II 

113TH CONGRESS 

1ST SESSION H. R. 152 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22 (legislative day, JANUARY 3), 2013 

Received; read the first time 

AN ACT 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2013, and for other pur4 poses, namely: 

5 DIVISION A—DISASTER RELIEF 

6 APPROPRIATIONS ACT, 2013 

7 TITLE I 

8 DEPARTMENT OF AGRICULTURE 

9 DOMESTIC FOOD PROGRAMS 

10 FOOD AND NUTRITION SERVICE

11 COMMODITY ASSISTANCE PROGRAM

12 For an additional amount for ‘‘Commodity Assistance 

13 Program’’ for the emergency food assistance program as 

14 authorized by section 27(a) of the Food and Nutrition Act 

15 of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 

16 Emergency Food Assistance Act of 1983 (7 U.S.C. 

17 7508(a)(1)), $6,000,000: Provided, That notwithstanding 

18 any other provisions of the Emergency Food Assistance 

19 Act of 1983, the Secretary of Agriculture may allocate ad20 ditional foods and funds for administrative expenses from 

21 resources specifically appropriated, transferred, or repro22 grammed to restore to States resources used to assist fam23 ilies and individuals displaced by Hurricane Sandy among 

24 the States without regard to sections 204 and 214 of such 

25 Act (7 U.S.C. 7508, 7515): Provided further, That such 


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1 amount is designated by the Congress as being for an 

2 emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 TITLE II 

6 DEPARTMENT OF THE ARMY 

7 CORPS OF ENGINEERS—CIVIL

8 INVESTIGATIONS

9 For an additional amount for ‘‘Investigations’’ for 

10 necessary expenses related to the consequences of Hurri11 cane Sandy, $20,000,000, to remain available until ex12 pended to conduct studies of flood and storm damage re13 duction related to natural disasters: Provided, That using 

14 $19,500,000 of the funds provided herein, the Secretary 

15 of the Army shall conduct, at full Federal expense, a com16 prehensive study to address the flood risks of vulnerable 

17 coastal populations in areas impacted by Hurricane Sandy 

18 within the boundaries of the North Atlantic Division of 

19 the United States Army Corps of Engineers: Provided fur20 ther, That an interim report with an assessment of author21 ized Corps projects for reducing flooding and storm risks 

22 in the affected area that have been constructed or are 

23 under construction, including construction cost estimates, 

24 shall be submitted to the Committees on Appropriations 

25 of the House of Representatives and the Senate not later 


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1 than March 1, 2013: Provided further, That an interim 

2 report identifying any previously authorized but 

3 unconstructed Corps project and any project under study 

4 by the Corps for reducing flooding and storm damage 

5 risks in the affected area, including updated construction 

6 cost estimates, that are, or would be, consistent with the 

7 comprehensive study shall be submitted to the appropriate 

8 congressional committees not later than May 1, 2013: Pro9 vided further, That a final report shall be submitted to 

10 the appropriate congressional committees not later than 

11 24 months after the date of enactment of this division: 

12 Provided further, That as a part of the study, the Sec13 retary shall identify those activities that warrant addi14 tional analysis by the Corps, as well as institutional and 

15 other barriers to providing protection to the affected 

16 coastal areas: Provided further, That the Secretary shall 

17 conduct the study in coordination with other Federal 

18 agencies, and State, local, and Tribal officials to ensure 

19 consistency with other plans to be developed, as appro20 priate: Provided further, That using $500,000 of the funds 

21 provided herein, the Secretary shall conduct, at full Fed22 eral expense, an evaluation of the performance of existing 

23 projects constructed by the Corps and damaged as a con24 sequence of Hurricane Sandy for the purposes of deter25 mining their effectiveness and making recommendations 


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1 for improvements to such projects: Provided further, That 

2 the amounts in this paragraph are designated by the Con3 gress as being for an emergency requirement pursuant to 

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

5 Emergency Deficit Control Act of 1985: Provided further, 

6 That the Assistant Secretary of the Army for Civil Works 

7 shall provide a monthly report to the Committees on Ap8 propriations of the House of Representatives and the Sen9 ate detailing the allocation and obligation of these funds, 

10 beginning not later than 60 days after the date of enact11 ment of this division. 

12 CONSTRUCTION

13 For an additional amount for ‘‘Construction’’ for nec14 essary expenses related to the consequences of Hurricane 

15 Sandy, $9,000,000, to remain available until expended for 

16 repairs to projects that were under construction and dam17 aged as a consequence of Hurricane Sandy: Provided, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985: Provided further, That the 

22 Assistant Secretary of the Army for Civil Works shall pro23 vide a monthly report to the Committees on Appropria24 tions of the House of Representatives and the Senate de25 tailing the allocation and obligation of these funds, beginVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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1 ning not later than 60 days after enactment of this divi2 sion. 

3 OPERATION AND MAINTENANCE

4 For an additional amount for ‘‘Operation and Main5 tenance’’ for necessary expenses related to the con6 sequences of Hurricane Sandy, $742,000,000, to remain 

7 available until expended to dredge Federal navigation 

8 channels, and repair damage to Corps projects: 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: Provided further, That the 

13 Assistant Secretary of the Army for Civil Works shall pro14 vide a monthly report to the Committees on Appropria15 tions of the House of Representatives and the Senate de16 tailing the allocation and obligation of these funds, begin17 ning not later than 60 days after enactment of this divi18 sion. 

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For an additional amount for ‘‘Flood Control and 

21 Coastal Emergencies’’ for necessary expenses related to 

22 the consequences of Hurricane Sandy, $582,000,000, to 

23 remain available until expended to support emergency op24 erations, repairs, and other activities, as authorized by 

25 law: Provided, That such amount is designated by the 


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1 Congress as being for an emergency requirement pursuant 

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

3 Emergency Deficit Control Act of 1985: Provided further, 

4 That the Assistant Secretary of the Army for Civil Works 

5 shall provide a monthly report to the Committees on Ap6 propriations of the House of Representatives and the Sen7 ate detailing the allocation and obligation of these funds, 

8 beginning not later than 60 days after enactment of this 

9 division. 

10 TITLE III 

11 SMALL BUSINESS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $10,000,000 for grants to or cooperative agree15 ments with organizations to provide technical assistance 

16 related to disaster recovery, response, and long term resil17 iency to small businesses that are recovering from Hurri18 cane Sandy: Provided, That the Small Business Adminis19 tration shall expedite the delivery of assistance in disaster20 affected areas: Provided further, That the Administrator 

21 of the Small Business Administration may waive the 

22 matching requirements under section 21(a)(4)(A) and 

23 29(c) of the Small Business Act for any grant made using 

24 funds made available under this heading: Provided further, 

25 That no later than 30 days after the date of enactment 


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1 of this division, or no less than 7 days prior to obligation 

2 of funds, whichever occurs earlier, the Administrator of 

3 the Small Business Administration shall submit to the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate a detailed expenditure plan for 

6 funds provided under this heading: Provided further, That 

7 such amount is designated by the Congress as being for 

8 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 OFFICE OF INSPECTOR GENERAL

12 For an additional amount for ‘‘Office of Inspector 

13 General’’ for necessary expenses related to the con14 sequences of Hurricane Sandy, $1,000,000, to remain 

15 available until September 30, 2014: Provided, That such 

16 amount is designated by the Congress as being for an 

17 emergency requirement pursuant to section 

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

19 Deficit Control Act of 1985. 

20 DISASTER LOANS PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Disaster Loans Pro23 gram Account’’ for the cost of direct loans authorized by 

24 section 7(b) of the Small Business Act, for necessary ex25 penses related to the consequences of Hurricane Sandy, 


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1 $100,000,000, to remain available until expended: Pro2 vided, That such costs, including the cost of modifying 

3 such loans, shall be as defined in section 502 of the Con4 gressional Budget Act of 1974: Provided further, That in 

5 addition, for direct administrative expenses of loan making 

6 and servicing to carry out the direct loan program author7 ized by section 7(b) of the Small Business Act in response 

8 to Hurricane Sandy, an additional $50,000,000, to remain 

9 available until expended, which may be transferred to and 

10 merged with the appropriations for Salaries and Expenses: 

11 Provided further, That such amounts are 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 TITLE IV 

16 DEPARTMENT OF HOMELAND SECURITY 

17 COAST GUARD

18 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Acquisition, Construc21 tion, and Improvements’’ for necessary expenses related 

22 to the consequences of Hurricane Sandy, $143,899,000, 

23 to remain available until September 30, 2014: Provided, 

24 That such amount is designated by the Congress as being 

25 for an emergency requirement pursuant to section 


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

2 Deficit Control Act of 1985: Provided further, That not3 withstanding the transfer limitation contained in section 

4 503 of division D of Public Law 112–74, such funding 

5 may be transferred to other Coast Guard appropriations 

6 after notification as required in accordance with such sec7 tion: Provided further, That a description of all facilities 

8 and property to be reconstructed and restored, with asso9 ciated costs and time lines, shall be submitted to the Com10 mittees on Appropriations of the House of Representatives 

11 and the Senate no later than 90 days after the date of 

12 enactment of this division. 

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 DISASTER RELIEF FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for the ‘‘Disaster Relief 

17 Fund’’ for major disasters declared pursuant to the Rob18 ert T. Stafford Disaster Relief and Emergency Assistance 

19 Act (42 U.S.C. 5121 et seq.), $5,379,000,000, to remain 

20 available until expended, of which $3,000,000 shall be 

21 transferred to the Department of Homeland Security Of22 fice of Inspector General for audits and investigations re23 lated to disasters: Provided, That such amount is des24 ignated by the Congress as being for disaster relief pursu25 ant to section 251(b)(2)(D) of the Balanced Budget and 


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1 Emergency Deficit Control Act of 1985: Provided further, 

2 That the Administrator of the Federal Emergency Man3 agement Agency shall publish on the Agency’s website not 

4 later than 24 hours after an award of a public assistance 

5 grant under section 406 of the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 U.S.C. 

7 5172) that is in excess of $1,000,000, the specifics of each 

8 such grant award: Provided further, That for any mission 

9 assignment or mission assignment task order to another 

10 Federal department or agency regarding a major disaster, 

11 not later than 24 hours after the issuance of a mission 

12 assignment or task order in excess of $1,000,000, the Ad13 ministrator shall publish on the Agency’s website the fol14 lowing: the name of the impacted State and the disaster 

15 declaration for such State, the assigned agency, the assist16 ance requested, a description of the disaster, the total cost 

17 estimate, and the amount obligated: Provided further, 

18 That not later than 10 days after the last day of each 

19 month until the mission assignment or task order is com20 pleted and closed out, the Administrator shall update any 

21 changes to the total cost estimate and the amount obli22 gated: Provided further, That for a disaster declaration re23 lated to Hurricane Sandy, the Administrator shall submit 

24 to the Committees on Appropriations of the House of Rep25 resentatives and the Senate, not later than 5 days after 


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1 the first day of each month beginning after the date of 

2 enactment of this division, and shall publish on the Agen3 cy’s website not later than 10 days after the first day of 

4 each such month, an estimate or actual amount, if avail5 able, for the current fiscal year of the cost of the following 

6 categories of spending: public assistance, individual assist7 ance, operations, mitigation, administrative, and any other 

8 relevant category (including emergency measures and dis9 aster resources): Provided further, That not later than 10 

10 days after the first day of each month beginning after the 

11 date of enactment of this division, the Administrator shall 

12 publish on the Agency’s website the report (referred to as 

13 the Disaster Relief Monthly Report) as required by Public 

14 Law 112–74. 

15 SCIENCE AND TECHNOLOGY

16 RESEARCH, DEVELOPMENT, ACQUISITION, AND

17 OPERATIONS

18 For an additional amount for ‘‘Research, Develop19 ment, Acquisition, and Operations’’, for necessary ex20 penses related to the consequences of Hurricane Sandy, 

21 $585,000, to remain available until September 30, 2013: 

22 Provided, That such amount is designated by the Congress 

23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 DOMESTIC NUCLEAR DETECTION OFFICE

2 SYSTEMS ACQUISITION

3 For an additional amount for ‘‘Systems Acquisition’’, 

4 for necessary expenses related to the consequences of Hur5 ricane Sandy, $3,869,000, to remain available until Sep6 tember 30, 2014: Provided, That such amount is des7 ignated by the Congress as being for an emergency re8 quirement pursuant to section 251(b)(2)(A)(i) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 

10 GENERAL PROVISION—THIS TITLE

11 SEC. 401. Funds made available by Public Law 109– 

12 88 for carrying out activities authorized under section 417 

13 of the Robert T. Stafford Disaster Relief and Emergency 

14 Assistance Act (42 U.S.C. 5184) may be used until ex15 pended to provide assistance under section 417 of that Act 

16 to local governments in areas eligible to receive such as17 sistance pursuant to a major disaster declaration by the 

18 President for Hurricane Sandy. 

19 TITLE V 

20 DEPARTMENT OF THE INTERIOR 

21 FISH AND WILDLIFE SERVICE

22 CONSTRUCTION

23 For an additional amount for ‘‘Construction’’ for nec24 essary expenses related to the consequences of Hurricane 

25 Sandy, $49,875,000, to remain available until expended: 


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1 Provided, That such amount is designated by the Congress 

2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 

5 NATIONAL PARK SERVICE

6 CONSTRUCTION

7 For an additional amount for ‘‘Construction’’ for nec8 essary expenses related to the consequences of Hurricane 

9 Sandy, $234,000,000, to remain available until expended: 

10 Provided, That such amount is designated by the Congress 

11 as being for an emergency requirement pursuant to sec12 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985. 

