conjunction with State, 

2 local and Tribal officials to develop plans to address the 

3 flood risks of vulnerable coastal populations, including in4 novative approaches to promote the long-term sustainability 

5 of the coastal ecosystems and communities to reduce the eco6 nomic costs and risks associated with large-scale flood and 

7 storm events: Provided further, That using $500,000 of the 

8 funds provided herein, the Secretary shall conduct an eval9 uation of the performance of existing projects constructed 

10 by the U.S. Army Corps of Engineers and impacted by 

11 Hurricane Sandy for the purposes of determining their ef12 fectiveness and making recommendations for improvements 

13 thereto: Provided further, That as a part of the study, the 

14 Secretary shall identify institutional and other barriers to 

15 providing comprehensive protection to affected coastal areas 

16 and shall provide this report to the Committees on Appro17 priations of the House of Representatives and the Senate 

18 within 120 days of enactment of this Act: Provided further, 

19 That the amounts in this paragraph are designated by the 

20 Congress as being for an emergency requirement pursuant 

21 to section 251(b)(2)(A)(i) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985: Provided further, 

23 That the Assistant Secretary of the Army for Civil Works 

24 shall provide a monthly report to the Committees on Appro25 priations of the House of Representatives and the Senate 
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1 detailing the allocation and obligation of these funds, begin2 ning not later than 60 days after enactment of this Act. 

3 CONSTRUCTION

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Construction’’ to reha6 bilitate, repair and construct U.S. Army Corps of Engi7 neers projects related to the consequences of natural disas8 ters, $3,461,000,000, to remain available until expended: 

9 Provided, That $2,902,000,000 of the funds provided under 

10 this heading shall be used to reduce future flood risk in ways 

11 that will support the long-term sustainability of the coastal 

12 ecosystem and communities and reduce the economic costs 

13 and risks associated with large-scale flood and storm events 

14 that occurred in 2012 along the Gulf Coast and Atlantic 

15 Coast within the boundaries of the North Atlantic and Mis16 sissippi Valley Divisions of the Corps that were affected by 

17 Hurricanes Sandy and Isaac: Provided further, That efforts 

18 using these funds shall incorporate current science and en19 gineering standards in constructing previously authorized 

20 Corps projects designed to reduce flood and storm damage 

21 risks and modifying existing Corps projects that do not 

22 meet these standards, with such modifications as the Sec23 retary determines are necessary to incorporate these stand24 ards or to meet the goal of providing sustainable reduction 

25 to flooding and storm damage risks: Provided further, That 
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1 these funds may be used to construct any project that is 

2 currently under study by the Corps for reducing flooding 

3 and storm damage risks in areas along the Atlantic coast 

4 within the North Atlantic or the Gulf Coast within the Mis5 sissippi Valley Divisions of the U.S. Army Corps of Engi6 neers that suffered direct surge inundation impacts and sig7 nificant monetary damages from Hurricanes Isaac or 

8 Sandy if the study demonstrates that the project will cost9 effectively reduce those risks and is environmentally accept10 able and technically feasible: Provided further, That local 

11 interests shall provide all lands, easements, rights-of-way, 

12 relocations and disposal areas (LERRDs) necessary for 

13 projects using these funds at no cost to the Government: 

14 Provided further, That cost sharing for implementation of 

15 any projects using these funds shall be 90 percent Federal 

16 and 10 percent non-Federal exclusive of LERRDs: Provided 

17 further, That the non-Federal cash contribution for projects 

18 using these funds shall be financed in accordance with the 

19 provisions of section 103(k) of Public Law 99–662 over a 

20 period of 30 years from the date of completion of the project 

21 or separable element: Provided further, That for these 

22 projects, the provisions of section 902 of the Water Resources 

23 Development Act of 1986 shall not apply to these funds: 

24 Provided further, That the Secretary may transfer up to 

25 $499,000,000 of the funds provided under this heading to 
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1 other U.S. Army Corps of Engineers Accounts to address 

2 damages from previous natural disasters following normal 

3 policies and cost sharing: Provided further, That the Com4 mittees on Appropriations of the House of Representatives 

5 and the Senate shall be notified at least 15 days in advance 

6 of any such transfer: Provided further, That up to 

7 $51,000,000 of the funds provided under this heading shall 

8 be used to expedite continuing authorities projects along the 

9 coastal areas in States impacted by Hurricane Sandy with10 in the boundaries of the North Atlantic Division: Provided 

11 further, That $9,000,000 of the funds provided under this 

12 heading shall be used for repairs to projects that were under 

13 construction and damaged by the impacts of Hurricane 

14 Sandy: Provided further, That any projects using funds ap15 propriated under this heading shall be initiated only after 

16 non-Federal interests have entered into binding agreements 

17 with the Secretary requiring the non-Federal interests to 

18 pay 100 percent of the operation, maintenance, repair, re19 placement, and rehabilitation costs of the project and to 

20 hold and save the United States free from damages due to 

21 the construction or operation and maintenance of the 

22 project, except for damages due to the fault or negligence 

23 of the United States or its contractors: Provided further, 

24 That the Assistant Secretary of the Army for Civil Works 

25 shall submit to the Committees on Appropriations of the 
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1 House of Representatives and the Senate a monthly report 

2 detailing the allocation and obligation of these funds, begin3 ning not later than 60 days after the date of the enactment 

4 of this Act. 

5 OPERATION AND MAINTENANCE

6 For an additional amount for ‘‘Operation and Mainte7 nance’’, $821,000,000, to remain available until expended 

8 to dredge Federal navigation channels and repair damage 

9 to Corps projects nationwide related to natural disasters: 

10 Provided, That such amount is designated by the Congress 

11 as being for an emergency requirement pursuant section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985: Provided further, That the As14 sistant Secretary of the Army for Civil Works shall provide 

15 a monthly report to the Committees on Appropriations of 

16 the House of Representatives and the Senate detailing the 

17 allocation and obligation of these funds, beginning not later 

18 than 60 days after enactment of this Act. 

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For an additional amount for ‘‘Flood Control and 

21 Coastal Emergencies’’, $1,008,000,000, to remain available 

22 until expended to prepare for flood, hurricane, and other 

23 natural disasters and support emergency operations, re24 pairs and other activities in response to flood, hurricanes 

25 or other natural disasters as authorized by law: Provided, 
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† HR 1 EAS 

1 That $430,000,000 of the funds provided herein shall be uti2 lized by the Corps to restore projects impacted by Hurricane 

3 Sandy in the North Atlantic Division of the U.S. Army 

4 Corps of Engineers to design profiles of the authorized 

5 projects: Provided further, That the provisions of section 

6 902 of the Water Resources Development Act of 1986 shall 

7 not apply to funds provided under this heading: Provided 

8 further, That the amounts in this paragraph are designated 

9 by the Congress as being for an emergency requirement pur10 suant section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985: Provided further, 

12 That the Assistant Secretary of the Army for Civil Works 

13 shall provide a monthly report to the Committees on Appro14 priations of the House of Representatives and the Senate 

15 detailing the allocation and obligation of these funds, begin16 ning not later than 60 days after enactment of this Act. 

17 EXPENSES

18 For an additional amount for ‘‘Expenses’’ for in19 creased efforts to oversee emergency response and recovery 

20 activities related to natural disasters, $10,000,000, to re21 main available until expended: Provided, That such amount 

22 is designated by the Congress as being for an emergency 

23 requirement pursuant section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985: 

25 Provided further, That the Assistant Secretary of the Army 
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† HR 1 EAS 

1 for Civil Works shall provide a monthly report to the Com2 mittees on Appropriations of the House of Representatives 

3 and the Senate detailing the allocation and obligation of 

4 these funds, beginning not later than 60 days after enact5 ment of this Act. 

6 TITLE V 

7 INDEPENDENT AGENCIES 

8 GENERAL SERVICES ADMINISTRATION

9 REAL PROPERTY ACTIVITIES

10 FEDERAL BUILDINGS FUND

11 For an additional amount to be deposited in the ‘‘Fed12 eral Buildings Fund’’, $7,000,000, to remain available 

13 until expended, notwithstanding 40 U.S.C. 3307, for nec14 essary expenses related to the consequences of Hurricane 

15 Sandy, including repair and alteration of buildings under 

16 the custody and control of the Administrator of General 

17 Services, and real property management and related activi18 ties not otherwise provided for: Provided, That such amount 

19 is designated by the Congress as being for an emergency 

20 requirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 SMALL BUSINESS ADMINISTRATION

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’, $40,000,000, to remain available until September 
21 

† HR 1 EAS 

1 30, 2014, of which $20,000,000 is for grants to or coopera2 tive agreements with organizations to provide technical as3 sistance related to disaster recovery, response, and long4 term resiliency to small businesses that are recovering from 

5 Hurricane Sandy; and of which $20,000,000 is for grants 

6 or cooperative agreements for public-private partnerships to 

7 provide long-term economic development assistance to in8 dustries and/or regions affected by Hurricane Sandy 

9 through economic development initiatives, including inno10 vation clusters, industry accelerators, supply-chain support, 

11 commercialization, and workforce development: Provided, 

12 That the Small Business Administration (SBA) shall expe13 dite the delivery of assistance in disaster-affected areas by 

14 awarding grants or cooperative agreements for technical as15 sistance only to current recipients of SBA grants or cooper16 ative agreements using a streamlined application process 

17 that relies, to the maximum extent practicable, upon pre18 viously submitted documentation: Provided further, That 

19 the Administrator of the Small Business Administration 

20 shall waive the matching requirements under section 

21 21(a)(4)(A) and 29(c) of the Small Business Act for any 

22 grant made using funds made available under this heading: 

23 Provided further, That in designing appropriate economic 

24 development initiatives and identifying those regions and 

25 industries most affected by Hurricane Sandy, the SBA shall 
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1 work with other Federal agencies, State and local economic 

2 development entities, institutions of higher learning, and 

3 private sector partners: Provided further, That grants or 

4 cooperative agreements for public-private partnerships may 

5 be awarded to public or private nonprofit organizations, 

6 or any combination thereof: Provided further, That no later 

7 than 30 days after the date of enactment of this Act, or 

8 no less than 7 days prior to obligation of funds, whichever 

9 occurs earlier, the SBA shall submit to the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate a detailed expenditure plan for funds provided 

12 under this heading: Provided further, That such amounts 

13 are designated by the Congress as being for an emergency 

14 requirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of Inspector 

18 General’’ for necessary expenses related to the consequences 

19 of Hurricane Sandy and other disasters, $5,000,000, to re20 main available until expended: Provided, That such amount 

21 is designated by the Congress as being for an emergency 

22 requirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 
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1 DISASTER LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Disaster Loans Pro4 gram Account’’ for the cost of direct loans authorized by 

5 section 7(b) of the Small Business Act, for necessary ex6 penses related to Hurricane Sandy and other disasters, 

7 $500,000,000, to remain available until expended: Pro8 vided, That such costs, including the cost of modifying such 

9 loans, shall be as defined in section 502 of the Congressional 

10 Budget Act of 1974: Provided further, That in addition, for 

11 administrative expenses to carry out the direct loan pro12 gram authorized by section 7(b) of the Small Business Act 

13 in response to Hurricane Sandy and other disasters, 

14 $260,000,000, to remain available until expended, of which 

15 $250,000,000 is for direct administrative expenses of loan 

16 making and servicing to carry out the direct loan program, 

17 which may be transferred to and merged with the appro18 priations for Salaries and Expenses; and of which 

19 $10,000,000 is for indirect administrative expenses for the 

20 direct loan program, which may be transferred to and 

21 merged with the appropriations for Salaries and Expenses: 

22 Provided further, That such amounts are designated by the 

23 Congress as being for an emergency requirement pursuant 

24 to section 251(b)(2)(A)(i) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
24 

† HR 1 EAS 

1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 501. Section 7(d)(6) of the Small Business Act 

3 (15 U.S.C. 636(d)(6)) is amended by inserting after ‘‘which 

4 are made under paragraph (1) of subsection (b)’’ the fol5 lowing: ‘‘: Provided further, That the Administrator, in ob6 taining the best available collateral for a loan of not more 

7 than $200,000 under paragraph (1) or (2) of subsection (b) 

8 relating to damage to or destruction of the property of, or 

9 economic injury to, a small business concern, shall not re10 quire the owner of the small business concern to use the 

11 primary residence of the owner as collateral if the Adminis12 trator determines that the owner has other assets with a 

13 value equal to or greater than the amount of the loan that 

14 could be used as collateral for the loan: Provided further, 

15 That nothing in the preceding proviso may be construed 

16 to reduce the amount of collateral required by the Adminis17 trator in connection with a loan described in the preceding 

18 proviso or to modify the standards used to evaluate the 

19 quality (rather than the type) of such collateral’’. 

