Sandy Recovery Improvement Act - Pub L 113-2

PUBLIC LAW 113–2—JAN. 29, 2013

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

DISASTER RELIEF APPROPRIATIONS

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00001

Fmt 6579

Sfmt 6579

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 4

PUBLIC LAW 113–2—JAN. 29, 2013

Public Law 113–2
113th Congress
An Act
Jan. 29, 2013
[H.R. 152]

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

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

DIVISION A—DISASTER RELIEF APPROPRIATIONS ACT,
2013
TITLE I
DEPARTMENT OF AGRICULTURE
DOMESTIC FOOD PROGRAMS
FOOD

AND

NUTRITION SERVICE

COMMODITY ASSISTANCE PROGRAM

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 5

TITLE II
DEPARTMENT OF THE ARMY
CORPS

OF

ENGINEERS—CIVIL

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

INVESTIGATIONS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Study.

Reports.
Assessment.
Cost estimates.
Deadline.

Reports.
Deadline.

Reports.
Deadline.

Evaluation.
Recommendations.

Deadlines.
Reports.

PUBL002

127 STAT. 6

PUBLIC LAW 113–2—JAN. 29, 2013
CONSTRUCTION

Deadlines.
Reports.

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

Deadlines.
Reports.

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

Deadlines.
Reports.

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

SALARIES AND EXPENSES

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 7

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

Waiver authority.
Grants.

Deadlines.
Expenditure
plan.

OFFICE OF INSPECTOR GENERAL

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 8

PUBLIC LAW 113–2—JAN. 29, 2013
TITLE IV
DEPARTMENT OF HOMELAND SECURITY
COAST GUARD
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)

Submission.
Deadline.

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

Web posting.
Deadline.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Deadline.
Web posting.

Deadline.

VerDate Mar 15 2010

07:40 Feb 15, 2013

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

Jkt 029139

PO 00002

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 9

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

AND

Deadlines.
Effective date.
Web posting.
Cost estimate.

Deadline.
Effective date.
Web posting.
Reports.

TECHNOLOGY

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 10

PUBLIC LAW 113–2—JAN. 29, 2013
TITLE V
DEPARTMENT OF THE INTERIOR
FISH

WILDLIFE SERVICE

AND

CONSTRUCTION

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

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

SAFETY

OF

AND

ENVIRONMENTAL ENFORCEMENT

OIL SPILL RESEARCH

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

OF THE

SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(INCLUDING TRANSFERS OF FUNDS)

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 11

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

New York.
New Jersey.

Time period.
Notification.

Grants.
Contracts.

PUBL002

127 STAT. 12

PUBLIC LAW 113–2—JAN. 29, 2013
RELATED AGENCIES
SOCIAL SECURITY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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

Obligation
availability.

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 13

$6,000,000, to remain available until September 30, 2014: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
NATIONAL CEMETERY ADMINISTRATION
For an additional amount for ‘‘National Cemetery Administration’’ for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENTAL ADMINISTRATION
INFORMATION TECHNOLOGY SYSTEMS

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

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

Obligation
availability.
Expenditure
plan.

TITLE VIII
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(AIRPORT AND AIRWAY TRUST FUND)

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 14

PUBLIC LAW 113–2—JAN. 29, 2013
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL RAILROAD ADMINISTRATION
OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

For an additional amount for ‘‘Operating Subsidy Grants to
the National Railroad Passenger Corporation’’ for the Secretary
of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available
until expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL TRANSIT ADMINISTRATION
PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM
(INCLUDING TRANSFER OF FUNDS)

Deadline.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Memorandum.
Publication.
Regulations.

VerDate Mar 15 2010

07:40 Feb 15, 2013

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

Jkt 029139

PO 00002

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 15

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING

AND

DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(INCLUDING TRANSFER OF FUNDS)

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Deadline.
Grants.
Plans.
Criteria.

Notice.
Deadline.
Criteria.
Plans.
Determination.
Grants.
Certification.

Contracts.

PUBL002

127 STAT. 16
Public
information.
Web posting.
Grants.
Contracts.
Waiver authority.
Determination.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Federal Register,
publication.
Waiver.
Requirement.
Deadline.

VerDate Mar 15 2010

07:40 Feb 15, 2013

PUBLIC LAW 113–2—JAN. 29, 2013
requirements and penalties into any such contracts or agreements:
Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant
funds are used, including details of all contracts and ongoing
procurement processes: Provided further, That, in administering
the funds under this heading, the Secretary may waive, or specify
alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation
by the Secretary or the use of these funds by a grantee (except
for requirements related to fair housing, nondiscrimination, labor
standards, and the environment) upon a request by a grantee
explaining why such waiver is required to facilitate the use of
such funds and pursuant to a determination by the Secretary that
good cause exists for the waiver or alternative requirement and
that such action is not inconsistent with the overall purposes of
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) or this heading: Provided further, That,
notwithstanding the preceding proviso, recipients of funds provided
under this heading that use such funds to supplement Federal
assistance provided under section 402, 403, 404, 406, 407, or 502
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) may adopt, without review or public
comment, any environmental review, approval, or permit performed
by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review,
approval or permit under section 104(g)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(1)): Provided further, That, notwithstanding section 104(g)(2) of such Act
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request
for release of funds and certification, immediately approve the
release of funds for an activity or project assisted under this heading
if the recipient has adopted an environmental review, approval
or permit under the preceding proviso or the activity or project
is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further,
That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons
of low and moderate income to less than 50 percent, unless the
Secretary specifically finds that there is compelling need to further
reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any
statute or regulation no later than 5 days before the effective
date of such waiver or alternative requirement: Provided further,
That, of the funds made available under this heading, up to
$4,000,000 may be transferred to Program Office Salaries and
Expenses, Community Planning and Development for necessary
costs, including information technology costs, of administering and
overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading,
$4,000,000 shall be transferred to Office of the Inspector General
for necessary costs of overseeing and auditing funds made available
under this heading: Provided further, That funds provided under
this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Jkt 029139

