I 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2013, and for other pur6 poses, namely: 


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1 TITLE I 

2 DEPARTMENT OF AGRICULTURE 

3 DOMESTIC FOOD PROGRAMS 

4 FOOD AND NUTRITION SERVICE

5 COMMODITY ASSISTANCE PROGRAM

6 For an additional amount for ‘‘Commodity Assistance 

7 Program’’ for the emergency food assistance program as 

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

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

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

11 7508(a)(1)), $6,000,000: Provided, That notwithstanding 

12 any other provisions of the Emergency Food Assistance 

13 Act of 1983, the Secretary of Agriculture may allocate ad14 ditional foods and funds for administrative expenses from 

15 resources specifically appropriated, transferred, or repro16 grammed to restore to States resources used to assist fam17 ilies and individuals displaced by Hurricane Sandy among 

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

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

20 amount is designated by the Congress as being for an 

21 emergency requirement pursuant to section 

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

23 Deficit Control Act of 1985. 


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1 TITLE II 

2 DEPARTMENT OF THE ARMY 

3 CORPS OF ENGINEERS—CIVIL

4 INVESTIGATIONS

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

6 necessary expenses related to the consequences of Hurri7 cane Sandy, $20,000,000, to remain available until ex8 pended to conduct studies of flood and storm damage re9 duction related to natural disasters: Provided, That using 

10 $19,500,000 of the funds provided herein, the Secretary 

11 of the Army shall conduct, at full Federal expense, a com12 prehensive study to address the flood risks of vulnerable 

13 coastal populations in areas impacted by Hurricane Sandy 

14 within the boundaries of the North Atlantic Division of 

15 the United States Army Corps of Engineers: Provided fur16 ther, That an interim report with an assessment of author17 ized Corps projects for reducing flooding and storm risks 

18 in the affected area that have been constructed or are 

19 under construction, including construction cost estimates, 

20 shall be submitted to the Committees on Appropriations 

21 of the House of Representatives and the Senate not later 

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

23 report identifying any previously authorized but 

24 unconstructed Corps project and any project under study 

25 by the Corps for reducing flooding and storm damage 


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1 risks in the affected area, including updated construction 

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

3 comprehensive study shall be submitted to the appropriate 

4 congressional committees not later than May 1, 2013: Pro5 vided further, That a final report shall be submitted to 

6 the appropriate congressional committees not later than 

7 24 months after the date of enactment of this Act: Pro8 vided further, That as a part of the study, the Secretary 

9 shall identify those activities that warrant additional anal10 ysis by the Corps, as well as institutional and other bar11 riers to providing protection to the affected coastal areas: 

12 Provided further, That the Secretary shall conduct the 

13 study in coordination with other Federal agencies, and 

14 State, local, and Tribal officials to ensure consistency with 

15 other plans to be developed, as appropriate: Provided fur16 ther, That using $500,000 of the funds provided herein, 

17 the Secretary shall conduct, at full Federal expense, an 

18 evaluation of the performance of existing projects con19 structed by the Corps and damaged as a consequence of 

20 Hurricane Sandy for the purposes of determining their ef21 fectiveness and making recommendations for improve22 ments to such projects: Provided further, That the 

23 amounts in this paragraph are designated by the Congress 

24 as being for an emergency requirement pursuant to sec25 tion 251(b)(2)(A)(i) of the Balanced Budget and EmerVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 gency Deficit Control Act of 1985: Provided further, That 

2 the Assistant Secretary of the Army for Civil Works shall 

3 provide a monthly report to the Committees on Appropria4 tions of the House of Representatives and the Senate de5 tailing the allocation and obligation of these funds, begin6 ning not later than 60 days after the date of enactment 

7 of this Act. 

8 CONSTRUCTION

9 For an additional amount for ‘‘Construction’’ for nec10 essary expenses related to the consequences of Hurricane 

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

12 repairs to projects that were under construction and dam13 aged as a consequence of Hurricane Sandy: Provided, 

14 That such amount is designated by the Congress as being 

15 for an emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

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

18 Assistant Secretary of the Army for Civil Works shall pro19 vide a monthly report to the Committees on Appropria20 tions of the House of Representatives and the Senate de21 tailing the allocation and obligation of these funds, begin22 ning not later than 60 days after enactment of this Act. 