20 TITLE VI 

21 DEPARTMENT OF HOMELAND SECURITY 

22 U.S. CUSTOMS AND BORDER PROTECTION

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’ for necessary expenses related to the consequences 
25 

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1 of Hurricane Sandy, $1,667,000: Provided, That such 

2 amount is designated by the Congress as being for an emer3 gency requirement pursuant to section 251(b)(2)(A)(i) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985: Provided further, That a description of all property 

6 to be replaced, with associated costs, shall be submitted to 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives no later than 90 days after the 

9 date of enactment of this Act. 

10 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’ for necessary expenses related to the consequences 

14 of Hurricane Sandy, $855,000: Provided, That such 

15 amount is designated by the Congress as being for an emer16 gency requirement pursuant to section 251(b)(2)(A)(i) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985: Provided further, That a description of all property 

19 to be replaced, with associated costs, shall be submitted to 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives no later than 90 days after the 

22 date of enactment of this Act. 
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† HR 1 EAS 

1 COAST GUARD

2 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Acquisition, Construc5 tion, and Improvements’’ for necessary expenses related to 

6 the consequences of Hurricane Sandy, $274,233,000, to re7 main available until September 30, 2017: Provided, That 

8 such amount is designated by the Congress as being for an 

9 emergency requirement pursuant to section 251(b)(2)(A)(i) 

10 of the Balanced Budget and Emergency Deficit Control Act 

11 of 1985: Provided further, That notwithstanding the trans12 fer limitation contained in section 503 of division D of 

13 Public Law 112–74, such funding may be transferred to 

14 other Coast Guard appropriations after notification as re15 quired in accordance with such section: Provided further, 

16 That a description all facilities and property to be recon17 structed and restored, with associated costs and time lines, 

18 shall be submitted to the Committees on Appropriations of 

19 the Senate and the House of Representatives no later than 

20 90 days after the date of enactment of this Act. 

21 UNITED STATES SECRET SERVICE

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’ for necessary expenses related to the consequences 

25 of Hurricane Sandy, $300,000: Provided, That such 
27 

† HR 1 EAS 

1 amount is designated by the Congress as being for an emer2 gency requirement pursuant to section 251(b)(2)(A)(i) of 

3 the Balanced Budget and Emergency Deficit Control Act 

4 of 1985: Provided further, That a description of all property 

5 to be replaced, with associated costs, shall be submitted to 

6 the Committees on Appropriations of the Senate and the 

7 House of Representatives no later than 90 days after the 

8 date of enactment of this Act. 

9 FEDERAL EMERGENCY MANAGEMENT AGENCY

10 DISASTER RELIEF FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for the ‘‘Disaster Relief 

13 Fund’’ in carrying out the Robert T. Stafford Disaster Re14 lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

15 $11,487,735,000, to remain available until expended: Pro16 vided, That of the total amount provided, $5,379,000,000 

17 shall be for major disasters declared pursuant to the Robert 

18 T. Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5121 et seq.): Provided further, That the amount 

20 in the previous proviso is designated by the Congress as 

21 being for disaster relief pursuant to section 251(b)(2)(D) 

22 of the Balanced Budget and Emergency Deficit Control Act 

23 of 1985: Provided further, That of the total amount pro24 vided, $6,108,735,000 is designated by the Congress as being 

25 for an emergency requirement pursuant to section 
28 

† HR 1 EAS 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985 which shall be for major disas3 ters declared pursuant to the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

5 seq.): Provided further, That of the total amount provided, 

6 $3,000,000 shall be transferred to the Department of Home7 land Security ‘‘Office of Inspector General’’ for audits and 

8 investigations related to disasters. 

9 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

10 For an additional amount for the cost of direct loans, 

11 $300,000,000, to remain available until expended, as au12 thorized by section 417 of the Robert T. Stafford Disaster 

13 Relief and Emergency Assistance Act (42 U.S.C. 5184), of 

14 which up to $4,000,000 is for administrative expenses to 

15 carry out the direct loan program: Provided, That such 

16 costs, including the cost of modifying such loans, shall be 

17 as defined in section 502 of the Congressional Budget Act 

18 of 1974: Provided further, That these funds are available 

19 to subsidize gross obligations for the principal amount of 

20 direct loans not to exceed $400,000,000: Provided further, 

21 That these amounts are designated by the Congress as an 

22 emergency requirement pursuant to section 251(b)(2)(A)(i) 

23 of the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 
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1 SCIENCE AND TECHNOLOGY

2 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

3 For an additional amount for ‘‘Research, Develop4 ment, Acquisition, and Operations’’ for necessary expenses 

5 related to the consequences of Hurricane Sandy, $3,249,000, 

6 to remain available until September 30, 2017: Provided, 

7 That such amount is designated by the Congress as being 

8 for an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 DOMESTIC NUCLEAR DETECTION OFFICE

12 SYSTEMS ACQUISITION

13 For an additional amount for ‘‘Systems Acquisition’’ 

14 for necessary expenses related to the consequences of Hurri15 cane Sandy for replacing or repairing U.S. Customs and 

16 Border Protection equipment, $3,869,000, to remain avail17 able until September 30, 2015: Provided, That such amount 

18 is designated by the Congress as being for an emergency 

19 requirement pursuant to section 251(b)(2)(A)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 GENERAL PROVISIONS—THIS TITLE 

22 SEC. 601. (a) Section 1309(a) of the National Flood 

23 Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by 

24 striking ‘‘$20,725,000,000’’ and inserting 

25 ‘‘$30,425,000,000’’. 
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1 (b) The amount provided by this section is designated 

2 by the Congress as an emergency requirement pursuant to 

3 section 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985 and as an emergency re5 quirement pursuant to section 4(g) of the Statutory Pay6 As-You-Go Act of 2010. 

7 (c) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall be considered to have taken effect on Decem9 ber 12, 2012. 

10 SEC. 602. The Administrator of the Federal Emer11 gency Management Agency, in cooperation with representa12 tives of State, tribal, and local governments may give great13 er weight to the factors considered under section 

14 206.48(b)(3) of title 44, Code of Federal Regulations, to ac15 curately measure the acute needs of a population following 

16 a disaster in order to expedite a declaration of Individual 

17 Assistance under the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

19 SEC. 603. For determinations regarding compliance 

20 with codes and standards under the Federal Emergency 

21 Management Agency Public Assistance program (42 U.S.C. 

22 5172), the Administrator of the Federal Emergency Man23 agement Agency, for major disasters declared on or after 

24 August 27, 2011, shall consider eligible the costs required 

25 to comply with a State’s Stream Alteration General Permit 
31 

† HR 1 EAS 

1 process, including any design standards required to be met 

2 as a condition of permit issuance. 

3 SEC. 604. Notwithstanding any other provision of law, 

4 the Administrator of the Federal Emergency Management 

5 may recommend to the President an increase in the Federal 

6 cost share of the eligible cost of permanent work under sec7 tion 406 and of emergency work under section 403 and sec8 tion 407 of the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5172) for damages 

10 resulting from Hurricane Sandy without delay. 

11 SEC. 605. In administering the funds made available 

12 to address any major disaster declared during the period 

13 beginning on August 27, 2011 and ending on December 5, 

14 2012, the Administrator of the Federal Emergency Manage15 ment Agency shall establish a pilot program for the reloca16 tion of State facilities under section 406 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5172), under which the Administrator may waive, 

19 or specify alternative requirements for, any regulation the 

20 Administrator administers to provide assistance, consistent 

21 with the National Environmental Policy Act of 1969 (42 

22 U.S.C. 4321 et seq.), for the permanent relocation of State 

23 facilities, including administrative office buildings, medical 

24 facilities, laboratories, and related operating infrastructure 

25 (including heat, sewage, mechanical, electrical, and plumb-
32 

† HR 1 EAS 

1 ing), that were significantly damaged as a result of the 

2 major disaster, are subject to flood risk, and are otherwise 

3 eligible for repair, restoration, reconstruction, or replace4 ment under section 406 of that Act, if the Administrator 

5 determines that such relocation is practicable, and will be 

6 cost effective or more appropriate than repairing, restoring, 

7 reconstructing, or replacing the facility in its pre-disaster 

8 location, and if such relocation will effectively mitigate the 

9 flood risk to the facility. 

10 LEVEES

11 SEC. 606. (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘Administrator’’ means the Admin13 istrator of the Federal Emergency Management Agen14 cy; and 

15 (2) the term ‘‘covered hazard mitigation land’’ 

16 means land— 

17 (A) acquired and deed restricted under sec18 tion 404(b) of the Robert T. Stafford Disaster 

19 Relief and Emergency Assistance Act (42 U.S.C. 

20 5170c(b)) before, on, or after the date of enact21 ment of this Act; and 

22 (B) that is located— 

23 (i) in a West North Central State; and 

24 (ii) in a community that— 
33 

† HR 1 EAS 

1 (I) is participating in the Na2 tional Flood Insurance Program on the 

3 date on which a State, local, or tribal 

4 government submits an application re5 questing to construct a permanent 

6 flood risk reduction levee under sub7 section (b); and 

8 (II) certifies to the Administrator 

9 and the Chief of Engineers that the 

10 community will continue to partici11 pate in the National Flood Insurance 

12 Program. 

13 (b) AUTHORITY.—Notwithstanding clause (i) or (ii) of 

14 section 404(b)(2)(B) of the Robert T. Stafford Disaster Re15 lief and Emergency Assistance Act (42 U.S.C. 

16 5170c(b)(2)(B)), the Administrator shall approve the con17 struction of a permanent flood risk reduction levee by a 

18 State, local, or tribal government on covered hazard mitiga19 tion land if the Administrator and the Chief of Engineers 

20 determine, through a process established by the Adminis21 trator and Chief of Engineers and funded entirely by the 

22 State, local, or tribal government seeking to construct the 

23 proposed levee, that— 

24 (1) construction of the proposed permanent flood 

25 risk reduction levee would more effectively mitigate 
34 

† HR 1 EAS 

1 against flooding risk than an open floodplain or other 

2 flood risk reduction measures; 

3 (2) the proposed permanent flood risk reduction 

4 levee complies with Federal, State, and local require5 ments, including mitigation of adverse impacts and 

6 implementation of floodplain management require7 ments, which shall include an evaluation of whether 

8 the construction, operation, and maintenance of the 

9 proposed levee would continue to meet best available 

10 industry standards and practices and would be the 

11 most cost-effective measure to protect against the as12 sessed flood risk and minimizes future costs to the 

13 Federal Government; 

14 (3) the State, local, or tribal government seeking 

15 to construct the proposed levee has provided an ade16 quate maintenance plan that documents the proce17 dures the State, local, or tribal government will use 

18 to ensure that the stability, height, and overall integ19 rity of the proposed levee and the structure and sys20 tems of the proposed levee are maintained, includ21 ing— 

22 (A) specifying the maintenance activities to 

23 be performed; 

24 (B) specifying the frequency with which 

25 maintenance activities will be performed; 
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† HR 1 EAS 

1 (C) specifying the person responsible for 

2 performing each maintenance activity (by name 

3 or title); 

4 (D) detailing the plan for financing the 

5 maintenance of the levee; and 

6 (E) documenting the ability of the State, 

7 local, or tribal government to finance the main8 tenance of the levee. 