PO 00002

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013
ADMINISTRATIVE PROVISION—DEPARTMENT
DEVELOPMENT

OF

HOUSING

127 STAT. 17
AND

URBAN

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

GENERAL PROVISIONS—THIS DIVISION
SEC. 901. Each amount appropriated or made available in this
division is in addition to amounts otherwise appropriated for the
fiscal year involved.
SEC. 902. Each amount designated in this division by the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently
so designates all such amounts and transmits such designations
to the Congress.
SEC. 903. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 904. (a)(1) Not later than March 31, 2013, in accordance
with criteria to be established by the Director of the Office of
Management and Budget (referred to in this section as ‘‘OMB’’),
each Federal agency shall submit to OMB, the Government Accountability Office, the respective Inspector General of each agency,
and the Committees on Appropriations of the House of Representatives and the Senate internal control plans for funds provided
by this division.
(2) Not later than June 30, 2013, the Government Accountability Office shall review for the Committees on Appropriations
of the House of Representatives and the Senate the design of
the internal control plans required by paragraph (1).
(b) All programs and activities receiving funds under this division shall be deemed to be ‘‘susceptible to significant improper
payments’’ for purposes of the Improper Payments Information Act
of 2002 (31 U.S.C. 3321 note), notwithstanding section 2(a) of such
Act.
(c) Funds for grants provided by this division shall be expended
by the grantees within the 24-month period following the agency’s
obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives
this requirement for a particular grant program and submits a
written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the
case of such grants, the agency shall include a term in the grant
that requires the grantee to return to the agency any funds not
expended within the 24-month period.

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

President.
Designations.

Obligation
availability.
Deadlines.
Criteria.
Plans.

Review.

Grants.
Time period.
Guidance.
Waiver authority.
Submission.

PUBL002

127 STAT. 18
Time period.

Deadline.
Reports.

PUBLIC LAW 113–2—JAN. 29, 2013
(d) Through September 30, 2015, the Recovery Accountability
and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate
waste, fraud, and abuse in the obligation and expenditure of funds
appropriated in this or any other Act for any fiscal year of such
period for purposes related to the impact of Hurricane Sandy:
Provided, That the Board shall coordinate its oversight efforts with
the Director of OMB, the head of each Federal agency receiving
appropriations related to the impact of Hurricane Sandy, and the
respective Inspector General of each such agency: Provided further,
That the Board shall submit quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate
on its activities related to funds appropriated for the impact of
Hurricane Sandy.
TITLE X
ADDITIONAL DISASTER ASSISTANCE
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE

OF THE

SECRETARY

EMERGENCY CONSERVATION ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 19

CHAPTER 2
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, $290,000,000 (reduced by $150,000,000) to remain available
until September 30, 2014, as follows:
(1) $50,000,000 for mapping, charting, geodesy services
and marine debris surveys for coastal States impacted by Hurricane Sandy;
(2) $7,000,000 to repair and replace ocean observing and
coastal monitoring assets damaged by Hurricane Sandy;
(3) $3,000,000 to provide technical assistance to support
State assessments of coastal impacts of Hurricane Sandy;
(4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites;
(5) $50,000,000 for laboratories and cooperative institutes
research activities associated with sustained observations
weather research programs, and ocean and coastal research;
and
(6) $5,000,000 for necessary expenses related to fishery
disasters during calendar year 2012 that were declared by
the Secretary of Commerce as a direct result of impacts from
Hurricane Sandy:
Provided, That the National Oceanic and Atmospheric Administration shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45
days after the date of enactment of this division: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.

Spending plan.
Deadline.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ‘‘Procurement, Acquisition and
Construction’’, $186,000,000, to remain available until September
30, 2015, as follows:
(1) $9,000,000 to repair National Oceanic and Atmospheric
Administration (NOAA) facilities damaged by Hurricane Sandy;
(2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft;
(3) $8,500,000 for improvements to weather forecasting
equipment and supercomputer infrastructure;
(4) $13,000,000 to accelerate the National Weather Service
ground readiness project; and
(5) $111,000,000 for a weather satellite data mitigation
gap reserve fund:
Provided, That NOAA shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this division:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Spending plan.
Deadline.

PUBL002

127 STAT. 20

PUBLIC LAW 113–2—JAN. 29, 2013
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF JUSTICE
FEDERAL BUREAU

OF INVESTIGATION

SALARIES AND EXPENSES

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

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

OF

ALCOHOL, TOBACCO, FIREARMS

AND

EXPLOSIVES

SALARIES AND EXPENSES

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

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

AND

SPACE ADMINISTRATION

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 21

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

For an additional amount for ‘‘Payment to the Legal Services
Corporation’’ to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the
consequences of Hurricane Sandy, $1,000,000: Provided, That the
amount made available under this heading shall be used only
to provide the mobile resources, technology, and disaster coordinators necessary to provide storm-related services to the Legal Services Corporation client population and only in the areas significantly
affected by Hurricane Sandy: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That
none of the funds appropriated in this division to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this division to the Legal Services Corporation
shall be subject to the same terms and conditions set forth in
such sections, except that all references in sections 502 and 503
to 1997 and 1998 shall be deemed to refer instead to 2012 and
2013, respectively, and except that sections 501 and 503 of Public
Law 104–134 (referenced by Public Law 105–119) shall not apply
to the amount made available under this heading: Provided further,
That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government.
CHAPTER 3
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

OPERATION

AND

MAINTENANCE, ARMY

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 22

PUBLIC LAW 113–2—JAN. 29, 2013
OPERATION

AND

MAINTENANCE, NAVY

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

AND

MAINTENANCE, AIR FORCE

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

AND

MAINTENANCE, ARMY NATIONAL GUARD

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

AND

MAINTENANCE, AIR NATIONAL GUARD

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

OF

AMMUNITION, ARMY

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$24,200,000, to remain available until September 30, 2013, for
necessary expenses related to the consequences of Hurricane Sandy:

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00020

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 23

Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
CHAPTER 4
DEPARTMENT OF THE ARMY
CORPS

OF

ENGINEERS—CIVIL

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

INVESTIGATIONS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00021

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Study.