14 BUREAU OF SAFETY AND ENVIRONMENTAL

15 ENFORCEMENT

16 OIL SPILL RESEARCH

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

18 for necessary expenses related to the consequences of Hur19 ricane Sandy, $3,000,000, to remain available until ex20 pended: Provided, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

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

23 Emergency Deficit Control Act of 1985. 


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1 TITLE VI 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 OFFICE OF THE SECRETARY

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

6 FUND

7 (INCLUDING TRANSFERS OF FUNDS)

8 For an additional amount for ‘‘Public Health and So9 cial Services Emergency Fund’’ for disaster response and 

10 recovery, and other expenses directly related to Hurricane 

11 Sandy, including making payments under the Head Start 

12 Act and additional payments for distribution as provided 

13 for under the ‘‘Social Services Block Grant Program’’, 

14 $100,000,000, to remain available until September 30, 

15 2014: Provided, That not less than $25,000,000 shall be 

16 transferred to ‘‘Children and Families Services Programs’’ 

17 for the Head Start program for the purposes provided 

18 herein: Provided further, That not less than $25,000,000 

19 shall be transferred to ‘‘Social Services Block Grant’’ for 

20 the purposes provided herein: Provided further, That not 

21 less than $2,000,000 shall be transferred to the Depart22 ment of Health and Human Services (‘‘HHS’’) ‘‘Office of 

23 Inspector General’’ to perform oversight, accountability, 

24 and evaluation of programs, projects, or activities sup25 ported with the funds provided for the purposes provided 


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1 herein: Provided further, That notwithstanding any other 

2 provision of law, the distribution of any amount shall be 

3 limited to the States of New York and New Jersey, except 

4 that funds provided to ‘‘Substance Abuse and Mental 

5 Health Services Administration’’ may be distributed to 

6 other States, but only if such funds are for grants, con7 tracts, and cooperative agreements for behavioral health 

8 treatment, crisis counseling, and other related helplines, 

9 and for other similar programs to provide support to dis10 located residents of New York and New Jersey: Provided 

11 further, That none of the funds appropriated in this para12 graph shall be included in the calculation of the ‘‘base 

13 grant’’ in subsequent fiscal years, as such term is defined 

14 in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of 

15 the Head Start Act: Provided further, That funds appro16 priated in this paragraph are not subject to the allocation 

17 requirements of section 640(a) of the Head Start Act: 

18 Provided further, That funds appropriated in this para19 graph are in addition to the entitlement grants authorized 

20 by section 2002(a)(1) of the Social Security Act and shall 

21 not be available for such entitlement grants: Provided fur22 ther, That funds appropriated in this paragraph may be 

23 transferred by the Secretary of HHS (‘‘Secretary’’) to ac24 counts within HHS, and shall be available only for the 

25 purposes provided in this paragraph: Provided further, 


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1 That the transfer authority provided in this paragraph is 

2 in addition to any other transfer authority available in this 

3 or any other Act for fiscal year 2013: Provided further, 

4 That 15 days prior to the transfer of funds appropriated 

5 in this paragraph, the Secretary shall notify the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate of any such transfer and the planned uses 

8 of the funds: Provided further, That obligations incurred 

9 for the purposes provided herein prior to the date of enact10 ment of this division may be charged to funds appro11 priated by this paragraph: Provided further, That funds 

12 appropriated in this paragraph and transferred to the Na13 tional Institutes of Health for the purpose of supporting 

14 the repair or rebuilding of non-Federal biomedical or be15 havioral research facilities damaged as a result of Hurri16 cane Sandy shall be used to award grants or contracts 

17 for such purpose under section 404I of the Public Health 

18 Service Act: Provided further, That section 481A(c)(2) of 

19 such Act does not apply to the use of funds described in 

20 the preceding proviso: Provided further, That funds appro21 priated in this paragraph shall not be available for costs 

22 that are reimbursed by the Federal Emergency Manage23 ment Agency, under a contract for insurance, or by self24 insurance: Provided further, That such amounts are des25 ignated by the Congress as being for an emergency reVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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

3 RELATED AGENCIES 

4 SOCIAL SECURITY ADMINISTRATION

5 LIMITATION ON ADMINISTRATIVE EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Limitation on Admin8 istrative Expenses’’, $2,000,000, for expenses directly re9 lated to Hurricane Sandy, which shall be derived from the 

10 unobligated balances that remain available under such 

11 heading for the Social Security Administration for infor12 mation technology and telecommunications hardware and 

13 software infrastructure: Provided, That such amounts are 

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 TITLE VII 

18 DEPARTMENT OF DEFENSE 

19 MILITARY CONSTRUCTION 

20 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

21 For an additional amount for ‘‘Military Construction, 

22 Army National Guard’’ for necessary expenses related to 

23 the consequences of Hurricane Sandy, $24,235,000, to re24 main available until September 30, 2017: Provided, That 

25 none of the funds made available to the Army National 


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1 Guard for recovery efforts related to Hurricane Sandy in 

2 this division shall be available for obligation until the Com3 mittees on Appropriations of the House of Representatives 

4 and the Senate receive form 1391 for each specific re5 quest: Provided further, That notwithstanding any other 

6 provision of law, such funds may be obligated to carry out 

7 military construction projects not otherwise authorized by 

8 law: Provided further, That such amount is designated by 

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

11 and Emergency Deficit Control Act of 1985. 

12 DEPARTMENT OF VETERANS AFFAIRS 

13 VETERANS HEALTH ADMINISTRATION

14 MEDICAL SERVICES

15 For an additional amount for ‘‘Medical Services’’ for 

16 necessary expenses related to the consequences of Hurri17 cane Sandy, $21,000,000, to remain available until Sep18 tember 30, 2014: Provided, That such amount is des19 ignated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 MEDICAL FACILITIES

23 For an additional amount for ‘‘Medical Facilities’’ for 

24 necessary expenses related to the consequences of Hurri25 cane Sandy, $6,000,000, to remain available until SepVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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1 tember 30, 2014: Provided, That such amount is des2 ignated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 NATIONAL CEMETERY ADMINISTRATION

6 For an additional amount for ‘‘National Cemetery 

7 Administration’’ for necessary expenses related to the con8 sequences of Hurricane Sandy, $1,100,000: 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 DEPARTMENTAL ADMINISTRATION

14 INFORMATION TECHNOLOGY SYSTEMS

15 For an additional amount for ‘‘Information Tech16 nology Systems’’ for necessary expenses related to the con17 sequences of Hurricane Sandy, $531,000: Provided, That 

18 such amount is designated by the Congress as being for 

19 an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 CONSTRUCTION, MAJOR PROJECTS

23 For an additional amount for ‘‘Construction, Major 

24 Projects’’, $207,000,000, to remain available until Sep25 tember 30, 2017, for renovations and repairs as a conVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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1 sequence of damage caused by Hurricane Sandy: Provided, 

2 That none of these funds shall be available for obligation 

3 until the Secretary of Veterans Affairs submits to the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate a detailed expenditure plan for 

6 funds provided under this heading: Provided further, That 

7 notwithstanding any other provision of law, such funds 

8 may be obligated and expended to carry out planning and 

9 design and major medical facility construction not other10 wise authorized by law: Provided further, That such 

11 amount is designated by the Congress as being for an 

12 emergency requirement pursuant to section 

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

14 Deficit Control Act of 1985. 

15 TITLE VIII 

16 DEPARTMENT OF TRANSPORTATION 

17 FEDERAL AVIATION ADMINISTRATION

18 FACILITIES AND EQUIPMENT

19 (AIRPORT AND AIRWAY TRUST FUND)

20 For an additional amount for ‘‘Facilities and Equip21 ment’’, $14,600,000, to be derived from the Airport and 

22 Airway Trust Fund and to remain available until Sep23 tember 30, 2013, for necessary expenses related to the 

24 consequences of Hurricane Sandy: Provided , That such 

25 amount is designated by the Congress as being for an 


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1 emergency requirement pursuant to section 

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

3 Deficit Control Act of 1985. 

4 FEDERAL RAILROAD ADMINISTRATION

5 OPERATING SUBSIDY GRANTS TO THE NATIONAL

6 RAILROAD PASSENGER CORPORATION

7 For an additional amount for ‘‘Operating Subsidy 

8 Grants to the National Railroad Passenger Corporation’’ 

9 for the Secretary of Transportation to make grants to the 

10 National Railroad Passenger Corporation for necessary 

11 expenses related to the consequences of Hurricane Sandy, 

12 $32,000,000, to remain available until expended: Pro13 vided, That such amount is designated by the Congress 

14 as being for an emergency requirement pursuant to sec15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 

17 FEDERAL TRANSIT ADMINISTRATION

18 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Public Transportation Emergency Relief 

21 Program’’ as authorized under section 5324 of title 49, 

22 United States Code, $5,400,000,000, to remain available 

23 until expended, for transit systems affected by Hurricane 

24 Sandy: Provided, That not more than $2,000,000,000 

25 shall be made available not later than 60 days after the 


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1 date of enactment of this division: Provided further, That 

2 the remainder of the funds shall be made available only 

3 after the Federal Transit Administration and the Federal 

4 Emergency Management Agency sign the memorandum of 

5 agreement required by section 20017(b) of the Moving 

6 Ahead for Progress in the 21st Century Act (Public Law 

7 112–141) and the Federal Transit Administration pub8 lishes interim regulations for the Public Transportation 

9 Emergency Relief Program: Provided further, That not 

10 more than three-quarters of 1 percent of the funds for 

11 public transportation emergency relief shall be available 

12 for administrative expenses and ongoing program manage13 ment oversight as authorized under 49 U.S.C. 5334 and 

14 5338(i)(2) and shall be in addition to any other appropria15 tions for such purpose: Provided further, That of the funds 

16 made available under this heading, $3,000,000 shall be 

17 transferred to the Office of Inspector General to support 

18 the oversight of activities under this heading: Provided 

19 further, That such amounts are designated by the Con20 gress as being for an emergency requirement pursuant to 

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

22 Emergency Deficit Control Act of 1985. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 COMMUNITY DEVELOPMENT FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Community Develop7 ment Fund’’, $3,850,000,000, to remain available until 

8 September 30, 2017, for necessary expenses related to dis9 aster relief, long-term recovery, restoration of infrastruc10 ture and housing, and economic revitalization in the most 

11 impacted and distressed areas resulting from a major dis12 aster declared pursuant to the Robert T. Stafford Disaster 

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

14 seq.) due to Hurricane Sandy, for activities authorized 

15 under title I of the Housing and Community Development 

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

17 funds shall be allocated directly to States and units of gen18 eral local government at the discretion of the Secretary 

19 of Housing and Urban Development: Provided further, 

20 That within 60 days after the enactment of this division, 

21 the Secretary shall allocate to grantees all funds provided 

22 under this heading based on the best available data: Pro23 vided further, That as a condition of eligibility for receipt 

24 of such funds, a grantee shall submit a plan to the Sec25 retary detailing the proposed use of all funds, including 


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1 criteria for eligibility and how the use of such funds will 

2 address long-term recovery, restoration of infrastructure 

3 and housing, and economic revitalization in the most im4 pacted and distressed areas: Provided further, That the 

5 Secretary shall, by notice issued within 45 days of enact6 ment of this division, specify criteria for approval of plans, 

7 and, if the Secretary determines that a plan does not meet 

8 such criteria, the Secretary shall disapprove the plan: Pro9 vided further, That as a condition of making any grant, 

10 the Secretary shall certify in advance that such grantee 

11 has in place proficient financial controls and procurement 

12 processes and has established adequate procedures to pre13 vent any duplication of benefits as defined by section 312 

14 of the Robert T. Stafford Disaster Relief and Emergency 

15 Assistance Act (42 U.S.C. 5155), to ensure timely expend16 iture of funds, to maintain comprehensive websites regard17 ing all disaster recovery activities assisted with these 

18 funds, and to detect and prevent waste, fraud, and abuse 

19 of funds: Provided further, That funds provided under this 

20 heading may not be used for activities reimbursable by or 

21 for which funds are made available by the Federal Emer22 gency Management Agency or the Army Corps of Engi23 neers: Provided further, That funds allocated under this 

24 heading shall not be considered relevant to the non-dis25 aster formula allocations made pursuant to section 106 


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1 of the Housing and Community Development Act of 1974 

2 (42 U.S.C. 5306): Provided further, That a grantee may 

3 use up to 5 percent of its overall allocation for administra4 tive costs: Provided further, That a grantee shall admin5 ister grant funds provided under this heading in accord6 ance with all applicable laws and regulations and may not 

7 delegate, by contract or otherwise, the responsibility for 

8 administering such grant funds: Provided further, That 

9 the Secretary shall provide grantees with technical assist10 ance on contracting and procurement processes and shall 

11 require grantees, in contracting or procuring these funds, 

12 to incorporate performance requirements and penalties 

13 into any such contracts or agreements: Provided further, 

14 That the Secretary shall require grantees to maintain on 

15 a public website information accounting for how all grant 

16 funds are used, including details of all contracts and ongo17 ing procurement processes: Provided further, That, in ad18 ministering the funds under this heading, the Secretary 

19 may waive, or specify alternative requirements for, any 

20 provision of any statute or regulation that the Secretary 

21 administers in connection with the obligation by the Sec22 retary or the use of these funds by a grantee (except for 

23 requirements related to fair housing, nondiscrimination, 

24 labor standards, and the environment) upon a request by 

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1 tate the use of such funds and pursuant to a determina2 tion by the Secretary that good cause exists for the waiver 

3 or alternative requirement and that such action is not in4 consistent with the overall purposes of title I of the Hous5 ing and Community Development Act of 1974 (42 U.S.C. 

6 5301 et seq.) or this heading: Provided further, That, not7 withstanding the preceding proviso, recipients of funds 

8 provided under this heading that use such funds to supple9 ment Federal assistance provided under section 402, 403, 

10 404, 406, 407, or 502 of the Robert T. Stafford Disaster 

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

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

13 environmental review, approval, or permit performed by 

14 a Federal agency, and such adoption shall satisfy the re15 sponsibilities of the recipient with respect to such environ16 mental review, approval or permit under section 104(g)(1) 

17 of the Housing and Community Development Act of 1974 

18 (42 U.S.C. 5304(g)(1)): Provided further, That, notwith19 standing section 104(g)(2) of such Act (42 U.S.C. 

