DEPARTMENT OF DEFENSE APPROPRIATIONS ACT--Continued; Congressional Record Vol. 158, No. 169
(Senate - December 28, 2012)

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[Pages S8467-S8497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          DEPARTMENT OF DEFENSE APPROPRIATIONS ACT--Continued

  The PRESIDING OFFICER. Under the previous order, there will now be up 
to 8 minutes of debate equally divided prior to the votes in relation 
to amendments Nos. 3382 and 3383 offered by the Senator from Oklahoma, 
Mr. Coburn.


                           Amendment No. 3382

  Mr. COBURN. Mr. President, amendment No. 3382 would require the use 
of competition for all Federal contracts awarded after the date of the 
enactment of this act for disaster assistance. It would also require 
the Federal agencies to review and recompete no-bid contracts that had 
been awarded prior to it. There is no penalty if it is a no-bid 
contract, but as that goes forward, additional payments on that would 
have to come in to review. All this is, is about good government and 
getting value for the dollars we are going to spend.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time in opposition?
  The Senator from New York.
  Mr. SCHUMER. Mr. President, I rise in opposition to the amendment. I 
guess I have 2 minutes for that since it is 4 minutes equally divided 
between the amendments. I know my colleague from Maryland will debate 
the other amendment.
  I urge a strong ``no'' vote on this amendment. This would require a 
huge amount of time and bureaucratic redtape at a time of emergency 
between disaster victims and the Federal assistance they deserve.
  Competitive bidding is generally a good thing. It can save on costs 
as well as provide transparency and fraud prevention. It is important 
that Federal disaster assistance not be used as a slush fund for crony 
contracts.
  Folks, we are dealing with an emergency. In most States, it takes 90 
days or more. It can take 3 to 6 months. We have people who desperately 
need help, and we would slow the process down to a fare-thee-well if we 
had to invoke the same competitive bidding practice we invoke for other 
contracts that are not under emergency.
  In fact, this is sort of catch-22. Many of our Republican colleagues 
say the money is spent out too slowly, and then they want to put more 
levels of redtape and bureaucracy slowdown. What if the contract is 
challenged in court? Businesses would lay fallow, homes will not be 
built, and it would leave shorelines unprotected and naked.
  Generally, I have been a supporter of competitive bidding, but as the 
Scripture says: There is a time and a place for everything. When we are 
dealing with many aspects of an emergency, that should not happen.
  My colleague on the other side, for whom I have great respect, is a 
true gentleman. He does what he believes and says what he believes. He 
votes against interests that might affect his own State when he does 
it. In this case, he has not made any exceptions, and that makes no 
sense. This will hurt people and hurt them badly. In many instances, 
this will end up costing us more.
  Many competitively bid contracts--we have all been through this--end 
up in court and take years. Years during an emergency? I don't believe 
we should start that as a new precedent. I

[[Page S8468]]

would be happy to work with my colleague and refine the competitive 
bidding law to where it could be used appropriately, but this is a 
broad brush.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, there is no reason to take additional 
time. The fact is right now with FEMA, they have prebid contracts. In 
New Jersey, they didn't take the lowest competitive bid contract on the 
debris removal. We are going to spend about 20 percent, 25 percent more 
because the Federal Government is paying for it.
  The vast majority of the money in this bill is not going to be 
contracted out initially. As a matter of fact, only $9 billion is going 
to go out right way and that is in terms of flood insurance. The rest 
of it is coming from the FEMA funds and the DRF funds. None of those 
are competitive bid contracts, and it will not have any impact on 
housing, home flood insurance or any of those other areas. Doing it 
right and getting value for our money is important, especially now that 
we face the difficult fiscal times that are in front of us.
  I urge a ``yes'' vote and yield back the remainder of my time.
  I ask for the yeas and nays.
  Mr. President, I ask unanimous consent to move to the next amendment.
  Ms. MIKULSKI. Mr. President, let's go with the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered on amendment No. 3382.


                           Amendment No. 3383

  Mr. COBURN. Mr. President, I understand that amendment No. 3383 is 
now in order.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. COBURN. Mr. President, I ask unanimous consent to speak for 2 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COBURN. There is a lot of work in this bill for the Corps of 
Engineers, and they are going to have a lot of work to do in the 
remediation and mitigation that is associated with Hurricane Sandy. 
However, in this bill is a provision which says that whatever the Corps 
decides to approve, they give a blanket authorization. This means if, 
in fact, the Corps doesn't do what is in the best interests for New 
Jersey or New York, they get to make the decision. The appropriators 
and authorizing committee don't get to decide; the Corps makes the 
decision.
  The one organization that has a problem with priorities in this 
country today is the Corps of Engineers. For us to blanket whatever 
they say as a priority versus having government, committee, and 
appropriator oversight by giving this blanket waiver is to take away 
our powers to correct them. All this does is say it is not 
automatically authorized and we will have plenty of time. All these are 
mitigation projects. They should all be authorized and approved by the 
committee of jurisdiction as they go forward. Rather than a blanket 
approval, all they have to do is come to Congress and say: Give us 
approval.
  We are setting a terrible precedent. What this says is, in the 
future, we are going to let the Corps decide what is important rather 
than the Governors, the State legislators or the Congress.

  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator's time has expired.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I oppose Coburn amendment No. 3383 
striking the provisions in the underlying bill.
  We did a voice vote this morning on Feinstein amendment No. 4421 that 
fixes the problem. I understand the concerns the Senator has.
  I yield time to the Senator from California to explain how she fixed 
the amendment and why we should defeat the Coburn amendment.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, one of the things I have learned from 
the Energy and Water Subcommittee, which is the committee that handles 
appropriations for the Army Corps of Engineers, is how difficult it is 
to get projects started, funded, and constructed. I am one--
particularly in view of storms, earthquakes, floods, and damages--who 
believes we also need to do the mitigation, because if it happens once, 
there is a heavy likelihood it could happen again. So I rise in 
opposition to this amendment.
  The provision the Senator from Oklahoma proposes would essentially 
take a Corps project that has been authorized and a study is being 
done. Once the study has concluded and it is cost-effective, the Corps 
proceeds to construction. With respect to mitigation, what this 
amendment does is--as I understand it--remove that authorization.
  I can understand how the language before was overly broad. What 
Senator Boxer and I did in an earlier amendment was narrow that 
language, and we have addressed the shortcoming of the provision by 
striking it with an earlier amendment. We took amendment No. 3421 and 
replaced it with new text. This new text no longer authorizes an 
undefined set of projects; rather, it directs funding to be utilized to 
construct projects in areas that suffered direct inundation impact from 
Hurricanes Sandy and Isaac. It provides a defined scope for the work 
the Corps can construct with the funds provided. It requires the 
projects to be undertaken must be cost-effective, technically feasible, 
and environmentally acceptable.
  I hope my friend would agree that should be the goal of all Corps 
projects we fund. Voting for his amendment, as I understand it, would 
undo the defined requirements and scope for the projects we previously 
voted for.
  I urge my colleagues to vote against the amendment.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                      Amendment No. 3383 Withdrawn

  Mr. COBURN. Mr. President, I think the Senator from California has a 
great solution to the problem. I was not aware of that being accepted.
  I ask unanimous consent to withdraw my amendment.
  Mrs. FEINSTEIN. I thank the Senator.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Vote on Amendment No. 3382

  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
3382.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from South Carolina (Mr. 
DeMint).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 48, nays 47, as follows:

                      [Rollcall Vote No. 242 Leg.]

                                YEAS--48

     Alexander
     Ayotte
     Barrasso
     Baucus
     Bennet
     Boozman
     Brown (MA)
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Klobuchar
     Kohl
     Kyl
     Lee
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Sessions
     Shelby
     Snowe
     Tester
     Thune
     Toomey
     Udall (CO)
     Vitter
     Webb
     Wicker

                                NAYS--47

     Akaka
     Begich
     Bingaman
     Blumenthal
     Blunt
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hoeven
     Johnson (SD)
     Kerry
     Landrieu
     Leahy
     Levin
     Lieberman
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Udall (NM)
     Whitehouse
     Wyden

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, this will give Senators an idea about 
the

[[Page S8469]]

order for the next hour or so. I ask unanimous consent that the debate 
time on the Rand Paul, John McCain, and Lee amendments occur between 
now and 3:30 p.m.; that at 4 p.m., the Senate resume votes in relation 
to the amendments as listed in the previous order; that there be 2 
minutes equally divided prior to each vote; and all other provisions of 
the previous order remain in effect.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Ms. MIKULSKI. Mr. President, with this agreement, we will be ready to 
resume our stacked series of votes on this bill at 4 p.m. I just want 
to alert my colleagues, with the concurrence on the other side of the 
aisle, there will only be 2 minutes equally divided prior to each vote, 
so Senators need to remain in and around the Chamber so we can complete 
action on this legislation.
  If we can keep the amendments to the time agreement that is usual and 
customary, we will be able to conclude--our time this evening could be 
spent because the votes go on too long--so if we can follow regular 
order, the way we have been doing, I think we will be able to move all 
our amendments.
  I want to thank Senators Paul, McCain, and Lee, who are ready to 
offer their amendments now.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, we wish to thank the distinguished 
manager of the bill for her courtesies and for her skill in managing 
this bill, and her sensitivity to the need for improvements in 
sustaining the disaster assistance capabilities of our great country.
  The PRESIDING OFFICER. The Senator from Kentucky.


      Amendments Nos. 3376 and 3410 En Bloc to Amendment No. 3395

  Mr. PAUL. Mr. President, I ask unanimous consent to call up 
amendments Nos. 3376 and 3410 en bloc.
  The PRESIDING OFFICER. Without objection, the clerk will report the 
amendments en bloc.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Paul] proposes amendments 
     numbered 3376 and 3410 en bloc to amendment No. 3395.

  The amendments en bloc are as follows:


                           amendment no. 3376

 (Purpose: To provide for the nonapplication of the Davis-Bacon Act in 
              the case of projects funded under this Act)

       At the appropriate place, insert the following:

     SEC. __. NONAPPLICATION OF DAVIS-BACON.

       None of the funds made available under this Act (or an 
     amendment made by this Act) may be used to administer or 
     enforce the wage-rate requirements of subchapter IV of 
     chapter 31 of part A of subtitle II of title 40, United 
     States Code (commonly referred to as the ``Davis-Bacon Act'') 
     with respect to any project or program funded, in whole or in 
     part, under this Act (or amendment).


                           amendment no. 3410

  (Purpose: To offset the cost of the bll and to put the spending on 
             budget as regular spending and not emergency)

       At the appropriate place, insert the following:

     SEC. __. BUDGET OFFSET.

       (a) In General.--
       (1) Finding.--Congress finds that the Congressional Budget 
     Office estimates that--
       (A) this Act, the Disaster Relief Appropriations Act, 2013, 
     will spend only 15 percent of the budget authority provided 
     in this Act in fiscal year 2013; and
       (B) total outlays flowing from this Act will equal 
     $8,974,000,000 for fiscal year 2013.
       (2) Budget authority limit.--The total amount provided to 
     chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall 
     be provided based on the Congressional Budget Office's cost 
     estimate findings, such that--
       (A) total budget authority for the Act shall not exceed 
     $8,974,000,000;
       (B) total budget authority provided for Chapter 1 shall not 
     exceed $81,000,000;
       (C) total budget authority provided for Chapter 2 shall not 
     exceed $192,000,000;
       (D) total budget authority provided for Chapter 3 shall not 
     exceed $42,000,000;
       (E) total budget authority provided for Chapter 4 shall not 
     exceed $673,000,000;
       (F) total budget authority provided for Chapter 5 shall not 
     exceed $437,000,000;
       (G) total budget authority provided for Chapter 6 shall not 
     exceed $6,681,000,000;
       (H) total budget authority provided for Chapter 7 shall not 
     exceed $147,000,000;
       (I) total budget authority provided for Chapter 8 shall not 
     exceed $85,000,000;
       (J) total budget authority provided for Chapter 9 shall not 
     exceed $23,000,000; and
       (K) total budget authority provided for Chapter 10 shall 
     not exceed $613,000,000.
       (3) Application of budget authority reduction.--Of the 
     total amount reduced in this Act as subject to paragraph (2), 
     the allocation of such reductions among the accounts and 
     programs shall be determined by the Director of Office of 
     Management and Budget.
       (b) Offsetting Amounts.--
       (1) In general.--There is rescinded for fiscal year 2013 
     any unobligated balances in an amount equal to $8,974,000,000 
     of the budget authority provided for fiscal year 2013 of any 
     discretionary account in title II - United States Agency for 
     International Development, title III - Bilateral economic 
     assistance, and title IV - International security assistance 
     accounts and programs as provided by the continuing 
     appropriations resolution of 2013 for the Department of 
     State, Foreign Operations and Related Appropriations Act, 
     2012 (Public Law 112-175).
       (2) Limit.--Of the accounts and programs included in 
     paragraph (1), the rescission amounts shall not reduce the 
     combined aggregate budget authority of those accounts and 
     programs below $5,000,000,000 for all of fiscal year 2013.
       (3) Excess recovered.--The amount of rescission of budget 
     authority in paragraphs (1) and (2) that exceeds the level of 
     unobligated balances in those paragraphs shall be rescinded, 
     on a pro rata basis, from the budget authority provided for 
     fiscal year 2013 from any remaining discretionary accounts in 
     any fiscal year 2013 appropriations Act (except the accounts 
     and programs as provided by the continuing appropriations 
     resolution of 2013 for the Military Construction and Veterans 
     Affairs and Related Appropriations Act, 2012).
       (c) Application of Rescissions.--Of the total amount 
     rescinded subject to subsection (b), including paragraph (2) 
     the allocation of such rescissions among the accounts or 
     programs as specified in subsection (b)(1), shall be 
     determined by the Director of the Office of Management and 
     Budget.
       (d) Regular Not Emergency Spending.--Notwithstanding any 
     other provision of this Act, none of the funding provided by 
     this Act shall be considered to be emergency spending for 
     purposes of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act and the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

  Mr. PAUL. Mr. President, when Hurricane Sandy struck the Northeast, 
hundreds of thousands, if not millions, of people were without power. 
We all saw the video footage. We saw the terrible trauma, and people 
are still trying to dig out from underneath the debris of Hurricane 
Sandy.
  During that period of time, hundreds of workers drove up from the 
South wanting to help. These workers were nonunionized, and they were 
turned away. This was a sad day for our country that nonunion workers 
were not allowed to participate in the cleanup and were asked to join a 
union before they would be accepted as workers.
  I think it is a mistake to politicize things such as this, 
particularly in a time of an emergency. So what I have asked for and 
what my amendment would do is allow an exemption to Davis-Bacon.
  Davis-Bacon is a Federal law that requires that we not have 
competitive bidding on Federal projects. What happens is on Federal 
projects the wages are fixed at a union scale wage and there is not a 
competitive bidding for wages.
  So what I have asked is that we suspend that and say, in order to get 
better use of the money, in order to advance the money by billions of 
dollars and do more with the money--and this is an enormous amount of 
money, running into the billions of dollars--in order to get better use 
of our money, to suspend Davis-Bacon, and we would basically be 
allowing competitive bidding on wages.
  This has been done before. President Nixon and both President Bushes 
did this. During Katrina, we suspended Davis-Bacon because it was an 
emergency. We wanted to make the best use of our Nation's dollars.
  This amendment would suspend Davis-Bacon for this emergency. It is 
estimated it might save as much as 22 percent of the cost.
  We are talking about billions of dollars. Mr. President, $60 billion 
is being requested for this cleanup. Where is the money going to come 
from? You have heard we have an enormous debt--$16 trillion--in our 
country. We have over $1 trillion in debt this year. We print up the 
money, but that simply steals from your savings and steals from your 
current currency. We can tax you or borrow more. But we owe $16 
trillion already.
  What I am asking is why don't we try to make good use of the money 
that is going toward this disaster, allow money to go further? That is 
simply by allowing competitive bidding on wages.

[[Page S8470]]

  Currently, there is no competitive bidding on wages. My amendment 
would allow for this. I urge my colleagues to stand with taxpayers--to 
stand with taxpayers against special interests, against political and 
partisan purposes--and for the sake of an emergency to say: We are 
going to be frugal with the dollars spent. We are not going to be 
extravagant. We are not going to reward certain special interests that 
are very involved in the political process.
  We are going to say we are going to use the money wisely, we are 
going to allow competitive bidding on wages. So I urge my colleagues to 
support this temporary and specific suspension of Davis-Bacon for 
emergency funds.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, I guess we have 5 minutes?
  The PRESIDING OFFICER. Yes.
  Mr. HARKIN. Mr. President, I rise in strong opposition to the 
amendment offered by my friend from Kentucky. As we work to rebuild 
these communities in the east coast from Superstorm Sandy, we need 
policies in place that make these communities stronger. Davis-Bacon is 
a critical part of that effort because it ensures that the people who 
are doing the work to rebuild our roads, schools, and bridges in these 
cities and towns are paid a fair wage. Again, the Davis-Bacon Act 
ensures that workers on taxpayer-funded projects are paid locally 
prevailing wages--locally prevailing wages. These protections ensure 
that the substantial influx of Federal dollars for reconstruction work 
after a disaster will help prevent a race to the bottom for workers and 
not contribute to the problem.
  After a disaster such as this, people are disrupted, and people are 
out of work. So we have a lot of fly-by-night operators who flock to 
these areas and abuse the workers. For example, we saw this after 
Hurricane Katrina. According to a 2006 study, 47 percent of workers in 
New Orleans reported not receiving all of the pay they were entitled to 
under law. The same report indicated that 55 percent of workers did not 
receive overtime pay for working more than 40 hours a week.
  Now, again, my friend from Kentucky says this could save up to 22 
percent of the money we are going to put out in Federal taxpayer 
dollars to help recovery efforts. Well, how can that possibly be? Labor 
costs are typically only 25 to 30 percent of the total cost of public 
works projects. So there's no way we could save 22% by repealing Davis-
Bacon, we'd have to pay people next to nothing. That just doesn't make 
sense.
  So, again, Davis-Bacon has been in law a long time to help prevent 
the kinds of abuses we saw after Katrina from happening again because 
it ensures that workers will be paid locally prevailing wages--not 
necessarily union-type wages but locally prevailing wages. It helps 
ensure that responsible contractors--responsible contractors, 
contractors who abide by wage and hour and safety and health laws--will 
win the bids to perform federally funded work. We do not want this race 
to the bottom where you get some fly-by-night operator who does shoddy 
work. Oh, but it is cheap. When we buy into that philosophy we might 
save money now, but we lose a lot of money later on.
  We keep hearing from our friends on the other side that this is going 
to save money. That is just not true. Numerous studies confirm that 
prevailing wage laws--Davis-Bacon--do not raise construction costs and 
actually lower the taxpayer bill on these projects. A study of nine 
States found that prevailing wages led to costs of building 
construction that were on average $6 dollars to $35 per square foot 
less than without prevailing wages. Similarly, a 2004 study analyzing 
Federal highway wage data found that better wages led to an average 
savings of $30,000 to $34,000 per mile of highway construction. Better 
wages also led to higher productivity. Higher wage States require 32 to 
35 percent fewer labor hours to complete the same work than lower wage 
States. Why is that? Because, as one contractor I know in Iowa says, he 
always hires people to do work under Davis-Bacon because he knows he 
gets quality work, he gets high productivity, the work is done right 
the first time and it does not have to be done over. So these are the 
responsible contractors we want to do this kind of work because in the 
long run, it saves us all a lot of money and we get better work done.
  I might also add parenthetically that Davis-Bacon--Senator Davis and 
Representative Bacon, the authors of this law, were both Republicans. 
They wanted to ensure that large Federal contractors would not drive 
down the price of labor, so they passed a law saying that workers on 
Federal Government projects should earn at least the typical local 
wages. That is what it is--typical local wages. That is all the Davis-
Bacon Act does. It is not a giveaway to unions or the workers they 
represent; it is just a commonsense policy that helps workers and 
communities recover and makes sure taxpayers get the best bang for 
their buck.
  The workers affected by Hurricane Sandy are not just rebuilding 
businesses, houses, schools, and roads, they are rebuilding entire 
communities and neighborhoods. The foundation for communities is good 
jobs with fair wages. The Davis-Bacon Act is a critical part in helping 
communities across the east coast recover.
  I urge my colleagues to oppose the Paul amendment.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. PAUL. Mr. President, I rise in support of amendment No. 3410, 
which would take the spending for Sandy relief and spend only 1 year at 
a time and would offset that spending with spending cuts. Now, you ask, 
why would we want to do that? Well, if you have been watching Congress 
in recent years, you might understand that we are not very good with 
money up here. Each year we are spending $1 trillion that we do not 
have. To me, there is absolutely no objective evidence that we are very 
good with money up here, so you do not want to give Congress 3 years' 
worth of spending authority on Hurricane Sandy. Why don't we do it 1 
year at a time and make sure there is correct oversight and make sure 
the money is not being wasted, make sure the money is not being abused.
  I will give a couple of examples of what is in the current bill. We 
have money for Alaskan fisheries in the Hurricane Sandy bill. They 
tried earlier today to stuff money in here for a country by the name of 
Palau in the western part of the Pacific. Now, I thought this was about 
emergency relief for Hurricane Sandy, which hit the northeast coast. 
What does that have to do with sending money to the far reaches of the 
Earth, including sending money to work on Alaskan fisheries? If you 
want to give money to Alaskan fisheries, have a bill on the floor about 
Alaskan fisheries, but do not pretend that we are going to stuff it in 
some emergency bill for the Northeast.
  So what I have asked is, let's just spend what you are going to spend 
next year. CBO says there is going to be $9 billion spent next year. 
That is what I allocate. I take the $9 billion from places where we are 
wasting it. I think we are wasting it by sending it overseas. I am not 
particularly happy about sending money to countries that are burning 
our flag and chanting ``death to America.'' I think it is an outrage.
  The President has said: Well, we need to quit doing nation building 
overseas and start doing it at home. But where are the actions that 
support his words? I agree completely--we need to quit doing nation 
building overseas when we are running a trillion-dollar deficit here, 
but we can't just say we are going to continue to print the money or 
borrow the money or simply raise taxes. There is not enough for all of 
this spending. What you need to do so is say: Some of the spending is 
wasteful, and we should not do it.