9 (c) MAINTENANCE CERTIFICATION.— 

10 (1) IN GENERAL.—A State, local, or tribal gov11 ernment that constructs a permanent flood risk reduc12 tion levee under subsection (b) shall submit to the Ad13 ministrator and the Chief of Engineers an annual 

14 certification indicating whether the State, local, or 

15 tribal government is in compliance with the mainte16 nance plan provided under subsection (b)(3). 

17 (2) REVIEW.—The Chief of Engineers shall re18 view a certification submitted under paragraph (1) 

19 and determine whether the State, local, or tribal gov20 ernment has complied with the maintenance plan. 

21 SEC. 607. The Administrator of the Federal Emer22 gency Management Agency shall cancel the liquidated bal23 ances of all remaining uncancelled or partially cancelled 

24 loans disbursed under the Community Disaster Loan Act 

25 of 2005 (Public Law 109–88) and the Emergency Supple-
36 

† HR 1 EAS 

1 mental Appropriations Act for Defense, the Global War on 

2 Terror, and Hurricane Recovery, 2006 (Public Law 109– 

3 234), as amended by section 4502 of the U.S. Troop Readi4 ness, Veterans’ Care, Katrina Recovery, and Iraq Account5 ability Appropriations Act, 2007 (Public Law 110–28) to 

6 the extent that revenues of the local government during the 

7 period following the major disaster are insufficient to meet 

8 the budget of the local government, including additional dis9 aster-related expenses of a municipal character. In calcu10 lating a community’s revenues while determining cancella11 tion, the Administrator shall exclude revenues for special 

12 districts and any other revenues that are required by law 

13 to be disbursed to other units of local government or used 

14 for specific purposes more limited than the scope allowed 

15 by the General Fund. In calculating a community’s ex16 penses, the Administrator shall include disaster-related cap17 ital expenses for which the community has not been reim18 bursed by Federal or insurance proceeds, debt service ex19 penses, and accrued but unpaid uncompensated absences 

20 (vacation and sick pay). In calculating the operating deficit 

21 of the local government, the Administrator shall also con22 sider all interfund transfers. When considering the period 

23 following the disaster, the Administrator may consider a 

24 period of 3, 5, or 7 full fiscal years after the disaster, begin25 ning on the date of the declaration, in determining eligi-
37 

† HR 1 EAS 

1 bility for cancellation. The criteria for cancellation do not 

2 apply to those loans already cancelled in full. Applicants 

3 shall submit supplemental documentation in support of 

4 their applications for cancellation on or before April 30, 

5 2014, and the Administrator shall issue determinations and 

6 resolve any appeals on or before April 30, 2015. Loans not 

7 cancelled in full shall be repaid not later than September 

8 30, 2035. The Administrator may use funds provided under 

9 Public Law 109–88 to reimburse those communities that 

10 have repaid all or a portion of loans, including interest, 

11 provided as Special Community Disaster Loans under Pub12 lic Law 109–88 or Public Law 109–234, as amended by 

13 section 4502 of Public Law 110–28. Further, the Adminis14 trator may use funds provided under Public Law 109–88 

15 for necessary expenses to carry out this provision: Provided, 

16 That the entire amount is designated by the Congress as 

17 an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 SEC. 608. The Inspector General shall review the ap21 plications for public assistance provided through the Dis22 aster Relief Fund with a project cost that exceeds 

23 $10,000,000 and the resulting decisions issued by the Fed24 eral Emergency Management Agency for category A debris 

25 removal for DR–1786 upon receipt of a request from an 
38 

† HR 1 EAS 

1 applicant made no earlier than 90 days after filing an ap2 peal with the Federal Emergency Management Agency 

3 without regard to whether the Administrator of the Federal 

4 Emergency Management Agency has issued a final agency 

5 determination on the application for assistance: Provided, 

6 That not later than 180 days after the date of such request, 

7 the Inspector General shall determine whether the Federal 

8 Emergency Management Agency correctly applied its rules 

9 and regulations to determine eligibility of the applicant’s 

10 claim: Provided further, That if the Inspector General finds 

11 that the Federal Emergency Management Agency deter12 minations related to eligibility and cost involved a 

13 misapplication of its rules and regulations, the applicant 

14 may submit the dispute to the arbitration process estab15 lished under the authority granted under section 601 of 

16 Public Law 111–5 not later than 15 days after the date 

17 of issuance of the Inspector General’s finding in the pre18 vious proviso: Provided further, That if the Inspector Gen19 eral finds that the Federal Emergency Management Agency 

20 provided unauthorized funding, that the Federal Emergency 

21 Management Agency shall take corrective action. 

22 DISASTER RECOVERY

23 SEC. 609. (a) SHORT TITLE.—This section may be 

24 cited as the ‘‘Disaster Recovery Act of 2012’’. 

25 (b) HAZARD MITIGATION.— 
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† HR 1 EAS 

1 (1) IN GENERAL.—Section 404 of the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance 

3 Act (42 U.S.C. 5170c) is amended by adding at the 

4 end the following: 

5 ‘‘(d) EXPEDITED PROCEDURES.— 

6 ‘‘(1) IN GENERAL.—For the purpose of providing 

7 assistance under this section, the President shall en8 sure that— 

9 ‘‘(A) adequate resources are devoted to en10 suring that applicable environmental reviews 

11 under the National Environmental Policy Act 

12 and historic preservation reviews under the Na13 tional Historic Preservation Act are completed 

14 on an expeditious basis; and 

15 ‘‘(B) the shortest existing applicable process 

16 under the National Environmental Policy Act 

17 and the National Historic Preservation Act shall 

18 be utilized. 

19 ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PROCE20 DURES.—The President may utilize expedited proce21 dures in addition to those required under paragraph 

22 (1) for the purpose of providing assistance under this 

23 section, such as those under the Prototype Pro24 grammatic Agreement of the Federal Emergency 

25 Management Agency, for the consideration of multiple 
40 

† HR 1 EAS 

1 structures as a group and for an analysis of the cost2 effectiveness and fulfillment of cost-share requirements 

3 for proposed hazard mitigation measures. 

4 ‘‘(e) ADVANCE ASSISTANCE.—The President may pro5 vide not more than 25 percent of the amount of the esti6 mated cost of hazard mitigation measures to a State grantee 

7 eligible for a grant under this section before eligible costs 

8 are incurred.’’. 

9 (2) ESTABLISHMENT OF CRITERIA RELATING TO

10 ADMINISTRATION OF HAZARD MITIGATION ASSISTANCE

11 BY STATES.—Section 404(c)(2) of the Robert T. Staf12 ford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5170c(c)(2)) is amended by inserting 

14 ‘‘Until such time as the Administrator promulgates 

15 regulations to implement this paragraph, the Admin16 istrator may waive notice and comment rulemaking 

17 if the Administrator determines doing so is necessary 

18 to expeditiously implement this section and may 

19 carry out the alternative procedures under this section 

20 as a pilot program’’ after ‘‘applications submitted 

21 under paragraph (1).’’. 

22 (3) APPLICABILITY.—The authority under the 

23 amendments made by this subsection shall apply 

24 for— 
41 

† HR 1 EAS 

1 (A) any major disaster or emergency de2 clared under the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 

4 5121 et seq.) on or after the date of enactment 

5 of this Act; and 

6 (B) a major disaster or emergency declared 

7 before the date of enactment of this Act for which 

8 the period for processing requests for assistance 

9 has not ended on the date of enactment of this 

10 Act. 

11 (c) PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PRO12 CEDURES.—Title IV of the Robert T. Stafford Disaster Re13 lief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) 

14 is amended— 

15 (1) by redesignating section 425 (42 U.S.C. 

16 5189e) relating to essential service providers, as 

17 added by section 607 of the SAFE Port Act (Public 

18 Law 109–347; 120 Stat. 1941) as section 427; and 

19 (2) by adding at the end the following: 

20 ‘‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE 

21 PROCEDURES. 

22 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

23 Emergency Management Agency may approve projects 

24 under the alternative procedures adopted under this section 

25 for— 
42 

† HR 1 EAS 

1 ‘‘(1) any major disaster or emergency declared 

2 on or after the date of enactment of this section; and 

3 ‘‘(2) any project relating to a major disaster or 

4 emergency declared before the date of enactment of 

5 this section for which construction has not begun on 

6 the date of enactment of this section. 

7 ‘‘(b) ADOPTION.—The Administrator, in coordination 

8 with States, tribal, and local governments, and owners or 

9 operators of private nonprofit facilities, may adopt alter10 native procedures to administer assistance provided under 

11 sections 403(a)(3)(A), 406, 407, and 502(a)(5). 

12 ‘‘(c) GOALS.—Any procedures adopted under sub13 section (b) shall further the goals of— 

14 ‘‘(1) reducing the costs to the Federal Govern15 ment of providing such assistance; 

16 ‘‘(2) increasing flexibility in the administration 

17 of such assistance; 

18 ‘‘(3) expediting the provision of such assistance 

19 to States, tribal, and local governments and to owners 

20 or operators of private nonprofit facilities; and 

21 ‘‘(4) providing financial incentives and disincen22 tives for the State, tribal, or local government, or 

23 owner or operator of a private nonprofit facility for 

24 the timely and cost-effective completion of projects 

25 with such assistance. 
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† HR 1 EAS 

1 ‘‘(d) VOLUNTARY PARTICIPATION.—Participation in 

2 alternative procedures adopted under this section shall be 

3 at the election of a State, tribal, or local government, or 

4 owner or operator of a private nonprofit facility consistent 

5 with procedures determined by the Administrator. 

6 ‘‘(e) REQUIREMENTS FOR PROCEDURES.—The alter7 native procedures adopted under subsection (b) shall in8 clude— 

9 ‘‘(1) for repair, restoration, and replacement of 

10 damaged facilities under section 406— 

11 ‘‘(A) making grants on the basis of fixed es12 timates, if the State, tribal, or local government, 

13 or owner or operator of the private nonprofit fa14 cility agrees to be responsible for any actual 

15 costs that exceed the estimate; 

16 ‘‘(B) providing an option for a State, trib17 al, or local government, or owner or operator of 

18 a private nonprofit facility to elect to receive an 

19 in-lieu contribution, without reduction, on the 

20 basis of estimates of— 

21 ‘‘(i) the cost of repair, restoration, re22 construction, or replacement of a public fa23 cility owned or controlled by the State, trib24 al, or local government or the owner or op25 erator of a private nonprofit facility; and 
44 

† HR 1 EAS 

1 ‘‘(ii) management expenses; 

2 ‘‘(C) consolidating, to the extent determined 

3 appropriate by the Administrator, the facilities 

4 of a State, tribal, or local government, or owner 

5 or operator of a private nonprofit facility as a 

6 single project based upon the estimates adopted 

7 under the procedures; 

8 ‘‘(D) if the actual costs of a project com9 pleted under the procedures are less than the esti10 mated costs thereof, the Administrator may per11 mit a grantee or subgrantee to use all or part of 

12 the excess funds for purposes of— 

13 ‘‘(i) cost-effective activities that reduce 

14 the risk of future damage, hardship, or suf15 fering from a major disaster; and 

16 ‘‘(ii) other activities to improve future 

17 Public Assistance operations or planning; 

18 ‘‘(E) in determining eligible cost under sec19 tion 406, the Administrator shall make available, 

20 at an applicant’s request and where the Federal 

21 Emergency Management Agency or the certified 

22 cost estimate prepared by the applicant’s profes23 sionally licensed engineers has estimated an eli24 gible Federal share for a project of not less than 

25 $5,000,000, an independent expert panel to vali-
45 

† HR 1 EAS 

1 date the estimated eligible cost consistent with 

2 applicable regulations and policies implementing 

3 this section; 