Reports.
Assessment.
Cost estimate.
Deadline.

Reports.
Cost estimates.
Deadline.

Reports.
Deadline.

Evaluation.
Determination.
Recommendations.
Reports.
Deadline.

PUBL002

127 STAT. 24

PUBLIC LAW 113–2—JAN. 29, 2013
That the amounts in this paragraph are designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary
of the Army for Civil Works shall provide a monthly report to
the Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
division.

Deadlines.
Reports.

CONSTRUCTION

Time period.
Reports.
Deadlines.

Determination.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Time period.

VerDate Mar 15 2010

07:40 Feb 15, 2013

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

Jkt 029139

PO 00002

Frm 00022

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 25

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

Contracts.

Deadlines.
Reports.

OPERATION AND MAINTENANCE

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

Deadlines.
Reports.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

FLOOD CONTROL AND COASTAL EMERGENCIES

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00023

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Time period.
Reports.
Deadlines.

Deadlines.
Reports.

PUBL002

127 STAT. 26

PUBLIC LAW 113–2—JAN. 29, 2013
and the Senate detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
division.
EXPENSES

Deadlines.
Reports.

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

Applicability.

SEC. 1041. This chapter shall apply in place of title II of
this division, and such title shall have no force or effect.
CHAPTER 5
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND

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

Applicability.

The provisions under this heading in title III of this division
shall be applied by substituting ‘‘$20,000,000’’ for ‘‘$10,000,000’’.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

OFFICE OF INSPECTOR GENERAL

Applicability.

VerDate Mar 15 2010

07:40 Feb 15, 2013

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

Jkt 029139

PO 00002

Frm 00024

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 27

provisions under this heading in title III of this division, and
such previous provisions shall have no force or effect.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

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

Applicability.

CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES CUSTOMS

AND

BORDER PROTECTION

SALARIES AND EXPENSES

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

AND

Submission.
Deadline.

CUSTOMS ENFORCEMENT

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

SALARIES AND EXPENSES

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00025

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Submission.
Deadline.

PUBL002

127 STAT. 28

PUBLIC LAW 113–2—JAN. 29, 2013
to be replaced, with associated costs, shall be submitted to the
Committees on Appropriations of the House of Representatives and
the Senate no later than 90 days after the date of enactment
of this division.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

Submission.
Deadline.

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

Applicability.

The provisions under this heading in title IV of this division
shall be applied by substituting ‘‘$274,233,000’’ for ‘‘$143,899,000’’.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF FUND

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(INCLUDING TRANSFER OF FUNDS)

Web posting.
Deadline.
Grants.

VerDate Mar 15 2010

07:40 Feb 15, 2013

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

Jkt 029139

PO 00002

Frm 00026

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 29

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

Deadline.
Web posting.

Deadline.
Cost estimate.

Deadlines.
Effective date.
Web posting.
Cost estimate.

Deadline.
Effective date.
Web posting.
Reports.
Applicability.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

AND

TECHNOLOGY

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Applicability.

PUBL002

127 STAT. 30

PUBLIC LAW 113–2—JAN. 29, 2013
CHAPTER 7
DEPARTMENT OF THE INTERIOR
FISH

AND

WILDLIFE SERVICE

CONSTRUCTION

Applicability.

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

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

Applicability.

The provisions under this heading in title V of this division
shall be applied by substituting ‘‘$348,000,000’’ for ‘‘$234,000,000’’.
DEPARTMENTAL OPERATIONS
OFFICE OF THE SECRETARY

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(INCLUDING TRANSFERS OF FUNDS)

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00028

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 31

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

Spending plan.
Deadline.

ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS

AND

MANAGEMENT

For an additional amount for ‘‘Environmental Programs and
Management’’ for necessary expenses related to the consequences
of Hurricane Sandy, $725,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
HAZARDOUS SUBSTANCE SUPERFUND
For an additional amount for ‘‘Hazardous Substance Superfund’’
for necessary expenses related to the consequences of Hurricane
Sandy, $2,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
LEAKING UNDERGROUND STORAGE TANK FUND
For an additional amount for ‘‘Leaking Underground Storage
Tank Fund’’ for necessary expenses related to the consequences
of Hurricane Sandy, $5,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

STATE

AND

TRIBAL ASSISTANCE GRANTS

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00029

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 32

PUBLIC LAW 113–2—JAN. 29, 2013
additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That the funds appropriated herein
shall only be used for eligible projects whose purpose is to reduce
flood damage risk and vulnerability or to enhance resiliency to
rapid hydrologic change or a natural disaster at treatment works
as defined by section 212 of the Federal Water Pollution Control
Act or any eligible facilities under section 1452 of the Safe Drinking
Water Act, and for other eligible tasks at such treatment works
or facilities necessary to further such purposes: Provided further,
That the Administrator of the Environmental Protection Agency
may retain up to $1,000,000 of the funds appropriated herein for
management and oversight: Provided further, That such amounts
are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
CAPITAL IMPROVEMENT AND MAINTENANCE

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

For an additional amount for ‘‘Salaries and Expenses’’ for necessary expenses related to the consequences of Hurricane Sandy,
$2,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
CHAPTER 8
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

TRAINING AND EMPLOYMENT SERVICES
(INCLUDING TRANSFERS OF FUNDS)

Time period.

VerDate Mar 15 2010

07:40 Feb 15, 2013

For an additional amount for ‘‘Training and Employment Services’’, $25,000,000, for the dislocated workers assistance national

Jkt 029139

PO 00002

Frm 00030

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 33

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

OF THE

SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(INCLUDING TRANSFERS OF FUNDS)

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00031

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Applicability.