  I personally think we should not be sending billions of dollars to 
dictators who oppress their people, who burn our flag, who will not 
protect our embassies. I think it is an absolute mistake. You can go 
through a list of 30 or 40 years of foreign aid and see dictators who 
have personally profited and stolen our money. We have bridges and 
roads crumbling in our country. We have infrastructure that was damaged 
by Hurricane Sandy. They simply want to print more money and borrow it.
  People will stand and say: Oh, we have never offset emergency 
funding. Well, maybe that is why we have a $16 trillion deficit--
because no one wants

[[Page S8471]]

to cut any spending around here. If you want to help those affected by 
Hurricane Sandy, do it, but do it by taking the money from someplace 
where we are wasting it.
  What my bill says is that we will spend next year's $9 billion, which 
is what they have asked for for the next year, and we will offset it by 
taking $9 billion out of the foreign aid fund.
  Now, usually when we bring this up here, someone will trod on down 
and say: Oh, but this will affect Israel. This has nothing to do with 
Israel, will not affect any money given to Israel. There will be money 
left in the foreign aid fund. It has always been my purpose that we 
start by taking the money from countries that hate us, countries that 
are burning our flag. I have not seen anyone in Israel burning the 
American flag, but I have seen it happening in about 10 other countries 
that receive money, that actually receive more than Israel. So what I 
would say is let's not trot out canards about Israel; let's make it 
about what it is. The Mubarak family in Egypt got $60 billion. The 
country got $60 billion while the Mubarak family themselves stole 
probably half of it. They are one of the richest families in the world. 
The kids are some of the richest people in the world because they stole 
your money. This has happened repeatedly. It has happened throughout 
the African Continent. It has happened around the world, that your 
money is sent overseas. Just in Iraq and Afghanistan during the wars, 
we built $6 billion worth of roads. Meanwhile, we have problems here. I 
have two bridges in my State that I do not have the money to repair 
because we are too busy repairing some other country's roads.
  There are people in this body--the majority of them here--who think: 
Oh, let's keep spending this money. And the majority of the American 
people do not think it is a good idea. I hope they will wake up and 
call their Senators and their Congressmen and say: This is absurd. It 
must end.
  So this is a very simple amendment. Spend 1 year on the emergency 
fund, $9 billion, and offset it by cutting foreign aid overseas. I urge 
my colleagues to support this amendment.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. GRAHAM. Mr. President, I would like to respond and to inform my 
colleagues about what would happen if this amendment were adopted by 
the body. No. 1, the foreign aid budget is less than 1 percent of the 
total Federal budget. It is about $52 to $53 billion. It has been 
reduced. A lot of things Senator Paul said about money being wasted 
were very much true in the past.
  President Bush looked at foreign assistance in a different way to 
come up with the Millennium Challenge Corporation. We are now trying to 
make sure our dollars go to make us safer, to help people who are truly 
in need, and to make sure we have a presence in the world for which I 
think there would be no substitute. It cuts 67 percent of the foreign 
aid budget in three titles: USAID--those of you who have been to 
Afghanistan and other places, USAID projects are designed to make sure 
that once the military is withdrawn from that area, that we can hold.
  Those of you who are tired of war, like all of us, I just want to go 
back to ``Charlie Wilson's War.'' The last scene in the movie was Mr. 
Wilson wanted $1 million to build some schoolhouses in Afghanistan, and 
the reply was: Man, I have got broken schools in my State and my 
district. And that is true in South Carolina, that is true in Kentucky, 
and it is true in West Virginia. But we had no soldiers in Afghanistan 
and no aid to Afghanistan during the Taliban reign. That model did not 
work.
  If you think you can withdraw from the world and if you think America 
has no leadership role, then this is a good amendment. If you think the 
best thing America can do is invest in aid programs that help us as a 
Nation to be safer, then I would vote no for this amendment.
  President Bush--one of his great legacies is that he invested in AIDS 
and malaria programs in Africa that saved a whole generation of African 
children. The Chinese are all over Africa trying to buy up the 
continent, and radical Islam is moving forward. What a time for America 
to tell the African people: No longer will we help you--because if this 
amendment is passed, it will devastate the account we have in Africa. 
We have almost no troops. The only thing we have to combat radical 
Islam and Chinese influence is our aid programs that will create a lot 
of jobs here in America.
  Jordan--there are 250,000 Syrian refugees flooding into Jordan. The 
refugee account is being overwhelmed. If you care at all about the King 
of Jordan and stability in Jordan, for God's sake, vote against this 
amendment because it will devastate the money we set aside to deal with 
the refugee problem from the war in Syria.
  As to Israel, the third title that is affected is the 
counternarcotics military assistance program, foreign military 
financing. We have contacted the Department of State and the Department 
of Defense. They told us: If you cut this account by 67 percent, it is 
going to put pressure on defense accounts. They are already under the 
threat of sequestration. It will affect the ability of our Nation to 
help Israel with the F-35 aircraft, armored vehicles, and protective 
systems for other vehicles.
  If you think, as I do, that the world is a very dangerous place and 
it is better for America to lead than to come home and play like the 
world is not a dangerous place, vote against this amendment. It is $9 
billion. It is 67 percent of the three accounts I have just described. 
Ask yourself, as a Member of the Senate, is now the time to tell the 
King of Jordan and the people of Jordan: We cannot help you with 
refugees overflowing into your country.
  Because if the King goes, what happens next? Is now the time to send 
to the people of Israel a signal that we are going to reduce military 
assistance to their struggling nation, surrounded by a lot of 
adversaries? Is now the time to tell the people of Africa: America will 
be leaving; enjoy the Chinese presence.
  Every time America tries to play the game that what happens in other 
places doesn't affect us, we pay a heavy price.
  This meant 9/11 was the result of a place called Afghanistan falling 
into the hands of the most vicious people on the planet, and we sat on 
the sidelines. It wasn't long before the Taliban invited bin Laden in 
as their honored guest, and the rest is history.
  There are at least six countries I can name in Africa today that, if 
we abandon Africa, are going to become the next places that attack us. 
I can tell you right now that if we abandon the King of Jordan, he will 
fall. You will wake up one day, and you will say, was that $9 billion 
worth all of what I have just described?
  I wish we could come home. I wish we never had to send a dollar 
outside the State of South Carolina. But I promise you this: If we stop 
leading this world and we stop having a presence where others show up, 
we will pay a heavy price.
  This amendment guts to their core three essential accounts that are 
very important to our national security and to who we are as Americans.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. GRAHAM. Don't create one disaster in trying to solve another. 
Please vote no.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, is there any time remaining in 
opposition to the Paul amendment?
  The PRESIDING OFFICER. No time remains for debate on the Paul 
amendment.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent to speak for 1 
minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. I would like to thank the Senator from South Carolina 
for his remarks. He summarizes what we on both sides of the aisle would 
say about this compelling national security interest.
  I also wish to bring to my colleagues' attention--the Senator from 
Kentucky reduces the bill from $60 billion to $9 billion. Not only is 
it a disaster for our foreign aid, but it is a disaster for America. 
Remember, disaster assistance is aid to American people. So cutting out 
$51 billion and then poking in the eye of treasured allies that you are 
reducing by $50 billion--that is aid to America.
  Hey, I am for aid to America, and that is why spending and working 
with

[[Page S8472]]

treasured allies, their security, and also stamping out things such as 
malaria and blindness are the things for which we are well known.
  Mr. President, I yield the floor.
  Mr. President, what is the regular order here?
  The PRESIDING OFFICER (Mr. Cardin). The regular order is the Paul 
amendment on the debate time, amendment No. 3410.
  Ms. MIKULSKI. Is there any time remaining for the Paul amendment?
  The PRESIDING OFFICER. No time remains for debate on the Paul 
amendment.
  Ms. MIKULSKI. So we have concluded Paul amendment No. 3410.
  Mr. President, what is the parliamentary situation in time on Paul 
amendment No. 3376, Davis-Bacon?
  The PRESIDING OFFICER. All time has expired on that amendment.
  Ms. MIKULSKI. Mr. President, with all time having expired, I believe 
the order requires that these amendments then be set aside to be part 
of a set of stacked votes at 4 o'clock; is that correct?
  The PRESIDING OFFICER. The Senator is correct.
  Ms. MIKULSKI. Don't we now proceed to the McCain amendment under the 
consent agreement, for debate? It was to be Senator McCain or Senator 
Lee?
  The PRESIDING OFFICER. Either Senator McCain or Senator Lee may be 
recognized.
  Ms. MIKULSKI. Mr. President, I note the prompt appearance of Senator 
Lee.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah is recognized.


                    Amendment No. 3373, as Modified

  Mr. LEE. Mr. President, I ask unanimous consent that we call up 
amendment No. 3373, as modified.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows.

       The Senator from UTAH [Mr. Lee] proposes an amendment 
     numbered 3373, as modified.

  Mr. LEE. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as modified, is as follows:

       After section 1105, insert the following:

     SEC. __. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN 
                   CONNECTION WITH FEDERALLY DECLARED DISASTERS.

       (a) Tax-favored Withdrawals From Retirement Plans.--
       (1) In general.--Paragraph (2) of section 72(t) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(H) Distributions from retirement plans in connection 
     with federally declared disasters.--Any qualified disaster 
     recovery distribution.''.
       (2) Qualified disaster recovery distribution.--Section 
     72(t) of such Code is amended by adding at the end the 
     following new paragraph:
       ``(11) Qualified disaster recovery distribution.--For 
     purposes of paragraph (2)(H)--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `qualified disaster recovery distribution' means, 
     with respect to any federally declared disaster, any 
     distribution from an eligible retirement plan made on or 
     after the applicable disaster date and before the date that 
     is 1 year after such date, to an individual whose principal 
     place of abode on the applicable disaster date, is located in 
     the disaster area and who has sustained an economic loss by 
     reason of such federally declared disaster.
       ``(B) Aggregate dollar limitation.--
       ``(i) In general.--For purposes of this subsection, the 
     aggregate amount of distributions received by an individual 
     which may be treated as qualified disaster recovery 
     distributions for any taxable year shall not exceed the 
     excess (if any) of--

       ``(I) $100,000, over
       ``(II) the sum of aggregate amounts treated as qualified 
     disaster recovery distributions received by such individual 
     for all prior taxable years, the aggregate amounts treated as 
     qualified hurricane distributions under section 1400Q(a), and 
     the aggregate amounts treated as qualified Disaster Recovery 
     Assistance distributions under section 701(d)(10) of the 
     Heartland Disaster Tax Relief Act of 2008.

       ``(ii) Treatment of plan distributions.--If a distribution 
     to an individual would (without regard to clause (i)) be a 
     qualified disaster recovery distribution, a plan shall not be 
     treated as violating any requirement of this title merely 
     because the plan treats such distribution as a qualified 
     disaster recovery distribution, unless the aggregate amount 
     of such distributions from all plans maintained by the 
     employer (and any member of any controlled group which 
     includes the employer) to such individual exceeds $100,000.
       ``(iii) Controlled group.--For purposes of clause (ii), the 
     term `controlled group' means any group treated as a single 
     employer under subsection (b), (c), (m), or (o) of section 
     414.
       ``(iv) Inflation adjustment.--In the case of any taxable 
     year beginning after 2012, each of the $100,000 amounts under 
     clauses (i) and (ii) shall be increased by an amount equal 
     to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2011' 
     for `calendar year 1992' in subparagraph (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     next highest multiple of $10,000.
       ``(C) Amount distributed may be repaid.--
       ``(i) In general.--Any individual who receives a qualified 
     disaster recovery distribution may, at any time during the 3-
     year period beginning on the day after the date on which such 
     distribution was received, make one or more contributions in 
     an aggregate amount not to exceed the amount of such 
     distribution to an eligible retirement plan of which such 
     individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as 
     the case may be.
       ``(ii) Treatment of repayments of distributions from 
     eligible retirement plans other than iras.--For purposes of 
     this title, if a contribution is made pursuant to clause (i) 
     with respect to a qualified disaster recovery distribution 
     from an eligible retirement plan other than an individual 
     retirement plan, then the taxpayer shall, to the extent of 
     the amount of the contribution, be treated as having received 
     the qualified disaster recovery distribution in an eligible 
     rollover distribution (as defined in section 402(c)(4)) and 
     as having transferred the amount to the eligible retirement 
     plan in a direct trustee to trustee transfer within 60 days 
     of the distribution.
       ``(iii) Treatment of repayments for distributions from 
     iras.--For purposes of this title, if a contribution is made 
     pursuant to clause (i) with respect to a qualified disaster 
     recovery distribution from an individual retirement plan (as 
     defined by section 7701(a)(37)), then, to the extent of the 
     amount of the contribution, the qualified disaster recovery 
     distribution shall be treated as a distribution described in 
     section 408(d)(3) and as having been transferred to the 
     eligible retirement plan in a direct trustee to trustee 
     transfer within 60 days of the distribution.
       ``(D) Income inclusion spread over 3-year period.--
       ``(i) In general.--In the case of any qualified disaster 
     recovery distribution, unless the taxpayer elects not to have 
     this paragraph apply for any taxable year, any amount 
     required to be included in gross income for such taxable year 
     shall be so included ratably over the 3-taxable year period 
     beginning with such taxable year.
       ``(ii) Special rule.--For purposes of clause (i), rules 
     similar to the rules of subparagraph (E) of section 
     408A(d)(3) shall apply.
       ``(E) Other definitions.--
       ``(i) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(ii) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.
       ``(iii) Eligible retirement plan.--The term `eligible 
     retirement plan' shall have the meaning given such term by 
     section 402(c)(8)(B).
       ``(F) Special rules.--
       ``(i) Exemption of distributions from trustee to trustee 
     transfer and withholding rules.--For purposes of sections 
     401(a)(31), 402(f), and 3405, qualified disaster recovery 
     distributions shall not be treated as eligible rollover 
     distributions.
       ``(ii) Qualified disaster recovery distributions treated as 
     meeting plan distribution requirements.--For purposes this 
     title, a qualified disaster recovery distribution shall be 
     treated as meeting the requirements of sections 
     401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 
     457(d)(1)(A).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to distributions with respect to disaster 
     declared after December 31, 2011.
       (b) Recontributions of Withdrawals for Home Purchases.--
       (1) Individual retirement plans.--Paragraph (8) of section 
     72(t) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(F) Recontributions.--
       ``(i) General rule.--

       ``(I) In general.--Any individual who received a qualified 
     distribution may, during the applicable period, make one or 
     more contributions in an aggregate amount not to exceed the 
     amount of such qualified distribution to an eligible 
     retirement plan (as defined in section 402(c)(8)(B)) of which 
     such individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may 
     be.

[[Page S8473]]

       ``(II) Treatment of repayments.--Rules similar to the rules 
     of clauses (ii) and (iii) of paragraph (11)(C) shall apply 
     for purposes of this subsection.

       ``(ii) Qualified distribution.--For purposes of this 
     subparagraph, the term `qualified distribution' means, with 
     respect to any federally declared disaster, any 
     distribution--

       ``(I) which is a qualified first-time homebuyer 
     distribution,
       ``(II) received on or after the date which is 6 months 
     before the applicable disaster date and before the date which 
     is the day after the applicable disaster date, and
       ``(III) which was to be used to purchase or construct a 
     principal residence in the disaster area, but which was not 
     so purchased or constructed on account of the federally 
     declared disaster.

       ``(iii) Applicable period.--For purposes of this 
     subparagraph, the term `applicable period' means the period 
     beginning on the applicable disaster date and ending on the 
     date which is 1 year after the applicable disaster date.
       ``(iv) Other definitions.--For purposes of this 
     subparagraph--

       ``(I) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(II) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.''.

       (2) Qualified plans.--Subsection (c) of section 402 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(12) Recontributions of withdrawals for home purchases.--
       ``(A) General rule.--
       ``(i) In general.--Any individual who received a qualified 
     distribution may, during the applicable period, make one or 
     more contributions in an aggregate amount not to exceed the 
     amount of such qualified distribution to an eligible 
     retirement plan (as defined in paragraph (8)(B)) of which 
     such individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under 
     subsection (c) or section 403(a)(4), 403(b)(8), or 408(d)(3), 
     as the case may be.
       ``(ii) Treatment of repayments.--Rules similar to the rules 
     of clauses (ii) and (iii) of section 72(t)(11)(C) shall apply 
     for purposes of this subsection.
       ``(B) Qualified distribution.--For purposes of this 
     paragraph, the term `qualified distribution' means, with 
     respect to any federally declared disaster, any 
     distribution--
       ``(i) described in section 401(k)(2)(B)(i)(IV), 
     403(b)(7)(A)(ii) (but only to the extent such distribution 
     relates to financial hardship), or 403(b)(11)(B),
       ``(ii) received--

       ``(I) on or after the date which is 6 months before the 
     applicable disaster date, and
       ``(II) before the date which is the day after the 
     applicable disaster date, and

       ``(iii) which was to be used to purchase or construct a 
     principal residence in the disaster area, but which was not 
     so purchased or constructed on account of the federally 
     declared disaster.
       ``(C) Applicable period.--For purposes of this paragraph, 
     the term `applicable period' means the period beginning on 
     the applicable disaster date and ending on the date which is 
     1 year after the applicable disaster date.
       ``(D) Other definitions.--For purposes of this paragraph--
       ``(i) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(ii) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to distributions with respect to disaster 
     declared after December 31, 2011.
       (c) Loans From Qualified Plans.--
       (1) In general.--Subsection (p) of section 72 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(6) Increase in limit on loans not treated as 
     distributions.--
       ``(A) In general.--In the case of any loan from a qualified 
     employer plan to a qualified individual made during the 
     applicable period--
       ``(i) clause (i) of paragraph (2)(A) shall be applied by 
     substituting `$100,000' for `$50,000', and
       ``(ii) clause (ii) of such paragraph shall be applied by 
     substituting `the present value of the nonforfeitable accrued 
     benefit of the employee under the plan' for `one-half of the 
     present value of the nonforfeitable accrued benefit of the 
     employee under the plan'.
       ``(B) Delay of repayment.--In the case of a qualified 
     individual with an outstanding loan on or after the 
     applicable disaster date from a qualified employer plan--
       ``(i) if the due date pursuant to subparagraph (B) or (C) 
     of paragraph (2) for any repayment with respect to such loan 
     occurs during the period beginning on the applicable disaster 
     date and ending on the date which is 1 year after such date, 
     such due date shall be delayed for 1 year,
       ``(ii) any subsequent repayments with respect to any such 
     loan shall be appropriately adjusted to reflect the delay in 
     the due date under clause (i) and any interest accruing 
     during such delay, and
       ``(iii) in determining the 5-year period and the term of a 
     loan under subparagraph (B) or (C) of paragraph (2), the 
     period described in clause (i) shall be disregarded.
       ``(C) Inflation adjustment.--In the case of any taxable 
     year beginning after 2012, the $100,000 amounts under 
     subparagraph (A)(i)shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2011' 
     for `calendar year 1992' in subparagraph (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     next highest multiple of $10,000.
       ``(D) Definitions.--For purposes of this paragraph--
       ``(i) Qualified individual.--The term `qualified 
     individual' means, with respect to any federally declared 
     disaster, an individual whose principal place of abode on the 
     applicable disaster date is located in the disaster area and 
     who has sustained an economic loss by reason of such 
     federally declared disaster.
       ``(ii) Applicable period.--The applicable period is the 
     period beginning on the applicable disaster date and ending 
     on the date that is 1 year after such date.
       ``(iii) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(iv) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to loans made with respect to disaster declared 
     after December 31, 2011.
       (d) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any 
     amendment to any plan or annuity contract, such plan or 
     contract shall be treated as being operated in accordance 
     with the terms of the plan during the period described in 
     paragraph (2)(B)(i).
       (2) Amendments to which subsection applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any provision of, or amendment made by, 
     this section, or pursuant to any regulation issued by the 
     Secretary or the Secretary of Labor under any provision of, 
     or amendment made by, this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2014, or such later date as 
     the Secretary may prescribe.

     In the case of a governmental plan (as defined in section 
     414(d)), clause (ii) shall be applied by substituting the 
     date which is 2 years after the date otherwise applied under 
     clause (ii).
       (B) Conditions.--This subsection shall not apply to any 
     amendment unless--
       (i) during the period--

       (I) beginning on the date that the provisions of, and 
     amendments made by, this section or the regulation described 
     in subparagraph (A)(i) takes effect (or in the case of a plan 
     or contract amendment not required by the provisions of, or 
     amendments made by, this section or such regulation, the 
     effective date specified by the plan), and
       (II) ending on the date described in subparagraph (A)(ii) 
     (or, if earlier, the date the plan or contract amendment is 
     adopted),

     the plan or contract is operated as if such plan or contract 
     amendment were in effect; and
       (ii) such plan or contract amendment applies retroactively 
     for such period.

     SEC. __. NONAPPLICATION OF DAVIS-BACON.

       The wage-rate requirements of subchapter IV of chapter 31 
     of part A of subtitle II of title 40, United States Code 
     (commonly referred to as the ``Davis-Bacon Act'') shall not 
     apply with respect to any project or program carried out in 
     whole or in part with Federal funds in any Federally declared 
     disaster area. This section shall apply to any project or 
     program contract entered into during the 1-year period 
     beginning on the date of disaster declaration involved.

     SEC. __. MANDATORY POSTPONEMENT OF DEADLINES BY REASON OF 
                   DISASTERS OR TERRORISTIC OR MILITARY ACTIONS.

       (a) In General.--Section 7508A of the Internal Revenue Code 
     of 1986 is amended by striking ``may specify a period of up 
     to 1 year'' each place it appears in subsections (a) and (B) 
     and inserting ``shall specify a period of 1 year''.
       (b) Conforming Amendments.--
       (1) The heading for section 7508A of such Code is amended 
     by striking ``AUTHORITY TO POSTPONE'' and inserting 
     ``POSTPONEMENT OF''.
       (2) The item relating to section 7508A in the table of 
     sections for chapter 77 of such Code is amended by striking 
     ``Authority to postpone'' and inserting ``Postponement of''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to disasters and terroristic or military actions 
     occurring

[[Page S8474]]

     on or after the date of the enactment of this Act.

     SEC. __. TEMPORARY SUSPENSION OF BOUTIQUE FUEL REQUIREMENT 
                   AND ETHANOL MANDATE.

       (a) Boutique Fuel Requirement.--Section 211(c)(4)(C) of the 
     Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
       (1) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi); and
       (2) by adding at the end the following:
       ``(vii) Suspension.--The Administrator shall suspend a 
     control or prohibition respecting the use of a fuel or fuel 
     additive required or regulated by the Administrator pursuant 
     to this subsection for any area for which the President 
     declared a major disaster in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) during the 90-day period 
     beginning on the date of the declaration.''.
       (b) Ethanol Mandate.--Section 211(o)(7) of the Clean Air 
     Act (42 U.S.C. 7545(o)(7)) is amended by adding at the end 
     the following:
       ``(G) Suspension.--The Administrator shall suspend the 
     requirements of paragraph (2) for any area for which the 
     President declared a major disaster in accordance with 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170) during the 90-day 
     period beginning on the date of the declaration.''.

     SEC. __. OTHER RELIEF.

       Section 301 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5141) is amended by 
     inserting ``at its own discretion or'' before ``if so 
     requested''.

     SEC. __. WAIVER OF CERTAIN REQUIREMENTS FOR VESSELS IN 
                   DISASTER AREAS.

       Notwithstanding section 501 of title 46, United States 
     Code, during the 14-day period beginning on the date of the 
     enactment of this Act, the provisions of sections 55102 and 
     55103 of title 46, United States Code, shall not apply to a 
     vessel that is delivering merchandise or transporting 
     passengers to a port--
       (1) 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.); or
       (2) designated by the Secretary of Homeland Security as a 
     port of significant importance to an area referred to in 
     paragraph (1).