4 ‘‘(F) in determining eligible cost under sec5 tion 406, the Administrator shall, at the appli6 cant’s request, consider properly conducted and 

7 certified cost estimates prepared by profes8 sionally licensed engineers (mutually agreed 

9 upon by the Administrator and the applicant), 

10 to the extent that such estimates comply with ap11 plicable regulation, policy, and guidance; and 

12 ‘‘(2) for debris removal under sections 

13 403(a)(3)(A), 407, and 502(a)(5)— 

14 ‘‘(A) making grants on the basis of fixed es15 timates to provide financial incentives and dis16 incentives for the timely or cost effective comple17 tion if the State, tribal, or local government, or 

18 owner or operator of the private nonprofit facil19 ity agrees to be responsible to pay for any actual 

20 costs that exceed the estimate; 

21 ‘‘(B) using a sliding scale for the Federal 

22 share for removal of debris and wreckage based 

23 on the time it takes to complete debris and 

24 wreckage removal; 
46 

† HR 1 EAS 

1 ‘‘(C) allowing use of program income from 

2 recycled debris without offset to the grant 

3 amount; 

4 ‘‘(D) reimbursing base and overtime wages 

5 for employees and extra hires of a State, tribal, 

6 or local government, or owner or operator of a 

7 private nonprofit facility performing or admin8 istering debris and wreckage removal; 

9 ‘‘(E) providing incentives to State, tribal, 

10 and local governments to have a debris manage11 ment plan approved by the Federal Emergency 

12 Management Agency and have pre-qualified one 

13 or more debris and wreckage removal contractors 

14 before the date of declaration of the major dis15 aster; and 

16 ‘‘(F) if the actual costs of projects under 

17 subparagraph (A) are less than the estimated 

18 costs of the project, the Administrator may per19 mit a grantee or subgrantee to use all or part of 

20 the excess funds for— 

21 ‘‘(i) debris management planning; 

22 ‘‘(ii) acquisition of debris management 

23 equipment for current or future use; and 
47 

† HR 1 EAS 

1 ‘‘(iii) other activities to improve future 

2 debris removal operations, as determined by 

3 the Administrator. 

4 ‘‘(f) WAIVER AUTHORITY.—Until such time as the Ad5 ministrator promulgates regulations to implement this sec6 tion, the Administrator may waive notice and comment 

7 rulemaking, if the Administrator determines the waiver is 

8 necessary to expeditiously implement this section, and may 

9 carry out the alternative procedures under this section as 

10 a pilot program. 

11 ‘‘(g) REIMBURSEMENT.—The guidelines for reimburse12 ment for costs under subsection (e)(2)(D) shall assure that 

13 no State, tribal, or local government is denied reimburse14 ment for overtime payments that are required pursuant to 

15 the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 

16 seq.).’’. 

17 (d) SIMPLIFIED PROCEDURES.—Section 422 of the 

18 Robert T. Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5189) is amended— 

20 (1) by striking ‘‘If the Federal estimate’’ and in21 serting the following: 

22 ‘‘(a) IN GENERAL.—If the Federal estimate’’; 

23 (2) by inserting ‘‘or, if the Administrator has es24 tablished a threshold under subsection (b), the amount 
48 

† HR 1 EAS 

1 established under subsection (b)’’ after ‘‘$35,000’’ the 

2 first place it appears; 

3 (3) by inserting ‘‘or, if applicable, the amount 

4 established under subsection (b),’’ after ‘‘$35,000 

5 amount’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(b) THRESHOLD.— 

8 ‘‘(1) REPORT.—Not later than 1 year after the 

9 date of enactment of the Disaster Recovery Act of 

10 2012, the President, acting through the Administrator 

11 of the Federal Emergency Management Agency (in 

12 this section referred to as the ‘Administrator’), 

13 shall— 

14 ‘‘(A) complete an analysis to determine 

15 whether an increase in the threshold for eligi16 bility under subsection (a) is appropriate, which 

17 shall include consideration of cost-effectiveness, 

18 speed of recovery, capacity of grantees, past per19 formance, and accountability measures; and 

20 ‘‘(B) submit to the appropriate committees 

21 of the Congress (as defined in section 602 of the 

22 Post-Katrina Emergency Management Reform 

23 Act of 2006 (6 U.S.C. 701)) a report regarding 

24 the analysis conducted under subparagraph (A). 
49 

† HR 1 EAS 

1 ‘‘(2) AMOUNT.—After the Administrator submits 

2 the report required under paragraph (1), the Presi3 dent shall direct the Administrator to— 

4 ‘‘(A) immediately establish a threshold for 

5 eligibility under this section in an appropriate 

6 amount, without regard to chapter 5 of title 5, 

7 United States Code; and 

8 ‘‘(B) adjust the threshold annually to reflect 

9 changes in the Consumer Price Index for all 

10 Urban Consumers published by the Department 

11 of Labor. 

12 ‘‘(3) REVIEW.—Not later than 3 years after the 

13 date on which the Administrator establishes a thresh14 old under paragraph (2), and every 3 years there15 after, the President, acting through the Adminis16 trator, shall review the threshold for eligibility under 

17 this section.’’. 

18 (e) ESSENTIAL ASSISTANCE.—Section 403 of the Rob19 ert T. Stafford Disaster Relief and Emergency Assistance 

20 Act (42 U.S.C. 5170b) is amended by adding at the end 

21 the following: 

22 ‘‘(d) SALARIES AND BENEFITS.— 

23 ‘‘(1) IN GENERAL.—If the President declares a 

24 major disaster or emergency for an area within the 

25 jurisdiction of a State, tribal, or local government, the 
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1 President may reimburse the State, tribal, or local 

2 government for costs relating to— 

3 ‘‘(A) basic pay and benefits for permanent 

4 employees of the State, tribal, or local govern5 ment conducting emergency protective measures 

6 under this section, if— 

7 ‘‘(i) the work is not typically per8 formed by the employees; and 

9 ‘‘(ii) the type of work may otherwise be 

10 carried out by contract or agreement with 

11 private organizations, firms, or individuals; 

12 or 

13 ‘‘(B) overtime and hazardous duty com14 pensation for permanent employees of the State, 

15 tribal, or local government conducting emergency 

16 protective measures under this section. 

17 ‘‘(2) OVERTIME.—The guidelines for reimburse18 ment for costs under paragraph (1) shall ensure that 

19 no State, tribal, or local government is denied reim20 bursement for overtime payments that are required 

21 pursuant to the Fair Labor Standards Act of 1938 

22 (29 U.S.C. 201 et seq.). 

23 ‘‘(3) NO EFFECT ON MUTUAL AID PACTS.—Noth24 ing in this subsection shall effect the ability of the 
51 

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1 President to reimburse labor force expenses provided 

2 pursuant to an authorized mutual aid pact.’’. 

3 (f) UNIFIED FEDERAL REVIEW.—Title IV of the Rob4 ert T. Stafford Disaster Relief and Emergency Assistance 

5 Act, as amended by subsection (c), is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 429. UNIFIED FEDERAL REVIEW. 

8 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

9 date of enactment of the Disaster Recovery Act of 2012, and 

10 in consultation with the Council on Environmental Quality 

11 and the Advisory Council on Historic Preservation, the 

12 President shall establish an expedited and unified inter13 agency review process to ensure compliance with environ14 mental and historic requirements under Federal law relat15 ing to disaster recovery projects, in order to expedite the 

16 recovery process, consistent with applicable law. 

17 ‘‘(b) CONTENTS.—The review process established under 

18 this section shall include mechanisms to expeditiously ad19 dress delays that may occur during the recovery from a 

20 major disaster, and shall be updated as appropriate, con21 sistent with applicable law.’’. 

22 (g) DISPUTE RESOLUTION PILOT PROGRAM.— 

23 (1) DEFINITIONS.—In this subsection— 
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1 (A) the term ‘‘Administrator’’ means the 

2 Administrator of the Federal Emergency Man3 agement Agency; and 

4 (B) the term ‘‘eligible assistance’’ means as5 sistance— 

6 (i) under section 403, 406, or 407 of 

7 the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 

9 5170b, 5172, 5173); 

10 (ii) for which the legitimate amount in 

11 dispute is not less than $1,000,000, which 

12 the Administrator shall adjust annually to 

13 reflect changes in the Consumer Price Index 

14 for all Urban Consumers published by the 

15 Department of Labor; and 

16 (iii) for which the applicant has a 

17 non-Federal share. 

18 (2) PROCEDURES.— 

19 (A) IN GENERAL.—Not later than 180 days 

20 after the date of enactment of this Act, and in 

21 order to facilitate an efficient recovery from 

22 major disasters, the Administrator shall establish 

23 procedures under which an applicant may re24 quest the use of alternative dispute resolution, 

25 including arbitration by an independent review 
53 

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1 panel, to resolve disputes relating to eligible as2 sistance. 

3 (B) BINDING EFFECT.—A decision by an 

4 independent review panel under this subsection 

5 shall be binding upon the parties to the dispute. 

6 (C) CONSIDERATIONS.—The procedures es7 tablished under this subsection shall— 

8 (i) allow a party of a dispute relating 

9 to eligible assistance to request an inde10 pendent review panel for the review; 

11 (ii) require a party requesting an 

12 independent review panel as described in 

13 clause (i) to agree to forego rights to any 

14 further appeal of the dispute relating to any 

15 eligible assistance; 

16 (iii) require that the sponsor of an 

17 independent review panel for any alter18 native dispute resolution under this sub19 section shall be— 

20 (I) an individual or entity unaf21 filiated with the dispute (which may 

22 include a Federal agency, an adminis23 trative law judge, or a reemployed an24 nuitant who was an employee of the 
54 

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1 Federal Government) selected by the 

2 Administrator; and 

3 (II) responsible for identifying 

4 and maintaining an adequate number 

5 of independent experts qualified to re6 view and resolve disputes under this 

7 subsection; 

8 (iv) require an independent review 

9 panel to— 

10 (I) resolve any remaining dis11 puted issue in accordance with all ap12 plicable laws, regulations, and Federal 

13 Emergency Management Agency inter14 pretations of those laws through its 

15 published policies and guidance; 

16 (II) consider only evidence con17 tained in the administrative record, as 

18 it existed at the time at which the Fed19 eral Emergency Management Agency 

20 made its initial decision; 

21 (III) only set aside a decision of 

22 the Federal Emergency Management 

23 Agency found to be arbitrary, capri24 cious, an abuse of discretion, or other25 wise not in accordance with law; and 
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1 (IV) in the case of a finding of 

2 material fact adverse to the claimant 

3 made on first appeal, only set aside or 

4 reverse such finding if the finding is 

5 clearly erroneous; 

6 (v) require an independent review 

7 panel to expeditiously issue a written deci8 sion for any alternative dispute resolution 

9 under this subsection; and 

10 (vi) direct that if an independent re11 view panel for any alternative dispute reso12 lution under this subsection determines that 

13 the basis upon which a party submits a re14 quest for alternative dispute resolution is 

15 frivolous, the independent review panel shall 

16 direct the party to pay the reasonable costs 

17 of the Federal Emergency Management 

18 Agency relating to the review by the inde19 pendent review panel. 

20 (D) FUNDS RECEIVED.—Any funds received 

21 by the Federal Emergency Management Agency 

22 under the authority under this subsection shall 

23 be deposited to the credit of the appropriation or 

24 appropriations available for the eligible assist-
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† HR 1 EAS 

1 ance in dispute on the date on which the funds 

2 are received. 

3 (3) SUNSET.—A request for review by an inde4 pendent review panel under this subsection may not 

5 be made after December 31, 2015. 

6 (4) REPORT.— 

7 (A) IN GENERAL.—Not later than 270 days 

8 after the termination of authority under this 

9 subsection pursuant to paragraph (3), the Comp10 troller General of the United States shall submit 

11 to the Committee on Homeland Security and 

12 Governmental Affairs of the Senate and the 

13 Committee on Transportation and Infrastructure 

14 of the House of Representatives a report ana15 lyzing the effectiveness of the program under this 

16 subsection. 