PUBL002

127 STAT. 34

Time period.
Notification.

Grants.
Contracts.

Applicability.

PUBLIC LAW 113–2—JAN. 29, 2013
Provided further, That the remaining $195,000,000 appropriated
in this paragraph may be transferred by the Secretary of HHS
(‘‘Secretary’’) to accounts within HHS, and shall be available only
for the purposes provided in this paragraph: Provided further, That
the transfer authority provided in this paragraph is in addition
to any other transfer authority available in this or any other Act:
Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees
on Appropriations of the House of Representatives and the Senate
of any such transfer and the planned uses of the funds: Provided
further, That obligations incurred for the purposes provided herein
prior to the date of enactment of this division may be charged
to funds appropriated by this paragraph: Provided further, That
funds appropriated in this paragraph and transferred to the
National Institutes of Health for the purpose of supporting the
repair or rebuilding of non-Federal biomedical or behavioral
research facilities damaged as a result of Hurricane Sandy shall
be used to award grants or contracts for such purpose under section
404I of the Public Health Service Act: Provided further, That section
481A(c)(2) of such Act does not apply to the use of funds described
in the preceding proviso: Provided further, That funds appropriated
in this paragraph shall not be available for costs that are
reimbursed by the Federal Emergency Management Agency, under
a contract for insurance, or by self-insurance: Provided further,
That such amounts are designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That this paragraph shall apply in place of the
previous provisions under this heading in title VI of this division,
and such previous provisions shall have no force or effect.
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

EMERGENCY RELIEF PROGRAM

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00032

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 35

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

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

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

(INCLUDING TRANSFER OF FUNDS)

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00033

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 36
Deadline.
Memorandum.
Publication.
Regulations.

Notification.
Time period.

PUBLIC LAW 113–2—JAN. 29, 2013
Provided, That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division:
Provided further, That the remainder of the funds shall be made
available only after the Federal Transit Administration and the
Federal Emergency Management Agency sign the Memorandum
of Agreement required by section 20017(b) of the Moving Ahead
for Progress in the 21st Century Act (Public Law 112–141) and
the Federal Transit Administration publishes interim regulations
for the Public Transportation Emergency Relief Program: Provided
further, That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the
appropriate agencies to fund programs authorized under titles 23
and 49, United States Code, in order to carry out projects related
to reducing risk of damage from future disasters in areas impacted
by Hurricane Sandy: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
shall be notified at least 15 days in advance of any such transfer:
Provided further, That up to three-quarters of 1 percent of the
funds retained for public transportation emergency relief shall be
available for the purposes of administrative expenses and ongoing
program management oversight as authorized under 49 U.S.C. 5334
and 5338(i)(2) and shall be in addition to any other appropriations
for such purposes: Provided further, That, of the funds made available under this heading, $6,000,000 shall be transferred to the
Office of Inspector General to support the oversight of activities
funded under this heading: Provided further, That such amounts
are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING

AND

DEVELOPMENT

COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)

Grants.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Grants.
Deadline.
Plans.
Criteria.

VerDate Mar 15 2010

07:40 Feb 15, 2013

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

Jkt 029139

PO 00002

Frm 00034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 37

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00035

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Notice.
Deadline.
Determination.

Grants.

Grants.
Certification.

Contracts.

Public
information.
Web posting.
Grants.
Contracts.
Waiver authority.

PUBL002

127 STAT. 38

Federal Register,
publication.
Waiver.
Deadline.

PUBLIC LAW 113–2—JAN. 29, 2013
of funds and certification, immediately approve the release of funds
for an activity or project assisted under this heading if the recipient
has adopted an environmental review, approval or permit under
the preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That a
waiver granted by the Secretary may not reduce the percentage
of funds that must be used for activities that benefit persons of
low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further
reduce or eliminate the percentage requirement: Provided further,
That the Secretary shall publish in the Federal Register any waiver
of any statute or regulation that the Secretary administers pursuant
to title I of the Housing and Community Development Act of 1974
no later than 5 days before the effective date of such waiver:
Provided further, That, of the funds made available under this
heading, up to $10,000,000 may be transferred to ‘‘Program Office
Salaries and Expenses, Community Planning and Development’’
for necessary costs, including information technology costs, of
administering and overseeing funds made available under this
heading: Provided further, That of the funds made available under
this heading, $10,000,000 shall be transferred to ‘‘Office of the
Inspector General’’ for necessary costs of overseeing and auditing
funds made available under this heading: Provided further, That
the amounts provided under this heading are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS CHAPTER

Deadlines.
Plan.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Grants.
Notification.
Time period.

VerDate Mar 15 2010

07:40 Feb 15, 2013

SEC. 1091. For fiscal year 2013, upon request by a public
housing agency and supported by documentation as required by
the Secretary of Housing and Urban Development that demonstrates that the need for the adjustment is due to the disaster,
the Secretary may make temporary adjustments to the section
8 housing choice voucher annual renewal funding allocations and
administrative fee eligibility determinations for public housing
agencies in an area for which the President declared a disaster
during such fiscal year under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.), to avoid significant adverse funding impacts that would
otherwise result from the disaster.
SEC. 1092. The Departments of Transportation and Housing
and Urban Development shall submit to the Committees on Appropriations of the House of Representatives and the Senate within
45 days after the date of the enactment of this division a plan
for implementing the provisions in this chapter, and updates to
such plan on a biannual basis thereafter.
SEC. 1093. None of the funds provided in this chapter to the
Department of Transportation or the Department of Housing and
Urban Development may be used to make a grant unless the
Secretary of such Department notifies the Committees on Appropriations of the House of Representatives and the Senate not less
than 3 full business days before any project, State or locality is
selected to receive a grant award totaling $1,000,000 or more is
announced by either Department or a modal administration.