  The PRESIDING OFFICER. The Senator from Utah is recognized.
  Mr. LEE. Mr. President, it is important that we begin the long 
overdue process of reforming the way the Federal Government responds to 
catastrophic disasters.
  Too often Federal disaster relief has been reactive, bureaucratic, 
arbitrary, and billions of dollars are spent. Sometimes that happens 
with little or no accountability. Resources go unused, goals are not 
met, and redtape delays recovery. In the end, it seems Washington 
focuses sometimes solely on the price tag rather than on the people we 
are trying to help.
  The current model assumes that politicians and bureaucrats in 
Washington are best suited to decide where, when, and how best to 
allocate resources during an emergency, but common sense and decades of 
experience tell us otherwise. It is the people on the ground--local 
officials and emergency responders, of course, but also individuals, 
families, and voluntary organizations--who are best equipped to help 
communities respond and recover from disasters.
  As I looked into these issues, it became clear to me that even as the 
Federal Government has distributed billions for recovery with the right 
hand, regulations and bureaucracy have choked the recovery process with 
the left hand. Our recovery policy needs to be both more flexible and 
more consistent. Flood victims on the east coast deal with the same 
issues as flood victims in the gulf. Yet they are often faced with 
different rules and requirements. Federal policy should be clarified so 
that local officials and private citizens understand the process before 
a disaster occurs rather than having to deal with it and figure it out 
after the fact.
  My amendment would create permanent, substantive regulatory reforms 
to assist victims of all disasters. It would create no new Federal 
program or taxpayer burden. It would instead remove redtape and provide 
temporary but immediate regulatory relief for disaster victims and 
relief volunteers. It would make it easier for a family to access 
savings to begin immediate recovery. It would temporarily waive certain 
regulatory burdens for people providing essential services after a 
disaster. It would expedite shipping to ensure we can get critical 
materials to areas affected by a disaster. Most importantly, my 
amendment would make these reforms automatic so that communities could 
begin rebuilding immediately and without having to wait for Washington, 
DC, to act. These are important and I believe overdue reforms, and they 
represent a good first step toward improving our approach to disaster 
relief.
  I am pleased with the positive response this proposal has received so 
far, although I understand that some of my colleagues have concerns 
that a few of these substantive changes merit additional discussion and 
consideration.
  I believe these reforms ought to be permanent fixtures of Federal 
emergency response policy, and ideally they should be part of a more 
comprehensive package to overhaul how we respond to Federal disasters.
  I have spoken with my good friend Senator Hatch, the ranking member 
of the Finance Committee--the committee in which many of these reforms 
will and should properly be debated. He has expressed an interest in 
working with me on these reforms in the new Congress.
  I look forward to and encourage all of my colleagues to join me in a 
serious and meaningful dialog about these critical issues.


               Amendment No. 3373, as Modified, Withdrawn

  Mr. President, with that understanding, I withdraw my amendment 
because I am confident that a broader discussion will be good for the 
country and will result in reforms that will eliminate waste, 
facilitate quicker recovery, and deliver assistance to Americans most 
severely affected by disasters.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment of the Senator from Utah is withdrawn.
  The Senator from Montana.
  Mr. BAUCUS. I appreciate the Senator withdrawing his amendment. Had 
he not, I would have had to oppose it. It basically waives the Davis-
Bacon requirements instruction for the Sandy rehabilitation projects. 
It is a bad idea, and we shouldn't have been on that road.
  Second, it changes the Code with respect to giving rules and also 
with respect to penalties with respect to withdrawals from IRAs. I 
don't think that is a good idea.
  More importantly, the fancy term is, it makes this bill blue-slipped; 
that is, because it is a revenue provision the Senator is offering and 
it did not originate in the other body, the other body would say: I am 
sorry, under the Constitution, revenue bills have to begin in the other 
body--in the House. This didn't begin over there. It began here, this 
provision, and so they would not even take up the bill.
  For that reason, I am glad the Senator withdrew his amendment, 
because it would cause unnecessary problems for people who deserve a 
lot of help in the wake of Hurricane Sandy. I thank the Senator.
  Mr. President, might I inquire of the Chair or the chairman of the 
Appropriations Committee, who is managing this bill, whether I might 
speak on a subject? Now, I don't want to speak out of turn, but I was 
going to make a brief statement with respect to the fiscal cliff and 
urging a resolution, showing with the chart I have here that we are not 
that far apart, but I don't want to get in the way here. Given the 
managers' preference in how they manage the bill, I defer to the 
managers because it is their bill.
  Ms. MIKULSKI. If the Senator will withhold, the next amendment under 
our agreement was Senator McCain. He will be here in 5 minutes, so the 
Senator may proceed.
  Mr. BAUCUS. I will speak within that period of time. Thank you very 
much, and I thank both Senators.
  The PRESIDING OFFICER. The Senator from Montana is recognized.
  Mr. BAUCUS. Mr. President, President Kennedy once said:

       There are risks and costs to action, but they are far less 
     than the long-range risks of comfortable inaction.

  Here we are on December 28, just 3 days from what some have termed 
the ``fiscal cliff''--trillions of dollars in automatic tax increases, 
across-the-board spending cuts, including cuts in Medicare payments, 
unemployment benefits, and more.
  I rise today to call on the Congress and the President to take 
immediate action to resolve the year-end fiscal challenges. We can do 
it. We are very

[[Page S8475]]

close together. The proposals are not that far part.
  I make this call on behalf of the people I work for in Montana. My 
bosses have given me clear marching orders, three simple words: Get it 
done. I believe their neighbors all across the country agree. It is 
about time we listened.
  In all the hype and the rhetoric here on Capitol Hill, many have lost 
sight of our fundamental duty to serve the American people. It is time 
to put politics aside and remember what is at stake for working 
families, farmers, and small business owners across our country.
  If Congress fails to act by the New Year's deadline, nearly every 
American will be hit with a tax hike, including 400,000 Montana 
families. That is approximately $2,000 out of the pockets of America's 
working families. About 125 million American workers will see smaller 
paychecks as a result of higher payroll taxes.
  More than 2 million Americans will lose the Federal unemployment 
insurance that helps keep a roof over their heads while they look for 
work.
  About 98,000 Montana parents will see a tax hike of $1,000 if they 
loose the child tax credit, and thousands more will be hit by the loss 
of the earned-income and American opportunity tax credits.
  As many as 28 million Americans and 52,000 working Montanans will be 
forced to pay the alternative minimum tax.
  Across-the-board mandatory spending cuts mean thousands of Federal 
employees will lose the jobs that put food on the tables for their 
families. Agencies in charge of keeping America safe, such as the FBI, 
Border Patrol, Department of Defense, and others, will be short-
staffed.
  Families may lose farms and ranches that have been passed down for 
generations because of the estate tax hike. These aren't wealthy 
aristocrats. They are honest, hard-working people who get dirt under 
their nails every day to put food on their tables. All they want in 
return is to pass the land they work on, on to their kids and on to 
their grandkids. These are not just numbers on a page. These are 
people. We work for them. They are our employers.
  Montana families sit down together at their kitchen tables every 
month and make tough choices to make ends meet. They deserve a Congress 
that could do the same.
  Unfortunately, the list of last-minute legislation doesn't stop with 
the fiscal cliff. Our rural economies will take a big hit if the House 
fails to pass a farm bill. Make no mistake, the farm bill is a jobs 
bill. Agriculture supports 60 million jobs nationwide. In Montana, one 
in five jobs is tied to agriculture, and the Senate farm bill supports 
those jobs while also cutting spending by $23 billion. This bill is 
part of a responsible solution.
  There is absolutely no excuse for inaction. I call on the House to 
bring the Senate farm bill up for a vote immediately. Our farmers and 
ranchers break their backs to put food on their tables every day. At 
least they deserve an honest, fair, up-or-down vote on their jobs bill.
  Failure to reach agreement on these critical year-end issues will 
certainly cause market volatility and shock the greater economy. 
Experts predict that failure to reach agreement on the fiscal cliff 
will cause the economy to contract in the year 2013 by one-half 
percent, likely causing unemployment to climb to 9.1 percent, pushing 
our Nation back into recession.
  But it doesn't have to be this way. It is only because of 
stubbornness and stagnation on both sides of the aisle that we find 
ourselves facing this great challenge at the eleventh hour. The blame 
game has shifted into full gear, but there will be no winners if both 
sides continue to play this game of chicken.
  The United States is at a critical juncture. We can come together and 
show the world America is still the leader of a global economy or we 
can let obstructionism turn this country into a second-rate superpower.
  Just last week, I was doing some last-minute holiday shopping for my 
family. While in one store, I asked the sales clerk how business was 
going. We got to talking, and she told me how numbers were dramatically 
down this year. She said people were worried. With so much uncertainty 
about the future and the fragile economy, she said it was hard to 
convince people to spend their hard-earned money on gifts.
  That word, ``uncertainty'' is one I have heard quite often lately. 
Whether it is industrial leaders on Wall Street, small business owners 
on Main Street or farmers and ranchers on country roads, they are 
worried about the future. They understand confidence matters in our 
economy.
  It is time to act right now, today. We have a chance to earn back the 
confidence of the people we work for and show the world America is 
still the safest bet in the world.
  To give families and businesses certainty to start down a sustainable 
fiscal path, Congress and the President must agree on a balanced plan. 
They must ramp up over time and cut spending, while at the same time 
asking a little more from those who can afford it. The math will not 
work any other way. The clock is ticking. It is time to stop 
campaigning and start listening. It is time to make the tough choices 
the American people sent us to make.
  The President is meeting with congressional leaders at this very 
moment. My message to them is simple: We can do this. We can get this 
done, and we must. It is our responsibility.
  Here is a comparison of the latest grand bargain proposals made by 
the President and Speaker Boehner. As you can see, we are not that far 
apart. There is not a lot of difference. There are compromises that can 
be made on both sides. We are not far from an agreement on a balanced 
plan--a plan that will bridge the fiscal cliff.
  A balanced plan will encourage businesses to invest, enabling 
investors to return to the markets with confidence. Most important, a 
balanced plan will put Americans back to work in a growing economy.
  I understand time is short, New Year's Eve fast approaching. But I 
believe in life we have only two choices: try or do nothing. To ask the 
question is to answer it: Of course we try. If we try, we have another 
question to ask ourselves: Do we try our best? Of course, to ask that 
question is to answer it as well: We try our best.
  I choose to try, I choose to try my best, and I ask you to join me in 
that effort.
  Our first choice is a grand bargain that puts this issue to bed once 
and for all. That is unlikely, to be honest, this late in the game. But 
it is still my first choice, and we should still try.
  At the very least, we owe the American people a plan that addresses 
the immediate challenges and gives Congress additional time to reach a 
bigger deal. It will show we can work together across party lines, and 
it will set the tone for the tougher discussion we need to have to 
enact a long-term and comprehensive deficit solution.
  The American people are calling on us to act. They are calling for 
compromise, for common sense. It is time to put progress ahead of 
politics.
  As President Kennedy warned, we cannot be lulled into comfortable 
inaction. We need to face this challenge head on and use it as an 
opportunity to put our economy back on track. So let's get to work.
  I thank the managers of the bill for giving me this time, and I yield 
the floor.
  Ms. MIKULSKI. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Remembering Dan Inouye

  Mr. ROCKEFELLER. Mr. President, I wish to talk for just a couple 
minutes about Senator Inouye. I know I am late in the process, and that 
is partly why I am doing it--because I wanted to be late in the 
process.
  I had been in the Senate 1 day back in 1985, and Dan Inouye came to 
visit me in my office. He was up here; I was down here. He introduced 
himself. We talked about our States. He had all kinds of seniority and 
amazing qualities, I was nothing and he came to see me. I am sorry, but 
you don't forget things such as that. It says something about him, 
which went through his life. That is just the way he was.

[[Page S8476]]

  From there, a long friendship began. While I believe he looked at me 
as a friend, I looked to him as so much more than that. He was in a 
total sense a mentor with sort of a Confucian touch. He was of Japanese 
heritage and I had an interest in Japan and he had a way of imparting 
judgments and wisdom which were in the Eastern method, very subtle. He 
was not always that way, but he could be, and he was with me.
  I learned from him how this Chamber works and how to get things done. 
I watched the way he did them--not with a heavy fist or sharp words but 
with thoughtfulness and hard work, a commanding presence, that voice--
that voice--and genuine relationships, including across the aisle. He 
believed in action. He believed in getting things done through hard 
work and through determination. He had very much of an agenda.
  Dan, of course, was one of our Nation's ultimate war heroes--not only 
because of his service and sacrifice but also somebody who stood for 
his country, even when his country did not immediately stand for him.
  Dan's courage and iron will were evident as he fought on the 
battlefield, taking bullet after bullet, yet continuing to get back up. 
A tough soldier. He fought for the people of Hawaii every single day 
that he lived in public service.
  His love of his State and every Hawaiian was so abundantly clear 
through his massive list of accomplishments--an overwhelming list of 
accomplishments. Since Hawaii became a State, Dan had been working for 
it as the first Congressman ever elected by the State and only the 
third Senator. His efforts are clear in his State's roads, bridges, 
airports, schools, military bases, health care, oceans, and almost 
every aspect of American life that reached to the Islands. He played a 
truly momentous role in making Hawaii what it is today.
  Dan and I worked together on the Commerce Committee for 27 years. I 
always felt very close to him. I remember sitting with him quietly, 
maybe sharing a joke when I was lucky enough to be sitting beside him 
but most often just listening. He was thinking, waiting for a 
discussion to ripen. He never once spoke just for the sake of it. Yet 
when he did speak, watch out.
  I watched him a number of times, which I could well recite, when he 
took an argument that the Commerce Committee had let ripen, and then, 
through the force of his argument, his quiet demeanor, and that 
powerful face and his calmness, turned the argument 180 degrees from a 
yes to a no or from a no to a yes, people simply following the power of 
his logic and strength.
  Dan didn't want us to be in awe of him, but many of us were anyway. 
His integrity and his authenticity were momentous. He approached policy 
and public service with a pure heart.
  As chairman of the Appropriations Committee--to be succeeded by the 
wonderful Senator from Maryland--and the Defense Appropriations 
Subcommittee, he was respected by everybody on both sides of the aisle. 
He was a task master. He could be tough. He ran a tight and highly 
disciplined ship but was unfailingly courteous and generous.
  I have no doubt that one of the most difficult decisions he ever had 
to make was to implement the ongoing ban on congressional earmarks. Dan 
Inouye believed in congressional earmarks, as does the current speaker. 
He was adamant in his support and the constitutional right of Members 
to direct investments to their States, but he recognized that his bills 
had no chance of being enacted into law in the current political 
climate.
  He fought back against Draconian funding cuts in the Ryan budget and, 
in a very partisan environment, moved all 12 of his bills for the 2012 
fiscal year. He wasn't inactive. He was always on his game. Just in 
this lameduck session, he turned a disaster relief request from the 
President into a finished bill to help so many States and families 
impacted by Hurricane Sandy. These are large accomplishments.
  His family was so deeply important to him. It has been wonderful for 
my wife Sharon and me to see the utter joy that Dan's wife Irene 
brought to him in these recent years, the happiness she gave him, the 
twinkle in his eye and the privilege of just getting to know her, a 
remarkable and strong woman. Our hearts obviously are with Irene and 
Dan's son Ken now.
  Dan's is an awesome legacy and always will be, a legacy of character, 
of honor, and of service. So I say: Dan, thank you for what you have 
shared with each of us and for the life of service you gave to this 
country and your State that you loved so very much.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I thank the Senator from West Virginia for 
his deeply moving and heartfelt sentiments concerning our dear and 
departed comrade, Senator Inouye, a unique man. Never will the Senate 
of the United States of America see his like again.
  I thank the Senator from West Virginia for his very important and 
moving tribute.


                           Amendment No. 3355

  Mr. President, I ask unanimous consent to call up pending amendment 
No. 3355.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself and Mr. 
     Coburn, proposes an amendment numbered 3355.

  The amendment is as follows:

   (Purpose: To strike funding for the emergency forest restoration 
                                program)

       Beginning on page 2, strike line 16 and all that follows 
     through page 3, line 2.

  The PRESIDING OFFICER. Under the previous order, there will be 8 
minutes of debate equally divided on amendment No. 3355 offered by the 
Senator from Arizona. The Senator from Arizona is recognized.
  Mr. McCAIN. Mr. President, I thank the manager of the bill for her 
patience during this difficult time of many amendments and other 
priorities. I thank her for her patience and her courtesy as well as 
our Republican manager, the Senator from Mississippi.
  This amendment is very minor in nature when we look at a $60 billion 
piece of legislation. But I think it has a certain amount of symbolism 
associated with it, which is why I bring it up, symbolism we all want 
to respond to an emergency and a tragedy such as befell the people of 
the Northeast as a result of this terrible hurricane and ongoing 
tragedies that continue. Our hearts go out to them. It is clearly an 
obligation of the Congress and President to do whatever is necessary to 
provide what comfort and relief we can to them. It is one of the 
obligations of government we all recognize.
  But also, over the years, I have seen the tendency as one of these 
things happens, as they do from time to time, tragically, that we have 
a tendency to put money in things we otherwise would not get so easily 
or funds for programs that have nothing to do with addressing the 
tragedy or just an excess of funds in an act of generosity on the part 
of the Congress of the United States. That might be OK--might be OK 
under certain circumstances, but we have a $16 trillion debt. To 
appropriate more money without adequate justification for doing so is 
something that, sooner or later, we will have to stop.
  I guess it was Margaret Thatcher who once said the problem with 
socialism is that sooner or later you run out of other people's money. 
My friends and colleagues, sooner or later we are going to run out of 
other people's money because they are going to stop lending it to us 
because we have a $16 trillion debt. Even though this is a relatively 
minor item, I think it is kind of symbolic of what we do around here. 
It is concerning the $58 million we are going to spend for the 
Department of Agriculture Forest Restoration Program for planting trees 
on private property.
  Let me make that clear. We are going to spend $58 million for 
planting trees on private property. This amendment would strike that 
provision. This tree planting program called the Forest Restoration 
Program is actually a farm bill subsidy that was created in 2008. It is 
run by a relatively unknown government office called the Farm Service 
Agency, whatever that is, which was primarily responsible for

[[Page S8477]]

managing crop insurance in rural counties. Under the program, 
``nonindustrial private forest landowners'' can apply for up to 
$500,000 for a range of forest restoration activities, including tree 
planting.
  Why is that the role of the Federal Government? Why is it the role of 
the Federal Government to pay for trees to be planted on private 
property, much less funded in a bill to repair the damage done by a 
hurricane.
  There is nothing in the supplemental that limits the funding to just 
Hurricane Sandy. Under this bill, the $58 million can be used anywhere. 
According to the U.S. Forest Service, approximately 45 percent of all 
forest land in the United States qualifies as ``nonindustrial private 
forestland.'' These lands are owned by approximately 11 million 
landowners, many of whom have holdings of fewer than 50 acres on 
average.
  We know this program has cash. It received $11 million from Congress 
in 2010. It received an additional $28 million in the 2011 Omnibus 
Appropriations Act, more than doubling the program.
  The Senate is proposing to double this subsidy again to $58 million. 
We know from the U.S. Department of Agriculture records the majority of 
funding has been used in past years for wind damaged trees in 
Mississippi, Georgia, and Tennessee. There remains an unobligated $15 
million in the program's account.
  I say to my colleagues, $58 million here, $58 million there, sooner 
or later it runs into real money. In fact, it runs into a $16 trillion 
debt. I come from a State, I say, Mr. President, where we love trees. 
We have not enough of them. In some parts of our State we have a lot of 
them. In some parts of our State it is kind of bleak--but beautiful. 
But I am not asking for any money for private owners in my State to 
plant trees. I think they can do that themselves.
  Again, it is only $58 million. Maybe I am taking up the time of the 
Senate when we are talking about $60 billion, but it is an example, an 
outstanding example, of the kind of excess that does not have the 
priority to spend another $58 million of the taxpayers' money.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, first, I thank the Senator from Arizona 
for coming to the floor and debating this amendment because it means we 
can move our bill in an expeditious way. I wish we could be solving the 
issues around the fiscal cliff with such civility, watchful rigor, and 
a commitment to the taxpayer.
  Having said that, however, I rise to oppose the Senator's amendment. 
The Emergency Forest Restoration Program was established after 
Hurricanes Katrina and Rita. It does help owners of private forest land 
carry out emergency measures to restore land damaged by a natural 
disaster. This is not just trees falling. It has recently been used to 
provide assistance to tornado damaged land across the Southeast: 
Alabama, Georgia, Mississippi, North Carolina, Tennessee, and Arkansas. 
As the Senator from Maryland, the Presiding Officer, knows, when a 
hurricane hits, people, homes, and landscape are uprooted.
  The program provides a 75-percent cost share for the work. The 
landowner has to provide the other 25 percent. In order to participate 
in this program, there must be an onsite inspection to determine the 
type and extent of damage caused by the disaster, and it must show that 
the damage, if untreated, would endanger our natural resources or 
materially affect the future use of land around it.
  If the physical inspection determines this land qualifies for the 
program, funding can be provided to remove damaged timber, clean up the 
damaged trees, and take those activities to prevent future forest fires 
that can certainly spread beyond the private forest. In the long run, 
some of these issues, if not controlled, could cause much greater 
damage and cost much more money.
  Funding for this program was included in the administration request 
for the supplemental, but it is limited only to Sandy. We are not doing 
this as a new program that will occur in every disaster. Just as we did 
for Katrina and for Rita, the bill was done for that. This would be 
limited only to those geographic areas affected by Hurricane Sandy.
  Historically, when disaster supplementals are considered, funding to 
eliminate the full EFRP backlog was included. This practice has been 
historically supported by both sides of the aisle. We hope it is 
continued in this bill. I respectfully urge all Senators to oppose this 
amendment.
  Mr. President, we are moving very well on this bill, and we expect to 
have votes on these amendments when our colleagues return from the 
White House beginning shortly, around 4 o'clock. We note there is 
another Senator who wishes to speak, but I, both in terms of the chair 
of the full committee as well as the Senator from Maryland, along with 
my colleague presiding, do want to speak about this supplemental.
  As we are drawing to a close with very few amendments left, I hope my 
colleagues will pass this supplemental appropriations and view it 
urgently. In Maryland, we were hit in Hurricane Sandy. We were hit in 
two ways. No. 1, a hurricane on the Eastern Shore and up and down the 
Chesapeake Bay, over 2,500 miles of shoreline, the Maryland part of the 
bay, the big bay, the inlets, the coves, the peninsulas--all of which 
were vulnerable during Hurricane Sandy. Parts of our lower shore were 
absolutely devastated.
  While we were fighting the ravages of the hurricane and the wind and 
the rain, up in western Maryland it took the turn that it was a 
blizzard, a blizzard in western Maryland. Mr. President, you received 
the same calls I did, county commissioners saying the roads were 
blocked, 90 percent of the power was down. The National Guard had to be 
called out because only they had the muscle vehicles to clear the roads 
so the emergency power could get in. State Troopers were rescuing 
people on snowmobiles and down in the lower shore they were going in, 
in swift boats, to pull out the elderly and other vulnerable 
populations. It was just awful.
  As the storm moved up and down the coast, community after community--
small like ours, large like New York City--was pounded and pounded by 
this devastating hurricane. All of America watched. We all held our 
breath. We all feared the worst and we saw the worst. At the same time, 
we saw the indomitable spirit of the American people hanging on to 
their home, praying for their livelihood.
  While all that was going on, the President visited the Governors on 
both sides of the aisle to say you have the United States of America 
behind you. The United States of America being behind you, whether you 
are Governor O'Malley or Governor Christie or Governor Cuomo or the 
other Governors, means we need to pass this bill. We want to pass it 
because we know that lives were devastated and livelihoods were ruined.
  In Maryland, we faced these unique challenges: hurricane, blizzards, 
urban and rural communities affected. In our own lower shore, Somerset 
County was hit.
  That has one of the highest unemployment rates in the State, close to 
10 percent; 18 percent of the residents live below a line of $35,000 a 
year. What I said then and what I say now: They were rich in community 
spirit, but they don't always have a lot of cash. Why? Because their 
jobs are in agriculture, seafood--industries that were hard hit by the 
decline in species, drought, and high fuel prices.
  Families live in the same house for one, two, and three generations. 
An appraiser might come by and wonder what the value is of that house. 
If a family inherited the house from their mom, dad, or grandpa--some 
families go back to the days of the Underground Railroad--that house 
means something to that family. How do we restore them? How do we get 
the mold out? How do we get them back and functioning? Well, that is 
what this bill is all about.
  You and I fought tooth and nail to get our State the assistance it 
needed--not only our State but the other States as well--because we are 
the United States of America. We hit some bureaucratic roadblocks along 
the way, but thanks to the President and Mr. Fugate, the Administrator 
for FEMA--and, wow, didn't he do a good job--and the creativity of 
Shaun Donovan at