17 (B) CONTENTS.—The report submitted 

18 under subparagraph (A) shall include— 

19 (i) a determination of the availability 

20 of data required to complete the report; 

21 (ii) an assessment of the effectiveness of 

22 the program under this subsection, includ23 ing an assessment of whether the program 

24 expedited or delayed the disaster recovery 

25 process; 
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† HR 1 EAS 

1 (iii) an assessment of whether the pro2 gram increased or decreased costs to admin3 ister section 403, 406, or 407 of the Robert 

4 T. Stafford Disaster Relief and Emergency 

5 Assistance Act; 

6 (iv) an assessment of the procedures 

7 and safeguards that the independent review 

8 panels established to ensure objectivity and 

9 accuracy, and the extent to which they fol10 lowed those procedures and safeguards; 

11 (v) a recommendation as to whether 

12 any aspect of the program under this sub13 section should be made a permanent author14 ity; and 

15 (vi) recommendations for any modi16 fications to the authority or the administra17 tion of the authority under this subsection 

18 in order to improve the disaster recovery 

19 process. 

20 (h) INDIVIDUAL ASSISTANCE FACTORS.—In order to 

21 provide more objective criteria for evaluating the need for 

22 assistance to individuals and to speed a declaration of a 

23 major disaster or emergency under the Robert T. Stafford 

24 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

25 5121 et seq.), not later than 1 year after the date of enact-
58 

† HR 1 EAS 

1 ment of this Act, the Administrator of the Federal Emer2 gency Management Agency, in cooperation with representa3 tives of State, tribal, and local emergency management 

4 agencies, shall review, update, and revise through rule5 making the factors considered under section 206.48 of title 

6 44, Code of Federal Regulations (including section 

7 206.48(b)(2) of such title relating to trauma and the specific 

8 conditions or losses that contribute to trauma), to measure 

9 the severity, magnitude, and impact of a disaster. 

10 (i) CHILD CARE.—Section 408(e)(1) of the Robert T. 

11 Stafford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5174(e)(1)) is amended— 

13 (1) in the paragraph heading, by inserting 

14 ‘‘CHILD CARE,’’ after ‘‘DENTAL,’’; and 

15 (2) by inserting ‘‘child care,’’ after ‘‘dental,’’. 

16 (j) TEMPORARY HOUSING.—Section 408(c)(1)(B) of 

17 the Robert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5174(c)(1)(B)) is amended— 

19 (1) by redesignating clauses (ii) and (iii) as 

20 clauses (iii) and (iv), respectively; 

21 (2) by inserting after clause (i) the following: 

22 ‘‘(ii) LEASE AND REPAIR OF RENTAL

23 UNITS FOR TEMPORARY HOUSING.— 

24 ‘‘(I) IN GENERAL.—The President, 

25 to the extent it would be a cost effective 
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† HR 1 EAS 

1 alternative to other temporary housing 

2 options, may— 

3 ‘‘(aa) enter into lease agree4 ments with owners of multifamily 

5 rental property located in areas 

6 covered by a major disaster dec7 laration to house individuals and 

8 households eligible for assistance 

9 under this section; and 

10 ‘‘(bb) make repairs or im11 provement to properties under 

12 such lease agreements, to the ex13 tent necessary to serve as safe and 

14 adequate temporary housing. 

15 ‘‘(II) IMPROVEMENTS OR RE16 PAIRS.—Under the terms of any lease 

17 agreement for property entered into 

18 under this subsection, the value of the 

19 improvements or repairs shall be de20 ducted from the value of the lease 

21 agreement; and may not exceed the 

22 value of the lease agreement. 

23 ‘‘(III) PERIOD OF ASSISTANCE.— 

24 The President may not provide direct 

25 assistance under this clause with re-
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† HR 1 EAS 

1 spect to a major disaster after the end 

2 of the 18-month period beginning on 

3 the date of declaration of the major 

4 disaster by the President, except that 

5 the President may extend that period if 

6 the President determines that due to 

7 extraordinary circumstances an exten8 sion would be in the public interest.’’; 

9 and 

10 (3) in clause (iv), as so redesignated, by striking 

11 ‘‘clause (ii)’’ and inserting ‘‘clause (iii)’’. 

12 (k) TRIBAL REQUESTS FOR A MAJOR DISASTER OR

13 EMERGENCY DECLARATION UNDER THE STAFFORD ACT.— 

14 (1) MAJOR DISASTER REQUESTS.—Section 401 

15 of the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5170) is amended— 

17 (A) by striking ‘‘All requests for a declara18 tion’’ and inserting ‘‘(a) IN GENERAL.—All re19 quests for a declaration’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

22 ‘‘(1) IN GENERAL.—The Chief Executive of an 

23 affected Indian tribal government may submit a re24 quest for a declaration by the President that a major 
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1 disaster exists consistent with the requirements of sub2 section (a). 

3 ‘‘(2) REFERENCES.—In implementing assistance 

4 authorized by the President under this Act in re5 sponse to a request of the Chief Executive of an af6 fected Indian tribal government for a major disaster 

7 declaration, any reference in this Act, except sections 

8 310 and 326, to a State or the Governor of a State 

9 is deemed to refer to an affected Indian tribal govern10 ment or the Chief Executive of an affected Indian 

11 tribal government, as appropriate. 

12 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub13 section shall prohibit an Indian tribal government 

14 from receiving assistance under this Act through a 

15 declaration made by the President at the request of a 

16 State under subsection (a) if the President does not 

17 make a declaration under this subsection for the same 

18 incident. 

19 ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL

20 GOVERNMENTS.— 

21 ‘‘(1) IN GENERAL.—In providing assistance to 

22 an Indian tribal government under this Act, the 

23 President may waive or adjust any payment of a 

24 non-Federal contribution with respect to the assist25 ance if— 
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† HR 1 EAS 

1 ‘‘(A) the President has the authority to 

2 waive or adjust the payment under another pro3 vision of this Act; and 

4 ‘‘(B) the President determines that the 

5 waiver or adjustment is necessary and appro6 priate. 

7 ‘‘(2) CRITERIA FOR MAKING DETERMINATIONS.— 

8 The President shall establish criteria for making de9 terminations under paragraph (1)(B).’’. 

10 (2) EMERGENCY REQUESTS.—Section 501 of the 

11 Robert T. Stafford Disaster Relief and Emergency As12 sistance Act (42 U.S.C. 5191) is amended by adding 

13 at the end the following: 

14 ‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

15 ‘‘(1) IN GENERAL.—The Chief Executive of an 

16 affected Indian tribal government may submit a re17 quest for a declaration by the President that an emer18 gency exists consistent with the requirements of sub19 section (a). 

20 ‘‘(2) REFERENCES.—In implementing assistance 

21 authorized by the President under this Act in re22 sponse to a request of the Chief Executive of an af23 fected Indian tribal government for an emergency dec24 laration, any reference in this Act, except sections 310 

25 and 326, to a State or the Governor of a State is 
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† HR 1 EAS 

1 deemed to refer to an affected Indian tribal govern2 ment or the Chief Executive of an affected Indian 

3 tribal government, as appropriate. 

4 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub5 section shall prohibit an Indian tribal government 

6 from receiving assistance under this Act through a 

7 declaration made by the President at the request of a 

8 State under subsection (a) if the President does not 

9 make a declaration under this subsection for the same 

10 incident.’’. 

11 (3) DEFINITIONS.—Section 102 of the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance 

13 Act (42 U.S.C. 5122) is amended— 

14 (A) in paragraph (7)(B) by striking ‘‘; 

15 and’’ and inserting ‘‘, that is not an Indian trib16 al government as defined in paragraph (6); 

17 and’’; 

18 (B) by redesignating paragraphs (6) 

19 through (10) as paragraphs (7) through (11), re20 spectively; 

21 (C) by inserting after paragraph (5) the fol22 lowing: 

23 ‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term 

24 ‘Indian tribal government’ means the governing body 

25 of any Indian or Alaska Native tribe, band, nation, 
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† HR 1 EAS 

1 pueblo, village, or community that the Secretary of 

2 the Interior acknowledges to exist as an Indian tribe 

3 under the Federally Recognized Indian Tribe List Act 

4 of 1994 (25 U.S.C. 479a et seq.).’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Exec7 utive’ means the person who is the Chief, Chairman, 

8 Governor, President, or similar executive official of 

9 an Indian tribal government.’’. 

10 (4) REFERENCES.—Title I of the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act 

12 (42 U.S.C. 5121 et seq.) is amended by adding after 

13 section 102 the following: 

14 ‘‘SEC. 103. REFERENCES. 

15 ‘‘Except as otherwise specifically provided, any ref16 erence in this Act to ‘State and local’, ‘State or local’, 

17 ‘State, and local’, ‘State, or local’, or ‘State, local’ (includ18 ing the plural form of such terms) with respect to govern19 ments or officials and any reference to a ‘local government’ 

20 in sections 406(d)(3) and 417 shall be deemed to refer also 

21 to Indian tribal governments and officials, as appro22 priate.’’. 

23 (5) REGULATIONS.— 
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1 (A) ISSUANCE.—The President shall issue 

2 regulations to carry out the amendments made 

3 by this subsection. 

4 (B) FACTORS.—In issuing regulations 

5 under this paragraph, the President shall con6 sider the unique conditions that affect the gen7 eral welfare of Indian tribal governments. 

8 (l) REPORT.—Not later than 90 days after the date 

9 of enactment of this Act, the Chair of the Hurricane Sandy 

10 Rebuilding Task Force established by the President, in con11 sultation with the Administrator of the Federal Emergency 

12 Management Agency, the Secretary of the Treasury, and 

13 others whom the Chair determines to be appropriate, shall 

14 submit to the Committee on Appropriations and the Com15 mittee on Homeland Security and Governmental Affairs of 

16 the Senate and the Committee on Appropriations and the 

17 Committee on Transportation and Infrastructure of the 

18 House of Representatives a report that includes a discussion 

19 of— 

20 (1) the impacts of Hurricane Sandy on local 

21 government budgets in States where a major disaster 

22 has been declared, including revenues from taxes, fees, 

23 and other sources, and expenses related to operations, 

24 debt obligations, and unreimbursed disaster-related 

25 costs; 
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† HR 1 EAS 

1 (2) the availability of loans from private sources 

2 to address such impacts, including information on in3 terest rates, repayment terms, securitization require4 ments, and the ability of affected local governments to 

5 qualify for such loans; 

6 (3) the availability of Federal resources to ad7 dress the budgetary impacts of Hurricane Sandy 

8 upon local governments; 

9 (4) the ability of the Community Disaster Loan 

10 program authorized under section 417 of the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance 

12 Act (42 U.S.C. 5184) to effectively and expeditiously 

13 address budgetary impacts of Hurricane Sandy and 

14 other disasters upon local governments, including— 

15 (A) an assessment of the current statutory 

16 limits on loan amounts; 

17 (B) the regulations, policies, and procedures 

18 governing program mobilization to communities 

19 in need and expeditious processing of loan appli20 cations; 

21 (C) information on interest rates, repay22 ment terms, securitization requirements, and 

23 ability of affected local governments to qualify 

24 for such loans; 
67 

† HR 1 EAS 

1 (D) criteria governing the cancellation of 

2 such loans, including appropriate classification 

3 of available revenues and eligible expenses, and 

4 the consistency of program rules with customary 

5 local government budgetary practices and State 

6 or local laws that affect the specific budgetary 

7 practices of local governments affected by Hurri8 cane Sandy and other disasters; 

9 (E) repayment terms and timeframes on 

10 loans that do not qualify for cancellation; 

11 (F) options for Congressional consideration 

12 related to legislative modifications of this pro13 gram, and any other applicable provisions of 

14 Federal law, in order to address the budgetary 

15 impacts of Hurricane Sandy and other disasters 

16 upon local governments; and 

17 (G) recommendations on steps the Federal 

18 Emergency Management Agency may take in 

19 order to improve program administration, effec20 tiveness, communications, and speed; and 

21 (5) potential consequences of Federal action or 

22 inaction to address the budgetary impacts of Hurri23 cane Sandy upon local governments. 
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1 (m) APPLICABILITY.—Unless otherwise specified, this 

2 section and the amendments made by this section shall 

3 apply for— 

4 (1) any major disaster or emergency declared 

5 under the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5121 et seq.) on 

7 or after the date of enactment of this Act; and 

8 (2) a major disaster or emergency declared before 

9 the date of enactment of this Act for which the period 

10 for processing requests for assistance has not ended on 

11 the date of enactment of this Act. 