20 5304(g)(2)), the Secretary may, upon receipt of a request 

21 for release of funds and certification, immediately approve 

22 the release of funds for an activity or project assisted 

23 under this heading if the recipient has adopted an environ24 mental review, approval or permit under the preceding 

25 proviso or the activity or project is categorically excluded 


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1 from review under the National Environmental Policy Act 

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

3 a waiver granted by the Secretary may not reduce the per4 centage of funds that must be used for activities that ben5 efit persons of low and moderate income to less than 50 

6 percent, unless the Secretary specifically finds that there 

7 is compelling need to further reduce the percentage re8 quirement: Provided further, That the Secretary shall pub9 lish in the Federal Register any waiver or alternative re10 quirement made by the Secretary with respect to any stat11 ute or regulation no later than 5 days before the effective 

12 date of such waiver or alternative requirement: Provided 

13 further, That, of the funds made available under this head14 ing, up to $4,000,000 may be transferred to Program Of15 fice Salaries and Expenses, Community Planning and De16 velopment for necessary costs, including information tech17 nology costs, of administering and overseeing funds made 

18 available under this heading: Provided further, That, of the 

19 funds made available under this heading, $4,000,000 shall 

20 be transferred to Office of the Inspector General for nec21 essary costs of overseeing and auditing funds made avail22 able under this heading: Provided further, That funds pro23 vided under this heading are designated by the Congress 

24 as being for an emergency requirement pursuant to secVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 ADMINISTRATIVE PROVISION—DEPARTMENT OF

4 HOUSING AND URBAN DEVELOPMENT

5 SEC. 801. For fiscal year 2013, upon request by a 

6 public housing agency and supported by documentation as 

7 required by the Secretary of Housing and Urban Develop8 ment that demonstrates that the need for the adjustment 

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

10 adjustments to the Section 8 housing choice voucher an11 nual renewal funding allocations and administrative fee 

12 eligibility determinations for public housing agencies in an 

13 area for which the President declared a disaster under 

14 title IV of the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5170 et seq.), to 

16 avoid significant adverse funding impacts that would oth17 erwise result from the disaster. 

18 TITLE IX 

19 GENERAL PROVISIONS—THIS DIVISION 

20 SEC. 901. Each amount appropriated or made avail21 able in this division is in addition to amounts otherwise 

22 appropriated for the fiscal year involved. 

23 SEC. 902. Each amount designated in this division 

24 by the Congress as being for an emergency requirement 

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1 et and Emergency Deficit Control Act of 1985 shall be 

2 available only if the President subsequently so designates 

3 all such amounts and transmits such designations to the 

4 Congress. 

5 SEC. 903. No part of any appropriation contained in 

6 this division shall remain available for obligation beyond 

7 the current fiscal year unless expressly so provided herein. 

8 SEC. 904. (a)(1) Not later than March 31, 2013, in 

9 accordance with criteria to be established by the Director 

10 of the Office of Management and Budget (referred to in 

11 this section as ‘‘OMB’’), each Federal agency shall submit 

12 to OMB, the Government Accountability Office, the re13 spective Inspector General of each agency, and the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate internal control plans for funds provided 

16 by this division. 

17 (2) Not later than June 30, 2013, the Government 

18 Accountability Office shall review for the Committees on 

19 Appropriations of the House of Representatives and the 

20 Senate the design of the internal control plans required 

21 by paragraph (1). 

22 (b) All programs and activities receiving funds under 

23 this division shall be deemed to be ‘‘susceptible to signifi24 cant improper payments’’ for purposes of the Improper 


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1 Payments Information Act of 2002 (31 U.S.C. 3321 note), 

2 notwithstanding section 2(a) of such Act. 

3 (c) Funds for grants provided by this division shall 

4 be expended by the grantees within the 24-month period 

5 following the agency’s obligation of funds for the grant, 

6 unless, in accordance with guidance to be issued by the 

7 Director of OMB, the Director waives this requirement for 

8 a particular grant program and submits a written jus9 tification for such waiver to the Committees on Appropria10 tions of the House of Representatives and the Senate. In 

11 the case of such grants, the agency shall include a term 

12 in the grant that requires the grantee to return to the 

13 agency any funds not expended within the 24-month pe14 riod. 

15 (d) Through September 30, 2015, the Recovery Ac16 countability and Transparency Board shall develop and 

17 use information technology resources and oversight mech18 anisms to detect and remediate waste, fraud, and abuse 

19 in the obligation and expenditure of funds appropriated 

20 in this or any other Act for any fiscal year of such period 

21 for purposes related to the impact of Hurricane Sandy: 

22 Provided, That the Board shall coordinate its oversight ef23 forts with the Director of OMB, the head of each Federal 

24 agency receiving appropriations related to the impact of 

25 Hurricane Sandy, and the respective Inspector General of 


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1 each such agency: Provided further, That the Board shall 

2 submit quarterly reports to the Committees on Appropria3 tions of the House of Representatives and the Senate on 

4 its activities related to funds appropriated for the impact 

5 of Hurricane Sandy. 

6 TITLE X 

7 ADDITIONAL DISASTER ASSISTANCE 

8 CHAPTER 1 

9 DEPARTMENT OF AGRICULTURE 

10 OFFICE OF THE SECRETARY

11 EMERGENCY CONSERVATION ACTIVITIES

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount, to remain available until 

14 expended, for the Emergency Conservation Program 

15 under title IV of the Agriculture Credit Act of 1978 (16 

16 U.S.C. 2201 et seq.) for necessary expenses related to the 

17 consequences of Hurricane Sandy and resulting from a 

18 major disaster declared pursuant to the Robert T. Staf19 ford Disaster Relief and Emergency Assistance Act (42 

20 U.S.C. 5121 et seq.), $218,000,000, of which $15,000,000 

21 shall be available for payments under sections 401 and 

22 402 of the Agriculture Credit Act of 1978 (16 U.S.C. 

23 2201, 2202), $180,000,000 shall be available for activities 

24 under section 403 of such Act (Emergency Watershed 

25 Protection Program; 16 U.S.C. 2203), and $23,000,000 


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1 shall be available for activities under section 407 of such 

2 Act (Emergency Forest Restoration Program; 16 U.S.C. 

3 2206): Provided, That the Secretary of Agriculture shall 

4 transfer these funds to the Farm Service Agency and the 

5 Natural Resources Conservation Service: Provided further, 

6 That such amount is designated by the Congress as being 

7 for an emergency requirement pursuant to section 

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

9 Deficit Control Act of 1985. 

10 GENERAL PROVISION—THIS CHAPTER 

11 SEC. 1011. The Office of Inspector General of the 

12 Department of Agriculture shall use unobligated disaster 

13 assistance oversight funds provided to such office in divi14 sion B of Public Law 110–329 (122 Stat. 3585) for con15 tinued oversight of Department of Agriculture disaster16 and emergency-related activities. 

17 CHAPTER 2 

18 DEPARTMENT OF COMMERCE 

19 NATIONAL OCEANIC AND ATMOSPHERIC

20 ADMINISTRATION

21 OPERATIONS, RESEARCH, AND FACILITIES

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

23 and Facilities’’, $290,000,000 (reduced by $150,000,000) 

24 to remain available until September 30, 2014, as follows: 


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1 (1) $50,000,000 for mapping, charting, geodesy 

2 services and marine debris surveys for coastal States 

3 impacted by Hurricane Sandy; 

4 (2) $7,000,000 to repair and replace ocean ob5 serving and coastal monitoring assets damaged by 

6 Hurricane Sandy; 

7 (3) $3,000,000 to provide technical assistance 

8 to support State assessments of coastal impacts of 

9 Hurricane Sandy; 

10 (4) $25,000,000 to improve weather forecasting 

11 and hurricane intensity forecasting capabilities, to 

12 include data assimilation from ocean observing plat13 forms and satellites; 

14 (5) $50,000,000 for laboratories and coopera15 tive institutes research activities associated with sus16 tained observations weather research programs, and 

17 ocean and coastal research; and 

18 (6) $5,000,000 for necessary expenses related 

19 to fishery disasters during calendar year 2012 that 

20 were declared by the Secretary of Commerce as a di21 rect result of impacts from Hurricane Sandy: 

22 Provided, That the National Oceanic and Atmospheric Ad23 ministration shall submit a spending plan to the Commit24 tees on Appropriations of the House of Representatives 

25 and the Senate within 45 days after the date of enactment 


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1 of this division: Provided further, That such amount is des2 ignated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 PROCUREMENT, ACQUISITION AND CONSTRUCTION

6 For an additional amount for ‘‘Procurement, Acquisi7 tion and Construction’’, $186,000,000, to remain available 

8 until September 30, 2015, as follows: 

9 (1) $9,000,000 to repair National Oceanic and 

10 Atmospheric Administration (NOAA) facilities dam11 aged by Hurricane Sandy; 

12 (2) $44,500,000 for repairs and upgrades to 

13 NOAA hurricane reconnaissance aircraft; 

14 (3) $8,500,000 for improvements to weather 

15 forecasting equipment and supercomputer infra16 structure; 

17 (4) $13,000,000 to accelerate the National 

18 Weather Service ground readiness project; and 

19 (5) $111,000,000 for a weather satellite data 

20 mitigation gap reserve fund: 

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

22 Committees on Appropriations of the House of Represent23 atives and the Senate within 45 days after the date of 

24 enactment of this division: Provided further, That such 

25 amount is designated by the Congress as being for an 


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1 emergency requirement pursuant to section 

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

3 Deficit Control Act of 1985. 

4 DEPARTMENT OF JUSTICE 

5 FEDERAL BUREAU OF INVESTIGATION

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’ for necessary expenses related to the con9 sequences of Hurricane Sandy, $10,020,000: Provided, 

10 That such amount is designated by the Congress as being 

11 for an emergency requirement pursuant to section 

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

13 Deficit Control Act of 1985. 

14 DRUG ENFORCEMENT ADMINISTRATION

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Salaries and Ex17 penses’’ for necessary expenses related to the con18 sequences of Hurricane Sandy, $1,000,000: Provided, 

19 That such amount is designated by the Congress as being 

20 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 ‘‘Salaries and Ex5 penses’’ for necessary expenses related to the con6 sequences of Hurricane Sandy, $230,000: Provided, That 

7 such amount is designated by the Congress as being for 

8 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 FEDERAL PRISON SYSTEM

12 BUILDINGS AND FACILITIES

13 For an additional amount for ‘‘Buildings and Facili14 ties’’ for necessary expenses related to the consequences 

15 of Hurricane Sandy, $10,000,000, to remain available 

16 until expended: Provided, That such amount is designated 

17 by the Congress as being for an emergency requirement 

18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985. 

20 SCIENCE 

21 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

22 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

23 RESTORATION

24 For an additional amount for ‘‘Construction and En25 vironmental Compliance and Restoration’’ for repair at 


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1 National Aeronautics and Space Administration facilities 

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

3 available until September 30, 2014: Provided, That such 

4 amount is designated by the Congress as being for an 

5 emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RELATED AGENCIES 

9 LEGAL SERVICES CORPORATION

10 PAYMENT TO THE LEGAL SERVICES CORPORATION

11 For an additional amount for ‘‘Payment to the Legal 

12 Services Corporation’’ to carry out the purposes of the 

13 Legal Services Corporation Act by providing for necessary 

14 expenses related to the consequences of Hurricane Sandy, 

15 $1,000,000: Provided, That the amount made available 

16 under this heading shall be used only to provide the mobile 

17 resources, technology, and disaster coordinators necessary 

18 to provide storm-related services to the Legal Services 

19 Corporation client population and only in the areas signifi20 cantly affected by Hurricane Sandy: Provided further, 

21 That such amount is designated by the Congress as being 

22 for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

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

25 of the funds appropriated in this division to the Legal 


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1 Services Corporation shall be expended for any purpose 

2 prohibited or limited by, or contrary to any of the provi3 sions of, sections 501, 502, 503, 504, 505, and 506 of 

4 Public Law 105–119, and all funds appropriated in this 

5 division to the Legal Services Corporation shall be subject 

6 to the same terms and conditions set forth in such sec7 tions, except that all references in sections 502 and 503 

8 to 1997 and 1998 shall be deemed to refer instead to 2012 

9 and 2013, respectively, and except that sections 501 and 

10 503 of Public Law 104–134 (referenced by Public Law 

11 105–119) shall not apply to the amount made available 

12 under this heading: Provided further, That, for the pur13 poses of this division, the Legal Services Corporation shall 

14 be considered an agency of the United States Government. 

15 CHAPTER 3 

16 DEPARTMENT OF DEFENSE 

17 DEPARTMENT OF DEFENSE—MILITARY 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For an additional amount for ‘‘Operation and Main21 tenance, Army’’, $5,370,000, to remain available until 

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

23 consequences of Hurricane Sandy: Provided, That such 

24 amount is designated by the Congress as being for an 

25 emergency requirement pursuant to section 


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

2 Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, NAVY

4 For an additional amount for ‘‘Operation and Main5 tenance, Navy’’, $40,015,000, to remain available until 

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

7 consequences of Hurricane Sandy: Provided, That such 

8 amount is designated by the Congress as being for an 

9 emergency requirement pursuant to section 

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

11 Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, AIR FORCE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force’’, $8,500,000, to remain available until 

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

16 consequences of Hurricane Sandy: Provided, That such 

17 amount is designated by the Congress as being for an 

18 emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 OPERATION AND MAINTENANCE, ARMY NATIONAL

22 GUARD

23 For an additional amount for ‘‘Operation and Main24 tenance, Army National Guard’’, $3,165,000, to remain 

25 available until September 30, 2013, for necessary expenses 


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1 related to the consequences of Hurricane Sandy: Provided, 

2 That such amount is designated by the Congress as being 

3 for an emergency requirement pursuant to section 

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

5 Deficit Control Act of 1985. 

6 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

7 For an additional amount for ‘‘Operation and Main8 tenance, Air National Guard’’, $5,775,000, to remain 

9 available until September 30, 2013, for necessary expenses 

10 related to the consequences of Hurricane Sandy: Provided, 

11 That such amount is designated by the Congress as being 

12 for an emergency requirement pursuant to section 

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

14 Deficit Control Act of 1985. 

15 PROCUREMENT 

16 PROCUREMENT OF AMMUNITION, ARMY

17 For an additional amount for ‘‘Procurement of Am18 munition, Army’’, $1,310,000, to remain available until 

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

20 consequences of Hurricane Sandy: Provided, That such 

21 amount is designated by the Congress as being for an 

22 emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working 

4 Capital Funds’’, $24,200,000, to remain available until 

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

6 consequences of Hurricane Sandy: Provided, That such 

7 amount is designated by the Congress as being for an 

8 emergency requirement pursuant to section 

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

10 Deficit Control Act of 1985. 

11 CHAPTER 4 

12 DEPARTMENT OF THE ARMY 

13 CORPS OF ENGINEERS—CIVIL

14 INVESTIGATIONS

15 For an additional amount for ‘‘Investigations’’ for 

16 necessary expenses related to the consequences of Hurri17 cane Sandy, $50,000,000, to remain available until ex18 pended to expedite at full Federal expense studies of flood 

