[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 152 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 152

Making supplemental appropriations for the fiscal year ending September 
                   30, 2013, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2013

    Mr. Rogers of Kentucky introduced the following bill; which was 
  referred to the Committee on Appropriations, and in addition to the 
Committee on the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
Making supplemental appropriations for the fiscal year ending September 
                   30, 2013, and for other purposes.

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

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

                      commodity assistance program

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

                                TITLE II

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

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

                              construction

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

                       operation and maintenance

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

                 flood control and coastal emergencies

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

                               TITLE III

                     Small Business Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $10,000,000 
for grants to or cooperative agreements with organizations to provide 
technical assistance related to disaster recovery, response, and long 
term resiliency to small businesses that are recovering from Hurricane 
Sandy: Provided, That the Small Business Administration shall expedite 
the delivery of assistance in disaster-affected areas: Provided 
further, That the Administrator of the Small Business Administration 
may waive the matching requirements under section 21(a)(4)(A) and 29(c) 
of the Small Business Act for any grant made using funds made available 
under this heading: Provided further, That no later than 30 days after 
the date of enactment of this Act, or no less than 7 days prior to 
obligation of funds, whichever occurs earlier, the Administrator of the 
Small Business Administration shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
detailed expenditure plan for funds provided under this heading: 
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      office of inspector general

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

                     disaster loans program account

                     (including transfer of funds)

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

                                TITLE IV

                    DEPARTMENT OF HOMELAND SECURITY

                              Coast Guard

              acquisition, construction, and improvements

                      (including transfer of funds)

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

                  Federal Emergency Management Agency

                          disaster relief fund

                      (including transfer of funds)

    For an additional amount for the ``Disaster Relief Fund'' for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $5,379,000,000, 
to remain available until expended, of which $3,000,000 shall be 
transferred to the Department of Homeland Security Office of Inspector 
General for audits and investigations related to disasters: Provided, 
That such amount is designated by the Congress as being for disaster 
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That the 
Administrator of the Federal Emergency Management Agency shall publish 
on the Agency's website not later than 24 hours after an award of a 
public assistance grant under section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) that is 
in excess of $1,000,000, the specifics of each such grant award: 
Provided further, That for any mission assignment or mission assignment 
task order to another Federal department or agency regarding a major 
disaster, not later than 24 hours after the issuance of a mission 
assignment or task order in excess of $1,000,000, the Administrator 
shall publish on the Agency's website the following: the name of the 
impacted State and the disaster declaration for such State, the 
assigned agency, the assistance requested, a description of the 
disaster, the total cost estimate, and the amount obligated: Provided 
further, That not later than 10 days after the last day of each month 
until the mission assignment or task order is completed and closed out, 
the Administrator shall update any changes to the total cost estimate 
and the amount obligated: Provided further, That for a disaster 
declaration related to Hurricane Sandy, the Administrator shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate, not later than 5 days after the first day of each month 
beginning after the date of enactment of this Act, and shall publish on 
the Agency's website not later than 10 days after the first day of each 
such month, an estimate or actual amount, if available, for the current 
fiscal year of the cost of the following categories of spending: public 
assistance, individual assistance, operations, mitigation, 
administrative, and any other relevant category (including emergency 
measures and disaster resources): Provided further, That not later than 
10 days after the first day of each month beginning after the date of 
enactment of this Act, the Administrator shall publish on the Agency's 
website the report (referred to as the Disaster Relief Monthly Report) 
as required by Public Law 112-74.

                         Science and Technology

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                          systems acquisition