12 TITLE VII 

13 DEPARTMENT OF THE INTERIOR 

14 FISH AND WILDLIFE SERVICE

15 CONSTRUCTION

16 For an additional amount for ‘‘Construction’’ for nec17 essary expenses incurred to prepare for, respond to, and re18 cover from Hurricane Sandy, $78,000,000, to remain avail19 able until expended: Provided, That such amount is des20 ignated by the Congress as being for an emergency require21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 
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† HR 1 EAS 

1 NATIONAL PARK SERVICE

2 HISTORIC PRESERVATION FUND

3 For an additional amount for the ‘‘Historic Preserva4 tion Fund’’ for necessary expenses related to the con5 sequences of Hurricane Sandy, $50,000,000, to remain 

6 available until September 30, 2015, including costs to states 

7 necessary to complete compliance activities required by sec8 tion 106 of the National Historic Preservation Act and costs 

9 needed to administer the program: Provided, That grants 

10 shall only be available for areas that have received a major 

11 disaster declaration pursuant to the Robert T. Stafford Dis12 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

13 et seq.): Provided further, That individual grants shall not 

14 be subject to a non-Federal matching requirement: Provided 

15 further, That such amount is designated by the Congress 

16 as being for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 CONSTRUCTION

20 For an additional amount for ‘‘Construction’’ for nec21 essary expenses incurred to prepare for, respond to, and re22 cover from Hurricane Sandy, $348,000,000, to remain 

23 available until expended: Provided, That such amount is 

24 designated by the Congress as being for an emergency re-
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† HR 1 EAS 

1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

4 OIL SPILL RESEARCH

5 For an additional amount for ‘‘Oil Spill Research’’ 

6 for necessary expenses related to the consequences of Hurri7 cane Sandy, $3,000,000, to remain available until ex8 pended: Provided, That such amount is designated by the 

9 Congress as being for an emergency requirement pursuant 

10 to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 DEPARTMENTAL OPERATIONS

13 OFFICE OF THE SECRETARY

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Departmental Oper16 ations’’ and any Department of the Interior component bu17 reau or office for necessary expenses related to the con18 sequences of Hurricane Sandy and for other activities re19 lated to storms and natural disasters, $150,000,000, to re20 main available until expended: Provided, That funds ap21 propriated herein shall be used to restore and rebuild parks, 

22 refuges, and other public assets; increase the resiliency and 

23 capacity of coastal habitat and infrastructure to withstand 

24 future storms and reduce the amount of damage caused by 

25 such storms; protect natural and cultural values; and assist 
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1 State, tribal and local governments: Provided further, That 

2 the Secretary may transfer these funds to any other account 

3 in the Department and may expend such funds by direct 

4 expenditure, grants, or cooperative agreements, including 

5 grants to or cooperative agreements with States, Tribes, and 

6 municipalities, to carry out the purposes provided herein: 

7 Provided further, That the Secretary shall submit to the 

8 Committees on Appropriations of the House of Representa9 tives and the Senate a detailed spending plan for the 

10 amounts provided herein within 60 days of enactment of 

11 this Act: Provided further, That such amount is designated 

12 by the Congress as being for an emergency requirement pur13 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 ENVIRONMENTAL PROTECTION AGENCY 

16 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

17 For an additional amount for ‘‘Environmental Pro18 grams and Management’’ for necessary expenses related to 

19 the consequences of Hurricane Sandy, $725,000, to remain 

20 available until expended: Provided, That such amount is 

21 designated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 
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† HR 1 EAS 

1 HAZARDOUS SUBSTANCE SUPERFUND

2 For an additional amount for ‘‘Hazardous Substance 

3 Superfund’’ for necessary expenses related to the con4 sequences of Hurricane Sandy, $2,000,000, to remain avail5 able until expended: Provided, That such amount is des6 ignated by the Congress as being for an emergency require7 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 LEAKING UNDERGROUND STORAGE TANK FUND

10 For an additional amount for ‘‘Leaking Underground 

11 Storage Tank Fund’’ for necessary expenses related to the 

12 consequences of Hurricane Sandy, $5,000,000, to remain 

13 available until expended: Provided, That such amount is 

14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 STATE AND TRIBAL ASSISTANCE GRANTS

18 For an additional amount for ‘‘State and Tribal As19 sistance Grants’’, $810,000,000, to remain available until 

20 expended, of which $700,000,000 shall be for capitalization 

21 grants for the Clean Water State Revolving Funds under 

22 Title VI of the Federal Water Pollution Control Act, and 

23 of which $110,000,000 shall be for capitalization grants 

24 under section 1452 of the Safe Drinking Water Act: Pro25 vided, That notwithstanding section 604(a) of the Federal 
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† HR 1 EAS 

1 Water Pollution Control Act and section 1452(a)(1)(D) of 

2 the Safe Drinking Water Act, funds appropriated herein 

3 shall be provided to States that have received a major dis4 aster declaration pursuant to the Robert T. Stafford Dis5 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

6 et seq.) for Hurricane Sandy: Provided further, That no 

7 eligible state shall receive less than two percent of such 

8 funds: Provided further, That funds appropriated herein 

9 shall not be subject to the matching or cost share require10 ments of sections 602(b)(2), 602(b)(3) or 202 of the Federal 

11 Water Pollution Control Act nor the matching requirements 

12 of section 1452(e) of the Safe Drinking Water Act: Provided 

13 further, That notwithstanding the requirements of section 

14 603(d) of the Federal Water Pollution Control Act, for the 

15 funds appropriated herein, each State shall use not less 

16 than 50 percent of the amount of its capitalization grants 

17 to provide additional subsidization to eligible recipients in 

18 the form of forgiveness of principal, negative interest loans 

19 or grants or any combination of these: Provided further, 

20 That the funds appropriated herein shall only be used for 

21 eligible projects whose purpose is to reduce flood damage 

22 risk and vulnerability or to enhance resiliency to rapid hy23 drologic change or a natural disaster at treatment works 

24 as defined by section 212 of the Federal Water Pollution 

25 Control Act or any eligible facilities under section 1452 of 
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1 the Safe Drinking Water Act, and for other eligible tasks 

2 at such treatment works or facilities necessary to further 

3 such purposes: Provided further, That notwithstanding the 

4 definition of treatment works in section 212 of the Federal 

5 Water Pollution Control Act, and subject to the purposes 

6 described herein, the funds appropriated herein shall be 

7 available for the purchase of land and easements necessary 

8 for the siting of eligible treatment works projects: Provided 

9 further, That the Administrator may retain up to 

10 $1,000,000 of the funds appropriated herein for manage11 ment and oversight of the requirements of this section: Pro12 vided further, That such amounts are designated by the 

13 Congress as being for an emergency requirement pursuant 

14 to section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 RELATED AGENCIES 

17 DEPARTMENT OF AGRICULTURE 

18 FOREST SERVICE

19 CAPITAL IMPROVEMENT AND MAINTENANCE

20 For an additional amount for ‘‘Capital Improvement 

21 and Maintenance’’ for necessary expenses related to the con22 sequences of Hurricane Sandy, $4,400,000, to remain avail23 able until expended: Provided, That such amount is des24 ignated by the Congress as being for an emergency require-
75 

† HR 1 EAS 

1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 OTHER RELATED AGENCY 

4 SMITHSONIAN INSTITUTION

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’ for necessary expenses related to the consequences 

8 of Hurricane Sandy, $2,000,000, to remain available until 

9 expended: Provided, That such amount is designated by the 

10 Congress as being for an emergency requirement pursuant 

11 to section 251(b)(2)(A)(i) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 TITLE VIII 

14 DEPARTMENT OF LABOR 

15 EMPLOYMENT AND TRAINING ADMINISTRATION

16 TRAINING AND EMPLOYMENT SERVICES

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Training and Employ19 ment Services’’, $50,000,000, for the dislocated workers as20 sistance national reserve for necessary expenses resulting 

21 from Hurricane Sandy, which shall be available from the 

22 date of enactment of this Act through September 30, 2013: 

23 Provided, That the Secretary of Labor may transfer up to 

24 $3,500,000 of such funds to any other Department of Labor 

25 account for other Hurricane Sandy reconstruction and re-
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1 covery needs, including worker protection activities: Pro2 vided further, That such amounts are designated by the 

3 Congress as being for an emergency requirement pursuant 

4 to section 251(b)(2)(A)(i) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 ADMINISTRATION FOR CHILDREN AND FAMILIES

9 SOCIAL SERVICES BLOCK GRANT

10 For an additional amount for ‘‘Social Services Block 

11 Grant’’, $500,000,000, for necessary expenses resulting from 

12 Hurricane Sandy in States for which the President declared 

13 a major disaster under title IV of the Robert T. Stafford 

14 Disaster Relief and Emergency Assistance Act, notwith15 standing section 2003 and paragraphs (1) and (4) of section 

16 2005(a) of the Social Security Act: Provided, That, notwith17 standing section 2002 of the Social Security Act, the dis18 tribution of such amount shall be limited to States directly 

19 affected by these events: Provided further, That section 

20 2002(c) of the Social Security Act shall be applied to funds 

21 appropriated in this paragraph by substituting succeeding 

22 2 fiscal years for succeeding fiscal year: Provided further, 

23 That funds appropriated in this paragraph are in addition 

24 to the entitlement grants authorized by section 2002(a)(1) 

25 of the Social Security Act and shall not be available for 
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1 such entitlement grants: Provided further, That in addition 

2 to other uses permitted by title XX of the Social Security 

3 Act, funds appropriated in this paragraph may be used for 

4 health services (including mental health services), and for 

5 costs of renovating, repairing, or rebuilding health care fa6 cilities (including mental health facilities), child care facili7 ties, or other social services facilities: Provided further, That 

8 notwithstanding paragraphs (2) and (8) of section 2005(a) 

9 of the Social Security Act, a State may use up to 10 percent 

10 of its allotment of funds appropriated in this paragraph 

11 to supplement any other funds available for the following 

12 costs, subject to guidelines established by the Secretary, for 

13 health care providers (as defined by the Secretary): (a) pay14 ments to compensate employees of health care providers for 

15 wages lost as a direct result of Hurricane Sandy, and (b) 

16 payments to support the viability of health care providers 

17 with facilities that were substantially damaged as a direct 

18 result of Hurricane Sandy: Provided further, That funds 

19 appropriated in this paragraph are also available for costs 

20 incurred up to 3 days prior to Hurricane Sandy’s October 

21 29, 2012, landfall, subject to Federal review of documenta22 tion of the cost of services provided: Provided further, That 

23 none of the funds appropriated in this paragraph shall be 

24 available for costs that are reimbursed by the Federal Emer25 gency Management Agency or insurance: Provided further, 
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1 That, with respect to the Federal interest in real property 

2 acquired or on which construction or major renovation of 

3 facilities (as such terms are defined in 45 CFR 1309.3) is 

4 undertaken with these funds, procedures equivalent to those 

5 specified in Subpart C of 45 CFR Part 1309 shall apply: 