[[Page S8478]]

HUD, we all felt we were in it together. I thank them for their work.
  What does that mean? Just in Somerset County alone, 619 people have 
applied for individual assistance. They were eligible for about $1 
million. When we are talking about all of this money, $1 million might 
not mean a lot in the Federal budget, but it sure meant a lot in the 
Somerset County family budget.
  I am proud of what I did in working with you to help do this, and I 
am really proud of what our colleagues have done with their work on 
this legislation. We have outstanding subcommittee chairs, and I will 
talk about this in the wrap-up. They did a great job under President 
Obama's leadership, and the executive branch functioned in a prime-time 
way. Now it is up to us to function in a prime-time way and to move 
this bill.
  The supplemental package provides well-tailored resources. Yes, there 
was $11.5 billion for the FEMA Disaster Relief Fund and $17 billion in 
community development block grants for the restoration of 
infrastructure and housing, lives and livelihoods, and so the Corps of 
Engineers can repair and rebuild projects along the shorelines. These 
are the kinds of things this money will be used for. It is not to be 
spent on bureaucracy but on the restoration and recovery. It will 
actually put people to work rebuilding their communities.
  Now, we might want to talk about how we don't want to spend money on 
foreign aid, but I sure want to spend money on American aid. I want to 
rebuild America, and I want to talk about things such as an 
infrastructure bank another time. Right now, we have an opportunity to 
come to the aid of fellow Americans, who in many instances are quite 
desperate, to restore those communities and do the kind of 
infrastructure we need in order to rebuild physical infrastructure and, 
I might add, emotional infrastructure.
  I strongly support this legislation that I bring before the Senate 
today. I ask that my colleagues join me in moving it forward. At the 
end of the day, if we pass this bill, it will be a better day for all 
of those who were so hard hit by Hurricane Sandy.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Kansas is recognized.


                            The Fiscal Cliff

  Mr. MORAN. Mr. President, I would like to thank the Senator from 
Maryland for allowing me the opportunity to speak during this 
discussion of the supplemental appropriations bill. Also, it is my 
first opportunity to publicly congratulate the Senator from Maryland on 
her achievement of becoming the chairman of the committee I am a member 
of, and I look forward to working with her on an ongoing basis over the 
next 2 years as we work our way through appropriations bills. I look 
forward to seeing that we do right and well and that we appropriately 
take care of the taxpayers' dollars.
  While the supplemental is important--and I am anxious that we move 
forward and vote on the amendments and its final passage--I would like 
to take this moment to speak, here on December 28, on the reason we are 
back in Washington, DC--the so-called looming fiscal cliff. It is 
unusual for the Senate to be in session at this point in time, just a 
few days after Christmas and a few days before the New Year. I believe 
it has not been since 1970 that the Senate has cast votes during this 
period of time.
  Our country faces a significant financial challenge, and I hope the 
House, the Senate, and the President are up to the task. I want to 
reach an agreement. I want to avoid finding out the consequences of no 
agreement. We have heard the predictions of the Congressional Budget 
Office that suggest that the U.S. economy will be driven back into a 
recession should we go over the cliff. There is a projection of 
increasing unemployment rates, a reduction in real GDP, and the amount 
of debt held by the public will increase. I do not want our economy, 
the American people, the taxpayers, the business men and women of our 
country to suffer the risks of inaction by Congress and the President.
  But while meetings are ongoing now at the White House--and I hope 
there is some semblance of progress that we learn about shortly--it 
does seem to me that we are at this final hour with a lack of any 
significant progress to deal with the fiscal cliff issue. We need 
leadership. We need the President's leadership. We need leadership by 
Republicans and Democrats, and we need the House and Senate.
  While I say I want an agreement, I am also willing to appreciate the 
fact that I will not get everything I might want in an agreement. The 
consequences of our failure seem to me to be so significant that we 
ought to find common ground.
  Now, I understand we might reach an agreement that deals with a 
portion of the so-called fiscal cliff. I want to point out that we are 
only really talking these days about the tax consequences of the fiscal 
cliff. I don't know exactly how the phrase ``fiscal cliff'' came into 
existence. I don't know where those words came from. I don't know 
exactly what they mean. I think they probably mean different things to 
different people.
  It seems to me the fiscal cliff we face is based upon sequestration. 
This plan that was put in place by the Budget Control Act would reduce 
spending by $1.2 trillion in both defense and nondefense as well as the 
debt ceiling, which our Treasury Secretary says needs to be addressed. 
The peak will be reached, the balance necessary to be raised, on 
December 31. We might want to include the doc fix, which is the 
Medicare set of payments we make on a short-term basis to keep 
physicians seeing Medicare patients. Certainly, the deficit and debt 
our country faces are a part of that fiscal cliff.

  It seems to me that we are only dealing with the issue of taxes. I 
want to avoid taxes being raised on any American. I may not have that 
opportunity, but we ought to do everything we can to make certain the 
Tax Code is unchanged in regard to those who are currently paying 
taxes. For more than 10 years, we have had a tax code that treated 
taxpayers a certain way, and in my view, any tax increase is damaging 
to the economy. Having said that, that I might not get everything I 
want, there are consequences of not dealing with this issue that may be 
beneficial even though a tax increase on anyone would be detrimental. 
So there is this opportunity for give-and-take to make certain that if 
there is a tax increase on anyone, there is a corresponding benefit 
that overcomes the damage to the economy in regard to this issue.
  We need to understand that while we are talking about taxes, we are 
talking about a tax increase that will affect everyday Kansans and 
everyday Americans. The research I have seen indicates that a teacher 
in my State making $43,000 a year, in the absence of us dealing with 
this issue, his or her taxes would go up $3,000 a year, which is about 
$250 a month. That does not include the end of the temporary payroll 
tax holiday, the new ObamaCare tax increases, or the alternative 
minimum tax, which affects taxpayers at income levels of more than 
$33,750.
  So I am hoping we can deal with the tax issue, but I don't want us to 
forget there are other significant issues our country faces. Almost 
none of the conversation coming from the White House or the discussions 
over the last few days, weeks, and months have dealt with the deficit, 
which is so compelling.
  As I drove down the roads from one side of the State to the other for 
Christmas, with one side of our family in western Kansas and the other 
side of our family in eastern Kansas, I was thinking less about 
Christmas at that moment and more about what to do if we have a short-
term so-called kick-the-can-down-the-road--a 60-day or 30-day 
extension.
  It seems that we owe Americans something much greater than just 
delaying the consequences of our inaction to date. We desperately need 
to deal with the big issues. We have no choice but to move forward with 
just the small items that are before us today, but we especially need 
to deal with the deficit and debt problems our country faces. We cannot 
afford to kick the can down the road.
  I read a letter from a constituent of mine who wrote to me back 
during the debt ceiling debate. I think what she said is still 
important for us today. This is a letter from Gina Reynolds from 
Shawnee, KS. She says that she believes America is the greatest country 
on Earth. She says:

       I believe we have the greatest country on Earth, but our 
     inability to compromise and stop acting like spoiled children 
     saddens me.

[[Page S8479]]

     The Founding Fathers were able to compromise and write a 
     document that has stood the test of time for 235 years. Can 
     we not now do the same? Please do the right thing for the 
     American people, the ones . . . hurt by this self-produced 
     impasse.

  I want the impasse to come to an end. I want us to reach an 
agreement. I want us to deal with the Tax Code that changes on January 
1. But I do not want us to avoid the opportunity to deal with the most 
significant problem and challenge our country faces--the fiscal 
challenge of our deficit and debt.
  I yield the floor .
  The PRESIDING OFFICER (Mr. Whitehouse). The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I rise to talk about the looming 
financial crisis that all of us here are trying to solve. We are here 
because we know that in 4 days something that will affect every 
American family in not a very good way is going to happen. We are 
talking among ourselves, and we are trying to see what could be given 
on each side of the debate and where we are together. In many areas, we 
are already together.
  The President has said he is for AMT relief, and most certainly we 
are as well. There are other areas where we are in agreement, such as 
relief from the marriage penalty and the child tax credit, which have 
helped so many American families. Yet we seem to dwell on where we are 
apart and not start with where we are together.
  As we speak, our leaders are meeting at the White House. Our majority 
and minority leader in the Senate and the Speaker and the minority 
leader in the House are meeting with the President. It will be 
remembered about the President's term and it will be remembered by 
Members of Congress if we don't do something that is a compromise. At 
this point, it has to be bipartisan. There is no question that 
something has to pass the House and the Senate with votes from the 
minority party of each chamber.
  We have to go to the drawing board, and I hope there is a plan laid 
out at the White House with the leaders from which we can start that 
real negotiation. Now, many would say: Really? Should we start now, 2 
or 3 or 4 days out?
  Well, no. We should have started about 6 months or a year ago, no 
doubt about it, but we are where we are. So what can be done in a 
significant way that will ease the concerns of the American people 
right now? No one wants to see tax increases on every American. No one 
wants to see America's defense budget decimated, which is what will 
happen automatically with no action on January 2 with sequestration. No 
one wants to see unemployment tick up, and no one wants to see another 
recession when we have barely started on a very slow road to recovery 
from the last one.
  The consequences are enormous. For instance, the child tax credit is 
$1,000 per child and refundable today. On January 1 of next year, it 
will be $500 per child and not refundable. The adoption tax credit, 
which has helped many American families ease the cost of adoption while 
giving a home to children who wouldn't have one otherwise today, is a 
$12,650 deduction. As of January 1, it would be $6,000 and not 
applicable to any child except one with special needs. Even though that 
is a wonderful thing, why not continue the full amount for every child 
who is adopted.

  The marriage penalty relief will be significantly reduced if we don't 
do something by January 1.
  This is something that hasn't been talked about very much: If an 
employer provides education assistance, up to $5,250 of the cost of 
this assistance may be excluded from their tax payment. That provision 
expires, so that is a huge disincentive for employers to help their 
employees further their education, which is in everyone's best 
interests. Today student loan interest deductions are $2,500 per year. 
That is an interest deduction to pay back a student loan, where someone 
has had the initiative to get their higher education and borrowed to do 
it. In 2013, this deduction will only be available for 5 years of 
interest payments.
  The alternative minimum tax, which was meant to hit millionaires when 
it was enacted years ago, hit an income of $48,000 for an individual 
and almost $75,000 for a couple in 2011. Because it expired at the end 
of last year, for tax year 2012, the AMT has gone to $33,000 for an 
individual and $45,000 for a married couple. A married couple making 
$45,000 with two children, maybe in college, should they pay an 
alternative minimum tax? This doesn't make sense to anyone in our 
country, and it is time we came together to face reality. The reality 
is we are on the brink of letting a bad thing happen because we are so 
divided on the edges and we can't come to terms.
  There are areas I have talked to my Democratic colleagues about where 
I know we are together. Fixing the AMT is one. Another one is the 
estate tax. Today, over 80 percent of the value of a ranch or a farm is 
a nonliquid, land-based or equipment-based asset. That means if someone 
dies and they have to pay an estate tax over $1 million, which is what 
it will be January 1, often heirs have to sell at pennies on the dollar 
because they can't sell land or equipment for the value that is put on 
it for an estate. So we are going to throw family-owned farms into a 
liquidation, which cuts jobs of the people who are working there and 
also affects the businesses and rural communities they support in Texas 
and in many other states. None of us want that. I talked to my 
Democratic colleagues and they don't want that either. Today the 
exemption is $5.1 million--much more reasonable when we are talking 
about an asset that is virtually not sellable on the open market. We 
want to fix that so families can pass their businesses and farms and 
ranches to their heirs and keep the people who are working there in 
jobs.
  We know we need to boost our economy at the same time we need to take 
hold of the spending of government. That is something we have talked 
about for a long time because we know the debt is $16.3 trillion and we 
know the deficits, which are more than $1 trillion every year, are 
going to make that higher. It is unsustainable. So we have to address 
the revenue and we have to address the spending.
  Ms. MIKULSKI. Mr. President, if the Senator from Texas will yield for 
a moment, I don't want the gavel to come down during her presentation.
  We were scheduled to resume votes at 4 o'clock. I wish to ask 
unanimous consent for the Senator from Texas to finish her statement 
and then Senator Leahy be recognized to make a few remarks. We know the 
leadership is on their way back from the White House. So I ask 
unanimous consent that votes resume at 4:15 after the Senator from 
Texas completes her remarks and after the Senator from Vermont speaks 
for a few minutes to debate the Rand Paul amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Mr. President, I thank the distinguished chairman of 
the Appropriations Committee as well as the ranking member because as 
soon as our leaders get back from the White House I certainly want us 
to be able to go forward and vote.
  To finish my remarks, we must take hold of our financial situation. 
There is no doubt we are spending too much, we are borrowing too much, 
and I believe we are taxing too much. It is time for us to hold the 
line on taxes so they do not go up for the people who would hire 
people. At the same time, we know we must cut responsibly. We must set 
our priorities and put a ceiling on spending in this country.
  I understand that is going to take more time than the next 4 days, 
but I implore my colleagues to not let the jolt happen on December 31 
at midnight that would hurt our economy, possibly put more people out 
of work, and jeopardize their family incomes which, in many cases, are 
barely able to make ends meet today. Let's come together where I know 
from talking to my Democratic colleagues we could come together. If we 
can do the things that are necessary to bring us together to avoid this 
cliff, we need to do everything in our power to do it.
  I thank the Chair, and I certainly wish to yield the floor to the 
Senator from Vermont. I just hope that before December 31 at midnight, 
if we have to be here to do it, we will come to an agreement that will 
ease the tensions in the marketplace and in the American family and 
workplace so we can go forward and give the new Congress the time to 
look at all these issues and come to the terms of a government that has 
a Democratic majority in the

[[Page S8480]]

Senate, a Republican majority in the House, and a President in the 
White House whom I hope will bring everyone together.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.


                           Amendment No. 3410

  Mr. LEAHY. Mr. President, I thank the distinguished Senator from 
Texas. As I said earlier on the floor this week, I will miss working 
with her. We have worked together on a number of things.
  I know my distinguished colleague, Senator Lindsey Graham, has 
already spoken on the amendment of the junior Senator from Kentucky 
which would offset a portion of the cost of the supplemental by 
rescinding unobligated funds from the fiscal year 2013 continuing 
resolution for the Department of State and foreign aid programs and 
operations of the U.S. Agency for International Development. I agree 
with him in opposing it.
  The fiscal year 2013 CR provides $13.4 billion for these national 
security programs. Of course, we are only 90 days into the fiscal year 
and $10.4 billion is not yet obligated. No matter how good an amendment 
such as this might sound, we need to talk about the reality. These days 
we seem to have two types of arguments, those that go to symbols and 
those that go to substance. Let me speak about the substance of what 
this amendment would do to all of our foreign assistance programs.
  It would effectively bring to a halt U.S. foreign aid programs around 
the world. It would shut down the U.S. Agency for International 
Development. The distinguished Presiding Officer and his family have 
experienced how important these programs are throughout the world.
  Let me tell my colleagues some of the things this amendment would do. 
It would force early termination of contracts that are based on the 
fiscal year 2013 budget request such as military aid for Israel and 
Egypt, potentially resulting in significant early termination and legal 
costs to U.S. taxpayers. It also tells these countries not to rely on 
us: We will make agreements with you, we will give you contracts, but 
we may change our mind 2 months into the fiscal year. Is this how the 
greatest, most powerful Nation on Earth should act? Come on.
  The amendment would reduce the amount available for these programs 
during the continuing resolution by 67 percent. The amendment sets a 
floor of $5 billion for these programs for all of fiscal year 2013; 
that would be a cut of 81 percent. It is not clear how or when 
additional funds would be provided. In fact, the lack of clarity would 
wreak havoc on operations and programs that have bipartisan support. 
That is why Senator Graham and I both spoke in unison on this. 
Republicans and Democrats across the political spectrum support these 
programs.
  It might make a good press release back home to say we are going to 
cut all this money from our foreign aid programs, particularly when no 
mention is made that these programs are a mere 1 percent of the entire 
Federal budget, but these programs represent a large percentage of the 
face of America throughout the world. This amendment represents a 
myopic misunderstanding of the world we live in, where our economy and 
our security are intricately linked with those of other countries. 
Frankly, a lot of countries wish we would do something such as this so 
they could step in with influence that would be counter to the 
interests of the United States.
  Now is not the time to abruptly end our lifesaving global health 
programs, including the PEPFAR initiative of the George W. Bush 
administration, which I and many Democrats and Republicans supported, 
and which also protects the health and safety of Americans living here 
and traveling and studying and working overseas.
  I would ask: Are we actually going to end anticrime programs in 
Mexico and Colombia or military and economic aid for Israel, Egypt, and 
Jordan? If anyone wants to eliminate all those programs, then vote for 
this amendment. But if colleagues want to keep anticrime programs in 
Mexico and Colombia and keep military and economic aid for Israel, 
Egypt, and Jordan, then vote against this amendment.
  This amendment would curtail relief aid for refugees and victims of 
natural disasters, from earthquakes to famines. How many times have we 
seen a tsunami or an earthquake and the world says: At least the United 
States of America is there. How about if we said: Sorry, we may be the 
wealthiest, most powerful nation on Earth, but we can't help you.
  How about the Peace Corps? Of course, this amendment would shut it 
down. The Millennium Challenge Corporation? It would shut that down. 
The list goes on and on.
  I mention these things because they have all had strong bipartisan 
support--Republican and Democratic support, both in Congress and in 
Republican and Democratic administrations.

  Let's not waste our time like this. It is a classic example of 
recklessly robbing Peter to pay Paul. We need Americans to help the 
victims of Hurricane Sandy rebuild their lives. But we cannot do it by 
eliminating programs that are critical to our economy and especially 
programs critical to our national security.
  This amendment also includes a new provision that would prevent all 
funds within this act from being considered emergency spending.
  Can any one of us stand on this floor with a straight face and say 
the devastating effects of the largest Atlantic hurricane in history is 
not an emergency?
  The PRESIDING OFFICER. If the Senator would suspend, the time for the 
vote has now arrived.
  Mr. LEAHY. Mr. President, I would ask consent for 2 more minutes.
  Ms. MIKULSKI. I am right here.
  Mr. LEAHY. Mr. President, I ask the manager of the bill, are you 
ready to vote? I will take 30 seconds.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that the Senator 
be allowed to finish his statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, when they say it is not an emergency, look 
at what happened with this hurricane. We lost 120 American lives. We 
lost 340,000 homes. We lost 200,000 businesses due to the effects of 
Sandy. If that is not an emergency, then I have not seen an emergency 
in all my years in the Senate.
  There are 12 States with disaster or emergency declarations in place 
due to Sandy's wrath. It produced an emergency disaster for our Nation. 
It should be considered as such through the appropriations process, and 
I applaud the Chair of the Appropriations Committee for moving this.
  I yield the floor.
  Ms. MIKULSKI. Regular order.


                           Amendment No. 3376

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 3376 offered by the Senator from Kentucky, Mr. Paul.
  Who yields time?
  If no one yields time, time will be charged equally to both sides.
  Ms. MIKULSKI. Mr. President, on our side, we yield all time back and 
are ready to proceed to a vote.
  The PRESIDING OFFICER. All time is yielded back.
  The question is on agreeing to the amendment.
  Ms. MIKULSKI. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), the Senator from Nevada 
(Mr. Reid), and the Senator from Virginia (Mr. Warner) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 42, nays 52, as follows:

                      [Rollcall Vote No. 243 Leg.]

                                YEAS--42

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker

[[Page S8481]]


     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--52

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Johanns
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--6

     Boxer
     DeMint
     Kirk
     Lautenberg
     Reid
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.


                           Amendment No. 3410

  Under the previous order, there will now be 2 minutes of debate 
equally divided prior to a vote on amendment No. 3410 offered by the 
Senator from Kentucky, Mr. Paul.
  Ms. LANDRIEU. Mr. President, I understand there is no more time 
necessary on this amendment, and we call for the vote.
  The PRESIDING OFFICER. Is all time yielded back?
  The question is on agreeing to the amendment.
  Ms. LANDRIEU. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich), the 
Senator from California (Mrs. Boxer), the Senator from New Jersey (Mr. 
Lautenberg), and the Senator from Virginia (Mr. Warner) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 3, nays 91, as follows:

                      [Rollcall Vote No. 244 Leg.]

