[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''.
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