6 Provided further, That such amount is designated by the 

7 Congress as being for an emergency requirement pursuant 

8 to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 CHILDREN AND FAMILY SERVICES PROGRAMS

11 For an additional amount for ‘‘Children and Families 

12 Services Programs’’, $100,000,000, for making payments 

13 under the Head Start Act in States for which the President 

14 declared a major disaster under title IV of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act as 

16 a result of Hurricane Sandy: Provided, That funds appro17 priated in this paragraph are not subject to the allocation 

18 requirements of section 640(a) or the matching require19 ments of section 640(b) of the Head Start Act: Provided 

20 further, That funds appropriated in this paragraph shall 

21 be available through September 30, 2014 for activities to 

22 assist affected Head Start agencies, including technical as23 sistance, costs of Head Start services (including supportive 

24 services for children and families, and provision of mental 

25 health services for children affected by Hurricane Sandy), 
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1 and costs of renovating, repairing, or rebuilding those Head 

2 Start facilities damaged as a result of Hurricane Sandy: 

3 Provided further, That none of the funds appropriated in 

4 this paragraph shall be included in the calculation of the 

5 ‘‘base grant’’ in subsequent fiscal years, as such term is used 

6 in section 640(a)(7)(A) of the Head Start Act: Provided fur7 ther, That none of the funds appropriated in this paragraph 

8 shall be available for costs that are reimbursed by the Fed9 eral Emergency Management Agency or by insurance: Pro10 vided further, That such amounts are designated by the 

11 Congress as being for an emergency requirement pursuant 

12 to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 OFFICE OF THE SECRETARY

15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Public Health and So18 cial Services Emergency Fund’’ for disaster response and 

19 recovery, and other expenses related to Hurricane Sandy, 

20 and for other disaster-response activities, $200,000,000, to 

21 remain available until expended: Provided, That these 

22 funds may be transferred by the Secretary to accounts with23 in the Department of Health and Human Services, and 

24 shall be available only for the purposes provided in this 

25 paragraph: Provided further, That the transfer authority 
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1 provided in this paragraph is in addition to any other 

2 transfer authority available in this or any other Act: Pro3 vided further, That obligations incurred for the purposes 

4 provided herein prior to the enactment of this Act may be 

5 charged to this appropriation: Provided further, That funds 

6 appropriated in this paragraph may be used to make 

7 grants for renovating, repairing, or rebuilding non-Federal 

8 research facilities damaged as a result of Hurricane Sandy: 

9 Provided further, That funds appropriated under this para10 graph shall not be available for costs that are eligible for 

11 reimbursement by the Federal Emergency Management 

12 Agency or are covered by insurance: Provided further, That 

13 such amount is designated by the Congress as being for an 

14 emergency requirement pursuant to section 251(b)(2)(A)(i) 

15 of the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 RELATED AGENCY 

18 SOCIAL SECURITY ADMINISTRATION

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 For an additional amount for ‘‘Limitation on Admin21 istrative Expenses’’, $2,000,000, for necessary expenses re22 sulting from Hurricane Sandy: Provided, That such 

23 amount is designated by the Congress as being for an emer24 gency requirement pursuant to section 251(b)(2)(A)(i) of 
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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 TITLE IX 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION 

6 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

7 For an additional amount for ‘‘Military Construction, 

8 Army National Guard’’, $24,200,000, to remain available 

9 until September 30, 2014, for necessary expenses related to 

10 the consequences of Hurricane Sandy: Provided, That such 

11 funds may be obligated or expended for planning and de12 sign and military construction projects not otherwise au13 thorized by law: Provided further, That such amount is des14 ignated by the Congress as being for an emergency require15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 DEPARTMENT OF VETERANS AFFAIRS 

18 VETERANS HEALTH ADMINISTRATION

19 MEDICAL SERVICES

20 For an additional amount for ‘‘Medical Services’’, 

21 $21,000,000, to remain available until September 30, 2014, 

22 for necessary expenses related to the consequences of Hurri23 cane Sandy: Provided, That such amount is designated by 

24 the Congress as being for an emergency requirement pursu-
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1 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 MEDICAL FACILITIES

4 For an additional amount for ‘‘Medical Facilities’’, 

5 $6,000,000, to remain available until September 30, 2014, 

6 for necessary expenses related to the consequences of Hurri7 cane Sandy: Provided, That such amount is designated by 

8 the Congress as being for an emergency requirement pursu9 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 NATIONAL CEMETERY ADMINISTRATION

12 For an additional amount for ‘‘National Cemetery Ad13 ministration’’, $1,100,000, for necessary expenses related to 

14 the consequences of Hurricane Sandy: Provided, That such 

15 amount is designated by the Congress as being for an emer16 gency requirement pursuant to section 251(b)(2)(A)(i) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 DEPARTMENTAL ADMINISTRATION

20 INFORMATION TECHNOLOGY SYSTEMS

21 For an additional amount for ‘‘Information Tech22 nology Systems’’, $500,000, for necessary expenses related 

23 to the consequences of Hurricane Sandy: Provided, That 

24 such amount is designated by the Congress as being for an 

25 emergency requirement pursuant to section 251(b)(2)(A)(i) 
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1 of the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For an additional amount for ‘‘Construction, Major 

5 Projects’’, $207,000,000 to remain available until expended, 

6 for renovations and repairs to the Department of Veterans 

7 Affairs Medical Center in Manhattan, New York, as a con8 sequence of damage caused by Hurricane Sandy: Provided, 

9 That notwithstanding any other provision of law, such 

10 funds may be obligated and expended to carry out planning 

11 and design and major medical facility construction not oth12 erwise authorized by law: Provided further, That such 

13 amount is designated by the Congress as being for an emer14 gency requirement pursuant to section 251(b)(2)(A)(i) of 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 TITLE X 

18 DEPARTMENT OF TRANSPORTATION 

19 FEDERAL AVIATION ADMINISTRATION

20 FACILITIES AND EQUIPMENT

21 (AIRPORT AND AIRWAY TRUST FUND)

22 For an additional amount for ‘‘Facilities and equip23 ment’’, $30,000,000, to be derived from the Airport and Air24 way Trust Fund and to remain available until expended, 

25 for necessary expenses related to the consequences of Hurri-
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1 cane Sandy: Provided, That such amount is designated by 

2 the Congress as being for an emergency requirement pursu3 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 FEDERAL HIGHWAY ADMINISTRATION

6 FEDERAL-AID HIGHWAYS

7 EMERGENCY RELIEF PROGRAM

8 For an additional amount for the Emergency Relief 

9 Program as authorized under section 125 of title 23, United 

10 States Code, $921,000,000, to remain available until ex11 pended: Provided, That such amount is designated by the 

12 Congress as being for an emergency requirement pursuant 

13 to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 FEDERAL RAILROAD ADMINISTRATION

16 GRANTS TO THE NATIONAL RAILROAD PASSENGER

17 CORPORATION

18 For an additional amount for the Secretary to make 

19 grants to the National Railroad Passenger Corporation for 

20 costs and losses incurred as a result of Hurricane Sandy 

21 and to advance capital projects that address Northeast Cor22 ridor infrastructure recovery, mitigation and resiliency in 

23 the affected areas, $336,000,000, to remain available until 

24 expended: Provided, That the Administrator of the Federal 

25 Railroad Administration may retain up to one-half of 1 
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1 percent of the funds provided under this heading to fund 

2 the award and oversight by the Administrator of grants 

3 made under this heading: Provided further, That such 

4 amount is designated by the Congress as being for an emer5 gency requirement pursuant to section 251(b)(2)(A)(i) of 

6 the Balanced Budget and Emergency Deficit Control Act 

7 of 1985. 

8 FEDERAL TRANSIT ADMINISTRATION

9 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

10 For the Public Transportation Emergency Relief Pro11 gram as authorized under section 5324 of title 49, United 

12 States Code, $10,783,000,000, to remain available until ex13 pended, for recovery and relief efforts in the areas most af14 fected by Hurricane Sandy: Provided, That, of the funds 

15 provided under this heading, the Secretary may transfer up 

16 to $5,383,000,000 to the appropriate agencies to fund pro17 grams authorized under titles 23 and 49, United States 

18 Code, in order to carry out mitigation projects related to 

19 reducing risk of damage from future disasters in areas im20 pacted by Hurricane Sandy: Provided further, That the 

21 Committees on Appropriations of the Senate and the House 

22 of Representatives shall be notified at least 15 days in ad23 vance of any such transfer: Provided further, That notwith24 standing any other provision of law, the Federal share for 

25 all projects funded under this heading for repairs, recon-
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1 struction or mitigation of transportation infrastructure in 

2 areas impacted by Hurricane Sandy shall be 90 percent: 

3 Provided further, That up to three-quarters of 1 percent of 

4 the funds retained for public transportation emergency re5 lief shall be available for the purposes of administrative ex6 penses and ongoing program management oversight as au7 thorized under 49 U.S.C. 5334 and 5338(i)(2) and shall 

8 be in addition to any other appropriations for such pur9 poses: Provided further, That, of the funds made available 

10 under this heading, $6,000,000 shall be transferred to the 

11 Office of Inspector General to support the oversight of ac12 tivities funded under this heading: Provided further, That 

13 such amounts are designated by the Congress as being for 

14 an emergency requirement pursuant to section 

15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 DEPARTMENT OF HOUSING AND URBAN 

18 DEVELOPMENT 

19 COMMUNITY PLANNING AND DEVELOPMENT

20 COMMUNITY DEVELOPMENT FUND

21 For an additional amount for the ‘‘Community Devel22 opment Fund’’ for necessary expenses related to disaster re23 lief, long-term recovery, restoration of infrastructure and 

24 housing, economic revitalization, and mitigation in the 

25 most impacted and distressed areas resulting from a major 
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1 disaster declared pursuant to the Robert T. Stafford Dis2 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

3 et seq.), due to Hurricane Sandy, for activities authorized 

4 under title I of the Housing and Community Development 

5 Act of 1974 (42 U.S.C. 5301 et seq.), $17,000,000,000, to 

6 remain available until expended, of which at least 

7 $2,000,000,000 shall be used for mitigation projects to re8 duce future risk and vulnerabilities: Provided, That the Sec9 retary shall establish a minimum allocation for each eligi10 ble State declared a major disaster due to Hurricane 

11 Sandy: Provided further, That of the amount provided 

12 under this heading, $500,000,000 shall be used to address 

13 the unmet needs of impacted areas resulting from a major 

14 disaster declared pursuant to the Robert T. Stafford Dis15 aster Relief Act (42 U.S.C. 5121 et seq.) or for small, eco16 nomically distressed areas with a disaster declared in 2011 

17 or 2012: Provided further, That funds shall be awarded di18 rectly to the State or unit of general local government as 

19 a grantee at the discretion of the Secretary: Provided fur20 ther, That the Secretary shall allocate to grantees not less 

21 than 33 percent of the funds provided under this heading 

22 within 60 days after the enactment of this Act based on 

23 the best available data: Provided further, That prior to the 

24 obligation of funds, a grantee shall submit a plan to the 

25 Secretary for approval detailing the proposed use of all 
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1 funds, including criteria for eligibility and how the use of 

2 these funds will address long-term recovery and restoration 

3 of infrastructure and housing and economic revitalization 

4 in the most impacted and distressed areas: Provided fur5 ther, That the Secretary shall by notice specify the criteria 

6 for approval of such plans within 45 days of enactment of 

7 this Act: Provided further, That such funds may not be used 

8 for activities reimbursable by, or for which funds are made 

9 available by, the Federal Emergency Management Agency 

10 or the Army Corps of Engineers: Provided further, That the 

11 final paragraph under the heading Community Develop12 ment Block Grants in title II of Public Law 105–276 (42 

13 U.S.C. 5305 note) shall not apply to funds provided under 

14 this heading: Provided further, That funds allocated under 

15 this heading shall not be considered relevant to the non16 disaster formula allocations made pursuant to 42 U.S.C. 