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

                     General Provision--This Title

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

                                TITLE V

                       DEPARTMENT OF THE INTERIOR

                       Fish and Wildlife Service

                              construction

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

                         National Park Service

                              construction

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

             Bureau of Safety and Environmental Enforcement

                           oil spill research

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

                                TITLE VI

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfers of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' for disaster response and recovery, and other expenses 
directly related to Hurricane Sandy, including making payments under 
the Head Start Act and additional payments for distribution as provided 
for under the ``Social Services Block Grant Program'', $100,000,000, to 
remain available until September 30, 2014: Provided, That not less than 
$25,000,000 shall be transferred to ``Children and Families Services 
Programs'' for the Head Start program for the purposes provided herein: 
Provided further, That not less than $25,000,000 shall be transferred 
to ``Social Services Block Grant'' for the purposes provided herein: 
Provided further, That not less than $2,000,000 shall be transferred to 
the Department of Health and Human Services (``HHS'') ``Office of 
Inspector General'' to perform oversight, accountability, and 
evaluation of programs, projects, or activities supported with the 
funds provided for the purposes provided herein: Provided further, That 
notwithstanding any other provision of law, the distribution of any 
amount shall be limited to the States of New York and New Jersey, 
except that funds provided to ``Substance Abuse and Mental Health 
Services Administration'' may be distributed to other States, but only 
if such funds are for grants, contracts, and cooperative agreements for 
behavioral health treatment, crisis counseling, and other related 
helplines, and for other similar programs to provide support to 
dislocated residents of New York and New Jersey: Provided further, That 
none of the funds appropriated in this paragraph shall be included in 
the calculation of the ``base grant'' in subsequent fiscal years, as 
such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 
644(d)(3) of the Head Start Act: Provided further, That funds 
appropriated in this paragraph are not subject to the allocation 
requirements of section 640(a) of the Head Start Act: Provided further, 
That funds appropriated in this paragraph are in addition to the 
entitlement grants authorized by section 2002(a)(1) of the Social 
Security Act and shall not be available for such entitlement grants: 
Provided further, That funds appropriated in this paragraph may be 
transferred by the Secretary of HHS (``Secretary'') to accounts within 
HHS, and shall be available only for the purposes provided in this 
paragraph: Provided further, That the transfer authority provided in 
this paragraph is in addition to any other transfer authority available 
in this or any other Act for fiscal year 2013: Provided further, That 
15 days prior to the transfer of funds appropriated in this paragraph, 
the Secretary shall notify the Committees on Appropriations of the 
House of Representatives and the Senate of any such transfer and the 
planned uses of the funds: Provided further, That obligations incurred 
for the purposes provided herein prior to the date of enactment of this 
Act may be charged to funds appropriated by this paragraph: Provided 
further, That funds appropriated in this paragraph and transferred to 
the National Institutes of Health for the purpose of supporting the 
repair or rebuilding of non-Federal biomedical or behavioral research 
facilities damaged as a result of Hurricane Sandy shall be used to 
award grants or contracts for such purpose under section 404I of the 
Public Health Service Act: Provided further, That section 481A(c)(2) of 
such Act does not apply to the use of funds described in the preceding 
proviso: Provided further, That funds appropriated in this paragraph 
shall not be available for costs that are reimbursed by the Federal 
Emergency Management Agency, under a contract for insurance, or by 
self-insurance: Provided further, That such amounts are designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                            RELATED AGENCIES

                     Social Security Administration

                 limitation on administrative expenses

                     (including transfer of funds)

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

                               TITLE VII

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard

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

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

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

                           medical facilities

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

                    National Cemetery Administration

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

                      Departmental Administration

                     information technology systems

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

                      construction, major projects

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

                               TITLE VIII

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$14,600,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2013, for necessary expenses 
related to the consequences of Hurricane Sandy: Provided , That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Federal Railroad Administration

operating subsidy grants to the national railroad passenger corporation

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

                     Federal Transit Administration

             public transportation emergency relief program

                     (including transfer of funds)

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

                     (including transfer of funds)