19 and storm damage reduction: Provided, That using 

20 $29,500,000 of the funds provided herein, the Secretary 

21 of the Army shall expedite and complete ongoing flood and 

22 storm damage reduction studies in areas that were im23 pacted by Hurricane Sandy in the North Atlantic Division 

24 of the United States Army Corps of Engineers: Provided 

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1 vided herein, the Secretary shall conduct a comprehensive 

2 study to address the flood risks of vulnerable coastal popu3 lations in areas that were affected by Hurricane Sandy 

4 within the boundaries of the North Atlantic Division of 

5 the Corps: Provided further, That an interim report with 

6 an assessment of authorized Corps projects for reducing 

7 flooding and storm risks in the affected area that have 

8 been constructed or are under construction, including con9 struction cost estimates, shall be submitted to the Com10 mittees on Appropriations of the House of Representatives 

11 and the Senate not later than March 1, 2013: Provided 

12 further, That an interim report identifying any previously 

13 authorized but unconstructed Corps project and any 

14 project under study by the Corps for reducing flooding and 

15 storm damage risks in the affected area, including up16 dated construction cost estimates, that are, or would be, 

17 consistent with the comprehensive study shall be sub18 mitted to the appropriate congressional committees by 

19 May 1, 2013: Provided further, That a final report shall 

20 be submitted to the appropriate congressional committees 

21 within 24 months of the date of enactment of this division: 

22 Provided further, That as a part of the study, the Sec23 retary shall identify those activities warranting additional 

24 analysis by the Corps, as well as institutional and other 

25 barriers to providing protection to the affected coastal 


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1 areas: Provided further, That the Secretary shall conduct 

2 the study in coordination with other Federal agencies, and 

3 State, local and Tribal officials to ensure consistency with 

4 other plans to be developed, as appropriate: Provided fur5 ther, That using $500,000 of the funds provided herein, 

6 the Secretary shall conduct an evaluation of the perform7 ance of existing projects constructed by the Corps and im8 pacted by Hurricane Sandy for the purposes of deter9 mining their effectiveness and making recommendations 

10 for improvements thereto: Provided further, That as a part 

11 of the study, the Secretary shall identify institutional and 

12 other barriers to providing comprehensive protection to af13 fected coastal areas and shall provide this report to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate within 120 days of enactment of 

16 this division: Provided further, That the amounts in this 

17 paragraph are designated by the Congress as being for 

18 an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985: Provided further, That the 

21 Assistant Secretary of the Army for Civil Works shall pro22 vide a monthly report to the Committees on Appropria23 tions of the House of Representatives and the Senate de24 tailing the allocation and obligation of these funds, beginVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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1 ning not later than 60 days after enactment of this divi2 sion. 

3 CONSTRUCTION

4 For an additional amount for ‘‘Construction’’ for nec5 essary expenses related to the consequences of Hurricane 

6 Sandy, $3,461,000,000, to remain available until ex7 pended to rehabilitate, repair and construct United States 

8 Army Corps of Engineers projects: Provided, That 

9 $2,902,000,000 of the funds provided under this heading 

10 shall be used to reduce future flood risk in ways that will 

11 support the long-term sustainability of the coastal eco12 system and communities and reduce the economic costs 

13 and risks associated with large-scale flood and storm 

14 events in areas along the Atlantic Coast within the bound15 aries of the North Atlantic Division of the Corps that were 

16 affected by Hurricane Sandy: Provided further, That 

17 $858,000,000 of such funds shall be made available not 

18 earlier than 14 days after the Secretary of the Army sub19 mits the report required under the heading ‘‘Investiga20 tions’’ to be submitted not later than March 1, 2013, and 

21 $2,044,000,000 shall be made available not earlier than 

22 14 days after the Secretary submits the report required 

23 under the heading ‘‘Investigations’’ to be submitted not 

24 later than May 1, 2013: Provided further, That efforts 

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1 gineering standards in constructing previously authorized 

2 Corps projects designed to reduce flood and storm damage 

3 risks and modifying existing Corps projects that do not 

4 meet these standards, with such modifications as the Sec5 retary determines are necessary to incorporate these 

6 standards or to meet the goal of providing sustainable re7 duction to flooding and storm damage risks: Provided fur8 ther, That upon approval of the Committees on Appropria9 tions of the House of Representatives and the Senate 

10 these funds may be used to construct any project under 

11 study by the Corps for reducing flooding and storm dam12 age risks in areas along the Atlantic Coast within the 

13 North Atlantic Division of the Corps that were affected 

14 by Hurricane Sandy that the Secretary determines is tech15 nically feasible, economically justified, and environ16 mentally acceptable: Provided further, That the completion 

17 of ongoing construction projects receiving funds provided 

18 by this division shall be at full Federal expense with re19 spect to such funds: Provided further, That the non-Fed20 eral cash contribution for projects using these funds shall 

21 be financed in accordance with the provisions of section 

22 103(k) of Public Law 99–662 over a period of 30 years 

23 from the date of completion of the project or separable 

24 element: Provided further, That for these projects, the pro25 visions of section 902 of the Water Resources DevelopVerDate Mar 15 2010 00:47 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H152.RDS H152

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1 ment Act of 1986 shall not apply to these funds: Provided 

2 further, That up to $51,000,000 of the funds provided 

3 under this heading shall be used to expedite continuing 

4 authorities projects to reduce the risk of flooding along 

5 the coastal areas in States impacted by Hurricane Sandy 

6 within the boundaries of the North Atlantic Division of 

7 the Corps: Provided further, That $9,000,000 of the funds 

8 provided under this heading shall be used for repairs to 

9 projects that were under construction and damaged by the 

10 impacts of Hurricane Sandy: Provided further, That any 

11 projects using funds appropriated under this heading shall 

12 be initiated only after non-Federal interests have entered 

13 into binding agreements with the Secretary requiring the 

14 non-Federal interests to pay 100 percent of the operation, 

15 maintenance, repair, replacement, and rehabilitation costs 

16 of the project and to hold and save the United States free 

17 from damages due to the construction or operation and 

18 maintenance of the project, except for damages due to the 

19 fault or negligence of the United States or its contractors: 

20 Provided further, That the Assistant Secretary of the 

21 Army for Civil Works shall submit to the Committees on 

22 Appropriations of the House of Representatives and the 

23 Senate a monthly report detailing the allocation and obli24 gation of these funds, beginning not later than 60 days 

25 after the date of the enactment of this division. 


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1 OPERATION AND MAINTENANCE

2 For an additional amount for ‘‘Operation and Main3 tenance’’ for necessary expenses related to the con4 sequences of Hurricane Sandy, $821,000,000, to remain 

5 available until expended to dredge Federal navigation 

6 channels and repair damage to United States Army Corps 

7 of Engineers projects: Provided, That such amount is des8 ignated by the Congress as being for an emergency re9 quirement pursuant section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985: 

11 Provided further, That the Assistant Secretary of the 

12 Army for Civil Works shall provide a monthly report to 

13 the Committees on Appropriations of the House of Rep14 resentatives and the Senate detailing the allocation and 

15 obligation of these funds, beginning not later than 60 days 

16 after enactment of this division. 

17 FLOOD CONTROL AND COASTAL EMERGENCIES

18 For an additional amount for ‘‘Flood Control and 

19 Coastal Emergencies’’ for necessary expenses related to 

20 the consequences of Hurricane Sandy, $1,008,000,000, to 

21 remain available until expended to prepare for flood, hurri22 cane, and other natural disasters and support emergency 

23 operations, repairs and other activities as authorized by 

24 law: Provided, That $430,000,000 of the funds provided 

25 herein shall be made available not earlier than 14 days 


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1 after the Secretary of the Army submits the report re2 quired under the heading ‘‘Investigations’’ to be submitted 

3 not later than March 1, 2013, and shall be utilized by 

4 the United States Army Corps of Engineers to restore 

5 projects impacted by Hurricane Sandy in the North Atlan6 tic Division of the Corps to design profiles of the author7 ized projects: Provided further, That the provisions of sec8 tion 902 of the Water Resources Development Act of 1986 

9 shall not apply to funds provided under this heading: Pro10 vided further, That the amounts in this paragraph are des11 ignated by the Congress as being for an emergency re12 quirement pursuant section 251(b)(2)(A)(i) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985: 

14 Provided further, That the Assistant Secretary of the 

15 Army for Civil Works shall provide a monthly report to 

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate detailing the allocation and 

18 obligation of these funds, beginning not later than 60 days 

19 after enactment of this division. 

20 EXPENSES

21 For an additional amount for ‘‘Expenses’’ for nec22 essary expenses related to the consequences of Hurricane 

23 Sandy, $10,000,000, to remain available until expended 

24 to oversee emergency response and recovery activities: 

25 Provided, That such amount is designated by the Congress 


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1 as being for an emergency requirement pursuant section 

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

3 Deficit Control Act of 1985: Provided further, That the 

4 Assistant Secretary of the Army for Civil Works shall pro5 vide a monthly report to the Committees on Appropria6 tions of the House of Representatives and the Senate de7 tailing the allocation and obligation of these funds, begin8 ning not later than 60 days after enactment of this divi9 sion. 

10 GENERAL PROVISION—THIS CHAPTER 

11 SEC. 1041. This chapter shall apply in place of title 

12 II of this division, and such title shall have no force or 

13 effect. 

14 CHAPTER 5 

15 GENERAL SERVICES ADMINISTRATION

16 REAL PROPERTY ACTIVITIES

17 FEDERAL BUILDINGS FUND

18 For an additional amount to be deposited in the 

19 ‘‘Federal Buildings Fund’’, $7,000,000, to remain avail20 able until September 30, 2015, for necessary expenses re21 lated to the consequences of Hurricane Sandy, for basic 

22 repair and alteration of buildings under the custody and 

23 control of the Administrator of General Services, and real 

24 property management and related activities not otherwise 

25 provided for: Provided, That such amount is designated 


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1 by the Congress as being for an emergency requirement 

2 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg3 et and Emergency Deficit Control Act of 1985. 

4 SMALL BUSINESS ADMINISTRATION

5 SALARIES AND EXPENSES

6 The provisions under this heading in title III of this 

7 division shall be applied by substituting ‘‘$20,000,000’’ 

8 for ‘‘$10,000,000’’. 

9 OFFICE OF INSPECTOR GENERAL

10 For an additional amount for ‘‘Office of Inspector 

11 General’’, $5,000,000, to remain available until expended: 

12 Provided, That such amount is designated by the Congress 

13 as being for an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985: Provided further, That 

16 this paragraph shall apply in place of the previous provi17 sions under this heading in title III of this division, and 

18 such previous provisions shall have no force or effect. 

19 DISASTER LOANS PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For an additional amount for ‘‘Disaster Loans Pro22 gram Account’’ for the cost of direct loans authorized by 

23 section 7(b) of the Small Business Act, $520,000,000, to 

24 remain available until expended: Provided, That such 

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


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1 defined in section 502 of the Congressional Budget Act 

2 of 1974: Provided further, That in addition, for adminis3 trative expenses to carry out the direct loan program au4 thorized by section 7(b) of the Small Business Act, an ad5 ditional $260,000,000 to remain available until expended, 

6 of which $250,000,000 is for direct administrative ex7 penses of loan making and servicing to carry out the direct 

8 loan program, which may be transferred to and merged 

9 with the appropriations for Salaries and Expenses, and 

10 of which $10,000,000 is for indirect administrative ex11 penses for the direct loan program, which may to be trans12 ferred to and merged with appropriations for Salaries and 

13 Expenses: Provided further, That such amounts are des14 ignated 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 Provided further, That this paragraph shall apply in place 

18 of the previous provisions under this heading in title III 

19 of this division, and such previous provisions shall have 

20 no force or effect. 


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1 CHAPTER 6 

2 DEPARTMENT OF HOMELAND SECURITY 

3 UNITED STATES CUSTOMS AND BORDER PROTECTION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’ for necessary expenses related to the con7 sequences of Hurricane Sandy, $1,667,000: Provided, 

8 That such amount is designated by the Congress as being 

9 for an emergency requirement pursuant to section 

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

11 Deficit Control Act of 1985: Provided further, That a de12 scription of all property to be replaced, with associated 

13 costs, shall be submitted to the Committees on Appropria14 tions of the House of Representatives and the Senate no 

15 later than 90 days after the date of enactment of this divi16 sion. 

17 UNITED STATES IMMIGRATION AND CUSTOMS

18 ENFORCEMENT

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’ for necessary expenses related to the con22 sequences of Hurricane Sandy, $855,000: Provided, That 

23 such amount is designated by the Congress as being for 

24 an emergency requirement pursuant to section 

25 251(b)(2)(A)(i) of the Balanced Budget and Emergency 


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1 Deficit Control Act of 1985: Provided further, That a de2 scription of all property to be replaced, with associated 

3 costs, shall be submitted to the Committees on Appropria4 tions of the House of Representatives and the Senate no 

5 later than 90 days after the date of enactment of this divi6 sion. 

7 UNITED STATES SECRET SERVICE

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’ for necessary expenses related to the con11 sequences of Hurricane Sandy, $300,000: Provided, That 

12 such amount is designated by the Congress as being for 

13 an emergency requirement pursuant to section 

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

15 Deficit Control Act of 1985: Provided further, That a de16 scription of all property to be replaced, with associated 

17 costs, shall be submitted to the Committees on Appropria18 tions of the House of Representatives and the Senate no 

19 later than 90 days after the date of enactment of this divi20 sion. 


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1 COAST GUARD

2 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

3 (INCLUDING TRANSFER OF FUNDS)

4 The provisions under this heading in title IV of this 

5 division shall be applied by substituting ‘‘$274,233,000’’ 

6 for ‘‘$143,899,000’’. 