Jkt 029139

PO 00002

Frm 00036

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 39

SEC. 1094. This chapter shall apply in place of title VIII of
this division, and such title shall have no force or effect.
SEC. 1095. The amounts otherwise provided by this division
are revised by reducing the amount made available for ‘‘Small
Business Administration—Disaster Loans Program Account’’ for
administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act (and within
such amount, the amount made available for direct administrative
expenses of loan making and servicing to carry out such program),
and increasing the amount made available for ‘‘Department of Veterans Affairs—National Cemetery Administration’’, by $1,000,000.
SEC. 1096. None of the funds provided in this division shall
be used for land acquisition by the Secretary of the Interior or
the Secretary of Agriculture.
This division may be cited as the ‘‘Disaster Relief Appropriations Act, 2013’’.

DIVISION B—SANDY RECOVERY
IMPROVEMENT ACT OF 2013

Applicability.

Sandy Recovery
Improvement Act
of 2013.

SEC. 1101. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Sandy
Recovery Improvement Act of 2013’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

42 USC 5121
note.

1101.
1102.
1103.
1104.
1105.
1106.
1107.
1108.
1109.
1110.

Short title; table of contents.
Public assistance program alternative procedures.
Federal assistance to individuals and households.
Hazard mitigation.
Dispute resolution pilot program.
Unified Federal review.
Simplified procedures.
Essential assistance.
Individual assistance factors.
Tribal requests for a major disaster or emergency declaration under the
Stafford Act.
Sec. 1111. Recommendations for reducing costs of future disasters.
SEC. 1102. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended—
(1) by redesignating the second section 425 (relating to
essential service providers) as section 427; and
(2) by adding at the end the following:

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

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

42 USC 5189e.
42 USC 5189f.

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00037

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

127 STAT. 40

PUBLIC LAW 113–2—JAN. 29, 2013
‘‘(b) ADOPTION.—The Administrator, in coordination with
States, tribal and local governments, and owners or operators of
private nonprofit facilities, may adopt alternative procedures to
administer assistance provided under sections 403(a)(3)(A), 406,
407, and 502(a)(5).
‘‘(c) GOALS OF PROCEDURES.—The alternative procedures
adopted under subsection (a) shall further the goals of—
‘‘(1) reducing the costs to the Federal Government of providing such assistance;
‘‘(2) increasing flexibility in the administration of such
assistance;
‘‘(3) expediting the provision of such assistance to a State,
tribal or local government, or owner or operator of a private
nonprofit facility; and
‘‘(4) providing financial incentives and disincentives for a
State, tribal or local government, or owner or operator of a
private nonprofit facility for the timely and cost-effective
completion of projects with such assistance.
‘‘(d) PARTICIPATION.—Participation in the alternative procedures
adopted under this section shall be at the election of a State,
tribal or local government, or owner or operator of a private nonprofit facility consistent with procedures determined by the
Administrator.
‘‘(e) MINIMUM PROCEDURES.—The alternative procedures
adopted under this section shall include the following:
‘‘(1) For repair, restoration, and replacement of damaged
facilities under section 406—
‘‘(A) making grants on the basis of fixed estimates,
if the State, tribal or local government, or owner or operator
of the private nonprofit facility agrees to be responsible
for any actual costs that exceed the estimate;
‘‘(B) providing an option for a State, tribal or local
government, or owner or operator of a private nonprofit
facility to elect to receive an in-lieu contribution, without
reduction, on the basis of estimates of—
‘‘(i) the cost of repair, restoration, reconstruction,
or replacement of a public facility owned or controlled
by the State, tribal or local government or owner or
operator of a private nonprofit facility; and
‘‘(ii) management expenses;
‘‘(C) consolidating, to the extent determined appropriate by the Administrator, the facilities of a State, tribal
or local government, or owner or operator of a private
nonprofit facility as a single project based upon the estimates adopted under the procedures;
‘‘(D) if the actual costs of a project completed under
the procedures are less than the estimated costs thereof,
the Administrator may permit a grantee or subgrantee
to use all or part of the excess funds for—
‘‘(i) cost-effective activities that reduce the risk
of future damage, hardship, or suffering from a major
disaster; and
‘‘(ii) other activities to improve future Public
Assistance operations or planning;
‘‘(E) in determining eligible costs under section 406,
the Administrator shall make available, at an applicant’s
request and where the Administrator or the certified cost

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00038

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 41

estimate prepared by the applicant’s professionally licensed
engineers has estimated an eligible Federal share for a
project of at least $5,000,000, an independent expert panel
to validate the estimated eligible cost consistent with
applicable regulations and policies implementing this section; and
‘‘(F) in determining eligible costs under section 406,
the Administrator shall, at the applicant’s request, consider
properly conducted and certified cost estimates prepared
by professionally licensed engineers (mutually agreed upon
by the Administrator and the applicant), to the extent
that such estimates comply with applicable regulations,
policy, and guidance.
‘‘(2) For debris removal under sections 403(a)(3)(A), 407,
and 502(a)(5)—
‘‘(A) making grants on the basis of fixed estimates
to provide financial incentives and disincentives for the
timely or cost-effective completion if the State, tribal or
local government, or owner or operator of the private nonprofit facility agrees to be responsible to pay for any actual
costs that exceed the estimate;
‘‘(B) using a sliding scale for determining the Federal
share for removal of debris and wreckage based on the
time it takes to complete debris and wreckage removal;
‘‘(C) allowing use of program income from recycled
debris without offset to the grant amount;
‘‘(D) reimbursing base and overtime wages for
employees and extra hires of a State, tribal or local government, or owner or operator of a private nonprofit facility
performing or administering debris and wreckage removal;
‘‘(E) providing incentives to a State or tribal or local
government to have a debris management plan approved
by the Administrator and have pre-qualified 1 or more
debris and wreckage removal contractors before the date
of declaration of the major disaster; and
‘‘(F) if the actual costs of projects under subparagraph
(A) are less than the estimated costs of the project, the
Administrator may permit a grantee or subgrantee to use
all or part of the excess funds for—
‘‘(i) debris management planning;
‘‘(ii) acquisition of debris management equipment
for current or future use; and
‘‘(iii) other activities to improve future debris
removal operations, as determined by the Administrator.
‘‘(f) WAIVER AUTHORITY.—Until such time as the Administrator
promulgates regulations to implement this section, the Administrator may—
‘‘(1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously
implement this section; and
‘‘(2) carry out the alternative procedures under this section
as a pilot program.
‘‘(g) OVERTIME PAYMENTS.—The guidelines for reimbursement
for costs under subsection (e)(2)(D) shall ensure that no State
or local government is denied reimbursement for overtime payments

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00039

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

Determination.