                                YEAS--3

     Heller
     Lee
     Paul

                                NAYS--91

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--6

     Begich
     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER (Mr. Udall of New Mexico).
  Under the previous order requiring 60 votes for the adoption of this 
amendment, the amendment is rejected.
  Mr. REID. Mr. President, I am told by the manager of this bill, 
Senator Mikulski, that she thinks they can complete work on this 
legislation, the supplemental, in the next couple hours. I hope that is 
the case. Maybe they can even do it more quickly.
  Here is what the plan is. I talked to the Republican leader about 
this generally, not specifically. Everyone knows we have been to the 
White House. We have had a constructive meeting. We certainly hope 
something positive will come from that. The Republican leader and I and 
our staffs are working to see what we can come up with. It should not 
take a long time to do that.
  I think it would be to everyone's interest if we were not in session 
tomorrow. It is my plan to come in at 1 o'clock. We have an hour on a 
previous agreement that we have on Galante. There is an hour of debate 
on that. We would have a vote.
  Ms. MIKULSKI. What day?
  Mr. REID. Sunday. We have another vote that has been set up, Baer. 
That is a simple majority.
  Mr. McCONNELL. Mr. Leader, you are talking about Sunday, right?
  Mr. REID. Yes. We will have those votes, start the votes after 2, and 
then for us we will have another caucus following that. Hopefully, by 
that time, we will have made a determination, Senator McConnell and I, 
whether we can do something on the floor in addition to what I have 
just talked about. But I do think we need that time to have everybody 
kind of step back a little bit.
  If we come up with something, it is not that easy. We are dealing 
with big numbers and some of the stuff we do is somewhat complicated. 
But I think it was a very positive meeting. There was not a lot of 
hilarity in the meeting. Everyone knows how important it is. It was a 
very serious meeting, and it took an extended period of time, as you 
all know, waiting for us.
  I would like to have the Republican leader speak.
  Mr. McCONNELL. I share the view of the majority leader. We had a good 
meeting down at the White House. We are engaged in discussions, the 
majority leader and myself and the White House, in the hopes that we 
can come forward as early as Sunday and have a recommendation that I 
can make to my conference and the majority leader can make to his 
conference. So we will be working hard to try to see if we can get 
there in the next 24 hours.
  I am hopeful and optimistic.
  Mr. REID. I am going to do everything I can and I am confident 
Senator McConnell will do the same. But for everybody, whatever we come 
up with is going to be imperfect. Some people are not going to like it, 
some people will like it less, but that is where we are. I am confident 
we have an obligation to do the best we can. That was made very clear 
in the White House. We are going to do the best we can for the caucuses 
we have and the country that is waiting for us to make a decision.


                           Amendment No. 3355

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 3355, offered by the Senator from Arizona, Mr. McCain.
  Ms. MIKULSKI. Mr. President, a point of clarification for our 
colleagues, if Members could understand: We are going to vote on the 
McCain amendment now and then we have four more amendments.
  Mr. President, I stand corrected. So Senators can plan their time--I 
know it is of the essence--we have, upon the disposition of the McCain 
amendment, two other amendments--Merkley in agriculture and Coats on 
the Republican alternative.
  Then we have the Reid substitute, which we believe will be a voice 
vote. Then we will go to final passage.
  So we have two amendments. We will have four votes, one of which we 
think is a voice. So everybody knows--don't go off. Don't go off. Also, 
when we have the votes, if we can stick to the 10 minutes, it will 
enable us to complete the disposition of the bill.
  I yield the floor and recommend we follow the regular order on the 
amendment of Senator McCain.
  The PRESIDING OFFICER. Does anyone seek debate on the McCain 
amendment?
  Ms. MIKULSKI. I will yield back the time.
  The PRESIDING OFFICER. If not, all time is yielded back. The question 
is on agreeing to the amendment.
  Ms. MIKULSKI. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?

[[Page S8482]]

  There is a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner), are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 46, nays 49, as follows:

                      [Rollcall Vote No. 245 Leg.]

                                YEAS--46

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Brown (MA)
     Burr
     Carper
     Chambliss
     Coats
     Coburn
     Collins
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--49

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (OH)
     Cantwell
     Cardin
     Casey
     Cochran
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.


                Amendment No. 3367, as Further Modified

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 3367, as further modified, offered by the Senator from 
Oregon, Mr. Merkley.
  Mr. MERKLEY. Mr. President, I am delighted to partner with Senator 
Blunt and Senator Stabenow on this important amendment which addresses 
the disasters that occurred this last summer in terms of a century's 
worth of the worst fires and the worst drought. This is a true 
emergency in which our response has been delayed because programs are 
tied up in the farm bill.
  I ask that my colleagues address this real emergency.
  I yield the floor and reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I respect my colleague's desire to get 
this matter done, but the language he is advocating is already in the 
Farm bill. We need to get the Farm bill passed, and I think we will 
soon. It is paid for and is within the budget limits, which was done by 
the Agriculture Committee.
  This amendment defines ``disaster'' so broadly that it would include 
almost anything that results in a livestock death, and the taxpayers 
would be better served if we opposed this budget-breaking amendment. It 
is not an emergency since legislation is already in place that would 
take care of this issue. There are also other problems with this 
amendment.
  Mr. President, pursuant to section 314(e)(1) of the Congressional 
Budget Act of 1974, I raise a point of order against the emergency 
designation provisions contained in amendment No. 3367 to amendment No. 
3395, the substitute amendment to H.R. 1, the vehicle for the 
Supplemental Appropriations Act.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. The Chair is determining which section the 
point of order lies against.
  The Senator from Alabama.
  Mr. SESSIONS. To further extend my point of order, I ask that the 
budget point of order lie against both emergency designation provisions 
that are contained in amendment No. 3367 to amendment No. 3395.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Mr. President, this is a budget point of order against 
this being an emergency. If a person is a farmer or a rancher and their 
property or the property they rent from the BLM----
  The PRESIDING OFFICER. The Senator from Oregon is advised the point 
of order is not debatable.
  Mr. MERKLEY. I ask unanimous consent to complete 30 seconds of 
remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MERKLEY. If a person is a farmer or a rancher, saying this is not 
an emergency is cold comfort. Saying this will be addressed in the farm 
bill is cold comfort. When a person's land is burned up, when they have 
the worst drought in a century, it is an emergency, and getting help 6 
or 8 months after it happens is unacceptable.
  We have a responsibility, having not gotten the farm bill done, to do 
these emergency provisions today. Please vote for the following waiver:
  Pursuant to section 904 of the Congressional Budget Act of 1974, I 
move to waive all applicable sections of that act for purposes of the 
pending amendment, and I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion.
  The yeas and nays are ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER (Mr. Blumenthal). Are there any other Senators 
in the Chamber desiring to vote?
  The yeas and nays resulted--yeas 55, nays 40, as follows:

                      [Rollcall Vote No. 246 Leg.]

                                YEAS--55

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hoeven
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Moran
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Webb
     Whitehouse
     Wyden

                                NAYS--40

     Alexander
     Ayotte
     Barrasso
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. On this vote, the yeas are 55, the nays are 
40. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected. The point of order is 
sustained, and the emergency designations are removed.
  The Senator from Oregon.


           Amendment No. 3367, as Further Modified, Withdrawn

  Mr. MERKLEY. Mr. President, given that the emergency designations in 
this amendment have been stricken, I ask unanimous consent to withdraw 
my amendment No. 3367.
  The PRESIDING OFFICER. Without objection, the amendment, as further 
modified, is withdrawn.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I ask for 1 minute to be able to respond 
to what the Senator from Oregon just did.
  The PRESIDING OFFICER. Is there objection?

[[Page S8483]]

  Without objection, it is so ordered.
  Ms. MIKULSKI. I just want to say to the Senator from Oregon, and all 
the other Senators who face agricultural disasters, we on the 
Appropriations Committee would like to work with the Senator. This is 
compelling human need--your disaster, my fisheries disaster. We have to 
have a way of working together. We want to acknowledge the validity of 
the Senator's concern.
  The Senate has spoken on a budget point of order. But we do want to 
work with the Senator and work with our authorizers so we do not have 
our agricultural interests hanging out there.
  So I thank the Senator for his efforts. The Senate has spoken on this 
amendment. Let's see what we can do together.
  Mr. President, I yield the floor and ask for the regular order.


                           Amendment No. 3391

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 3391, offered by the Senator from Indiana, Mr. Coats.
  The Senator from Indiana.
  Mr. COATS. Mr. President, I do not believe there is anyone in this 
Chamber who does not understand the devastating impact of Sandy on the 
Northeast and the pain and the suffering that has come from that.
  I do not think there is anyone in this Chamber who does not 
understand this is an emergency supplemental appropriation that is 
needed now to address this pain and suffering and help rebuild and help 
provide the relief necessary to these people and businesses and others 
in the Northeast.
  We want to do that. But the bill before us presented by the 
Democrats--the bill offered by the other side throws out $60-plus 
billion to address not just immediate needs but also future needs for 
future storms and even unrelated issues not related to Sandy.
  The Coats alternative, which I hope to gain support for, documents 
what is needed, takes that documentation, provided by FEMA, SBA, all 
the agencies involved, and more than generously compensates for what is 
needed between now and the end of March.
  The PRESIDING OFFICER. The Senator's time has expired.
  The Senator from New York.
  Mr. SCHUMER. Mr. President, first, I wish to say I appreciate the 
true concern my colleague from Indiana and those who have put this 
amendment together have shown. He is not just giving us the back of his 
hand or saying: You do not need it or wait 3 months or whatever.
  Unfortunately, though, it would just stop dead in its tracks the 
recovery efforts so desperately needed. You cannot plan a recovery on a 
3-month basis. The bottom line is, if you want to build a tunnel, you 
cannot say: I will build one-fifth of the tunnel now, and we will see 
if there is more money later. If you need to build a berm of 6 feet, 
you cannot say: We will build it 2 feet and then see if we can build 
another 4 feet later. You just cannot do that.
  Because of the way we all know FEMA and these other agencies work, 
you have to spend the money first and then they reimburse you. If they 
are not sure there is going to be money at the end of the road--no more 
after March 31; maybe Congress will, maybe Congress will not--you are 
going to get a lot of homeowners, small businesses, and governments not 
going ahead with the desperate repairs that we in New York need and the 
whole national economy--since we are about 10 percent of the national 
economy--needs.
  I strongly urge the amendment--good intentioned, though, as it is--be 
defeated.
  Mr. COATS. Mr. President, could I have 15 seconds just to respond to 
my colleague?
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. COATS. Let me just say that we simply are allowing 3 months for 
the Congress of the United States--representatives of taxpayers' 
dollars--to assess, document, and justify additional expenditures that 
go beyond emergency needs. That is what this is all about.
  Mr. COCHRAN. Mr. President, I commend the Senator from Indiana, Mr. 
Coats, for the work he has done on this bill. He has proposed changes 
to the bill to balance our help for the victims of Hurricane Sandy with 
our duty to be responsive to the public trust.
  His effort would provide aid now that is clearly needed now and 
consider separately the longer term proposals in the substitute. I 
think his intent was to propose a bill that could be enacted into law 
quickly so that disaster recovery would not be delayed. I thank him for 
his contributions to this debate.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
3391.
  Mr. CORNYN. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 41, nays 54, as follows:

                      [Rollcall Vote No. 247 Leg.]

                                YEAS--41

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Murkowski
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--54

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Paul
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.
  Ms. MIKULSKI. Mr. President, I understand we will now be going to the 
Reid substitute; is that correct?
  The PRESIDING OFFICER. That is correct.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that Senator 
Frank Lautenberg be added as a cosponsor to the Reid substitute.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 3395

  Under the previous order, there will now be 2 minutes of debate 
equally divided prior to a vote on the substitute amendment No. 3395.
  Who yields time?
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, our side yields back all time.
  The PRESIDING OFFICER. Is all time yielded back?
  Mr. COCHRAN. Mr. President, we yield back all time on this side.
  Ms. MIKULSKI. Mr. President, I ask for a voice vote.
  The PRESIDING OFFICER. The question is on agreeing to the amendment 
in the nature of a substitute, as amended.
  The amendment (No. 3395), as amended, was agreed to.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. The substitute amendment has been amended, and now, as 
I understand the order, we will move to final passage.
  The PRESIDING OFFICER. Under the previous order, the motion to invoke 
cloture on H.R. 1 is withdrawn.

[[Page S8484]]

  The question is on the engrossment of the amendments and the third 
reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.


                         Department of Interior

  Mr. CARPER. Mr. President, I rise for the purpose of entering into a 
colloquy with Senator Reed, the Chairman of the Subcommittee on 
Interior, Environment, and Related Agencies, regarding funding for the 
Department of the Interior included in the disaster assistance 
supplemental.
  Mr. President, my home State of Delaware was unfortunately impacted 
by Hurricane Sandy, which struck on October 28 and 29 of this year. The 
damage caused by Hurricane Sandy was widespread in Delaware. Among the 
areas impacted was Prime Hook National Wildlife Refuge in Sussex 
County.
  Prime Hook National Wildlife Refuge, established in the 1960s, is an 
important part of the Eastern migratory flyway and one of the only 
places in the world where horseshoe crabs come to spawn. It offers 
world class outdoor recreation and is a key piece of Delaware's tourism 
industry.
  The refuge suffered severe damage during Hurricane Sandy. Breaches in 
the beach and dune system separating the refuge's marsh units from the 
Delaware Bay resulted in an ongoing inundation of the refuge by salt 
water. This has led to the loss of thousands of acres of critical 
habitat, as well as damage to refuge property and facilities. It 
severely impacted the health of the freshwater marsh system in the 
refuge, and the decline of the marsh has in turn led to continuous 
flooding of nearby farmland and communities, damaging the private 
property of thousands of people.
  I am grateful that the Appropriations Committee had the wisdom to 
include $150,000,000 for the Office of the Secretary of at the 
Department of the Interior to fund recovery and restoration activities 
related to Hurricane Sandy and other natural disasters. I would like to 
ask if the intent of this funding is to support recovery and 
restoration projects similar to those that will be required in my State 
to respond to the impacts of Hurricane Sandy?
  Mr. REED. The Senator is correct. Coming from a State that received a 
major disaster declaration due to the damage it sustained in Hurricane 
Sandy, including damage to the Rhode Island National Wildlife Refuge 
Complex, I recognize the importance of providing funding for projects 
in States impacted by the storm. The funds provided in this bill will 
be used in support of additional recovery activities directly related 
to the hurricane or to fund longer-term restoration activities for 
areas directly affected by Hurricane Sandy. The bill provides 
flexibility so that the Department can transfer the funds to any of its 
programs to fund the highest priority needs in these specific disaster 
areas. I expect these funds to be of great assistance to states like 
ours which were affected by this devastating storm.
  Mr. CARPER. I thank the Senator.
  Mr. McCAIN. Mr. President, as we debate the Hurricane Sandy 
Supplemental bill this week, it is critical that we ensure taxpayer 
dollars go to help those impacted by this devastating storm and not 
toward spending projects that are wasteful or not a priority at this 
time. This bill, unfortunately, goes way beyond emergency aid and funds 
projects that have little or nothing to do with meeting the immediate 
needs of individuals misplaced by Hurricane Sandy. At a time when we 
face ongoing trillion-dollar deficits, and a $16.3 trillion debt, we 
cannot justify this type of spending.
  While some of the projects included in this bill may hold merit on 
their own, they should go through the normal budget and appropriations 
process, where Congress has time to vet the need for such spending 
requests.
  To highlight this point, the Congressional Budget Office--CBO--
examined both the Senate bill and the administration's request and 
found that that 64 percent of the funds appropriated under the Sandy 
Supplemental will not be spent until fiscal years 2015-2022 and after, 
therefore, raising concerns about the rush to spend $60.4 billion 
without any attempt to pay for it.
  Just two weeks ago, FEMA Director Fugate told the House 
Transportation and Infrastructure Committee that the Disaster Relief 
Fund currently has enough money and will not need additional funding 
until the spring 2013. CBO's assessment, combined with the statement of 
Director Fugate clearly shows us that we need to pass a Sandy 
Supplemental bill that only includes prioritized disaster aid funding.
  As I have examined this bill over this week, I have found numerous 
examples of questionable spending including billions to replace 
`Federal assets' damaged by the storm, including automobiles owned by 
the Federal Government. The Federal Government currently owns or leases 
over 660,000 vehicles--surely we can find replacements within our 
current inventory.
  Shouldn't we focus on providing relief directly to those still trying 
to rebuild their lives before replacing a bureaucrat's car?
  The new substitute also includes language expanding levee 
construction to include West North Central States, such as North 
Dakota. It also includes $2 million to repair damage to the roofs of 
museums in Washington, D.C., while many in Hurricane Sandy's path still 
have no permanent roof over their own heads, $150 million for fisheries 
as far away from the storm's path as Mississippi and Alaska, $125 
million for the Department of Agriculture's Emergency Watershed 
Protection program, which helps restore watersheds damaged by wildfires 
and droughts for areas including Colorado, $15 million for NASA 
facilities, though NASA itself has called its damage from the hurricane 
`minimal.' On the day after the storm hit, NASA's Wallops Island put 
out a statement stating that ``an initial assessment team surveyed 
roads and facilities at NASA's Wallops Flight Facility today reporting 
a number of downed trees but otherwise minimal impact in the wake of 
Hurricane Sandy.'' To me, this raises a red flag that this NASA funding 
may not be an immediate emergency.
  There is $58 million for the USDA ``Forest Restoration Program'' for 
planting trees on private property. This program is actually a Farm 
Bill subsidy program that's run by a relatively unknown agency called 
the ``Farm Service Administration,'' which is primarily responsible for 
managing crop insurance. Under this program, private landowners with 
about 50 acres of land can apply for up to $500,000 in free grants for 
tree planting activities. Not only is this a non-emergency need, 
there's nothing in the supplemental that limits the funding to 
Hurricane Sandy areas. Under this bill, this $58 million can be used 
just about anywhere.
  There is $336 million for taxpayer-supported AMTRAK without a 
detailed plan for how the money will be spent. While some of the 
funding will go for repairs, money will also go to increasing passenger 
capacity to New York and future mitigation efforts. In a two page 
letter from AMTRAK that gives a broad description of how the $336 
million will be spent, almost all of it falls under funding for 
improvements and future capital projects. This includes $191 million 
for AMTRAK to start design and construction of new Hudson River 
Tunnels, as part of the Gateway Program. According to AMTRAK, the 
Gateway Program, which was started in 2011 and is projected to cost 
over $13 billion, is ``a comprehensive program of infrastructure 
improvements to increase track, tunnel, bridge, and station capacity 
serving New York City that will improve current assets and allow the 
eventual doubling of passenger trains into Manhattan.'' I am not here 
to debate the merits or the need for new tunnels, but this is clearly a 
capital improvement project--unrelated to Hurricane Sandy. AMTRAK is up 
and running so it is not apparent why this funding is deemed 
``emergency'' spending and included in this spending package. Keep in 
mind, AMTRAK receives roughly $1 billion in annual funding. Future 
mitigation projects should be debated in next year's budget process.
  There is $5.3 billion for the Army Corps of Engineers--more than the 
Army Corps' annual budget--with little clarity on how the money will be 
spent. Included in the Senate bill is $50 million in funding for more 
studies, which will most definitely lead to additional Army Corp 
projects and a new Task Force established by Executive Order.

[[Page S8485]]

More projects are not something the Army Corps can handle. They are 
currently experiencing a backlog of construction and maintenance 
projects of approximately $70 billion. Furthermore, a 2010 report 
released by the Government Accountability Office noted that carryover 
funds have increased ``due to the large amount of supplemental funding 
the Corps has received in recent years.'' Clearly, supplemental 
spending on the Army Corps has not paid off. There is $10 million 
improve weather forecasting capabilities and infrastructure. The bill 
also includes roughly $13 billion for future disaster mitigation 
activities and studies, without identifying a single way to pay for it. 
While I understand that Mitigation is important to save money when 
future natural disasters occur, there is no justification to include 
these projects in this ``emergency'' spending bill. By waiting to fund 
these projects until next year during the normal budget and 
appropriations process, we will have a better understanding of the path 
forward and reduce the possibility of waste fraud and abuse.
  As a nation, we are confronted with trillion dollar deficits, out of 
control spending in Washington and the imminent approach of an 
economically, devastating fiscal cliff. We do need to come to the aid 
of those who lost everything in Hurricane Sandy and are struggling to 
get their lives back together. Congress, however, cannot continue down 
this road of irresponsible spending. We must pass a true disaster 
spending bill that only spends money on disaster recovery and response, 
not pet projects.
  Mr. PRYOR. Mr. President, Hurricane Sandy had a devastating effect on 
the electric and transportation infrastructure in the Northeast and 
Mid-Atlantic states. When Hurricane Sandy struck the east coast, it 
flooded electrical substations and knocked down trees onto power lines, 
shutting off power for 8.2 million customers, and causing billions of 
dollars in damage.
  The storm sent floodwater gushing into New York's five boroughs, 
flooding tunnels and the subway system and making the equipment 
inoperable. In many hard-hit areas wireless networks suffered 
widespread outages primarily due to lack of power.
  We have seen this scenario play out before. Just this past summer, a 
derecho thunderstorm knocked out power for more than 1 million 
residents near Washington for several days.
  Do such storms have to result in such widespread outages and does the 
restoration of a power grid have to take so long? Several experts have 
said that America's power infrastructure could be more resilient--even 
when tested by a once-in-a-century storm.
  The intent of section 52005 of the supplemental Appropriations bill 
is to encourage recipients of these disaster assistance funds to 
rebuild the electrical infrastructure so that it is more resilient to 
future storms. We can achieve a more resilient electric grid by 
maximizing the utilization of technologies that can mitigate future 
power outages and by ensuring the continued operation of facilities 
critical to first responders, communications, health care, 
transportation, financial systems, homeland security, emergency food 
and shelter, government offices, as well as other vital services such 
as hospitals and wastewater treatment systems.
  Rebuilding these essential infrastructure systems with technology 
that is equipped to deal with extreme weather will better enable the 
electric grid to withstand potential damage and continue to deliver 
these vital services and maintain electric power to facilities critical 
to public health, safety and welfare.
  There are numerous proven technologies that are ready to be deployed 
to enhance our electric infrastructure resiliency including smart grid 
technologies to isolate problems and repair them remotely, such as 
smart meters, high-tech sensors, grid monitoring and control systems, 
and remote reconfiguration and redundancy systems; microgrids, energy 
storage, distributed and back-up generation to power critical 
facilities and operations; wiring, cabling, submersible and other 
distribution components and enclosures to prevent outages; and 
electronically controlled re-closers and similar technologies for power 
restoration.
  When we look at the damage caused by Hurricane Sandy, and the 
suffering by millions of people who could not get electricity or 
communicate by phone or the internet, it makes smart sense to rebuild 
the electric grid so that it is more resilient and better able to 
withstand whatever nature may next throw at it.
  Mr. LEVIN. Mr. President, I will vote in support of the legislation 
before us because we have a responsibility to help our fellow Americans 
who have lost homes and businesses through no fault of their own. 
Natural disasters are something we can attempt to prepare for, but the 
destructive force of nature can overwhelm us, even when efforts are 
made in advance of devastating storms, floods, droughts, or other 
disasters. Further, the bill provides permanent reforms to the Stafford 
Act that will help to eliminate bureaucratic roadblocks that have 
caused problems for local communities in rebuilding after a disaster 
and in mitigating risks from future disasters.
  Hurricane Sandy was one of those disasters that overwhelmed us with 
its damage. Over 125 people lost their lives, thousands of people were 
displaced, millions lost power, and fuel deliveries were disrupted. 
Tens of thousands of homes and businesses were destroyed, and public 
infrastructure was devastated. The storm is estimated to have caused 
such damage that it is projected to be the second or third most costly 
disaster in U.S. history. We need to provide the assistance to those 
impacted by Hurricane Sandy.
  Other natural disasters have also pummeled the U.S. this year, 
including the wildfires in the West and Hurricane Isaac in the Gulf 
Coast region. The bill includes some funding for these other natural 
disasters, which I support. While Hurricane Sandy was most devastating, 
we also should be responsive to these other disasters.
  One of these disasters had impacts on my great State of Michigan. 
This year, the Midwest experienced extreme weather including one of the 
worst droughts in history, causing tremendous damage to crops. Michigan 
also experienced unusually warm weather in March that resulted in an 
early bloom for many fruit crops, including tart cherries. These crops 
were then heavily damaged by a series of freezes during April and May. 
The drought, coupled with a warm winter, has resulted in near-historic 
low water levels in the Great Lakes, which is also a natural disaster. 
The Army Corps of Engineers reports that Lakes Michigan and Huron are 
more than two feet below their long-term average. Lake Superior is more 
than one foot below its long-term average. These low water levels 
threaten harbors with closure, hamper boaters from getting to safe 
harbor, and require vessels to light-load, causing shippers to lose 
millions of dollars of freight shipments and hampering our economic 
competitiveness. The bill includes $821 million in funding for dredging 
needs related to natural disasters. I entered into a colloquy with the 
bill manager to ensure that Great Lakes projects would be eligible for 
this funding. I am pleased Senator Leahy assured me that in fact Great 
Lakes harbors and channels impeded as a result of drought and low water 
levels would be eligible for this funding. When the Army Corps makes 
determinations as to how to allocate funds, I hope the Corps will 
prioritize funding for Great Lakes projects which are estimated to 
require $35 million to address the low water levels.
  With respect to crop damage, the bill includes an amendment sponsored 
by Senator Merkley that reauthorizes several expired disaster 
assistance programs to assist ranchers and farmers, including an 
extension of the noninsured crop assistance disaster program. This 
program will provide critical assistance to farm producers, including 
Michigan tart cherry growers who are currently ineligible to purchase 
crop insurance for their crops.
  I hope this bill will soon be passed by the House and be signed by 
the President. The people impacted by Hurricane Sandy and other 
disasters should not be kept waiting for their Nation to provide 
assistance. I hope we will be able to provide the funds for those in 
need.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, as we now move to final passage on this 
bill, I believe Senator Cochran and I, on a bipartisan basis, could 
wrap up our statements.