7 FEDERAL EMERGENCY MANAGEMENT AGENCY

8 DISASTER RELIEF FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for the ‘‘Disaster Relief 

11 Fund’’ in carrying out the Robert T. Stafford Disaster 

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

13 seq.), $11,487,735,000, to remain available until ex14 pended: Provided, That of the total amount provided, 

15 $5,379,000,000 shall be for major disasters declared pur16 suant to the Robert T. Stafford Disaster Relief and Emer17 gency Assistance Act (42 U.S.C. 5121 et seq.): Provided 

18 further, That the amount in the preceding proviso is des19 ignated by the Congress as being for disaster relief pursu20 ant to section 251(b)(2)(D) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985: Provided further, 

22 That of the total amount provided, $6,108,735,000 is des23 ignated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985 


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1 which shall be for major disasters declared pursuant to 

2 the Robert T. Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5121 et seq.): Provided further, 

4 That of the total amount provided, $3,000,000 shall be 

5 transferred to the Department of Homeland Security ‘‘Of6 fice of Inspector General’’ for audits and investigations re7 lated to disasters; Provided further, That the Adminis8 trator of the Federal Emergency Management Agency 

9 shall publish on the Agency’s website not later than 24 

10 hours after an award of a public assistance grant under 

11 section 406 of the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5172) the specifics 

13 of the grant award: Provided further, That for any mission 

14 assignment or mission assignment task order to another 

15 Federal department or agency regarding a major disaster, 

16 not later than 24 hours after the issuance of the mission 

17 assignment or task order, the Administrator shall publish 

18 on the Agency’s website the following: the name of the 

19 impacted state and the disaster declaration for such State, 

20 the assigned agency, the assistance requested, a descrip21 tion of the disaster, the total cost estimate, and the 

22 amount obligated: Provided further, That not later than 

23 10 days after the last day of each month until the mission 

24 assignment or task order is completed and closed out, the 

25 Administrator shall update any changes to the total cost 


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1 estimate and the amount obligated: Provided further, That 

2 for a disaster declaration related to Hurricane Sandy, the 

3 Administrator shall submit to the Committees on Appro4 priations of the House of Representatives and the Senate, 

5 not later than 5 days after the first day of each month 

6 beginning after the date of enactment of this division, and 

7 shall publish on the Agency’s website not later than 10 

8 days after the first day of each such month, an estimate 

9 or actual amount, if available, for the current fiscal year 

10 of the cost of the following categories of spending: public 

11 assistance, individual assistance, operations, mitigation, 

12 administrative, and any other relevant category (including 

13 emergency measures and disaster resources): Provided fur14 ther, That not later than 10 days after the first day of 

15 each month beginning after the date of enactment of this 

16 division, the Administrator shall publish on the Agency’s 

17 website the report (referred to as the Disaster Relief 

18 Monthly Report) as required by Public Law 112–74: Pro19 vided further, That this paragraph shall apply in place of 

20 the previous provisions under this heading in title IV of 

21 this division, and such previous provisions shall have no 

22 force or effect. 

23 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

24 For an additional amount for ‘‘Disaster Assistance 

25 Direct Loan Program Account’’ for the cost of direct 


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1 loans, $300,000,000, to remain available until expended, 

2 as authorized by section 417 of the Robert T. Stafford 

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

4 5184), of which up to $4,000,000 is for administrative ex5 penses to carry out the direct loan program: Provided, 

6 That such costs, including the cost of modifying such 

7 loans, shall be as defined in section 502 of the Congres8 sional Budget Act of 1974: Provided further, That these 

9 funds are available to subsidize gross obligations for the 

10 principal amount of direct loans not to exceed 

11 $400,000,000: Provided further, That these amounts are 

12 designated by the Congress as an emergency requirement 

13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg14 et and Emergency Deficit Control Act of 1985. 

15 SCIENCE AND TECHNOLOGY

16 RESEARCH, DEVELOPMENT, ACQUISITION, AND

17 OPERATIONS

18 The provisions under this heading in title IV of this 

19 division shall be applied by substituting ‘‘$3,249,000’’ and 

20 ‘‘September 30, 2014’’ for ‘‘$585,000’’ and ‘‘September 

21 30, 2013’’, respectively. 


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1 CHAPTER 7 

2 DEPARTMENT OF THE INTERIOR 

3 FISH AND WILDLIFE SERVICE

4 CONSTRUCTION

5 The provisions under this heading in title V of this 

6 division shall be applied by substituting ‘‘$78,000,000 (re7 duced by $9,800,000)’’ for ‘‘$49,875,000’’: Provided, That 

8 none of the funds made available under such heading in 

9 title V may be used to repair seawalls or buildings on is10 lands in the Stewart B. McKinney National Wildlife Ref11 uge. 

12 NATIONAL PARK SERVICE

13 HISTORIC PRESERVATION FUND

14 For an additional amount for the ‘‘Historic Preserva15 tion Fund’’ for necessary expenses related to the con16 sequences of Hurricane Sandy, $50,000,000, to remain 

17 available until September 30, 2015, including costs to 

18 States necessary to complete compliance activities re19 quired by section 106 of the National Historic Preserva20 tion Act and costs needed to administer the program: Pro21 vided, That grants shall only be available for areas that 

22 have received a major disaster declaration pursuant to the 

23 Robert T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5121 et seq.): Provided further, That 

25 individual grants shall not be subject to a non-Federal 


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1 matching requirement: Provided further, That such 

2 amount is designated by the Congress as being for an 

3 emergency requirement pursuant to section 

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

5 Deficit Control Act of 1985. 

6 CONSTRUCTION

7 The provisions under this heading in title V of this 

8 division shall be applied by substituting ‘‘$348,000,000’’ 

9 for ‘‘$234,000,000’’. 

10 DEPARTMENTAL OPERATIONS

11 OFFICE OF THE SECRETARY

12 (INCLUDING TRANSFERS OF FUNDS)

13 For an additional amount for ‘‘Departmental Oper14 ations’’ and any Department of the Interior component 

15 bureau or office for necessary expenses related to the con16 sequences of Hurricane Sandy, $360,000,000, to remain 

17 available until expended: Provided, That funds appro18 priated herein shall be used to restore and rebuild national 

19 parks, national wildlife refuges, and other Federal public 

20 assets; increase the resiliency and capacity of coastal habi21 tat and infrastructure to withstand storms and reduce the 

22 amount of damage caused by such storms: Provided fur23 ther, That the Secretary of the Interior may transfer these 

24 funds to any other account in the Department and may 

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1 erative agreements, including grants to or cooperative 

2 agreements with States, Tribes, and municipalities, to 

3 carry out the purposes provided herein: Provided further, 

4 That the Secretary shall submit to the Committees on Ap5 propriations of the House of Representatives and the Sen6 ate a detailed spending plan for the amounts provided 

7 herein within 60 days of enactment of this division: Pro8 vided further, That such amount is designated by the Con9 gress as being for an emergency requirement pursuant to 

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

11 Emergency Deficit Control Act of 1985. 

12 ENVIRONMENTAL PROTECTION AGENCY 

13 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

14 For an additional amount for ‘‘Environmental Pro15 grams and Management’’ for necessary expenses related 

16 to the consequences of Hurricane Sandy, $725,000, to re17 main available until expended: Provided, That such 

18 amount is designated by the Congress as being for an 

19 emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 HAZARDOUS SUBSTANCE SUPERFUND

23 For an additional amount for ‘‘Hazardous Substance 

24 Superfund’’ for necessary expenses related to the con25 sequences of Hurricane Sandy, $2,000,000, to remain 


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1 available until expended: Provided, That such amount is 

2 designated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 LEAKING UNDERGROUND STORAGE TANK FUND

6 For an additional amount for ‘‘Leaking Underground 

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

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

9 available until expended: Provided, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 STATE AND TRIBAL ASSISTANCE GRANTS

14 For an additional amount for ‘‘State and Tribal As15 sistance Grants’’, $600,000,000, to remain available until 

16 expended, of which $500,000,000 shall be for capitaliza17 tion grants for the Clean Water State Revolving Funds 

18 under title VI of the Federal Water Pollution Control Act, 

19 and of which $100,000,000 shall be for capitalization 

20 grants under section 1452 of the Safe Drinking Water 

21 Act: Provided, That notwithstanding section 604(a) of the 

22 Federal Water Pollution Control Act and section 

23 1452(a)(1)(D) of the Safe Drinking Water Act, funds ap24 propriated herein shall be provided to States in EPA Re25 gion 2 for wastewater and drinking water treatment works 


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1 and facilities impacted by Hurricane Sandy: Provided fur2 ther, That notwithstanding the requirements of section 

3 603(d) of the Federal Water Pollution Control Act, for 

4 the funds appropriated herein, each State shall use not 

5 less than 20 percent but not more than 30 percent of the 

6 amount of its capitalization grants to provide additional 

7 subsidization to eligible recipients in the form of forgive8 ness of principal, negative interest loans or grants or any 

9 combination of these: Provided further, That the funds ap10 propriated herein shall only be used for eligible projects 

11 whose purpose is to reduce flood damage risk and vulner12 ability or to enhance resiliency to rapid hydrologic change 

13 or a natural disaster at treatment works as defined by 

14 section 212 of the Federal Water Pollution Control Act 

15 or any eligible facilities under section 1452 of the Safe 

16 Drinking Water Act, and for other eligible tasks at such 

17 treatment works or facilities necessary to further such 

18 purposes: Provided further, That the Administrator of the 

19 Environmental Protection Agency may retain up to 

20 $1,000,000 of the funds appropriated herein for manage21 ment and oversight: Provided further, That such amounts 

22 are designated by the Congress as being for an emergency 

23 requirement pursuant to section 251(b)(2)(A)(i) of the 

24 Balanced Budget and Emergency Deficit Control Act of 

25 1985. 


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1 RELATED AGENCIES 

2 DEPARTMENT OF AGRICULTURE 

3 FOREST SERVICE

4 CAPITAL IMPROVEMENT AND MAINTENANCE

5 For an additional amount for ‘‘Capital Improvement 

6 and Maintenance’’ for necessary expenses related to the 

7 consequences of Hurricane Sandy, $4,400,000, to remain 

8 available until expended: Provided, That such amount is 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 OTHER RELATED AGENCY 

13 SMITHSONIAN INSTITUTION

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’ for necessary expenses related to the con17 sequences of Hurricane Sandy, $2,000,000, to remain 

18 available until expended: Provided, That such amount is 

19 designated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 


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1 CHAPTER 8 

2 DEPARTMENT OF LABOR 

3 EMPLOYMENT AND TRAINING ADMINISTRATION

4 TRAINING AND EMPLOYMENT SERVICES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For an additional amount for ‘‘Training and Employ7 ment Services’’, $25,000,000, for the dislocated workers 

8 assistance national reserve for necessary expenses directly 

9 related to Hurricane Sandy, which shall be available from 

10 the date of enactment of this division through September 

11 30, 2013: Provided, That the Secretary of Labor may 

12 transfer up to $3,500,000 of such funds to any other De13 partment of Labor account for other Hurricane Sandy re14 construction and recovery needs, including worker protec15 tion activities: Provided further, That such amounts are 

16 designated by the Congress as being for an emergency re17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 


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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 OFFICE OF THE SECRETARY

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for ‘‘Public Health and So8 cial Services Emergency Fund’’ for disaster response and 

9 recovery, and other expenses directly related to Hurricane 

10 Sandy, including making payments under the Head Start 

11 Act and additional payments for distribution as provided 

12 for under the ‘‘Social Services Block Grant Program’’, 

13 $800,000,000, to remain available until September 30, 

14 2015: Provided, That $100,000,000 shall be transferred 

15 to ‘‘Children and Families Services Programs’’ for the 

16 Head Start program for the purposes provided herein: 

17 Provided further, That $500,000,000 shall be transferred 

18 to ‘‘Social Services Block Grant’’ for the purposes pro19 vided herein: Provided further, That section 2002(c) of the 

20 Social Security Act shall be applied to funds appropriated 

21 in the preceding proviso by substituting ‘‘succeeding 2 fis22 cal years’’ for ‘‘succeeding fiscal year’’: Provided further, 

23 That not less than $5,000,000 shall be transferred to the 

24 Department of Health and Human Services (‘‘HHS’’) 

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1 countability, and evaluation of programs, projects, or ac2 tivities supported with the funds provided for the purposes 

3 provided herein: Provided further, That notwithstanding 

4 any other provision of law, the distribution of any amount 

5 shall be limited to the States directly affected by Hurri6 cane Sandy and which have been declared by the President 

7 as a major disaster under title IV of the Robert T. Staf8 ford Disaster Relief and Emergency Assistance Act for 

9 Hurricane Sandy: Provided further, That none of the 

10 funds appropriated in this paragraph shall be included in 

11 the calculation of the ‘‘base grant’’ in subsequent fiscal 

12 years, as such term is defined in sections 640(a)(7)(A), 

13 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Pro14 vided further, That funds appropriated in this paragraph 

15 are not subject to the allocation requirements of section 

16 640(a) of the Head Start Act: Provided further, That 

17 funds appropriated in this paragraph for the Social Serv18 ices Block Grant are in addition to the entitlement grants 

19 authorized by section 2002(a)(1) of the Social Security 

20 Act and shall not be available for such entitlement grants: 

21 Provided further, That in addition to other uses permitted 

22 by title XX of the Social Security Act, funds appropriated 

23 in this paragraph for the Social Services Block Grant may 

24 be used for health services (including mental health serv25 ices), and for costs of renovating, repairing, or rebuilding 


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1 health care facilities, child care facilities, or other social 

2 services facilities: Provided further, That the remaining 

3 $195,000,000 appropriated in this paragraph may be 

4 transferred by the Secretary of HHS (‘‘Secretary’’) to ac5 counts within HHS, and shall be available only for the 

6 purposes provided in this paragraph: Provided further, 

7 That the transfer authority provided in this paragraph is 

8 in addition to any other transfer authority available in this 

9 or any other Act: Provided further, That 15 days prior 

10 to the transfer of funds appropriated in this paragraph, 

11 the Secretary shall notify the Committees on Appropria12 tions of the House of Representatives and the Senate of 

13 any such transfer and the planned uses of the funds: Pro14 vided further, That obligations incurred for the purposes 

15 provided herein prior to the date of enactment of this divi16 sion may be charged to funds appropriated by this para17 graph: Provided further, That funds appropriated in this 

18 paragraph and transferred to the National Institutes of 

19 Health for the purpose of supporting the repair or rebuild20 ing of non-Federal biomedical or behavioral research facili21 ties damaged as a result of Hurricane Sandy shall be used 

22 to award grants or contracts for such purpose under sec23 tion 404I of the Public Health Service Act: Provided fur24 ther, That section 481A(c)(2) of such Act does not apply 

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1 vided further, That funds appropriated in this paragraph 

2 shall not be available for costs that are reimbursed by the 

3 Federal Emergency Management Agency, under a con4 tract for insurance, or by self-insurance: Provided further, 

5 That such amounts are designated by the Congress as 

6 being for an emergency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985: Provided further, That this 

9 paragraph shall apply in place of the previous provisions 

10 under this heading in title VI of this division, and such 

11 previous provisions shall have no force or effect. 