Guidelines.

PUBL002

127 STAT. 42

PUBLIC LAW 113–2—JAN. 29, 2013
that are required pursuant to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
‘‘(h) REPORT.—
‘‘(1) IN GENERAL.—Not earlier than 3 years, and not later
than 5 years, after the date of enactment of this section, the
Inspector General of the Department of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on the alternative procedures for the repair,
restoration, and replacement of damaged facilities under section
406 authorized under this section.
‘‘(2) CONTENTS.—The report shall contain an assessment
of the effectiveness of the alternative procedures, including—
‘‘(A) whether the alternative procedures helped to
improve the general speed of disaster recovery;
‘‘(B) the accuracy of the estimates relied upon;
‘‘(C) whether the financial incentives and disincentives
were effective;
‘‘(D) whether the alternative procedures were cost effective;
‘‘(E) whether the independent expert panel described
in subsection (e)(1)(E) was effective; and
‘‘(F) recommendations for whether the alternative
procedures should be continued and any recommendations
for changes to the alternative procedures.’’.
SEC. 1103. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

President.
Determination.

VerDate Mar 15 2010

07:40 Feb 15, 2013

Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is
amended—
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively;
(2) by inserting after clause (i) the following:
‘‘(ii) LEASE AND REPAIR OF RENTAL UNITS FOR TEMPORARY HOUSING.—
‘‘(I) IN GENERAL.—The President, to the extent
the President determines it would be a cost-effective alternative to other temporary housing
options, may—
‘‘(aa) enter into lease agreements with
owners of multifamily rental property located
in areas covered by a major disaster declaration to house individuals and households
eligible for assistance under this section; and
‘‘(bb) make repairs or improvements to
properties under such lease agreements, to the
extent necessary to serve as safe and adequate
temporary housing.
‘‘(II) IMPROVEMENTS OR REPAIRS.—Under the
terms of any lease agreement for property entered
into under this subsection, the value of the
improvements or repairs—
‘‘(aa) shall be deducted from the value
of the lease agreement; and
‘‘(bb) may not exceed the value of the lease
agreement.’’; and

Jkt 029139

PO 00002

Frm 00040

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 43

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

(a) STREAMLINED PROCEDURES; ADVANCE ASSISTANCE.—Section
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
‘‘(d) STREAMLINED PROCEDURES.—
‘‘(1) IN GENERAL.—For the purpose of providing assistance
under this section, the President shall ensure that—
‘‘(A) adequate resources are devoted to ensure that
applicable environmental reviews under the National
Environmental Policy Act of 1969 and historic preservation
reviews under the National Historic Preservation Act are
completed on an expeditious basis; and
‘‘(B) the shortest existing applicable process under the
National Environmental Policy Act of 1969 and the
National Historic Preservation Act is utilized.
‘‘(2) AUTHORITY FOR OTHER EXPEDITED PROCEDURES.—The
President may utilize expedited procedures in addition to those
required under paragraph (1) for the purpose of providing
assistance under this section, such as procedures under the
Prototype Programmatic Agreement of the Federal Emergency
Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness
and fulfillment of cost-share requirements for proposed hazard
mitigation measures.
‘‘(e) ADVANCE ASSISTANCE.—The President may provide not
more than 25 percent of the amount of the estimated cost of hazard
mitigation measures to a State grantee eligible for a grant under
this section before eligible costs are incurred.’’.
(b) ESTABLISHMENT OF CRITERIA RELATING TO ADMINISTRATION
OF HAZARD MITIGATION ASSISTANCE BY STATES.—Section 404(c)(2)
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c(c)(2)) is amended by inserting after ‘‘applications submitted under paragraph (1).’’ the following: ‘‘Until such
time as the Administrator promulgates regulations to implement
this paragraph, the Administrator may waive notice and comment
rulemaking, if the Administrator determines doing so is necessary
to expeditiously implement this section, and may carry out this
section as a pilot program.’’.
(c) APPLICABILITY.—The authority under the amendments made
by this section shall apply to—
(1) any major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) on or after the date of enactment
of this division; and
(2) a major disaster or emergency declared under that
Act before the date of enactment of this division for which
the period for processing requests for assistance has not ended
as of the date of enactment of this division.

President.

Regulations.
Waiver authority.
Determination.