17 5306: Provided further, That a grantee may use up to 5 

18 percent of its allocation for administrative costs: Provided 

19 further, That the Secretary shall require that grantees have 

20 established procedures to ensure timely expenditure of funds 

21 and prevent any duplication of benefits as defined by 42 

22 U.S.C. 5155 and prevent fraud and abuse of funds: Pro23 vided further, That the Secretary shall provide grantees 

24 with technical assistance on contracting and procurement 

25 processes and shall require grantees, in contracting or pro-
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1 curing for management and administration of these funds, 

2 to incorporate performance requirements and penalties into 

3 any such contracts or agreements and to maintain informa4 tion with respect to performance on the use of any funds 

5 for management and administrative purposes: Provided 

6 further, That in administering the funds under this head7 ing, the Secretary may waive, or specify alternative re8 quirements for, any provision of any statute or regulation 

9 that the Secretary administers in connection with the obli10 gation by the Secretary or the use by the recipient of these 

11 funds (except for requirements related to fair housing, non12 discrimination, labor standards, and the environment), 

13 pursuant to a determination by the Secretary that good 

14 cause exists for the waiver or alternative requirement and 

15 that such action is not inconsistent with the overall pur16 poses of title I of the Housing and Community Development 

17 Act of 1974 (42 U.S.C. 5301 et seq.): Provided further, That 

18 notwithstanding the previous proviso, recipients of funds 

19 provided under this heading that use such funds to match 

20 or supplement Federal assistance provided under sections 

21 402, 403, 406, 407, or 502 of the Robert T. Stafford Disaster 

22 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

23 seq.) may adopt, without review or public comment, any 

24 environmental review, approval, or permit performed by a 

25 Federal agency, and such adoption shall satisfy the respon-
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1 sibilities of the recipient with respect to such environmental 

2 review, approval, or permit: Provided further, That, not3 withstanding 42 U.S.C. 5304(g)(2), the Secretary may, 

4 upon receipt of a request for release of funds and certifi5 cation, immediately approve the release of funds for an ac6 tivity or project assisted under this heading if the recipient 

7 has adopted an environmental review prepared under the 

8 National Environmental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.) or the project is categorically excluded from 

10 further review under the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That 

12 a waiver granted by the Secretary may not reduce the per13 centage of funds which must be used for activities that ben14 efit persons of low and moderate income to less than 50 

15 percent, unless the Secretary specifically finds that there is 

16 a compelling need to further reduce or eliminate the per17 centage requirement: Provided further, That the Secretary 

18 shall publish in the Federal Register any waiver of any 

19 statute or regulation that the Secretary administers pursu20 ant to title I of the Housing and Community Development 

21 Act of 1974 no later than 5 days before the effective date 

22 of such waiver: Provided further, That funds provided 

23 under this heading to for-profit enterprises may only assist 

24 such enterprises that meet the definition of small business 

25 as defined by the Small Business Administration under 13 
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1 CFR part 121: Provided further, That notwithstanding the 

2 previous proviso, funds may be provided to a for-profit en3 terprise, that does not meet such definition of small busi4 ness, but which provides a public benefit, is publicly regu5 lated, and is otherwise eligible for assistance under 42 

6 U.S.C. 5301 et seq., and the implementing regulations at 

7 24 CFR Part 570.201(l): Provided further, That of the 

8 funds made available under this heading, up to $10,000,000 

9 may be transferred to ‘‘Program Office Salaries and Ex10 penses, Community Planning and Development’’ for tech11 nical assistance and administrative costs (including infor12 mation technology costs), related solely to administering 

13 funds available under this heading or funds made available 

14 under prior appropriations to the ‘‘Community Develop15 ment Fund’’ for disaster relief, long-term recovery, or emer16 gency expenses: Provided further, That, of the funds made 

17 available under this heading, $10,000,000 shall be trans18 ferred to ‘‘Office of Inspector General’’: Provided further, 

19 That the amounts provided under this heading are des20 ignated by the Congress as being for an emergency require21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 

23 GENERAL PROVISIONS—THIS TITLE 

24 SEC. 1001. For fiscal year 2013, upon request by a 

25 public housing agency and supported by documentation as 
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1 required by the Secretary of Housing and Urban Develop2 ment that demonstrates that the need for the adjustment 

3 is due to the disaster, the Secretary may make temporary 

4 adjustments to the Section 8 housing choice voucher annual 

5 renewal funding allocations and administrative fee eligi6 bility determinations for public housing agencies in an area 

7 for which the President declared a disaster under title IV 

8 of the Robert T. Stafford Disaster Relief and Emergency 

9 Assistance Act (42 U.S.C. 5170 et seq.), to avoid significant 

10 adverse funding impacts that would otherwise result from 

11 the disaster. 

12 SEC. 1002. The Departments of Transportation and 

13 Housing and Urban Development shall submit to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate within 45 days after the date of the enact16 ment of this Act a plan for implementing the provisions 

17 in this title, and updates to such plan on a biannual basis 

18 thereafter. 

19 SEC. 1003. None of the funds provided in this title to 

20 the Department of Transportation or the Department of 

21 Housing and Urban Development may be used to make a 

22 grant unless the Secretary of such Department notifies the 

23 House and Senate Committees on Appropriations and posts 

24 the notification on the public website of that agency not 

25 less than 3 full business days before either Department (or 
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1 a modal administration of either Department) announces 

2 the selection of any project, State or locality to receive a 

3 grant award totaling $500,000 or more. 

4 TITLE XI 

5 GENERAL PROVISIONS—THIS ACT 

6 SEC. 1101. Each amount appropriated or made avail7 able in this Act is in addition to amounts otherwise appro8 priated for the fiscal year involved. 

9 SEC. 1102. Each amount designated in this Act by the 

10 Congress as an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985 shall be available only if the 

13 President subsequently so designates all such amounts and 

14 transmits such designations to the Congress. 

15 SEC. 1103. (a) Not later than March 31, 2013, in ac16 cordance with criteria to be established by the Office of 

17 Management and Budget (OMB), Federal agencies shall 

18 submit to OMB and to the Committee on Appropriations 

19 of the House of Representatives and of the Senate internal 

20 control plans for funds provided by this Act. 

21 (b) All programs and activities receiving funds under 

22 this Act shall be deemed to be ‘‘susceptible to significant 

23 improper payments’’ for purposes of the Improper Pay24 ments Information Act of 2002 (31 U.S.C. 3321 note) 

25 (IPIA), notwithstanding section 2(a) of IPIA. 
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1 (c) In accordance with guidance to be issued by the 

2 Director of OMB, agencies shall identify those grants for 

3 which the funds provided by this Act should be expended 

4 by the grantees within the 24-month period following the 

5 agency’s obligation of funds for the grant. In the case of 

6 such grants, the agency shall include a term in the grant 

7 that: 

8 (1) requires the grantee to return to the agency 

9 any funds not expended within the 24-month period; 

10 and 

11 (2) provides that the head of the agency may, 

12 after consultation with the Director of OMB, subse13 quently issue a waiver of this requirement based on 

14 a determination by the head of the agency that excep15 tional circumstances exist that justify an extension of 

16 the period in which the funds must be expended. 

17 SEC. 1104. (a) In carrying out activities funded by 

18 this Act, Federal agencies, in partnership with States, local 

19 communities and tribes, shall inform plans for response, re20 covery, and rebuilding to reduce vulnerabilities from and 

21 build long-term resiliency to future extreme weather events, 

22 sea level rise, and coastal flooding. In carrying out activi23 ties funded by this title that involve repairing, rebuilding, 

24 or restoring infrastructure and restoring land, project spon25 sors shall consider, where appropriate, the increased risks 
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1 and vulnerabilities associated with future extreme weather 

2 events, sea level rise and coastal flooding. 

3 (b) Funds made available in this Act shall be available 

4 to develop, in partnership with State, local and tribal offi5 cials, regional projections and assessments of future risks 

6 and vulnerabilities to extreme weather events, sea level rise 

7 and coastal flooding that may be used for the planning re8 ferred to in subsection (a), and to encourage coordination 

9 and facilitate long-term community resiliency. 

10 SEC. 1105. Recipients of Federal funds dedicated to 

11 reconstruction efforts under this Act shall, to the greatest 

12 extent practicable, ensure that such reconstruction efforts 

13 maximize the utilization of technologies designed to miti14 gate future power outages, continue delivery of vital services 

15 and maintain the flow of power to facilities critical to pub16 lic health, safety and welfare. The Secretary of Housing and 

17 Urban Development as chair of the Hurricane Sandy Re18 building Task Force shall issue appropriate guidelines to 

19 implement this requirement. 

20 VEHICLES USE IN THE WAKE OF HURRICANE SANDY

21 SEC. 1106. (a) REPORT.—Not later than 7 days after 

22 the date of enactment of this Act, the Department of Justice 

23 and Department of Homeland Security shall identify and 

24 relocate any vehicles currently based at the Washington, 

25 D.C., headquarters of such agencies used for non-oper26 ational purposes to replace vehicles of those agencies dam-
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1 aged by Hurricane Sandy. The Department of Justice and 

2 Department of Homeland Security shall provide copies of 

3 a report summarizing the actions taken to carry out this 

4 subsection to the House and Senate Committees on Appro5 priations and Judiciary. 

6 (b) FUNDING LIMITATION.—No funds provided by this 

7 Act shall be used to purchase, repair, or replace any De8 partment of Justice or Department of Homeland security 

9 vehicle until after the report required by subsection (a) has 

10 been provided to Congress. 

11 INCREASED EMBASSY SECURITY

12 SEC. 1107. Funds appropriated under the heading 

13 ‘‘Administration of Foreign Affairs’’ under Title VIII of Di14 vision I of Public Law 112–74 and as carried forward 

15 under Public Law 112–175, may be transferred to, and 

16 merged with, any such other funds appropriated under such 

17 title and heading: Provided, That such transfers shall be 

18 subject to the regular notification procedures of the Commit19 tees on Appropriations. 

20 PROHIBITION ON EMERGENCY SPENDING FOR PERSONS

21 HAVING SERIOUS DELINQUENT TAX DEBTS

22 SEC. 1108. (a) DEFINITION OF SERIOUSLY DELIN23 QUENT TAX DEBT.—In this section: 

24 (1) IN GENERAL.—The term ‘‘seriously delin25 quent tax debt’’ means an outstanding debt under the 

26 Internal Revenue Code of 1986 for which a notice of 
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1 lien has been filed in public records pursuant to sec2 tion 6323 of that Code. 

3 (2) EXCLUSIONS.—The term ‘‘seriously delin4 quent tax debt’’ does not include— 

5 (A) a debt that is being paid in a timely 

6 manner pursuant to an agreement under section 

7 6159 or 7122 of Internal Revenue Code of 1986; 

8 and 

9 (B) a debt with respect to which a collection 

10 due process hearing under section 6330 of that 

11 Code, or relief under subsection (a), (b), or (f) of 

12 section 6015 of that Code, is requested or pend13 ing. 

14 (b) PROHIBITION.—Notwithstanding any other provi15 sion of this Act or an amendment made by this Act, none 

16 of the amounts appropriated by or otherwise made available 

17 under this Act may be used to make payments to an indi18 vidual or entity who has a seriously delinquent tax debt 

19 during the pendency of such seriously delinquent tax debt. 

20 PROHIBITION ON EMERGENCY SPENDING FOR DECEASED

21 INDIVIDUALS

22 SEC. 1109. None of the amounts appropriated by or 

23 otherwise made available under this Act may be used for 

24 any person who is not alive when the amounts are made 

25 available. This does not apply to funeral costs. 
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1 This Act may be cited as the ‘‘Disaster Relief Appro2 priations Act, 2013’’. 

Amend the title so as to read: ‘‘An Act making appropriations for disaster relief for the fiscal year ending 

September 30, 2013, and for other purposes.’’. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION H.R. 1 

AMENDMENTS