12 CHAPTER 9 

13 DEPARTMENT OF TRANSPORTATION 

14 FEDERAL AVIATION ADMINISTRATION

15 FACILITIES AND EQUIPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For an additional amount for ‘‘Facilities and Equip18 ment’’, $30,000,000, to be derived from the Airport and 

19 Airway Trust Fund and to remain available until ex20 pended, for necessary expenses related to the consequences 

21 of Hurricane Sandy: Provided, That such amount is des22 ignated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985. 


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1 FEDERAL HIGHWAY ADMINISTRATION

2 FEDERAL-AID HIGHWAYS

3 EMERGENCY RELIEF PROGRAM

4 For an additional amount for the ‘‘Emergency Relief 

5 Program’’ as authorized under section 125 of title 23, 

6 United States Code, $2,022,000,000, to remain available 

7 until expended: Provided, That the obligations for projects 

8 under this section resulting from a single natural disaster 

9 or a single catastrophic failure in a State shall not exceed 

10 $100,000,000, and the total obligations for projects under 

11 this section in any fiscal year in the Virgin Islands, Guam, 

12 American Samoa, and the Commonwealth of the Northern 

13 Mariana Islands shall not exceed $20,000,000: Provided 

14 further, That notwithstanding the preceding proviso, the 

15 Secretary of Transportation may obligate more than 

16 $100,000,000, but not more than $500,000,000, for a sin17 gle natural disaster event in a State for emergency relief 

18 projects arising from damage caused in calendar year 

19 2012 by Hurricane Sandy: Provided further, That no 

20 funds provided in this division shall be used for section 

21 125(g) of such title: Provided further, That the amount 

22 provided under this heading is designated by the Congress 

23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 FEDERAL RAILROAD ADMINISTRATION

2 GRANTS TO THE NATIONAL RAILROAD PASSENGER

3 CORPORATION

4 For an additional amount for ‘‘Grants to the Na5 tional Railroad Passenger Corporation’’ for the Secretary 

6 of Transportation to make capital and debt service grants 

7 to the National Railroad Passenger Corporation to ad8 vance capital projects that address Northeast Corridor in9 frastructure recovery and resiliency in the affected areas, 

10 $86,000,000, to remain available until expended: Pro11 vided, That none of the funds may be used to subsidize 

12 operating losses of the Corporation: Provided further, That 

13 as a condition of eligibility for receipt of such funds, the 

14 Corporation shall not, after the enactment of this division, 

15 use any funds provided for Capital and Debt Service 

16 Grants to the National Railroad Passenger Corporation 

17 in this division or any other Act for operating expenses, 

18 which includes temporary transfers of such funds: Pro19 vided further, That the Administrator of the Federal Rail20 road Administration may retain up to one-half of 1 per21 cent of the funds provided under this heading to fund the 

22 award and oversight by the Administrator of grants made 

23 under this heading: Provided further, That for an addi24 tional amount for the Secretary to make operating subsidy 

25 grants to the National Railroad Passenger Corporation for 


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1 necessary repairs related to the consequences of Hurricane 

2 Sandy, $32,000,000, to remain available until expended: 

3 Provided further, That each amount under this heading 

4 is designated by the Congress as being for an emergency 

5 requirement pursuant to section 251(b)(2)(A)(i) of the 

6 Balanced Budget and Emergency Deficit Control Act of 

7 1985. 

8 FEDERAL TRANSIT ADMINISTRATION

9 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

10 (INCLUDING TRANSFER OF FUNDS)

11 For the ‘‘Public Transportation Emergency Relief 

12 Program’’ as authorized under section 5324 of title 49, 

13 United States Code, $10,900,000,000, to remain available 

14 until expended, for recovery and relief efforts in the areas 

15 most affected by Hurricane Sandy: Provided, That not 

16 more than $2,000,000,000 shall be made available not 

17 later than 60 days after the enactment of this division: 

18 Provided further, That the remainder of the funds shall 

19 be made available only after the Federal Transit Adminis20 tration and the Federal Emergency Management Agency 

21 sign the Memorandum of Agreement required by section 

22 20017(b) of the Moving Ahead for Progress in the 21st 

23 Century Act (Public Law 112–141) and the Federal Tran24 sit Administration publishes interim regulations for the 

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1 vided further, That of the funds provided under this head2 ing, the Secretary of Transportation may transfer up to 

3 $5,383,000,000 to the appropriate agencies to fund pro4 grams authorized under titles 23 and 49, United States 

5 Code, in order to carry out projects related to reducing 

6 risk of damage from future disasters in areas impacted 

7 by Hurricane Sandy: Provided further, That the Commit8 tees on Appropriations of the House of Representatives 

9 and the Senate shall be notified at least 15 days in ad10 vance of any such transfer: Provided further, That up to 

11 three-quarters of 1 percent of the funds retained for public 

12 transportation emergency relief shall be available for the 

13 purposes of administrative expenses and ongoing program 

14 management oversight as authorized under 49 U.S.C. 

15 5334 and 5338(i)(2) and shall be in addition to any other 

16 appropriations for such purposes: Provided further, That, 

17 of the funds made available under this heading, 

18 $6,000,000 shall be transferred to the Office of Inspector 

19 General to support the oversight of activities funded under 

20 this heading: Provided further, That such amounts are 

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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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 COMMUNITY DEVELOPMENT FUND

5 (INCLUDING TRANSFERS OF FUNDS)

6 For an additional amount for ‘‘Community Develop7 ment Fund’’, $16,000,000,000, to remain available until 

8 September 30, 2017, for necessary expenses related to dis9 aster relief, long-term recovery, restoration of infrastruc10 ture and housing, and economic revitalization in the most 

11 impacted and distressed areas resulting from a major dis12 aster declared pursuant to the Robert T. Stafford Disaster 

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

14 seq.) due to Hurricane Sandy and other eligible events in 

15 calendar years 2011, 2012, and 2013, for activities au16 thorized under title I of the Housing and Community De17 velopment Act of 1974 (42 U.S.C. 5301 et seq.): Provided, 

18 That funds shall be awarded directly to the State or unit 

19 of general local government as a grantee at the discretion 

20 of the Secretary of Housing and Urban Development: Pro21 vided further, That the Secretary shall allocate to grantees 

22 not less than 33 percent of the funds provided under this 

23 heading within 60 days after the enactment of this division 

24 based on the best available data: Provided further, That 

25 prior to the obligation of funds, a grantee shall submit 


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1 a plan to the Secretary for approval detailing the proposed 

2 use of all funds, including criteria for eligibility and how 

3 the use of these funds will address long-term recovery and 

4 restoration of infrastructure and housing and economic re5 vitalization in the most impacted and distressed areas: 

6 Provided further, That the Secretary shall by notice specify 

7 the criteria for approval of such plans within 45 days of 

8 enactment of this division: Provided further, That if the 

9 Secretary determines that a plan does not meet such cri10 teria, the Secretary shall disapprove the plan: Provided 

11 further, That funds provided under this heading may not 

12 be used for activities reimbursable by or for which funds 

13 are made available by the Federal Emergency Manage14 ment Agency or the Army Corps of Engineers: Provided 

15 further, That funds allocated under this heading shall not 

16 be considered relevant to the non-disaster formula alloca17 tions made pursuant to section 106 of the Housing and 

18 Community Development Act of 1974 (42 U.S.C. 5306): 

19 Provided further, That a grantee may use up to 5 percent 

20 of its allocation for administrative costs: Provided further, 

21 That a grantee shall administer grant funds provided 

22 under this heading in accordance with all applicable laws 

23 and regulations and may not delegate, by contract or oth24 erwise, the responsibility for administering such grant 

25 funds: Provided further, That as a condition of making any 


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1 grant, the Secretary shall certify in advance that such 

2 grantee has in place proficient financial controls and pro3 curement processes and has established adequate proce4 dures to prevent any duplication of benefits as defined by 

5 section 312 of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5155), to ensure 

7 timely expenditure of funds, to maintain comprehensive 

8 websites regarding all disaster recovery activities assisted 

9 with these funds, and to detect and prevent waste, fraud, 

10 and abuse of funds: Provided further, That the Secretary 

11 shall provide grantees with technical assistance on con12 tracting and procurement processes and shall require 

13 grantees, in contracting or procuring these funds, to incor14 porate performance requirements and penalties into any 

15 such contracts or agreements: Provided further, That the 

16 Secretary shall require grantees to maintain on a public 

17 website information accounting for how all grant funds are 

18 used, including details of all contracts and ongoing pro19 curement processes: Provided further, That, in admin20 istering the funds under this heading, the Secretary may 

21 waive, or specify alternative requirements for, any provi22 sion of any statute or regulation that the Secretary admin23 isters in connection with the obligation by the Secretary 

24 or the use by the recipient of these funds (except for re25 quirements related to fair housing, nondiscrimination, 


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1 labor standards, and the environment) pursuant to a de2 termination by the Secretary that good cause exists for 

3 the waiver or alternative requirement and that such action 

4 is not inconsistent with the overall purposes of title I of 

5 the Housing and Community Development Act of 1974 

6 (42 U.S.C. 5301 et seq.): Provided further, That, notwith7 standing the preceding proviso, recipients of funds pro8 vided under this heading that use such funds to supple9 ment Federal assistance provided under section 402, 403, 

10 404, 406, 407, or 502 of the Robert T. Stafford Disaster 

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

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

13 environmental review, approval, or permit performed by 

14 a Federal agency, and such adoption shall satisfy the re15 sponsibilities of the recipient with respect to such environ16 mental review, approval or permit: Provided further, That, 

17 notwithstanding section 104(g)(2) of the Housing and 

18 Community Development Act of 1974 (42 U.S.C. 

19 5304(g)(2)), the Secretary may, upon receipt of a request 

20 for release of funds and certification, immediately approve 

21 the release of funds for an activity or project assisted 

22 under this heading if the recipient has adopted an environ23 mental review, approval or permit under the preceding 

24 proviso or the activity or project is categorically excluded 

25 from review under the National Environmental Policy Act 


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

2 a waiver granted by the Secretary may not reduce the per3 centage of funds that must be used for activities that ben4 efit persons of low and moderate income to less than 50 

5 percent, unless the Secretary specifically finds that there 

6 is a compelling need to further reduce or eliminate the 

7 percentage requirement: Provided further, That the Sec8 retary shall publish in the Federal Register any waiver of 

9 any statute or regulation that the Secretary administers 

10 pursuant to title I of the Housing and Community Devel11 opment Act of 1974 no later than 5 days before the effec12 tive date of such waiver: Provided further, That, of the 

13 funds made available under this heading, up to 

14 $10,000,000 may be transferred to ‘‘Program Office Sala15 ries and Expenses, Community Planning and Develop16 ment’’ for necessary costs, including information tech17 nology costs, of administering and overseeing funds made 

18 available under this heading: Provided further, That of the 

19 funds made available under this heading, $10,000,000 

20 shall be transferred to ‘‘Office of the Inspector General’’ 

21 for necessary costs of overseeing and auditing funds made 

22 available under this heading: Provided further, That the 

23 amounts provided under this heading are designated by 

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1 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 SEC. 1091. For fiscal year 2013, upon request by a 

5 public housing agency and supported by documentation as 

6 required by the Secretary of Housing and Urban Develop7 ment that demonstrates that the need for the adjustment 

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

9 adjustments to the section 8 housing choice voucher an10 nual renewal funding allocations and administrative fee 

11 eligibility determinations for public housing agencies in an 

12 area for which the President declared a disaster during 

13 such fiscal year under title IV of the Robert T. Stafford 

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

15 5170 et seq.), to avoid significant adverse funding impacts 

16 that would otherwise result from the disaster. 

17 SEC. 1092. The Departments of Transportation and 

18 Housing and Urban Development shall submit to the 

19 Committees on Appropriations of the House of Represent20 atives and the Senate within 45 days after the date of 

21 the enactment of this division a plan for implementing the 

22 provisions in this chapter, and updates to such plan on 

23 a biannual basis thereafter. 

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1 ment of Housing and Urban Development may be used 

2 to make a grant unless the Secretary of such Department 

3 notifies the Committees on Appropriations of the House 

4 of Representatives and the Senate not less than 3 full 

5 business days before any project, State or locality is se6 lected to receive a grant award totaling $1,000,000 or 

7 more is announced by either Department or a modal ad8 ministration. 

9 SEC. 1094. This chapter shall apply in place of title 

10 VIII of this division, and such title shall have no force 

11 or effect. 

12 SEC. 1095. The amounts otherwise provided by this 

13 division are revised by reducing the amount made available 

14 for ‘‘Small Business Administration—Disaster Loans Pro15 gram Account’’ for administrative expenses to carry out 

16 the direct loan program authorized by section 7(b) of the 

17 Small Business Act (and within such amount, the amount 

18 made available for direct administrative expenses of loan 

19 making and servicing to carry out such program), and in20 creasing the amount made available for ‘‘Department of 

21 Veterans Affairs—National Cemetery Administration’’, by 

22 $1,000,000. 

23 SEC. 1096. None of the funds provided in this divi24 sion shall be used for land acquisition by the Secretary 

25 of the Interior or the Secretary of Agriculture. 