[[Page S8486]]

  Mr. President, we are now moving to final passage, and I know this 
bill will provide immediate relief to our constituents. I urge the 
adoption of the bill.
  I thank Senator Cochran, the ranking member on this bill, for his 
courtesy.
  I want to say to my colleagues that Senator Inouye would have been 
really proud of the way we acted today. We acted with civility, and we 
acted with crispness and promptness. We did the people's business. He 
would really be proud of us, and I am proud of all of you. I thank my 
subcommittees' chairs--Senators Landrieu, Murray, Leahy, Feinstein, and 
Harkin--for the great work they did and Senators Schumer, Lautenberg, 
Gillibrand, and Menendez for the way they helped with the heavy 
lifting. To the able staff of the Appropriations Committee, Mr. Charlie 
Houy and the subcommittee clerks, again a heartfelt thanks. But the 
real thanks would be passage of the bill and making sure we are meeting 
the compelling human needs of our fellow citizens.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. I commend the distinguished Senator from Maryland for 
her outstanding service here today to the Senate.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  Ms. MIKULSKI. I ask for the yeas and yeas.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg) and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint), the Senator from Illinois (Mr. Kirk), 
and the Senator from Idaho (Mr. Risch).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 62, nays 32, as follows:

                      [Rollcall Vote No. 248 Leg.]

                                YEAS--62

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heller
     Hoeven
     Hutchison
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Vitter
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--32

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Roberts
     Rubio
     Sessions
     Thune
     Toomey

                             NOT VOTING--6

     Boxer
     DeMint
     Kirk
     Lautenberg
     Risch
     Warner
  The bill (H.R. 1), as amended, was passed, as follows:
Strike all after the enacting clause, and insert in lieu thereof:
     That the following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, for fiscal 
     year 2013, and for other purposes, namely:

          SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                         AGRICULTURAL PROGRAMS

                          Farm Service Agency

                     emergency conservation program

       For necessary expenses for the ``Emergency Conservation 
     Program'', $25,090,000, to remain available until expended, 
     of which $15,000,000 is for expenses resulting from a major 
     disaster declared pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et. 
     seq.):  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  emergency forest restoration program

       For necessary expenses for the ``Emergency Forest 
     Restoration Program'', $58,855,000, to remain available until 
     expended, of which $49,010,000 is for expenses resulting from 
     a major disaster declared pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et. seq.):  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         CONSERVATION PROGRAMS

                 Natural Resources Conservation Service

                 emergency watershed protection program

       For necessary expenses for the ``Emergency Watershed 
     Protection Program'', $125,055,000, to remain available until 
     expended, of which $77,085,000 is for expenses resulting from 
     a major disaster declared pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et. seq.):  Provided, That unobligated balances for the 
     ``Emergency Watershed Protection Program'' provided in Public 
     Law 108-199, Public Law 109-234, and Public Law 110-28 shall 
     be available for the purposes of such program for disasters, 
     and shall remain available until expended:  Provided further, 
     That such amounts are designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

                      commodity assistance program

       For an additional amount for the emergency food assistance 
     program as authorized by section 27(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
     204(a)(1) of the Emergency Food Assistance Act of 1983 (7 
     U.S.C. 7508(a)(1)), $15,000,000, to remain available through 
     September 30, 2014:  Provided, That notwithstanding any other 
     provisions of the Emergency Food Assistance Act of 1983 (the 
     ``Act''), the Secretary may allocate additional foods and 
     funds for administrative expenses from resources specifically 
     appropriated, transferred, or reprogrammed to restore to 
     states resources used to assist families and individuals 
     displaced by Hurricane Sandy among the states without regard 
     to sections 204 and 214 of the Act:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                                TITLE II

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $109,000,000, to remain available until 
     September 30, 2015, as follows--
       (1) $47,000,000 for the Coastal and Estuarine Land 
     Conservation Program to support State and local restoration 
     in areas affected by Hurricane Sandy;
       (2) $9,000,000 to repair National Oceanic and Atmospheric 
     Administration (NOAA) facilities damaged by Hurricane Sandy;
       (3) $44,500,000 for repairs and upgrades to NOAA hurricane 
     reconnaissance aircraft; and
       (4) $8,500,000 for improvements to weather forecasting 
     equipment and supercomputer infrastructure:

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

                         DEPARTMENT OF JUSTICE

                         General Administration

                      office of inspector general

       For an additional amount for ``General Administration, 
     Office of Inspector General'' for

[[Page S8487]]

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

                    Federal Bureau of Investigation

                         salaries and expenses

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

                    Drug Enforcement Administration

                         salaries and expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

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

                         Federal Prison System

                        buildings and facilities

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

                                SCIENCE

             National Aeronautics and Space Administration

       construction and environmental compliance and restoration

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

                            RELATED AGENCIES

                       Legal Services Corporation

               payment to the legal services corporation

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

                               TITLE III

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                  Operation and Maintenance, Air Force

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                              PROCUREMENT

                    Procurement of Ammunition, Army

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $24,200,000, to remain available until September 30, 
     2013, for necessary expenses related to the consequences of 
     Hurricane Sandy:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                                TITLE IV

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

       For an additional amount for ``Investigations'' to expedite 
     studies of flood and storm damage reduction related natural 
     disasters, $50,000,000 at full Federal expense, to remain 
     available until expended:  Provided, That using $34,500,000 
     of the funds provided herein, the Secretary shall expedite 
     and complete ongoing flood and storm damage reduction studies 
     in areas that were impacted by Hurricanes Sandy and Isaac in 
     the North Atlantic and Mississippi Valley Divisions of the 
     U.S. Army Corps of Engineers:  Provided further, That using 
     up to $15,000,000 of the funds provided herein, the Secretary 
     shall support an interagency planning process in conjunction 
     with State, local and Tribal officials to develop plans to 
     address the flood risks of vulnerable coastal populations, 
     including innovative approaches to promote the long-term 
     sustainability of the coastal ecosystems and communities to 
     reduce the economic costs and risks associated with large-
     scale flood and storm events:  Provided further, That using 
     $500,000 of the funds provided herein, the Secretary shall 
     conduct an evaluation of the performance of existing projects 
     constructed by the U.S. Army Corps of Engineers and impacted 
     by Hurricane Sandy for the purposes of determining their 
     effectiveness and making recommendations for improvements 
     thereto:  Provided further, That as a part of the study, the 
     Secretary shall identify institutional and other barriers to 
     providing comprehensive protection to affected coastal areas 
     and shall provide this report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 120 days of enactment of this Act:  Provided further, 
     That the amounts in this paragraph are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985:  Provided further, That the 
     Assistant Secretary of the Army for Civil Works shall provide 
     a monthly report to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act.

                              construction

                     (including transfer of funds)

       For an additional amount for ``Construction'' to 
     rehabilitate, repair and construct U.S. Army Corps of 
     Engineers projects related to the consequences of natural 
     disasters, $3,461,000,000, to remain available until 
     expended:  Provided, That $2,902,000,000 of the funds 
     provided under this heading shall be used to reduce future 
     flood risk in ways that will support the long-term 
     sustainability of the coastal ecosystem and communities and 
     reduce the economic costs and risks associated with large-
     scale flood and storm events that occurred in 2012 along the 
     Gulf Coast and

[[Page S8488]]

     Atlantic Coast within the boundaries of the North Atlantic 
     and Mississippi Valley Divisions of the Corps that were 
     affected by Hurricanes Sandy and Isaac:  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 these funds may be used to construct any 
     project that is currently under study by the Corps for 
     reducing flooding and storm damage risks in areas along the 
     Atlantic coast within the North Atlantic or the Gulf Coast 
     within the Mississippi Valley Divisions of the U.S. Army 
     Corps of Engineers that suffered direct surge inundation 
     impacts and significant monetary damages from Hurricanes 
     Isaac or Sandy if the study demonstrates that the project 
     will cost-effectively reduce those risks and is 
     environmentally acceptable and technically feasible:  
     Provided further, That local interests shall provide all 
     lands, easements, rights-of-way, relocations and disposal 
     areas (LERRDs) necessary for projects using these funds at no 
     cost to the Government:  Provided further, That cost sharing 
     for implementation of any projects using these funds shall be 
     90 percent Federal and 10 percent non-Federal exclusive of 
     LERRDs:  Provided further, That the non-Federal cash 
     contribution for projects using these funds shall be financed 
     in accordance with the provisions of section 103(k) of Public 
     Law 99-662 over a period of 30 years from the date of 
     completion of the project or separable element:  Provided 
     further, That for these projects, the provisions of section 
     902 of the Water Resources Development Act of 1986 shall not 
     apply to these funds:  Provided further, That the Secretary 
     may transfer up to $499,000,000 of the funds provided under 
     this heading to other U.S. Army Corps of Engineers Accounts 
     to address damages from previous natural disasters following 
     normal policies and cost sharing:  Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate shall be notified at least 15 days in advance 
     of any such transfer:  Provided further, That up to 
     $51,000,000 of the funds provided under this heading shall be 
     used to expedite continuing authorities projects along the 
     coastal areas in States impacted by Hurricane Sandy within 
     the boundaries of the North Atlantic Division:  Provided 
     further, That $9,000,000 of the funds provided under this 
     heading shall be used for repairs to projects that were under 
     construction and damaged by the impacts of Hurricane Sandy:  
     Provided further, That any projects using funds appropriated 
     under this heading shall be initiated only after non-Federal 
     interests have entered into binding agreements with the 
     Secretary requiring the non-Federal interests to pay 100 
     percent of the operation, maintenance, repair, replacement, 
     and rehabilitation costs of the project and to hold and save 
     the United States free from damages due to the construction 
     or operation and maintenance of the project, except for 
     damages due to the fault or negligence of the United States 
     or its contractors:  Provided further, That the Assistant 
     Secretary of the Army for Civil Works shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a monthly report detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after the date of the enactment of this Act.

                       operation and maintenance

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

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', $1,008,000,000, to remain available until 
     expended to prepare for flood, hurricane, and other natural 
     disasters and support emergency operations, repairs and other 
     activities in response to flood, hurricanes or other natural 
     disasters as authorized by law:  Provided, That $430,000,000 
     of the funds provided herein shall be utilized by the Corps 
     to restore projects impacted by Hurricane Sandy in the North 
     Atlantic Division of the U.S. Army Corps of Engineers to 
     design profiles of the authorized projects:  Provided 
     further, That the provisions of section 902 of the Water 
     Resources Development Act of 1986 shall not apply to funds 
     provided under this heading:  Provided further, That the 
     amounts in this paragraph are designated by the Congress as 
     being for an emergency requirement pursuant section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That the Assistant 
     Secretary of the Army for Civil Works shall provide a monthly 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act.

                                expenses

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

                                TITLE V

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal buildings fund

       For an additional amount to be deposited in the ``Federal 
     Buildings Fund'', $7,000,000, to remain available until 
     expended, notwithstanding 40 U.S.C. 3307, for necessary 
     expenses related to the consequences of Hurricane Sandy, 
     including repair and alteration of buildings under the 
     custody and control of the Administrator of General Services, 
     and real property management and related activities not 
     otherwise provided for:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Small Business Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $40,000,000, to remain available until September 30, 2014, of 
     which $20,000,000 is for grants to or cooperative agreements 
     with organizations to provide technical assistance related to 
     disaster recovery, response, and long-term resiliency to 
     small businesses that are recovering from Hurricane Sandy; 
     and of which $20,000,000 is for grants or cooperative 
     agreements for public-private partnerships to provide long-
     term economic development assistance to industries and/or 
     regions affected by Hurricane Sandy through economic 
     development initiatives, including innovation clusters, 
     industry accelerators, supply-chain support, 
     commercialization, and workforce development:  Provided, That 
     the Small Business Administration (SBA) shall expedite the 
     delivery of assistance in disaster-affected areas by awarding 
     grants or cooperative agreements for technical assistance 
     only to current recipients of SBA grants or cooperative 
     agreements using a streamlined application process that 
     relies, to the maximum extent practicable, upon previously 
     submitted documentation:  Provided further, That the 
     Administrator of the Small Business Administration shall 
     waive the matching requirements under section 21(a)(4)(A) and 
     29(c) of the Small Business Act for any grant made using 
     funds made available under this heading:  Provided further, 
     That in designing appropriate economic development 
     initiatives and identifying those regions and industries most 
     affected by Hurricane Sandy, the SBA shall work with other 
     Federal agencies, State and local economic development 
     entities, institutions of higher learning, and private sector 
     partners:  Provided further, That grants or cooperative 
     agreements for public-private partnerships may be awarded to 
     public or private nonprofit organizations, or any combination 
     thereof:  Provided further, That no later than 30 days after 
     the date of enactment of this Act, or no less than 7 days 
     prior to obligation of funds, whichever occurs earlier, the 
     SBA shall submit to the Committees on Appropriations of the 
     House of Representatives and the Senate a detailed 
     expenditure plan for funds provided under this heading:  
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                      office of inspector general

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

                     disaster loans program account

                     (including transfer of funds)

       For an additional amount for ``Disaster Loans Program 
     Account'' for the cost of direct loans authorized by section 
     7(b) of the Small Business Act, for necessary expenses 
     related to Hurricane Sandy and other disasters, $500,000,000, 
     to remain available until expended:  Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974:  Provided further, That in addition, for administrative 
     expenses to carry out the direct loan program authorized by 
     section 7(b) of the Small Business Act in response to 
     Hurricane Sandy and other disasters, $260,000,000, to remain 
     available until expended, of which $250,000,000 is for direct 
     administrative expenses of loan making and servicing to carry 
     out the direct loan program, which may be transferred to and 
     merged with the appropriations for Salaries and Expenses; and 
     of which $10,000,000 is for indirect administrative expenses 
     for the direct loan program, which may be transferred to and 
     merged with the appropriations for Salaries and Expenses:  
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

[[Page S8489]]

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 501.  Section 7(d)(6) of the Small Business Act (15 
     U.S.C. 636(d)(6)) is amended by inserting after ``which are 
     made under paragraph (1) of subsection (b)'' the following: 
     ``: Provided further, That the Administrator, in obtaining 
     the best available collateral for a loan of not more than 
     $200,000 under paragraph (1) or (2) of subsection (b) 
     relating to damage to or destruction of the property of, or 
     economic injury to, a small business concern, shall not 
     require the owner of the small business concern to use the 
     primary residence of the owner as collateral if the 
     Administrator determines that the owner has other assets with 
     a value equal to or greater than the amount of the loan that 
     could be used as collateral for the loan: Provided further, 
     That nothing in the preceding proviso may be construed to 
     reduce the amount of collateral required by the Administrator 
     in connection with a loan described in the preceding proviso 
     or to modify the standards used to evaluate the quality 
     (rather than the type) of such collateral''.

                                TITLE VI

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

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

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     necessary expenses related to the consequences of Hurricane 
     Sandy, $855,000:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985:  Provided further, 
     That a description of all property to be replaced, with 
     associated costs, shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than 90 days after the date of enactment of this 
     Act.

                              Coast Guard

              acquisition, construction, and improvements

                     (including transfer of funds)

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for necessary expenses related to the 
     consequences of Hurricane Sandy, $274,233,000, to remain 
     available until September 30, 2017:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That notwithstanding the transfer 
     limitation contained in section 503 of division D of Public 
     Law 112-74, such funding may be transferred to other Coast 
     Guard appropriations after notification as required in 
     accordance with such section:  Provided further, That a 
     description all facilities and property to be reconstructed 
     and restored, with associated costs and time lines, shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives no later than 90 days after 
     the date of enactment of this Act.

                      United States Secret Service

                         salaries and expenses

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

                  Federal Emergency Management Agency

                          disaster relief fund

                     (including transfer of funds)

       For an additional amount for the ``Disaster Relief Fund'' 
     in carrying out the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     $11,487,735,000, to remain available until expended:  
     Provided, That of the total amount provided, $5,379,000,000 
     shall be for major disasters declared pursuant to the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.):  Provided further, That the amount in 
     the previous proviso is designated by the Congress as being 
     for disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985:  
     Provided further, That of the total amount provided, 
     $6,108,735,000 is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     which shall be for major disasters declared pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.):  Provided further, That of the 
     total amount provided, $3,000,000 shall be transferred to the 
     Department of Homeland Security ``Office of Inspector 
     General'' for audits and investigations related to disasters.

            Disaster Assistance Direct Loan Program Account

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

                         Science and Technology

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                          systems acquisition

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 601. (a) Section 1309(a) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by 
     striking ``$20,725,000,000'' and inserting 
     ``$30,425,000,000''.
       (b) The amount provided by this section is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and as an emergency requirement pursuant 
     to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall be considered to have taken effect on December 12, 
     2012.
       Sec. 602.  The Administrator of the Federal Emergency 
     Management Agency, in cooperation with representatives of 
     State, tribal, and local governments may give greater weight 
     to the factors considered under section 206.48(b)(3) of title 
     44, Code of Federal Regulations, to accurately measure the 
     acute needs of a population following a disaster in order to 
     expedite a declaration of Individual Assistance under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
       Sec. 603.  For determinations regarding compliance with 
     codes and standards under the Federal Emergency Management 
     Agency Public Assistance program (42 U.S.C. 5172), the 
     Administrator of the Federal Emergency Management Agency, for 
     major disasters declared on or after August 27, 2011, shall 
     consider eligible the costs required to comply with a State's 
     Stream Alteration General Permit process, including any 
     design standards required to be met as a condition of permit 
     issuance.
       Sec. 604.  Notwithstanding any other provision of law, the 
     Administrator of the Federal Emergency Management may 
     recommend to the President an increase in the Federal cost 
     share of the eligible cost of permanent work under section 
     406 and of emergency work under section 403 and section 407 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172) for damages resulting from 
     Hurricane Sandy without delay.
       Sec. 605.  In administering the funds made available to 
     address any major disaster declared during the period 
     beginning on August 27, 2011 and ending on December 5, 2012, 
     the Administrator of the Federal Emergency Management Agency 
     shall establish a pilot program for the relocation of State 
     facilities under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172), under which the Administrator may waive, or specify 
     alternative requirements for, any regulation the 
     Administrator administers to provide assistance, consistent 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.), for the permanent relocation of State 
     facilities, including administrative office buildings, 
     medical facilities, laboratories, and related operating 
     infrastructure (including heat, sewage, mechanical, 
     electrical, and plumbing), that were significantly damaged as 
     a result of the major disaster, are subject to flood risk, 
     and are otherwise eligible for repair, restoration, 
     reconstruction, or replacement under section 406 of that Act, 
     if the Administrator determines that such relocation is 
     practicable, and will be cost effective or more appropriate 
     than repairing, restoring, reconstructing, or replacing the 
     facility in its pre-disaster location, and if such relocation 
     will effectively mitigate the flood risk to the facility.

                                 levees

       Sec. 606. (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``covered hazard mitigation land'' means 
     land--
       (A) acquired and deed restricted under section 404(b) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C.

[[Page S8490]]

     5170c(b)) before, on, or after the date of enactment of this 
     Act; and
       (B) that is located--
       (i) in a West North Central State; and
       (ii) in a community that--

       (I) is participating in the National Flood Insurance 
     Program on the date on which a State, local, or tribal 
     government submits an application requesting to construct a 
     permanent flood risk reduction levee under subsection (b); 
     and
       (II) certifies to the Administrator and the Chief of 
     Engineers that the community will continue to participate in 
     the National Flood Insurance Program.