42 USC 5170c
note.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00041

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

42 USC 5189a
note.

PUBL002

127 STAT. 44

(2) ELIGIBLE ASSISTANCE.—The term ‘‘eligible assistance’’
means assistance—
(A) under section 403, 406, or 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173);
(B) for which the legitimate amount in dispute is not
less than $1,000,000, which sum the Administrator shall
adjust annually to reflect changes in the Consumer Price
Index for all Urban Consumers published by the Department of Labor;
(C) for which the applicant has a non-Federal share;
and
(D) for which the applicant has received a decision
on a first appeal.
(b) PROCEDURES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, and in order to facilitate an efficient recovery from major disasters, the Administrator shall
establish procedures under which an applicant may request
the use of alternative dispute resolution, including arbitration
by an independent review panel, to resolve disputes relating
to eligible assistance.
(2) BINDING EFFECT.—A decision by an independent review
panel under this section shall be binding upon the parties
to the dispute.
(3) CONSIDERATIONS.—The procedures established under
this section shall—
(A) allow a party of a dispute relating to eligible assistance to request an independent review panel for the review;
(B) require a party requesting an independent review
panel as described in subparagraph (A) to agree to forgo
rights to any further appeal of the dispute relating to
any eligible assistance;
(C) require that the sponsor of an independent review
panel for any alternative dispute resolution under this
section be—
(i) an individual or entity unaffiliated with the
dispute (which may include a Federal agency, an
administrative law judge, or a reemployed annuitant
who was an employee of the Federal Government)
selected by the Administrator; and
(ii) responsible for identifying and maintaining an
adequate number of independent experts qualified to
review and resolve disputes under this section;
(D) require an independent review panel to—
(i) resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency
interpretations of those laws through its published policies and guidance;
(ii) consider only evidence contained in the
administrative record, as it existed at the time at which
the Agency made its initial decision;
(iii) only set aside a decision of the Agency found
to be arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law; and
(iv) in the case of a finding of material fact adverse
to the claimant made on first appeal, only set aside

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Deadline.

VerDate Mar 15 2010

07:40 Feb 15, 2013

PUBLIC LAW 113–2—JAN. 29, 2013

Jkt 029139

PO 00002

Frm 00042

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 45

or reverse such finding if the finding is clearly erroneous;
(E) require an independent review panel to expeditiously issue a written decision for any alternative dispute
resolution under this section; and
(F) direct that if an independent review panel for any
alternative dispute resolution under this section determines
that the basis upon which a party submits a request for
alternative dispute resolution is frivolous, the independent
review panel shall direct the party to pay the reasonable
costs to the Federal Emergency Management Agency
relating to the review by the independent review panel.
Any funds received by the Federal Emergency Management
Agency under the authority of this section shall be deposited to the credit of the appropriation or appropriations
available for the eligible assistance in dispute on the date
on which the funds are received.
(c) SUNSET.—A request for review by an independent review
panel under this section may not be made after December 31,
2015.
(d) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the termination of authority under this section under subsection (c),
the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
analyzing the effectiveness of the program under this section.
(2) CONTENTS.—The report submitted under paragraph (1)
shall include—
(A) a determination of the availability of data required
to complete the report;
(B) an assessment of the effectiveness of the program
under this section, including an assessment of whether
the program expedited or delayed the disaster recovery
process;
(C) an assessment of whether the program increased
or decreased costs to administer section 403, 406, or 407
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act;
(D) an assessment of the procedures and safeguards
that the independent review panels established to ensure
objectivity and accuracy, and the extent to which they
followed those procedures and safeguards;
(E) a recommendation as to whether any aspect of
the program under this section should be made a permanent authority; and
(F) recommendations for any modifications to the
authority or the administration of the authority under this
section in order to improve the disaster recovery process.
dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

SEC. 1106. UNIFIED FEDERAL REVIEW.

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00043

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 46

PUBLIC LAW 113–2—JAN. 29, 2013

42 USC 5189g.

‘‘SEC. 429. UNIFIED FEDERAL REVIEW.

Deadline.
Consultation.
President.

‘‘(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, and in consultation with the Council
on Environmental Quality and the Advisory Council on Historic
Preservation, the President shall establish an expedited and unified
interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to
disaster recovery projects, in order to expedite the recovery process,
consistent with applicable law.
‘‘(b) CONTENTS.—The review process established under this section shall include mechanisms to expeditiously address delays that
may occur during the recovery from a major disaster and be
updated, as appropriate, consistent with applicable law.’’.
SEC. 1107. SIMPLIFIED PROCEDURES.

President.

Analysis.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Deadlines.

VerDate Mar 15 2010

07:40 Feb 15, 2013

Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is amended—
(1) by striking ‘‘If the Federal estimate’’ and inserting ‘‘(a)
IN GENERAL.—If the Federal estimate’’;
(2) by inserting ‘‘(or, if the Administrator has established
a threshold under subsection (b), the amount established under
subsection (b))’’ after ‘‘$35,000’’ the first place it appears;
(3) by inserting ‘‘or, if applicable, the amount established
under subsection (b),’’ after ‘‘$35,000 amount’’ the second place
it appears; and
(4) by adding at the end the following:
‘‘(b) THRESHOLD.—
‘‘(1) REPORT.—Not later than 1 year after the date of enactment of this subsection, the President, acting through the
Administrator of the Federal Emergency Management Agency
(in this section referred to as the ‘Administrator’), shall—
‘‘(A) complete an analysis to determine whether an
increase in the threshold for eligibility under subsection
(a) is appropriate, which shall include consideration of costeffectiveness, speed of recovery, capacity of grantees, past
performance, and accountability measures; and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate a report regarding the analysis conducted under subparagraph (A).
‘‘(2) AMOUNT.—After the Administrator submits the report
required under paragraph (1), the President shall direct the
Administrator to—
‘‘(A) immediately establish a threshold for eligibility
under this section in an appropriate amount, without
regard to chapter 5 of title 5, United States Code; and
‘‘(B) adjust the threshold annually to reflect changes
in the Consumer Price Index for all Urban Consumers
published by the Department of Labor.
‘‘(3) REVIEW.—Not later than 3 years after the date on
which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting
through the Administrator, shall review the threshold for eligibility under this section.’’.

Jkt 029139

PO 00002

Frm 00044

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 47

SEC. 1108. ESSENTIAL ASSISTANCE.