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1 This division may be cited as the ‘‘Disaster Relief Ap2 propriations Act, 2013’’. 

3 DIVISION B—SANDY RECOVERY 

4 IMPROVEMENT ACT OF 2013 

5 SEC. 1101. SHORT TITLE; TABLE OF CONTENTS. 

6 (a) SHORT TITLE.—This division may be cited as the 

7 ‘‘Sandy Recovery Improvement Act of 2013’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this division is as follows: 

Sec. 1101. Short title; table of contents. 

Sec. 1102. Public assistance program alternative procedures. 

Sec. 1103. Federal assistance to individuals and households. 

Sec. 1104. Hazard mitigation. 

Sec. 1105. Dispute resolution pilot program. 

Sec. 1106. Unified Federal review. 

Sec. 1107. Simplified procedures. 

Sec. 1108. Essential assistance. 

Sec. 1109. Individual assistance factors. 

Sec. 1110. Tribal requests for a major disaster or emergency declaration under 

the Stafford Act. 

Sec. 1111. Recommendations for reducing costs of future disasters. 

10 SEC. 1102. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE 

11 PROCEDURES. 

12 Title IV of the Robert T. Stafford Disaster Relief and 

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

14 amended— 

15 (1) by redesignating the second section 425 (re16 lating to essential service providers) as section 427; 

17 and 

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


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1 ‘‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE 

2 PROCEDURES. 

3 ‘‘(a) APPROVAL OF PROJECTS.—The President, act4 ing through the Administrator of the Federal Emergency 

5 Management Agency, may approve projects under the al6 ternative procedures adopted under this section for any 

7 major disaster or emergency declared on or after the date 

8 of enactment of this section. The Administrator may also 

9 apply the alternate procedures adopted under this section 

10 to a major disaster or emergency declared before enact11 ment of this Act for which construction has not begun as 

12 of the date of enactment of this Act. 

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

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

15 operators of private nonprofit facilities, may adopt alter16 native procedures to administer assistance provided under 

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

18 ‘‘(c) GOALS OF PROCEDURES.—The alternative pro19 cedures adopted under subsection (a) shall further the 

20 goals of— 

21 ‘‘(1) reducing the costs to the Federal Govern22 ment of providing such assistance; 

23 ‘‘(2) increasing flexibility in the administration 

24 of such assistance; 


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

2 to a State, tribal or local government, or owner or 

3 operator of a private nonprofit facility; and 

4 ‘‘(4) providing financial incentives and disincen5 tives for a State, tribal or local government, or 

6 owner or operator of a private nonprofit facility for 

7 the timely and cost-effective completion of projects 

8 with such assistance. 

9 ‘‘(d) PARTICIPATION.—Participation in the alter10 native procedures adopted under this section shall be at 

11 the election of a State, tribal or local government, or 

12 owner or operator of a private nonprofit facility consistent 

13 with procedures determined by the Administrator. 

14 ‘‘(e) MINIMUM PROCEDURES.—The alternative pro15 cedures adopted under this section shall include the fol16 lowing: 

17 ‘‘(1) For repair, restoration, and replacement of 

18 damaged facilities under section 406— 

19 ‘‘(A) making grants on the basis of fixed 

20 estimates, if the State, tribal or local govern21 ment, or owner or operator of the private non22 profit facility agrees to be responsible for any 

23 actual costs that exceed the estimate; 

24 ‘‘(B) providing an option for a State, tribal 

25 or local government, or owner or operator of a 


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1 private nonprofit facility to elect to receive an 

2 in-lieu contribution, without reduction, on the 

3 basis of estimates of— 

4 ‘‘(i) the cost of repair, restoration, re5 construction, or replacement of a public fa6 cility owned or controlled by the State, 

7 tribal or local government or owner or op8 erator of a private nonprofit facility; and 

9 ‘‘(ii) management expenses; 

10 ‘‘(C) consolidating, to the extent deter11 mined appropriate by the Administrator, the fa12 cilities of a State, tribal or local government, or 

13 owner or operator of a private nonprofit facility 

14 as a single project based upon the estimates 

15 adopted under the procedures; 

16 ‘‘(D) if the actual costs of a project com17 pleted under the procedures are less than the 

18 estimated costs thereof, the Administrator may 

19 permit a grantee or subgrantee to use all or 

20 part of the excess funds for— 

21 ‘‘(i) cost-effective activities that re22 duce the risk of future damage, hardship, 

23 or suffering from a major disaster; and 

24 ‘‘(ii) other activities to improve future 

25 Public Assistance operations or planning; 


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1 ‘‘(E) in determining eligible costs under 

2 section 406, the Administrator shall make avail3 able, at an applicant’s request and where the 

4 Administrator or the certified cost estimate pre5 pared by the applicant’s professionally licensed 

6 engineers has estimated an eligible Federal 

7 share for a project of at least $5,000,000, an 

8 independent expert panel to validate the esti9 mated eligible cost consistent with applicable 

10 regulations and policies implementing this sec11 tion; and 

12 ‘‘(F) in determining eligible costs under 

13 section 406, the Administrator shall, at the ap14 plicant’s request, consider properly conducted 

15 and certified cost estimates prepared by profes16 sionally licensed engineers (mutually agreed 

17 upon by the Administrator and the applicant), 

18 to the extent that such estimates comply with 

19 applicable regulations, policy, and guidance. 

20 ‘‘(2) For debris removal under sections 

21 403(a)(3)(A), 407, and 502(a)(5)— 

22 ‘‘(A) making grants on the basis of fixed 

23 estimates to provide financial incentives and 

24 disincentives for the timely or cost-effective 

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1 ment, or owner or operator of the private non2 profit facility agrees to be responsible to pay for 

3 any actual costs that exceed the estimate; 

4 ‘‘(B) using a sliding scale for determining 

5 the Federal share for removal of debris and 

6 wreckage based on the time it takes to complete 

7 debris and wreckage removal; 

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

9 recycled debris without offset to the grant 

10 amount; 

11 ‘‘(D) reimbursing base and overtime wages 

12 for employees and extra hires of a State, tribal 

13 or local government, or owner or operator of a 

14 private nonprofit facility performing or admin15 istering debris and wreckage removal; 

16 ‘‘(E) providing incentives to a State or 

17 tribal or local government to have a debris 

18 management plan approved by the Adminis19 trator and have pre-qualified 1 or more debris 

20 and wreckage removal contractors before the 

21 date of declaration of the major disaster; and 

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

23 subparagraph (A) are less than the estimated 

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1 mit a grantee or subgrantee to use all or part 

2 of the excess funds for— 

3 ‘‘(i) debris management planning; 

4 ‘‘(ii) acquisition of debris management 

5 equipment for current or future use; and 

6 ‘‘(iii) other activities to improve future 

7 debris removal operations, as determined 

8 by the Administrator. 

9 ‘‘(f) WAIVER AUTHORITY.—Until such time as the 

10 Administrator promulgates regulations to implement this 

11 section, the Administrator may— 

12 ‘‘(1) waive notice and comment rulemaking, if 

13 the Administrator determines the waiver is necessary 

14 to expeditiously implement this section; and 

15 ‘‘(2) carry out the alternative procedures under 

16 this section as a pilot program. 

17 ‘‘(g) OVERTIME PAYMENTS.—The guidelines for re18 imbursement for costs under subsection (e)(2)(D) shall 

19 ensure that no State or local government is denied reim20 bursement for overtime payments that are required pursu21 ant to the Fair Labor Standards Act of 1938 (29 U.S.C. 

22 201 et seq.). 

23 ‘‘(h) REPORT.— 

24 ‘‘(1) IN GENERAL.—Not earlier than 3 years, 

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1 ment of this section, the Inspector General of the 

2 Department of Homeland Security shall submit to 

3 the Committee on Homeland Security and Govern4 mental Affairs of the Senate and the Committee on 

5 Transportation and Infrastructure of the House of 

6 Representatives a report on the alternative proce7 dures for the repair, restoration, and replacement of 

8 damaged facilities under section 406 authorized 

9 under this section. 

10 ‘‘(2) CONTENTS.—The report shall contain an 

11 assessment of the effectiveness of the alternative 

12 procedures, including— 

13 ‘‘(A) whether the alternative procedures 

14 helped to improve the general speed of disaster 

15 recovery; 

16 ‘‘(B) the accuracy of the estimates relied 

17 upon; 

18 ‘‘(C) whether the financial incentives and 

19 disincentives were effective; 

20 ‘‘(D) whether the alternative procedures 

21 were cost effective; 

22 ‘‘(E) whether the independent expert panel 

23 described in subsection (e)(1)(E) was effective; 

24 and 


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1 ‘‘(F) recommendations for whether the al2 ternative procedures should be continued and 

3 any recommendations for changes to the alter4 native procedures.’’. 

5 SEC. 1103. FEDERAL ASSISTANCE TO INDIVIDUALS AND 

6 HOUSEHOLDS. 

7 Section 408(c)(1)(B) of the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act (42 U.S.C. 

9 5174(c)(1)(B)) is amended— 

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

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

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

13 ‘‘(ii) LEASE AND REPAIR OF RENTAL

14 UNITS FOR TEMPORARY HOUSING.— 

15 ‘‘(I) IN GENERAL.—The Presi16 dent, to the extent the President de17 termines it would be a cost-effective 

18 alternative to other temporary housing 

19 options, may— 

20 ‘‘(aa) enter into lease agree21 ments with owners of multifamily 

22 rental property located in areas 

23 covered by a major disaster dec24 laration to house individuals and 


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1 households eligible for assistance 

2 under this section; and 

3 ‘‘(bb) make repairs or im4 provements to properties under 

5 such lease agreements, to the ex6 tent necessary to serve as safe 

7 and adequate temporary housing. 

8 ‘‘(II) IMPROVEMENTS OR RE9 PAIRS.—Under the terms of any lease 

10 agreement for property entered into 

11 under this subsection, the value of the 

12 improvements or repairs— 

13 ‘‘(aa) shall be deducted from 

14 the value of the lease agreement; 

15 and 

16 ‘‘(bb) may not exceed the 

17 value of the lease agreement.’’; 

18 and 

19 (3) in clause (iv) (as so redesignated) by strik20 ing ‘‘clause (ii)’’ and inserting ‘‘clause (iii)’’. 

21 SEC. 1104. HAZARD MITIGATION. 

22 (a) STREAMLINED PROCEDURES; ADVANCE ASSIST23 ANCE.—Section 404 of the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 U.S.C. 5170c) 

25 is amended by adding at the end the following: 


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1 ‘‘(d) STREAMLINED PROCEDURES.— 

2 ‘‘(1) IN GENERAL.—For the purpose of pro3 viding assistance under this section, the President 

4 shall ensure that— 

5 ‘‘(A) adequate resources are devoted to en6 sure that applicable environmental reviews 

7 under the National Environmental Policy Act of 

8 1969 and historic preservation reviews under 

9 the National Historic Preservation Act are com10 pleted on an expeditious basis; and 

11 ‘‘(B) the shortest existing applicable proc12 ess under the National Environmental Policy 

13 Act of 1969 and the National Historic Preser14 vation Act is utilized. 

15 ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PRO16 CEDURES.—The President may utilize expedited pro17 cedures in addition to those required under para18 graph (1) for the purpose of providing assistance 

19 under this section, such as procedures under the 

20 Prototype Programmatic Agreement of the Federal 

21 Emergency Management Agency, for the consider22 ation of multiple structures as a group and for an 

23 analysis of the cost-effectiveness and fulfillment of 

24 cost-share requirements for proposed hazard mitiga25 tion measures. 


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1 ‘‘(e) ADVANCE ASSISTANCE.—The President may 

2 provide not more than 25 percent of the amount of the 

3 estimated cost of hazard mitigation measures to a State 

4 grantee eligible for a grant under this section before eligi5 ble costs are incurred.’’. 

6 (b) ESTABLISHMENT OF CRITERIA RELATING TO AD7 MINISTRATION OF HAZARD MITIGATION ASSISTANCE BY

8 STATES.—Section 404(c)(2) of the Robert T. Stafford 

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

10 5170c(c)(2)) is amended by inserting after ‘‘applications 

11 submitted under paragraph (1).’’ the following: ‘‘Until 

12 such time as the Administrator promulgates regulations 

13 to implement this paragraph, the Administrator may 

14 waive notice and comment rulemaking, if the Adminis15 trator determines doing so is necessary to expeditiously 

16 implement this section, and may carry out this section as 

17 a pilot program.’’. 

18 (c) APPLICABILITY.—The authority under the 

19 amendments made by this section shall apply to— 

20 (1) any major disaster or emergency declared 

21 under the Robert T. Stafford Disaster Relief and 

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

23 on or after the date of enactment of this division; 

24 and 


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1 (2) a major disaster or emergency declared 

2 under that Act before the date of enactment of this 

3 division for which the period for processing requests 

4 for assistance has not ended as of the date of enact5 ment of this division. 

6 SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM. 

7 (a) DEFINITIONS.—In this section, the following defi8 nitions apply: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Federal 

11 emergency Management Agency. 

12 (2) ELIGIBLE ASSISTANCE.—The term ‘‘eligible 

13 assistance’’ means assistance— 

14 (A) under section 403, 406, or 407 of the 

15 Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5170b, 5172, 

17 5173); 

18 (B) for which the legitimate amount in dis19 pute is not less than $1,000,000, which sum the 

20 Administrator shall adjust annually to reflect 

21 changes in the Consumer Price Index for all 

22 Urban Consumers published by the Department 

23 of Labor; 

24 (C) for which the applicant has a non-Fed25 eral share; and 


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1 (D) for which the applicant has received a 

2 decision on a first appeal. 

3 (b) PROCEDURES.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this section, and in 

6 order to facilitate an efficient recovery from major 

7 disasters, the Administrator shall establish proce8 dures under which an applicant may request the use 

9 of alternative dispute resolution, including arbitra10 tion by an independent review panel, to resolve dis11 putes relating to eligible assistance. 

12 (2) BINDING EFFECT.—A decision by an inde13 pendent review panel under this section shall be 

14 binding upon the parties to the dispute. 