       (b) Authority.--Notwithstanding clause (i) or (ii) of 
     section 404(b)(2)(B) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 
     5170c(b)(2)(B)), the Administrator shall approve the 
     construction of a permanent flood risk reduction levee by a 
     State, local, or tribal government on covered hazard 
     mitigation land if the Administrator and the Chief of 
     Engineers determine, through a process established by the 
     Administrator and Chief of Engineers and funded entirely by 
     the State, local, or tribal government seeking to construct 
     the proposed levee, that--
       (1) construction of the proposed permanent flood risk 
     reduction levee would more effectively mitigate against 
     flooding risk than an open floodplain or other flood risk 
     reduction measures;
       (2) the proposed permanent flood risk reduction levee 
     complies with Federal, State, and local requirements, 
     including mitigation of adverse impacts and implementation of 
     floodplain management requirements, which shall include an 
     evaluation of whether the construction, operation, and 
     maintenance of the proposed levee would continue to meet best 
     available industry standards and practices and would be the 
     most cost-effective measure to protect against the assessed 
     flood risk and minimizes future costs to the Federal 
     Government;
       (3) the State, local, or tribal government seeking to 
     construct the proposed levee has provided an adequate 
     maintenance plan that documents the procedures the State, 
     local, or tribal government will use to ensure that the 
     stability, height, and overall integrity of the proposed 
     levee and the structure and systems of the proposed levee are 
     maintained, including--
       (A) specifying the maintenance activities to be performed;
       (B) specifying the frequency with which maintenance 
     activities will be performed;
       (C) specifying the person responsible for performing each 
     maintenance activity (by name or title);
       (D) detailing the plan for financing the maintenance of the 
     levee; and
       (E) documenting the ability of the State, local, or tribal 
     government to finance the maintenance of the levee.
       (c) Maintenance Certification.--
       (1) In general.--A State, local, or tribal government that 
     constructs a permanent flood risk reduction levee under 
     subsection (b) shall submit to the Administrator and the 
     Chief of Engineers an annual certification indicating whether 
     the State, local, or tribal government is in compliance with 
     the maintenance plan provided under subsection (b)(3).
       (2) Review.--The Chief of Engineers shall review a 
     certification submitted under paragraph (1) and determine 
     whether the State, local, or tribal government has complied 
     with the maintenance plan.
       Sec. 607.  The Administrator of the Federal Emergency 
     Management Agency shall cancel the liquidated balances of all 
     remaining uncancelled or partially cancelled loans disbursed 
     under the Community Disaster Loan Act of 2005 (Public Law 
     109-88) and the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234), as amended by section 4502 of the 
     U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and 
     Iraq Accountability Appropriations Act, 2007 (Public Law 110-
     28) to the extent that revenues of the local government 
     during the period following the major disaster are 
     insufficient to meet the budget of the local government, 
     including additional disaster-related expenses of a municipal 
     character. In calculating a community's revenues while 
     determining cancellation, the Administrator shall exclude 
     revenues for special districts and any other revenues that 
     are required by law to be disbursed to other units of local 
     government or used for specific purposes more limited than 
     the scope allowed by the General Fund. In calculating a 
     community's expenses, the Administrator shall include 
     disaster-related capital expenses for which the community has 
     not been reimbursed by Federal or insurance proceeds, debt 
     service expenses, and accrued but unpaid uncompensated 
     absences (vacation and sick pay). In calculating the 
     operating deficit of the local government, the Administrator 
     shall also consider all interfund transfers. When considering 
     the period following the disaster, the Administrator may 
     consider a period of 3, 5, or 7 full fiscal years after the 
     disaster, beginning on the date of the declaration, in 
     determining eligibility for cancellation. The criteria for 
     cancellation do not apply to those loans already cancelled in 
     full. Applicants shall submit supplemental documentation in 
     support of their applications for cancellation on or before 
     April 30, 2014, and the Administrator shall issue 
     determinations and resolve any appeals on or before April 30, 
     2015. Loans not cancelled in full shall be repaid not later 
     than September 30, 2035. The Administrator may use funds 
     provided under Public Law 109-88 to reimburse those 
     communities that have repaid all or a portion of loans, 
     including interest, provided as Special Community Disaster 
     Loans under Public Law 109-88 or Public Law 109-234, as 
     amended by section 4502 of Public Law 110-28. Further, the 
     Administrator may use funds provided under Public Law 109-88 
     for necessary expenses to carry out this provision:  
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 608.  The Inspector General shall review the 
     applications for public assistance provided through the 
     Disaster Relief Fund with a project cost that exceeds 
     $10,000,000 and the resulting decisions issued by the Federal 
     Emergency Management Agency for category A debris removal for 
     DR-1786 upon receipt of a request from an applicant made no 
     earlier than 90 days after filing an appeal with the Federal 
     Emergency Management Agency without regard to whether the 
     Administrator of the Federal Emergency Management Agency has 
     issued a final agency determination on the application for 
     assistance:  Provided, That not later than 180 days after the 
     date of such request, the Inspector General shall determine 
     whether the Federal Emergency Management Agency correctly 
     applied its rules and regulations to determine eligibility of 
     the applicant's claim:  Provided further, That if the 
     Inspector General finds that the Federal Emergency Management 
     Agency determinations related to eligibility and cost 
     involved a misapplication of its rules and regulations, the 
     applicant may submit the dispute to the arbitration process 
     established under the authority granted under section 601 of 
     Public Law 111-5 not later than 15 days after the date of 
     issuance of the Inspector General's finding in the previous 
     proviso:  Provided further, That if the Inspector General 
     finds that the Federal Emergency Management Agency provided 
     unauthorized funding, that the Federal Emergency Management 
     Agency shall take corrective action.

                           disaster recovery

       Sec. 609. (a) Short Title.--This section may be cited as 
     the ``Disaster Recovery Act of 2012''.
       (b) Hazard Mitigation.--
       (1) In general.--Section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) is amended by adding at the end the following:
       ``(d) Expedited Procedures.--
       ``(1) In general.--For the purpose of providing assistance 
     under this section, the President shall ensure that--
       ``(A) adequate resources are devoted to ensuring that 
     applicable environmental reviews under the National 
     Environmental Policy Act 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 and the National Historic 
     Preservation Act shall be 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 those 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.''.
       (2) Establishment of criteria relating to administration of 
     hazard mitigation assistance by states.--Section 404(c)(2) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170c(c)(2)) is amended by 
     inserting ``Until such time as the Administrator promulgates 
     regulations to implement this paragraph, the Administrator 
     may waive notice and comment rulemaking if the Administrator 
     determines doing so is necessary to expeditiously implement 
     this section and may carry out the alternative procedures 
     under this section as a pilot program'' after ``applications 
     submitted under paragraph (1).''.
       (3) Applicability.--The authority under the amendments made 
     by this subsection shall apply for--
       (A) any major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) on or after the date of 
     enactment of this Act; and
       (B) a major disaster or emergency declared before the date 
     of enactment of this Act for which the period for processing 
     requests for assistance has not ended on the date of 
     enactment of this Act.
       (c) Public Assistance Program Alternative Procedures.--
     Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 
     amended--
       (1) by redesignating section 425 (42 U.S.C. 5189e) relating 
     to essential service providers, as added by section 607 of 
     the SAFE Port Act (Public Law 109-347; 120 Stat. 1941) as 
     section 427; and
       (2) by adding at the end the following:

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

       ``(a) In General.--The Administrator of the Federal 
     Emergency Management Agency may approve projects under the 
     alternative procedures adopted under this section for--
       ``(1) any major disaster or emergency declared on or after 
     the date of enactment of this section; and
       ``(2) any project relating to a major disaster or emergency 
     declared before the date of enactment of this section for 
     which construction has not begun on the date of enactment of 
     this section.

[[Page S8491]]

       ``(b) Adoption.--The Administrator, in coordination with 
     States, tribal, and local governments, and owners or 
     operators of private nonprofit facilities, may adopt 
     alternative procedures to administer assistance provided 
     under sections 403(a)(3)(A), 406, 407, and 502(a)(5).
       ``(c) Goals.--Any procedures adopted under subsection (b) 
     shall further the goals of--
       ``(1) reducing the costs to the Federal Government of 
     providing such assistance;
       ``(2) increasing flexibility in the administration of such 
     assistance;
       ``(3) expediting the provision of such assistance to 
     States, tribal, and local governments and to owners or 
     operators of private nonprofit facilities; and
       ``(4) providing financial incentives and disincentives for 
     the State, tribal, or local government, or owner or operator 
     of a private nonprofit facility for the timely and cost-
     effective completion of projects with such assistance.
       ``(d) Voluntary Participation.--Participation in 
     alternative procedures adopted under this section shall be at 
     the election of a State, tribal, or local government, or 
     owner or operator of a private nonprofit facility consistent 
     with procedures determined by the Administrator.
       ``(e) Requirements for Procedures.--The alternative 
     procedures adopted under subsection (b) shall include--
       ``(1) for repair, restoration, and replacement of damaged 
     facilities under section 406--
       ``(A) making grants on the basis of fixed estimates, if the 
     State, tribal, or local government, or owner or operator of 
     the private nonprofit facility agrees to be responsible for 
     any actual costs that exceed the estimate;
       ``(B) providing an option for a State, tribal, or local 
     government, or owner or operator of a private nonprofit 
     facility to elect to receive an in-lieu contribution, without 
     reduction, on the basis of estimates of--
       ``(i) the cost of repair, restoration, reconstruction, or 
     replacement of a public facility owned or controlled by the 
     State, tribal, or local government or the owner or operator 
     of a private nonprofit facility; and
       ``(ii) management expenses;
       ``(C) consolidating, to the extent determined appropriate 
     by the Administrator, the facilities of a State, tribal, or 
     local government, or owner or operator of a private nonprofit 
     facility as a single project based upon the estimates adopted 
     under the procedures;
       ``(D) if the actual costs of a project completed under the 
     procedures are less than the estimated costs thereof, the 
     Administrator may permit a grantee or subgrantee to use all 
     or part of the excess funds for purposes of--
       ``(i) cost-effective activities that reduce the risk of 
     future damage, hardship, or suffering from a major disaster; 
     and
       ``(ii) other activities to improve future Public Assistance 
     operations or planning;
       ``(E) in determining eligible cost under section 406, the 
     Administrator shall make available, at an applicant's request 
     and where the Federal Emergency Management Agency or the 
     certified cost estimate prepared by the applicant's 
     professionally licensed engineers has estimated an eligible 
     Federal share for a project of not less than $5,000,000, an 
     independent expert panel to validate the estimated eligible 
     cost consistent with applicable regulations and policies 
     implementing this section;
       ``(F) in determining eligible cost under section 406, the 
     Administrator shall, at the applicant's request, consider 
     properly conducted and certified cost estimates prepared by 
     professionally licensed engineers (mutually agreed upon by 
     the Administrator and the applicant), to the extent that such 
     estimates comply with applicable regulation, policy, and 
     guidance; and
       ``(2) for debris removal under sections 403(a)(3)(A), 407, 
     and 502(a)(5)--
       ``(A) making grants on the basis of fixed estimates to 
     provide financial incentives and disincentives for the timely 
     or cost effective completion if the State, tribal, or local 
     government, or owner or operator of the private nonprofit 
     facility agrees to be responsible to pay for any actual costs 
     that exceed the estimate;
       ``(B) using a sliding scale for the Federal share for 
     removal of debris and wreckage based on the time it takes to 
     complete debris and wreckage removal;
       ``(C) allowing use of program income from recycled debris 
     without offset to the grant amount;
       ``(D) reimbursing base and overtime wages for employees and 
     extra hires of a State, tribal, or local government, or owner 
     or operator of a private nonprofit facility performing or 
     administering debris and wreckage removal;
       ``(E) providing incentives to State, tribal, and local 
     governments to have a debris management plan approved by the 
     Federal Emergency Management Agency and have pre-qualified 
     one or more debris and wreckage removal contractors before 
     the date of declaration of the major disaster; and
       ``(F) if the actual costs of projects under subparagraph 
     (A) are less than the estimated costs of the project, the 
     Administrator may permit a grantee or subgrantee to use all 
     or part of the excess funds for--
       ``(i) debris management planning;
       ``(ii) acquisition of debris management equipment for 
     current or future use; and
       ``(iii) other activities to improve future debris removal 
     operations, as determined by the Administrator.
       ``(f) Waiver Authority.--Until such time as the 
     Administrator promulgates regulations to implement this 
     section, the Administrator may waive notice and comment 
     rulemaking, if the Administrator determines the waiver is 
     necessary to expeditiously implement this section, and may 
     carry out the alternative procedures under this section as a 
     pilot program.
       ``(g) Reimbursement.--The guidelines for reimbursement for 
     costs under subsection (e)(2)(D) shall assure that no State, 
     tribal, or local government is denied reimbursement for 
     overtime payments that are required pursuant to the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).''.
       (d) Simplified Procedures.--Section 422 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5189) is amended--
       (1) by striking ``If the Federal estimate'' and inserting 
     the following:
       ``(a) In General.--If the Federal estimate'';
       (2) by inserting ``or, if the Administrator has established 
     a threshold under subsection (b), the amount established 
     under subsection (b)'' after ``$35,000'' the first place it 
     appears;
       (3) by inserting ``or, if applicable, the amount 
     established under subsection (b),'' after ``$35,000 amount''; 
     and
       (4) by adding at the end the following:
       ``(b) Threshold.--
       ``(1) Report.--Not later than 1 year after the date of 
     enactment of the Disaster Recovery Act of 2012, the 
     President, acting through the Administrator of the Federal 
     Emergency Management Agency (in this section referred to as 
     the `Administrator'), shall--
       ``(A) complete an analysis to determine whether an increase 
     in the threshold for eligibility under subsection (a) is 
     appropriate, which shall include consideration of cost-
     effectiveness, speed of recovery, capacity of grantees, past 
     performance, and accountability measures; and
       ``(B) submit to the appropriate committees of the Congress 
     (as defined in section 602 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 701)) a report 
     regarding the analysis conducted under subparagraph (A).
       ``(2) Amount.--After the Administrator submits the report 
     required under paragraph (1), the President shall direct the 
     Administrator to--
       ``(A) immediately establish a threshold for eligibility 
     under this section in an appropriate amount, without regard 
     to chapter 5 of title 5, United States Code; and
       ``(B) adjust the threshold annually to reflect changes in 
     the Consumer Price Index for all Urban Consumers published by 
     the Department of Labor.
       ``(3) Review.--Not later than 3 years after the date on 
     which the Administrator establishes a threshold under 
     paragraph (2), and every 3 years thereafter, the President, 
     acting through the Administrator, shall review the threshold 
     for eligibility under this section.''.
       (e) Essential Assistance.--Section 403 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b) is amended by adding at the end the following:
       ``(d) Salaries and Benefits.--
       ``(1) In general.--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 effect the ability of the President to 
     reimburse labor force expenses provided pursuant to an 
     authorized mutual aid pact.''.
       (f) Unified Federal Review.--Title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, as 
     amended by subsection (c), is amended by adding at the end 
     the following:

     ``SEC. 429. UNIFIED FEDERAL REVIEW.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Disaster Recovery Act of 2012, and in 
     consultation with the Council on Environmental Quality and 
     the Advisory Council on Historic Preservation, the President 
     shall establish an expedited and unified interagency review 
     process to ensure compliance with environmental and historic 
     requirements under Federal law relating to disaster recovery 
     projects, in order to expedite the recovery process, 
     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 shall be updated as appropriate, consistent 
     with applicable law.''.
       (g) Dispute Resolution Pilot Program.--
       (1) Definitions.--In this subsection--
       (A) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (B) the term ``eligible assistance'' means assistance--
       (i) under section 403, 406, or 407 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b, 5172, 5173);
       (ii) for which the legitimate amount in dispute is not less 
     than $1,000,000, which the Administrator shall adjust 
     annually to reflect changes in the Consumer Price Index for 
     all Urban Consumers published by the Department of Labor; and
       (iii) for which the applicant has a non-Federal share.
       (2) Procedures.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in

[[Page S8492]]

     order to facilitate an efficient recovery from major 
     disasters, the Administrator shall establish procedures under 
     which an applicant may request the use of alternative dispute 
     resolution, including arbitration by an independent review 
     panel, to resolve disputes relating to eligible assistance.
       (B) Binding effect.--A decision by an independent review 
     panel under this subsection shall be binding upon the parties 
     to the dispute.
       (C) Considerations.--The procedures established under this 
     subsection shall--
       (i) allow a party of a dispute relating to eligible 
     assistance to request an independent review panel for the 
     review;
       (ii) require a party requesting an independent review panel 
     as described in clause (i) to agree to forego rights to any 
     further appeal of the dispute relating to any eligible 
     assistance;
       (iii) require that the sponsor of an independent review 
     panel for any alternative dispute resolution under this 
     subsection shall be--

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

       (iv) require an independent review panel to--

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

       (v) require an independent review panel to expeditiously 
     issue a written decision for any alternative dispute 
     resolution under this subsection; and
       (vi) direct that if an independent review panel for any 
     alternative dispute resolution under this subsection 
     determines that the basis upon which a party submits a 
     request for alternative dispute resolution is frivolous, the 
     independent review panel shall direct the party to pay the 
     reasonable costs of the Federal Emergency Management Agency 
     relating to the review by the independent review panel.
       (D) Funds received.--Any funds received by the Federal 
     Emergency Management Agency under the authority under this 
     subsection shall be deposited to the credit of the 
     appropriation or appropriations available for the eligible 
     assistance in dispute on the date on which the funds are 
     received.
       (3) Sunset.--A request for review by an independent review 
     panel under this subsection may not be made after December 
     31, 2015.
       (4) Report.--
       (A) In general.--Not later than 270 days after the 
     termination of authority under this subsection pursuant to 
     paragraph (3), the Comptroller General of the United States 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report analyzing the effectiveness of the 
     program under this subsection.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include--
       (i) a determination of the availability of data required to 
     complete the report;
       (ii) an assessment of the effectiveness of the program 
     under this subsection, including an assessment of whether the 
     program expedited or delayed the disaster recovery process;
       (iii) an assessment of whether the program increased or 
     decreased costs to administer section 403, 406, or 407 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act;
       (iv) an assessment of the procedures and safeguards that 
     the independent review panels established to ensure 
     objectivity and accuracy, and the extent to which they 
     followed those procedures and safeguards;
       (v) a recommendation as to whether any aspect of the 
     program under this subsection should be made a permanent 
     authority; and
       (vi) recommendations for any modifications to the authority 
     or the administration of the authority under this subsection 
     in order to improve the disaster recovery process.
       (h) Individual Assistance Factors.--In order to provide 
     more objective criteria for evaluating the need for 
     assistance to individuals and to speed a declaration of a 
     major disaster or emergency under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), not later than 1 year after the date of enactment 
     of this Act, the Administrator of the Federal Emergency 
     Management Agency, in cooperation with representatives of 
     State, tribal, and local emergency management agencies, shall 
     review, update, and revise through rulemaking the factors 
     considered under section 206.48 of title 44, Code of Federal 
     Regulations (including section 206.48(b)(2) of such title 
     relating to trauma and the specific conditions or losses that 
     contribute to trauma), to measure the severity, magnitude, 
     and impact of a disaster.
       (i) Child Care.--Section 408(e)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(e)(1)) is amended--
       (1) in the paragraph heading, by inserting ``Child care,'' 
     after ``Dental,''; and
       (2) by inserting ``child care,'' after ``dental,''.
       (j) Temporary Housing.--Section 408(c)(1)(B) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(c)(1)(B)) is amended--
       (1) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (2) by inserting after clause (i) the following:
       ``(ii) Lease and repair of rental units for temporary 
     housing.--

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

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

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

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

[[Page S8493]]

       (D) by adding at the end the following:
       ``(12) Chief executive.--The term `Chief Executive' means 
     the person who is the Chief, Chairman, Governor, President, 
     or similar executive official of an Indian tribal 
     government.''.
       (4) References.--Title I of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     is amended by adding after section 102 the following:

     ``SEC. 103. REFERENCES.

       ``Except as otherwise specifically provided, any reference 
     in this Act to `State and local', `State or local', `State, 
     and local', `State, or local', or `State, local' (including 
     the plural form of such terms) with respect to governments or 
     officials and any reference to a `local government' in 
     sections 406(d)(3) and 417 shall be deemed to refer also to 
     Indian tribal governments and officials, as appropriate.''.
       (5) Regulations.--
       (A) Issuance.--The President shall issue regulations to 
     carry out the amendments made by this subsection.
       (B) Factors.--In issuing regulations under this paragraph, 
     the President shall consider the unique conditions that 
     affect the general welfare of Indian tribal governments.
       (l) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Chair of the Hurricane Sandy 
     Rebuilding Task Force established by the President, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, the Secretary of the Treasury, and others 
     whom the Chair determines to be appropriate, shall submit to 
     the Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Appropriations and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes a discussion of--
       (1) the impacts of Hurricane Sandy on local government 
     budgets in States where a major disaster has been declared, 
     including revenues from taxes, fees, and other sources, and 
     expenses related to operations, debt obligations, and 
     unreimbursed disaster-related costs;
       (2) the availability of loans from private sources to 
     address such impacts, including information on interest 
     rates, repayment terms, securitization requirements, and the 
     ability of affected local governments to qualify for such 
     loans;
       (3) the availability of Federal resources to address the 
     budgetary impacts of Hurricane Sandy upon local governments;
       (4) the ability of the Community Disaster Loan program 
     authorized under section 417 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) 
     to effectively and expeditiously address budgetary impacts of 
     Hurricane Sandy and other disasters upon local governments, 
     including--
       (A) an assessment of the current statutory limits on loan 
     amounts;
       (B) the regulations, policies, and procedures governing 
     program mobilization to communities in need and expeditious 
     processing of loan applications;
       (C) information on interest rates, repayment terms, 
     securitization requirements, and ability of affected local 
     governments to qualify for such loans;
       (D) criteria governing the cancellation of such loans, 
     including appropriate classification of available revenues 
     and eligible expenses, and the consistency of program rules 
     with customary local government budgetary practices and State 
     or local laws that affect the specific budgetary practices of 
     local governments affected by Hurricane Sandy and other 
     disasters;
       (E) repayment terms and timeframes on loans that do not 
     qualify for cancellation;
       (F) options for Congressional consideration related to 
     legislative modifications of this program, and any other 
     applicable provisions of Federal law, in order to address the 
     budgetary impacts of Hurricane Sandy and other disasters upon 
     local governments; and
       (G) recommendations on steps the Federal Emergency 
     Management Agency may take in order to improve program 
     administration, effectiveness, communications, and speed; and
       (5) potential consequences of Federal action or inaction to 
     address the budgetary impacts of Hurricane Sandy upon local 
     governments.
       (m) Applicability.--Unless otherwise specified, this 
     section and the amendments made by this section shall apply 
     for--
       (1) any major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) on or after the date of 
     enactment of this Act; and
       (2) a major disaster or emergency declared before the date 
     of enactment of this Act for which the period for processing 
     requests for assistance has not ended on the date of 
     enactment of this Act.