(a) OTHER NEEDS ASSISTANCE.—Section 408(e)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(e)(1)) is amended—
(1) in the paragraph heading by inserting ‘‘CHILD CARE,’’
after ‘‘DENTAL,’’; and
(2) by inserting ‘‘child care,’’ after ‘‘dental,’’.
(b) SALARIES AND BENEFITS.—Section 403 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b) is amended by adding at the end the following:
‘‘(d) SALARIES AND BENEFITS.—
‘‘(1) IN GENERAL.—If the President declares a major disaster
or emergency for an area within the jurisdiction of a State,
tribal, or local government, the President may reimburse the
State, tribal, or local government for costs relating to—
‘‘(A) basic pay and benefits for permanent employees
of the State, tribal, or local government conducting emergency protective measures under this section, if—
‘‘(i) the work is not typically performed by the
employees; and
‘‘(ii) the type of work may otherwise be carried
out by contract or agreement with private organizations, firms, or individuals.; or
‘‘(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local government conducting emergency protective measures under this
section.
‘‘(2) OVERTIME.—The guidelines for reimbursement for costs
under paragraph (1) shall ensure that no State, tribal, or local
government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.).
‘‘(3) NO EFFECT ON MUTUAL AID PACTS.—Nothing in this
subsection shall affect the ability of the President to reimburse
labor force expenses provided pursuant to an authorized mutual
aid pact.’’.
SEC. 1109. INDIVIDUAL ASSISTANCE FACTORS.

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

Guidelines.

Deadline.
Review.
Regulations.
42 USC 5170
note.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY
DECLARATION UNDER THE STAFFORD ACT.

(a) MAJOR DISASTER REQUESTS.—Section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) is amended—

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00045

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 48

President.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Waiver authority.

VerDate Mar 15 2010

07:40 Feb 15, 2013

PUBLIC LAW 113–2—JAN. 29, 2013
(1) by striking ‘‘All requests for a declaration’’ and inserting
‘‘(a) IN GENERAL.—All requests for a declaration’’; and
(2) by adding at the end the following:
‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.—
‘‘(1) IN GENERAL.—The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by
the President that a major disaster exists consistent with the
requirements of subsection (a).
‘‘(2) REFERENCES.—In implementing assistance authorized
by the President under this Act in response to a request of
the Chief Executive of an affected Indian tribal government
for a major disaster declaration, any reference in this title
or title III (except sections 310 and 326) to a State or the
Governor of a State is deemed to refer to an affected Indian
tribal government or the Chief Executive of an affected Indian
tribal government, as appropriate.
‘‘(3) SAVINGS PROVISION.—Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the
same incident.
‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL GOVERNMENTS.—
‘‘(1) IN GENERAL.—In providing assistance to an Indian
tribal government under this title, the President may waive
or adjust any payment of a non-Federal contribution with
respect to the assistance if—
‘‘(A) the President has the authority to waive or adjust
the payment under another provision of this title; and
‘‘(B) the President determines that the waiver or
adjustment is necessary and appropriate.
‘‘(2) CRITERIA FOR MAKING DETERMINATIONS.—The President shall establish criteria for making determinations under
paragraph (1)(B).’’.
(b) EMERGENCY REQUESTS.—Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191)
is amended by adding at the end the following:
‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.—
‘‘(1) IN GENERAL.—The Chief Executive of an affected Indian
tribal government may submit a request for a declaration by
the President that an emergency exists consistent with the
requirements of subsection (a).
‘‘(2) REFERENCES.—In implementing assistance authorized
by the President under this title in response to a request
of the Chief Executive of an affected Indian tribal government
for an emergency declaration, any reference in this title or
title III (except sections 310 and 326) to a State or the Governor
of a State is deemed to refer to an affected Indian tribal
government or the Chief Executive of an affected Indian tribal
government, as appropriate.
‘‘(3) SAVINGS PROVISION.—Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the
same incident.’’.

Jkt 029139

PO 00002

Frm 00046

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

PUBLIC LAW 113–2—JAN. 29, 2013

127 STAT. 49

(c) DEFINITIONS.—Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended—
(1) in paragraph (7)(B) by striking ‘‘; and’’ and inserting
‘‘, that is not an Indian tribal government as defined in paragraph (6); and’’;
(2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
(3) by inserting after paragraph (5) the following:
‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term ‘Indian tribal
government’ means the governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, or community that
the Secretary of the Interior acknowledges to exist as an Indian
tribe under the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 479a et seq.).’’; and
(4) by adding at the end the following:
‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Executive’ means
the person who is the Chief, Chairman, Governor, President,
or similar executive official of an Indian tribal government.’’.
(d) REFERENCES.—Title I of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is
amended by adding after section 102 the following:
‘‘SEC. 103. REFERENCES.

42 USC 5123.

‘‘Except as otherwise specifically provided, any reference in
this Act to ‘State and local’, ‘State or local’, ‘State, and local’,
‘State, or local’, or ‘State, local’ (including plurals) with respect
to governments or officials and any reference to a ‘local government’
in sections 406(d)(3) and 417 is deemed to refer also to Indian
tribal governments and officials, as appropriate.’’.
(e) REGULATIONS.—
(1) ISSUANCE.—The President shall issue regulations to
carry out the amendments made by this section.
(2) FACTORS.—In issuing the regulations, the President
shall consider the unique conditions that affect the general
welfare of Indian tribal governments.

President.
42 USC 5122
note.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

SEC. 1111. RECOMMENDATIONS FOR REDUCING COSTS OF FUTURE
DISASTERS.

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

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00047

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.113

PUBL002

127 STAT. 50

PUBLIC LAW 113–2—JAN. 29, 2013
(4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery.

dkrause on DSKHT7XVN1PROD with PUBLIC LAWS

Approved January 29, 2013.

LEGISLATIVE HISTORY—H.R. 152:
CONGRESSIONAL RECORD, Vol. 158 (2013):
Jan. 15, considered and passed House.
Jan. 28, considered and passed Senate.

Æ

VerDate Mar 15 2010

07:40 Feb 15, 2013

Jkt 029139

PO 00002

Frm 00048

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL002.113

PUBL002