15 (3) CONSIDERATIONS.—The procedures estab16 lished under this section shall— 

17 (A) allow a party of a dispute relating to 

18 eligible assistance to request an independent re19 view panel for the review; 

20 (B) require a party requesting an inde21 pendent review panel as described in subpara22 graph (A) to agree to forgo rights to any fur23 ther appeal of the dispute relating to any eligi24 ble assistance; 


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1 (C) require that the sponsor of an inde2 pendent review panel for any alternative dispute 

3 resolution under this section be— 

4 (i) an individual or entity unaffiliated 

5 with the dispute (which may include a 

6 Federal agency, an administrative law 

7 judge, or a reemployed annuitant who was 

8 an employee of the Federal Government) 

9 selected by the Administrator; and 

10 (ii) responsible for identifying and 

11 maintaining an adequate number of inde12 pendent experts qualified to review and re13 solve disputes under this section; 

14 (D) require an independent review panel 

15 to— 

16 (i) resolve any remaining disputed 

17 issue in accordance with all applicable 

18 laws, regulations, and Agency interpreta19 tions of those laws through its published 

20 policies and guidance; 

21 (ii) consider only evidence contained 

22 in the administrative record, as it existed 

23 at the time at which the Agency made its 

24 initial decision; 


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1 (iii) only set aside a decision of the 

2 Agency found to be arbitrary, capricious, 

3 an abuse of discretion, or otherwise not in 

4 accordance with law; and 

5 (iv) in the case of a finding of mate6 rial fact adverse to the claimant made on 

7 first appeal, only set aside or reverse such 

8 finding if the finding is clearly erroneous; 

9 (E) require an independent review panel to 

10 expeditiously issue a written decision for any al11 ternative dispute resolution under this section; 

12 and 

13 (F) direct that if an independent review 

14 panel for any alternative dispute resolution 

15 under this section determines that the basis 

16 upon which a party submits a request for alter17 native dispute resolution is frivolous, the inde18 pendent review panel shall direct the party to 

19 pay the reasonable costs to the Federal Emer20 gency Management Agency relating to the re21 view by the independent review panel. Any 

22 funds received by the Federal Emergency Man23 agement Agency under the authority of this sec24 tion shall be deposited to the credit of the ap25 propriation or appropriations available for the 


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1 eligible assistance in dispute on the date on 

2 which the funds are received. 

3 (c) SUNSET.—A request for review by an independent 

4 review panel under this section may not be made after De5 cember 31, 2015. 

6 (d) REPORT.— 

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

8 after the termination of authority under this section 

9 under subsection (c), the Comptroller General of the 

10 United States shall submit to the Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate and the Committee on Transportation and 

13 Infrastructure of the House of Representatives a re14 port analyzing the effectiveness of the program 

15 under this section. 

16 (2) CONTENTS.—The report submitted under 

17 paragraph (1) shall include— 

18 (A) a determination of the availability of 

19 data required to complete the report; 

20 (B) an assessment of the effectiveness of 

21 the program under this section, including an as22 sessment of whether the program expedited or 

23 delayed the disaster recovery process; 

24 (C) an assessment of whether the program 

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1 tion 403, 406, or 407 of the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act; 

3 (D) an assessment of the procedures and 

4 safeguards that the independent review panels 

5 established to ensure objectivity and accuracy, 

6 and the extent to which they followed those pro7 cedures and safeguards; 

8 (E) a recommendation as to whether any 

9 aspect of the program under this section should 

10 be made a permanent authority; and 

11 (F) recommendations for any modifications 

12 to the authority or the administration of the 

13 authority under this section in order to improve 

14 the disaster recovery process. 

15 SEC. 1106. UNIFIED FEDERAL REVIEW. 

16 Title IV of the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (as amended by this division) 

18 is further amended by adding at the end the following: 

19 ‘‘SEC. 429. UNIFIED FEDERAL REVIEW. 

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

21 the date of enactment of this section, and in consultation 

22 with the Council on Environmental Quality and the Advi23 sory Council on Historic Preservation, the President shall 

24 establish an expedited and unified interagency review 

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1 toric requirements under Federal law relating to disaster 

2 recovery projects, in order to expedite the recovery proc3 ess, consistent with applicable law. 

4 ‘‘(b) CONTENTS.—The review process established 

5 under this section shall include mechanisms to expedi6 tiously address delays that may occur during the recovery 

7 from a major disaster and be updated, as appropriate, 

8 consistent with applicable law.’’. 

9 SEC. 1107. SIMPLIFIED PROCEDURES. 

10 Section 422 of the Robert T. Stafford Disaster Relief 

11 and Emergency Assistance Act (42 U.S.C. 5189) is 

12 amended— 

13 (1) by striking ‘‘If the Federal estimate’’ and 

14 inserting ‘‘(a) IN GENERAL.—If the Federal esti15 mate’’; 

16 (2) by inserting ‘‘(or, if the Administrator has 

17 established a threshold under subsection (b), the 

18 amount established under subsection (b))’’ after 

19 ‘‘$35,000’’ the first place it appears; 

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

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

22 amount’’ the second place it appears; and 

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

24 ‘‘(b) THRESHOLD.— 


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

2 date of enactment of this subsection, the President, 

3 acting through the Administrator of the Federal 

4 Emergency Management Agency (in this section re5 ferred to as the ‘Administrator’), shall— 

6 ‘‘(A) complete an analysis to determine 

7 whether an increase in the threshold for eligi8 bility under subsection (a) is appropriate, which 

9 shall include consideration of cost-effectiveness, 

10 speed of recovery, capacity of grantees, past 

11 performance, and accountability measures; and 

12 ‘‘(B) submit to the Committee on Trans13 portation and Infrastructure of the House of 

14 Representatives and the Committee on Home15 land Security and Governmental Affairs of the 

16 Senate a report regarding the analysis con17 ducted under subparagraph (A). 

18 ‘‘(2) AMOUNT.—After the Administrator sub19 mits the report required under paragraph (1), the 

20 President shall direct the Administrator to— 

21 ‘‘(A) immediately establish a threshold for 

22 eligibility under this section in an appropriate 

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

24 United States Code; and 


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1 ‘‘(B) adjust the threshold annually to re2 flect changes in the Consumer Price Index for 

3 all Urban Consumers published by the Depart4 ment of Labor. 

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

6 date on which the Administrator establishes a 

7 threshold under paragraph (2), and every 3 years 

8 thereafter, the President, acting through the Admin9 istrator, shall review the threshold for eligibility 

10 under this section.’’. 

11 SEC. 1108. ESSENTIAL ASSISTANCE. 

12 (a) OTHER NEEDS ASSISTANCE.—Section 408(e)(1) 

13 of the Robert T. Stafford Disaster Relief and Emergency 

14 Assistance Act (42 U.S.C. 5174(e)(1)) is amended— 

15 (1) in the paragraph heading by inserting 

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

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

18 (b) SALARIES AND BENEFITS.—Section 403 of the 

19 Robert T. Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5170b) is amended by adding at the 

21 end 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, 


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1 the President may reimburse the State, tribal, or 

2 local 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 

10 be carried out by contract or agreement 

11 with private organizations, firms, or indi12 viduals.; or 

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

15 State, tribal, or local government conducting 

16 emergency protective measures under this sec17 tion. 

18 ‘‘(2) OVERTIME.—The guidelines for reimburse19 ment for costs under paragraph (1) shall ensure that 

20 no State, tribal, or local government is denied reim21 bursement for overtime payments that are required 

22 pursuant to the Fair Labor Standards Act of 1938 

23 (29 U.S.C. 201 et seq.). 

24 ‘‘(3) NO EFFECT ON MUTUAL AID PACTS.— 

25 Nothing in this subsection shall affect the ability of 


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1 the President to reimburse labor force expenses pro2 vided pursuant to an authorized mutual aid pact.’’. 

3 SEC. 1109. INDIVIDUAL ASSISTANCE FACTORS. 

4 In order to provide more objective criteria for evalu5 ating the need for assistance to individuals, to clarify the 

6 threshold for eligibility and to speed a declaration of a 

7 major disaster or emergency under the Robert T. Stafford 

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

9 5121 et seq.), not later than 1 year after the date of enact10 ment of this division, the Administrator of the Federal 

11 Emergency Management Agency, in cooperation with rep12 resentatives of State, tribal, and local emergency manage13 ment agencies, shall review, update, and revise through 

14 rulemaking the factors considered under section 206.48 

15 of title 44, Code of Federal Regulations (including section 

16 206.48(b)(2) of such title relating to trauma and the spe17 cific conditions or losses that contribute to trauma), to 

18 measure the severity, magnitude, and impact of a disaster. 

19 SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR 

20 EMERGENCY DECLARATION UNDER THE 

21 STAFFORD ACT. 

22 (a) MAJOR DISASTER REQUESTS.—Section 401 of 

23 the Robert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5170) is amended— 


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1 (1) by striking ‘‘All requests for a declaration’’ 

2 and inserting ‘‘(a) IN GENERAL.—All requests for a 

3 declaration’’; and 

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

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

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

7 affected Indian tribal government may submit a re8 quest for a declaration by the President that a 

9 major disaster exists consistent with the require10 ments of subsection (a). 

11 ‘‘(2) REFERENCES.—In implementing assist12 ance authorized by the President under this Act in 

13 response to a request of the Chief Executive of an 

14 affected Indian tribal government for a major dis15 aster declaration, any reference in this title or title 

16 III (except sections 310 and 326) to a State or the 

17 Governor of a State is deemed to refer to an affected 

18 Indian tribal government or the Chief Executive of 

19 an affected Indian tribal government, as appro20 priate. 

21 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub22 section shall prohibit an Indian tribal government 

23 from receiving assistance under this title through a 

24 declaration made by the President at the request of 

25 a State under subsection (a) if the President does 


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1 not make a declaration under this subsection for the 

2 same incident. 

3 ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIB4 AL GOVERNMENTS.— 

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

6 an Indian tribal government under this title, the 

7 President may waive or adjust any payment of a 

8 non-Federal contribution with respect to the assist9 ance if— 

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

11 waive or adjust the payment under another pro12 vision of this title; and 

13 ‘‘(B) the President determines that the 

14 waiver or adjustment is necessary and appro15 priate. 

16 ‘‘(2) CRITERIA FOR MAKING DETERMINA17 TIONS.—The President shall establish criteria for 

18 making determinations under paragraph (1)(B).’’. 

19 (b) EMERGENCY REQUESTS.—Section 501 of the 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5191) is amended by adding at the 

22 end the following: 

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

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

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1 quest for a declaration by the President that an 

2 emergency exists consistent with the requirements of 

3 subsection (a). 

4 ‘‘(2) REFERENCES.—In implementing assist5 ance authorized by the President under this title in 

6 response to a request of the Chief Executive of an 

7 affected Indian tribal government for an emergency 

8 declaration, any reference in this title or title III 

9 (except sections 310 and 326) to a State or the Gov10 ernor of a State is deemed to refer to an affected 

11 Indian tribal government or the Chief Executive of 

12 an affected Indian tribal government, as appro13 priate. 

14 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub15 section shall prohibit an Indian tribal government 

16 from receiving assistance under this title through a 

17 declaration made by the President at the request of 

18 a State under subsection (a) if the President does 

19 not make a declaration under this subsection for the 

20 same incident.’’. 

21 (c) DEFINITIONS.—Section 102 of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5122) is amended— 


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1 (1) in paragraph (7)(B) by striking ‘‘; and’’ and 

2 inserting ‘‘, that is not an Indian tribal government 

3 as defined in paragraph (6); and’’; 

4 (2) by redesignating paragraphs (6) through 

5 (10) as paragraphs (7) through (11), respectively; 

6 (3) by inserting after paragraph (5) the fol7 lowing: 

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

9 ‘Indian tribal government’ means the governing body 

10 of any Indian or Alaska Native tribe, band, nation, 

11 pueblo, village, or community that the Secretary of 

12 the Interior acknowledges to exist as an Indian tribe 

13 under the Federally Recognized Indian Tribe List 

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

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

16 ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Ex17 ecutive’ means the person who is the Chief, Chair18 man, Governor, President, or similar executive offi19 cial of an Indian tribal government.’’. 

20 (d) REFERENCES.—Title I of the Robert T. Stafford 

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

22 5121 et seq.) is amended by adding after section 102 the 

23 following: 


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1 ‘‘SEC. 103. REFERENCES. 

2 ‘‘Except as otherwise specifically provided, any ref3 erence in this Act to ‘State and local’, ‘State or local’, 

4 ‘State, and local’, ‘State, or local’, or ‘State, local’ (includ5 ing plurals) with respect to governments or officials and 

6 any reference to a ‘local government’ in sections 406(d)(3) 

7 and 417 is deemed to refer also to Indian tribal govern8 ments and officials, as appropriate.’’. 

9 (e) REGULATIONS.— 

10 (1) ISSUANCE.—The President shall issue regu11 lations to carry out the amendments made by this 

12 section. 

13 (2) FACTORS.—In issuing the regulations, the 

14 President shall consider the unique conditions that 

15 affect the general welfare of Indian tribal govern16 ments. 

17 SEC. 1111. RECOMMENDATIONS FOR REDUCING COSTS OF 

18 FUTURE DISASTERS. 

19 (a) REPORT TO CONGRESS.—Not later than 180 days 

20 after the date of enactment of this division, the Adminis21 trator of the Federal Emergency Management Agency 

22 shall submit to Congress recommendations for the devel23 opment of a national strategy for reducing future costs, 

24 loss of life, and injuries associated with extreme disaster 

25 events in vulnerable areas of the United States. 


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1 (b) NATIONAL STRATEGY.—The national strategy 

2 should— 

3 (1) respect the constitutional role and respon4 sibilities of Federal, State, and local governments 

5 and the private sector; 

6 (2) consider the vulnerability of the United 

7 States to damage from flooding, severe weather 

8 events, and other hazards; 

9 (3) analyze gaps and duplication of emergency 

10 preparedness, response, recovery, and mitigation 

11 measures provided by Federal, State, and local enti12 ties; and 

13 (4) include recommendations on how to improve 

14 the resiliency of local communities and States for 

15 the purpose of lowering future costs of disaster re16 sponse and recovery. 

Passed the House of Representatives January 15, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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