                               TITLE VII

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service

                              construction

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

                         National Park Service

                       historic preservation fund

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

                              construction

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

             Bureau of Safety and Environmental Enforcement

                           oil spill research

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

                        Departmental Operations

                        office of the secretary

                     (including transfer of funds)

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

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

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

                     Hazardous Substance Superfund

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

                 Leaking Underground Storage Tank Fund

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

                   State and Tribal Assistance Grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $810,000,000, to remain available until expended, 
     of which $700,000,000 shall be for capitalization grants for 
     the Clean Water State Revolving Funds under Title VI of the 
     Federal Water Pollution Control Act, and of which 
     $110,000,000 shall be for capitalization grants under section 
     1452 of the Safe Drinking Water Act:  Provided, That 
     notwithstanding section 604(a) of the Federal Water Pollution 
     Control Act and section 1452(a)(1)(D) of the Safe Drinking 
     Water Act, funds appropriated herein shall be provided to 
     States that have received a major disaster declaration 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) for 
     Hurricane Sandy:  Provided further, That no eligible state 
     shall receive less than two percent of such funds:  Provided 
     further, That funds appropriated herein shall not be subject 
     to the matching or cost share requirements of sections 
     602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution 
     Control Act nor the matching requirements of section 1452(e) 
     of the Safe

[[Page S8494]]

     Drinking Water Act:  Provided further, That notwithstanding 
     the requirements of section 603(d) of the Federal Water 
     Pollution Control Act, for the funds appropriated herein, 
     each State shall use not less than 50 percent of the amount 
     of its capitalization grants to provide additional 
     subsidization to eligible recipients in the form of 
     forgiveness of principal, negative interest loans or grants 
     or any combination of these:  Provided further, That the 
     funds appropriated herein shall only be used for eligible 
     projects whose purpose is to reduce flood damage risk and 
     vulnerability or to enhance resiliency to rapid hydrologic 
     change or a natural disaster at treatment works as defined by 
     section 212 of the Federal Water Pollution Control Act or any 
     eligible facilities under section 1452 of the Safe Drinking 
     Water Act, and for other eligible tasks at such treatment 
     works or facilities necessary to further such purposes:  
     Provided further, That notwithstanding the definition of 
     treatment works in section 212 of the Federal Water Pollution 
     Control Act, and subject to the purposes described herein, 
     the funds appropriated herein shall be available for the 
     purchase of land and easements necessary for the siting of 
     eligible treatment works projects:  Provided further, That 
     the Administrator may retain up to $1,000,000 of the funds 
     appropriated herein for management and oversight of the 
     requirements of this section:  Provided further, That such 
     amounts are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

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

                          OTHER RELATED AGENCY

                        Smithsonian Institution

                         salaries and expenses

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

                               TITLE VIII

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For an additional amount for ``Training and Employment 
     Services'', $50,000,000, for the dislocated workers 
     assistance national reserve for necessary expenses resulting 
     from Hurricane Sandy, which shall be available from the date 
     of enactment of this Act through September 30, 2013:  
     Provided, That the Secretary of Labor may transfer up to 
     $3,500,000 of such funds to any other Department of Labor 
     account for other Hurricane Sandy reconstruction and recovery 
     needs, including worker protection activities:  Provided 
     further, That such amounts are designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                      social services block grant

       For an additional amount for ``Social Services Block 
     Grant'', $500,000,000, for necessary expenses resulting from 
     Hurricane Sandy in States for which the President declared a 
     major disaster under title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act, notwithstanding 
     section 2003 and paragraphs (1) and (4) of section 2005(a) of 
     the Social Security Act:  Provided, That, notwithstanding 
     section 2002 of the Social Security Act, the distribution of 
     such amount shall be limited to States directly affected by 
     these events:  Provided further, That section 2002(c) of the 
     Social Security Act shall be applied to funds appropriated in 
     this paragraph by substituting succeeding 2 fiscal years for 
     succeeding fiscal year:  Provided further, That funds 
     appropriated in this paragraph are in addition to the 
     entitlement grants authorized by section 2002(a)(1) of the 
     Social Security Act and shall not be available for such 
     entitlement grants:  Provided further, That in addition to 
     other uses permitted by title XX of the Social Security Act, 
     funds appropriated in this paragraph may be used for health 
     services (including mental health services), and for costs of 
     renovating, repairing, or rebuilding health care facilities 
     (including mental health facilities), child care facilities, 
     or other social services facilities:  Provided further, That 
     notwithstanding paragraphs (2) and (8) of section 2005(a) of 
     the Social Security Act, a State may use up to 10 percent of 
     its allotment of funds appropriated in this paragraph to 
     supplement any other funds available for the following costs, 
     subject to guidelines established by the Secretary, for 
     health care providers (as defined by the Secretary): (a) 
     payments to compensate employees of health care providers for 
     wages lost as a direct result of Hurricane Sandy, and (b) 
     payments to support the viability of health care providers 
     with facilities that were substantially damaged as a direct 
     result of Hurricane Sandy:  Provided further, That funds 
     appropriated in this paragraph are also available for costs 
     incurred up to 3 days prior to Hurricane Sandy's October 29, 
     2012, landfall, subject to Federal review of documentation of 
     the cost of services provided:  Provided further, That none 
     of the funds appropriated in this paragraph shall be 
     available for costs that are reimbursed by the Federal 
     Emergency Management Agency or insurance:  Provided further, 
     That, with respect to the Federal interest in real property 
     acquired or on which construction or major renovation of 
     facilities (as such terms are defined in 45 CFR 1309.3) is 
     undertaken with these funds, procedures equivalent to those 
     specified in Subpart C of 45 CFR Part 1309 shall apply:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                 children and family services programs

       For an additional amount for ``Children and Families 
     Services Programs'', $100,000,000, for making payments under 
     the Head Start Act in States for which the President declared 
     a major disaster under title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act as a result of 
     Hurricane Sandy:  Provided, That funds appropriated in this 
     paragraph are not subject to the allocation requirements of 
     section 640(a) or the matching requirements of section 640(b) 
     of the Head Start Act:  Provided further, That funds 
     appropriated in this paragraph shall be available through 
     September 30, 2014 for activities to assist affected Head 
     Start agencies, including technical assistance, costs of Head 
     Start services (including supportive services for children 
     and families, and provision of mental health services for 
     children affected by Hurricane Sandy), and costs of 
     renovating, repairing, or rebuilding those Head Start 
     facilities damaged as a result of Hurricane Sandy:  Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be included in the calculation of the ``base 
     grant'' in subsequent fiscal years, as such term is used in 
     section 640(a)(7)(A) of the Head Start Act:  Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for costs that are reimbursed by 
     the Federal Emergency Management Agency or by insurance:  
     Provided further, That such amounts are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' for disaster response and recovery, 
     and other expenses related to Hurricane Sandy, and for other 
     disaster-response activities, $200,000,000, to remain 
     available until expended:  Provided, That these funds may be 
     transferred by the Secretary to accounts within the 
     Department of Health and Human Services, and shall be 
     available only for the purposes provided in this paragraph:  
     Provided further, That the transfer authority provided in 
     this paragraph is in addition to any other transfer authority 
     available in this or any other Act: Provided further,  That 
     obligations incurred for the purposes provided herein prior 
     to the enactment of this Act may be charged to this 
     appropriation: Provided further, That funds appropriated in 
     this paragraph may be used to make grants for renovating, 
     repairing, or rebuilding non-Federal research facilities 
     damaged as a result of Hurricane Sandy:  Provided further, 
     That funds appropriated under this paragraph shall not be 
     available for costs that are eligible for reimbursement by 
     the Federal Emergency Management Agency or are covered by 
     insurance:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                             RELATED AGENCY

                     Social Security Administration

                 limitation on administrative expenses

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

                                TITLE IX

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard

       For an additional amount for ``Military Construction, Army 
     National Guard'', $24,200,000, to remain available until 
     September 30, 2014, for necessary expenses related to the 
     consequences of Hurricane Sandy:  Provided, That such funds 
     may be obligated or expended for planning and design and 
     military construction projects not otherwise authorized by 
     law:  Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

       For an additional amount for ``Medical Services'', 
     $21,000,000, to remain available until September 30, 2014, 
     for necessary expenses related to

[[Page S8495]]

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

                           medical facilities

       For an additional amount for ``Medical Facilities'', 
     $6,000,000, to remain available until September 30, 2014, for 
     necessary expenses related to the consequences of Hurricane 
     Sandy:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                    national cemetery administration

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

                      Departmental Administration

                     information technology systems

       For an additional amount for ``Information Technology 
     Systems'', $500,000, for necessary expenses related to the 
     consequences of Hurricane Sandy:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      construction, major projects

       For an additional amount for ``Construction, Major 
     Projects'', $207,000,000 to remain available until expended, 
     for renovations and repairs to the Department of Veterans 
     Affairs Medical Center in Manhattan, New York, as a 
     consequence of damage caused by Hurricane Sandy:  Provided, 
     That notwithstanding any other provision of law, such funds 
     may be obligated and expended to carry out planning and 
     design and major medical facility construction not otherwise 
     authorized by law:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE X

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

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

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

       For an additional amount for the Emergency Relief Program 
     as authorized under section 125 of title 23, United States 
     Code, $921,000,000, to remain available until expended:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Federal Railroad Administration

         grants to the national railroad passenger corporation

       For an additional amount for the Secretary to make grants 
     to the National Railroad Passenger Corporation for costs and 
     losses incurred as a result of Hurricane Sandy and to advance 
     capital projects that address Northeast Corridor 
     infrastructure recovery, mitigation and resiliency in the 
     affected areas, $336,000,000, to remain available until 
     expended:  Provided, That the Administrator of the Federal 
     Railroad Administration may retain up to one-half of 1 
     percent of the funds provided under this heading to fund the 
     award and oversight by the Administrator of grants made under 
     this heading:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Federal Transit Administration

             public transportation emergency relief program

       For the Public Transportation Emergency Relief Program as 
     authorized under section 5324 of title 49, United States 
     Code, $10,783,000,000, to remain available until expended, 
     for recovery and relief efforts in the areas most affected by 
     Hurricane Sandy:  Provided, That, of the funds provided under 
     this heading, the Secretary may transfer up to $5,383,000,000 
     to the appropriate agencies to fund programs authorized under 
     titles 23 and 49, United States Code, in order to carry out 
     mitigation projects related to reducing risk of damage from 
     future disasters in areas impacted by Hurricane Sandy:  
     Provided further, That the Committees on Appropriations of 
     the Senate and the House of Representatives shall be notified 
     at least 15 days in advance of any such transfer:  Provided 
     further, That notwithstanding any other provision of law, the 
     Federal share for all projects funded under this heading for 
     repairs, reconstruction or mitigation of transportation 
     infrastructure in areas impacted by Hurricane Sandy shall be 
     90 percent:  Provided further, That up to three-quarters of 1 
     percent of the funds retained for public transportation 
     emergency relief shall be available for the purposes of 
     administrative expenses and ongoing program management 
     oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) 
     and shall be in addition to any other appropriations for such 
     purposes:  Provided further, That, of the funds made 
     available under this heading, $6,000,000 shall be transferred 
     to the Office of Inspector General to support the oversight 
     of activities funded under this heading:  Provided further, 
     That such amounts are designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

       For an additional amount for the ``Community Development 
     Fund'' for necessary expenses related to disaster relief, 
     long-term recovery, restoration of infrastructure and 
     housing, economic revitalization, and mitigation in the most 
     impacted and distressed areas resulting from a major disaster 
     declared pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.), due to 
     Hurricane Sandy, for activities authorized under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.), $17,000,000,000, to remain available until 
     expended, of which at least $2,000,000,000 shall be used for 
     mitigation projects to reduce future risk and 
     vulnerabilities:  Provided, That the Secretary shall 
     establish a minimum allocation for each eligible State 
     declared a major disaster due to Hurricane Sandy:  Provided 
     further, That of the amount provided under this heading, 
     $500,000,000 shall be used to address the unmet needs of 
     impacted areas resulting from a major disaster declared 
     pursuant to the Robert T. Stafford Disaster Relief Act (42 
     U.S.C. 5121 et seq.) or for small, economically distressed 
     areas with a disaster declared in 2011 or 2012:  Provided 
     further, That funds shall be awarded directly to the State or 
     unit of general local government as a grantee at the 
     discretion of the Secretary:  Provided further, That the 
     Secretary shall allocate to grantees not less than 33 percent 
     of the funds provided under this heading within 60 days after 
     the enactment of this Act based on the best available data:  
     Provided further, That prior to the obligation of funds, a 
     grantee shall submit a plan to the Secretary for approval 
     detailing the proposed use of all funds, including criteria 
     for eligibility and how the use of these funds will address 
     long-term recovery and restoration of infrastructure and 
     housing and economic revitalization in the most impacted and 
     distressed areas:  Provided further, That the Secretary shall 
     by notice specify the criteria for approval of such plans 
     within 45 days of enactment of this Act:  Provided further, 
     That such funds may not be used for activities reimbursable 
     by, or for which funds are made available by, the Federal 
     Emergency Management Agency or the Army Corps of Engineers:  
     Provided further, That the final paragraph under the heading 
     Community Development Block Grants in title II of Public Law 
     105-276 (42 U.S.C. 5305 note) shall not apply to funds 
     provided under this heading:  Provided further, That funds 
     allocated under this heading shall not be considered relevant 
     to the non-disaster formula allocations made pursuant to 42 
     U.S.C. 5306:  Provided further, That a grantee may use up to 
     5 percent of its allocation for administrative costs:  
     Provided further, That the Secretary shall require that 
     grantees have established procedures to ensure timely 
     expenditure of funds and prevent any duplication of benefits 
     as defined by 42 U.S.C. 5155 and prevent fraud and abuse of 
     funds:  Provided further, That the Secretary shall provide 
     grantees with technical assistance on contracting and 
     procurement processes and shall require grantees, in 
     contracting or procuring for management and administration of 
     these funds, to incorporate performance requirements and 
     penalties into any such contracts or agreements and to 
     maintain information with respect to performance on the use 
     of any funds for management and administrative purposes:  
     Provided further, That in administering the funds under this 
     heading, the Secretary may waive, or specify alternative 
     requirements for, any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or the use by the recipient of 
     these funds (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     pursuant to a determination by the Secretary that good cause 
     exists for the waiver or alternative requirement and that 
     such action is not inconsistent with the overall purposes of 
     title I of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5301 et seq.):  Provided further, That 
     notwithstanding the previous proviso, recipients of funds 
     provided under this heading that use such funds to match or 
     supplement Federal assistance provided under sections 402, 
     403, 406, 407, or 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     may adopt, without review or public comment, any 
     environmental review, approval, or permit performed by a 
     Federal agency, and such adoption shall satisfy the 
     responsibilities of the recipient with respect to such 
     environmental review, approval, or permit:  Provided further, 
     That, notwithstanding 42 U.S.C. 5304(g)(2), the Secretary 
     may, upon receipt of a request for release of funds and 
     certification, immediately approve the release of funds for 
     an activity or project assisted under this heading if the 
     recipient has adopted an environmental review prepared under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) or the project is categorically excluded from 
     further review under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.):  Provided further, That a 
     waiver granted by the Secretary may not

[[Page S8496]]

     reduce the percentage of funds which must be used for 
     activities that benefit persons of low and moderate income to 
     less than 50 percent, unless the Secretary specifically finds 
     that there is a compelling need to further reduce or 
     eliminate the percentage requirement:  Provided further, That 
     the Secretary shall publish in the Federal Register any 
     waiver of any statute or regulation that the Secretary 
     administers pursuant to title I of the Housing and Community 
     Development Act of 1974 no later than 5 days before the 
     effective date of such waiver:  Provided further, That funds 
     provided under this heading to for-profit enterprises may 
     only assist such enterprises that meet the definition of 
     small business as defined by the Small Business 
     Administration under 13 CFR part 121:  Provided further, That 
     notwithstanding the previous proviso, funds may be provided 
     to a for-profit enterprise, that does not meet such 
     definition of small business, but which provides a public 
     benefit, is publicly regulated, and is otherwise eligible for 
     assistance under 42 U.S.C. 5301 et seq., and the implementing 
     regulations at 24 CFR Part 570.201(l):  Provided further, 
     That of the funds made available under this heading, up to 
     $10,000,000 may be transferred to ``Program Office Salaries 
     and Expenses, Community Planning and Development'' for 
     technical assistance and administrative costs (including 
     information technology costs), related solely to 
     administering funds available under this heading or funds 
     made available under prior appropriations to the ``Community 
     Development Fund'' for disaster relief, long-term recovery, 
     or emergency expenses:  Provided further, That, of the funds 
     made available under this heading, $10,000,000 shall be 
     transferred to ``Office of Inspector General'':  Provided 
     further, That the amounts provided under this heading are 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1001.  For fiscal year 2013, upon request by a public 
     housing agency and supported by documentation as required by 
     the Secretary of Housing and Urban Development that 
     demonstrates that the need for the adjustment is due to the 
     disaster, the Secretary may make temporary adjustments to the 
     Section 8 housing choice voucher annual renewal funding 
     allocations and administrative fee eligibility determinations 
     for public housing agencies in an area for which the 
     President declared a disaster under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170 et seq.), to avoid significant adverse funding 
     impacts that would otherwise result from the disaster.
       Sec. 1002.  The Departments of Transportation and Housing 
     and Urban Development shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 45 days after the date of the enactment of this Act a 
     plan for implementing the provisions in this title, and 
     updates to such plan on a biannual basis thereafter.
       Sec. 1003.  None of the funds provided in this title to the 
     Department of Transportation or the Department of Housing and 
     Urban Development may be used to make a grant unless the 
     Secretary of such Department notifies the House and Senate 
     Committees on Appropriations and posts the notification on 
     the public website of that agency not less than 3 full 
     business days before either Department (or a modal 
     administration of either Department) announces the selection 
     of any project, State or locality to receive a grant award 
     totaling $500,000 or more.

                                TITLE XI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 1101.  Each amount appropriated or made available in 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 1102.  Each amount designated in this Act by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 shall be available only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 1103. (a) Not later than March 31, 2013, in accordance 
     with criteria to be established by the Office of Management 
     and Budget (OMB), Federal agencies shall submit to OMB and to 
     the Committee on Appropriations of the House of 
     Representatives and of the Senate internal control plans for 
     funds provided by this Act.
       (b) All programs and activities receiving funds under this 
     Act shall be deemed to be ``susceptible to significant 
     improper payments'' for purposes of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note) (IPIA), 
     notwithstanding section 2(a) of IPIA.
       (c) In accordance with guidance to be issued by the 
     Director of OMB, agencies shall identify those grants for 
     which the funds provided by this Act should be expended by 
     the grantees within the 24-month period following the 
     agency's obligation of funds for the grant. In the case of 
     such grants, the agency shall include a term in the grant 
     that:
       (1) requires the grantee to return to the agency any funds 
     not expended within the 24-month period; and
       (2) provides that the head of the agency may, after 
     consultation with the Director of OMB, subsequently issue a 
     waiver of this requirement based on a determination by the 
     head of the agency that exceptional circumstances exist that 
     justify an extension of the period in which the funds must be 
     expended.
       Sec. 1104. (a) In carrying out activities funded by this 
     Act, Federal agencies, in partnership with States, local 
     communities and tribes, shall inform plans for response, 
     recovery, and rebuilding to reduce vulnerabilities from and 
     build long-term resiliency to future extreme weather events, 
     sea level rise, and coastal flooding. In carrying out 
     activities funded by this title that involve repairing, 
     rebuilding, or restoring infrastructure and restoring land, 
     project sponsors shall consider, where appropriate, the 
     increased risks and vulnerabilities associated with future 
     extreme weather events, sea level rise and coastal flooding.
       (b) Funds made available in this Act shall be available to 
     develop, in partnership with State, local and tribal 
     officials, regional projections and assessments of future 
     risks and vulnerabilities to extreme weather events, sea 
     level rise and coastal flooding that may be used for the 
     planning referred to in subsection (a), and to encourage 
     coordination and facilitate long-term community resiliency.
       Sec. 1105.  Recipients of Federal funds dedicated to 
     reconstruction efforts under this Act shall, to the greatest 
     extent practicable, ensure that such reconstruction efforts 
     maximize the utilization of technologies designed to mitigate 
     future power outages, continue delivery of vital services and 
     maintain the flow of power to facilities critical to public 
     health, safety and welfare. The Secretary of Housing and 
     Urban Development as chair of the Hurricane Sandy Rebuilding 
     Task Force shall issue appropriate guidelines to implement 
     this requirement.


              vehicles use in the wake of hurricane sandy

       Sec. 1106.  (a) Report.--Not later than 7 days after the 
     date of enactment of this Act, the Department of Justice and 
     Department of Homeland Security shall identify and relocate 
     any vehicles currently based at the Washington, D.C., 
     headquarters of such agencies used for non-operational 
     purposes to replace vehicles of those agencies damaged by 
     Hurricane Sandy. The Department of Justice and Department of 
     Homeland Security shall provide copies of a report 
     summarizing the actions taken to carry out this subsection to 
     the House and Senate Committees on Appropriations and 
     Judiciary.
       (b) Funding Limitation.--No funds provided by this Act 
     shall be used to purchase, repair, or replace any Department 
     of Justice or Department of Homeland security vehicle until 
     after the report required by subsection (a) has been provided 
     to Congress.


                       increased embassy security

       Sec. 1107. Funds appropriated under the heading 
     ``Administration of Foreign Affairs'' under Title VIII of 
     Division I of Public Law 112-74 and as carried forward under 
     Public Law 112-175, may be transferred to, and merged with, 
     any such other funds appropriated under such title and 
     heading:  Provided, That such transfers shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.


prohibition on emergency spending for persons having serious delinquent 
                               tax debts

       Sec. 1108.  (a) Definition of Seriously Delinquent Tax 
     Debt.--In this section:
       (1) In general.--The term ``seriously delinquent tax debt'' 
     means an outstanding debt under the Internal Revenue Code of 
     1986 for which a notice of lien has been filed in public 
     records pursuant to section 6323 of that Code.
       (2) Exclusions.--The term ``seriously delinquent tax debt'' 
     does not include--
       (A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or 7122 of Internal 
     Revenue Code of 1986; and
       (B) a debt with respect to which a collection due process 
     hearing under section 6330 of that Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of that Code, is 
     requested or pending.
       (b) Prohibition.--Notwithstanding any other provision of 
     this Act or an amendment made by this Act, none of the 
     amounts appropriated by or otherwise made available under 
     this Act may be used to make payments to an individual or 
     entity who has a seriously delinquent tax debt during the 
     pendency of such seriously delinquent tax debt.


       prohibition on emergency spending for deceased individuals

       Sec. 1109. None of the amounts appropriated by or otherwise 
     made available under this Act may be used for any person who 
     is not alive when the amounts are made available. This does 
     not apply to funeral costs.
       This Act may be cited as the ``Disaster Relief 
     Appropriations Act, 2013''.

  Amend the title so as to read: ``An Act making appropriations for 
    disaster relief for the fiscal year ending September 30, 2013, and 
    for other purposes.''.


                           Amendment No. 3440

  Mr. REID. Mr. President, I ask unanimous consent that an amendment to 
the title of H.R. 1, the text of which is at the desk, be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3440) was agreed to, as follows:

       Amend the title to read:
       ``An Act making appropriations for disaster relief for the 
     fiscal year ending September 30, 2013, and for other 
     purposes.''


                             Change of Vote

  Mr. PRYOR. Mr. President, on rollcall vote 248 I voted no. It was my 
intention to vote aye. Therefore, I ask unanimous consent that I be 
permitted to change my vote since it will not affect the outcome.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The foregoing tally has been changed to reflect the above order.)
  Mr. REID. Mr. President, first of all, I congratulate the people who 
worked

[[Page S8497]]

so hard on this bill. We appreciate the new chair of the Appropriations 
Committee and the good work she did; the work done by the New York 
delegation, led by Senator Schumer; and the work done by the New Jersey 
delegation. This is extremely fine legislation. I really appreciate all 
their hard work, and the cooperation we got from the Republicans was 
wonderful.
  The people in New England suffered a tremendous blow caused by 
nature. As has happened during the entire history of this country when 
that sort of devastation has occurred, Congress stepped in to do 
something to help the beleaguered people. In this case, it is New York, 
New Jersey, and some other States, but they were the ones hit the 
hardest. Even now, hundreds of thousands of people are without homes, 
so I hope the House takes this up very quickly.

                          ____________________