    For an additional amount for ``Community Development Fund'', 
$3,850,000,000, to remain available until September 30, 2017, for 
necessary expenses related to disaster relief, long-term recovery, 
restoration of infrastructure and housing, and economic revitalization 
in the most impacted and distressed areas resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane 
Sandy, for activities authorized under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided, 
That funds shall be allocated directly to States and units of general 
local government at the discretion of the Secretary of Housing and 
Urban Development: Provided further, That within 60 days after the 
enactment of this Act, the Secretary shall allocate to grantees all 
funds provided under this heading based on the best available data: 
Provided further, That as a condition of eligibility for receipt of 
such funds, a grantee shall submit a plan to the Secretary detailing 
the proposed use of all funds, including criteria for eligibility and 
how the use of such funds will address long-term recovery, restoration 
of infrastructure and housing, and economic revitalization in the most 
impacted and distressed areas: Provided further, That the Secretary 
shall, by notice issued within 45 days of enactment of this Act, 
specify criteria for approval of plans, and, if the Secretary 
determines that a plan does not meet such criteria, the Secretary shall 
disapprove the plan: Provided further, That as a condition of making 
any grant, the Secretary shall certify in advance that such grantee has 
in place proficient financial controls and procurement processes and 
has established adequate procedures to prevent any duplication of 
benefits as defined by section 312 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely 
expenditure of funds, to maintain comprehensive websites regarding all 
disaster recovery activities assisted with these funds, and to detect 
and prevent waste, fraud, and abuse of funds: Provided further, That 
funds provided under this heading may not be used for activities 
reimbursable by or for which funds are made available by the Federal 
Emergency Management Agency or the Army Corps of Engineers: Provided 
further, That funds allocated under this heading shall not be 
considered relevant to the non-disaster formula allocations made 
pursuant to section 106 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5306): Provided further, That a grantee may use up to 5 
percent of its overall allocation for administrative costs: Provided 
further, That a grantee shall administer grant funds provided under 
this heading in accordance with all applicable laws and regulations and 
may not delegate, by contract or otherwise, the responsibility for 
administering such grant funds: Provided further, That the Secretary 
shall provide grantees with technical assistance on contracting and 
procurement processes and shall require grantees, in contracting or 
procuring these funds, to incorporate performance requirements and 
penalties into any such contracts or agreements: Provided further, That 
the Secretary shall require grantees to maintain on a public website 
information accounting for how all grant funds are used, including 
details of all contracts and ongoing procurement processes: Provided 
further, That, in administering the funds under this heading, the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use of these 
funds by a grantee (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment) upon a request 
by a grantee explaining why such waiver is required to facilitate the 
use of such funds and pursuant to a determination by the Secretary that 
good cause exists for the waiver or alternative requirement and that 
such action is not inconsistent with the overall purposes of title I of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et 
seq.) or this heading: Provided further, That, notwithstanding the 
preceding proviso, recipients of funds provided under this heading that 
use such funds to supplement Federal assistance provided under sections 
402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, 
without review or public comment, any environmental review, approval, 
or permit performed by a Federal agency, and such adoption shall 
satisfy the responsibilities of the recipient with respect to such 
environmental review, approval or permit under section 104(g)(1) of the 
Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(1)): 
Provided further, That, notwithstanding section 104(g)(2) of such Act 
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request 
for release of funds and certification, immediately approve the release 
of funds for an activity or project assisted under this heading if the 
recipient has adopted an environmental review, approval or permit under 
the preceding proviso or the activity or project is categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.): Provided further, That a waiver granted 
by the Secretary may not reduce the percentage of funds that must be 
used for activities that benefit persons of low and moderate income to 
less than 50 percent, unless the Secretary specifically finds that 
there is compelling need to further reduce the percentage requirement: 
Provided further, That the Secretary shall publish in the Federal 
Register any waiver or alternative requirement made by the Secretary 
with respect to any statute or regulation no later than 5 days before 
the effective date of such waiver or alternative requirement: Provided 
further, That, of the funds made available under this heading, up to 
$4,000,000 may be transferred to Program Office Salaries and Expenses, 
Community Planning and Development for necessary costs, including 
information technology costs, of administering and overseeing funds 
made available under this heading: Provided further, That, of the funds 
made available under this heading, $4,000,000 shall be transferred to 
Office of the Inspector General for necessary costs of overseeing and 
auditing funds made available under this heading: Provided further, 
That funds provided under this heading are designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

 Administrative Provision--department of Housing and Urban Development

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

                                TITLE IX

                      GENERAL PROVISIONS--THIS ACT

    Sec. 901.  Each amount appropriated or made available in this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 902.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available only if the President subsequently so designates all such 
amounts and transmits such designations to the Congress.
    Sec. 903.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 904. (a)(1) Not later than March 31, 2013, in accordance with 
criteria to be established by the Director of the Office of Management 
and Budget (referred to in this section as ``OMB''), each Federal 
agency shall submit to OMB, the Government Accountability Office, the 
respective Inspector General of each agency, and the Committees on 
Appropriations of the House of Representatives and the Senate internal 
control plans for funds provided by this Act.
    (2) Not later than June 30, 2013, the Government Accountability 
Office shall report to the Committees on Appropriations of the House of 
Representatives and the Senate on the effectiveness of the internal 
control plans required by paragraph (1).
    (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), notwithstanding section 2(a) of such Act.
    (c) Funds for grants provided by this Act shall be expended by the 
grantees within the 24-month period following the agency's obligation 
of funds for the grant, unless, in accordance with guidance to be 
issued by the Director of OMB, the Director waives this requirement for 
a particular grant program and submits a written justification for such 
waiver to the Committees on Appropriations of the House of 
Representatives and the Senate. In the case of such grants, the agency 
shall include a term in the grant that requires the grantee to return 
to the agency any funds not expended within the 24-month period.
    (d) Through September 30, 2015, the Recovery Accountability and 
Transparency Board shall develop and use information technology 
resources and oversight mechanisms to detect and remediate waste, 
fraud, and abuse in the obligation and expenditure of funds 
appropriated in this or any other Act for any fiscal year of such 
period for purposes related to the impact of Hurricane Sandy: Provided, 
That the Board shall coordinate its oversight efforts with the Director 
of OMB, the head of each Federal agency receiving appropriations 
related to the impact of Hurricane Sandy, and the respective Inspector 
General of each such agency: Provided further, That the Board shall 
submit quarterly reports to the Committees on Appropriations of the 
House of Representatives and the Senate on its activities related to 
funds appropriated for the impact of Hurricane Sandy.
     This Act may be cited as the ``Disaster Relief Appropriations Act, 
2013''.
                                 <all>