23 OPERATION AND MAINTENANCE

24 For an additional amount for ‘‘Operation and Main25 tenance’’ for necessary expenses related to the conVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 sequences of Hurricane Sandy, $742,000,000, to remain 

2 available until expended to dredge Federal navigation 

3 channels, and repair damage to Corps projects: Provided, 

4 That such amount is designated by the Congress as being 

5 for an emergency requirement pursuant to section 

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

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

8 Assistant Secretary of the Army for Civil Works shall pro9 vide a monthly report to the Committees on Appropria10 tions of the House of Representatives and the Senate de11 tailing the allocation and obligation of these funds, begin12 ning not later than 60 days after enactment of this Act. 

13 FLOOD CONTROL AND COASTAL EMERGENCIES

14 For an additional amount for ‘‘Flood Control and 

15 Coastal Emergencies’’ for necessary expenses related to 

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

17 remain available until expended to support emergency op18 erations, repairs, and other activities, as authorized by 

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

20 Congress as being for an emergency requirement pursuant 

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

22 Emergency Deficit Control Act of 1985: Provided further, 

23 That the Assistant Secretary of the Army for Civil Works 

24 shall provide a monthly report to the Committees on Ap25 propriations of the House of Representatives and the SenVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 ate detailing the allocation and obligation of these funds, 

2 beginning not later than 60 days after enactment of this 

3 Act. 

4 TITLE III 

5 SMALL BUSINESS ADMINISTRATION

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $10,000,000 for grants to or cooperative agree9 ments with organizations to provide technical assistance 

10 related to disaster recovery, response, and long term resil11 iency to small businesses that are recovering from Hurri12 cane Sandy: Provided, That the Small Business Adminis13 tration shall expedite the delivery of assistance in disaster14 affected areas: Provided further, That the Administrator 

15 of the Small Business Administration may waive the 

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

17 29(c) of the Small Business Act for any grant made using 

18 funds made available under this heading: Provided further, 

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

20 of this Act, or no less than 7 days prior to obligation of 

21 funds, whichever occurs earlier, the Administrator of the 

22 Small Business Administration shall submit to the Com23 mittees on Appropriations of the House of Representatives 

24 and the Senate a detailed expenditure plan for funds pro25 vided under this heading: Provided further, That such 


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1 amount is designated by the Congress as being for an 

2 emergency requirement pursuant to section 

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

4 Deficit Control Act of 1985. 

5 OFFICE OF INSPECTOR GENERAL

6 For an additional amount for ‘‘Office of Inspector 

7 General’’ for necessary expenses related to the con8 sequences of Hurricane Sandy, $1,000,000, to remain 

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

10 amount is designated by the Congress as being for an 

11 emergency requirement pursuant to section 

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

13 Deficit Control Act of 1985. 

14 DISASTER LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Disaster Loans Pro17 gram Account’’ for the cost of direct loans authorized by 

18 section 7(b) of the Small Business Act, for necessary ex19 penses related to the consequences of Hurricane Sandy, 

20 $100,000,000, to remain available until expended: Pro21 vided, That such costs, including the cost of modifying 

22 such loans, shall be as defined in section 502 of the Con23 gressional Budget Act of 1974: Provided further, That in 

24 addition, for direct administrative expenses of loan making 

25 and servicing to carry out the direct loan program authorVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 ized by section 7(b) of the Small Business Act in response 

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

3 available until expended, which may be transferred to and 

4 merged with the appropriations for Salaries and Expenses: 

5 Provided further, That such amounts are designated by the 

6 Congress as being for an emergency requirement pursuant 

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

8 Emergency Deficit Control Act of 1985. 

9 TITLE IV 

10 DEPARTMENT OF HOMELAND SECURITY 

11 COAST GUARD

12 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Acquisition, Construc15 tion, and Improvements’’ for necessary expenses related 

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

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

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

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

21 Deficit Control Act of 1985: Provided further, That not22 withstanding the transfer limitation contained in section 

23 503 of division D of Public Law 112–74, such funding 

24 may be transferred to other Coast Guard appropriations 

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1 tion: Provided further, That a description of all facilities 

2 and property to be reconstructed and restored, with asso3 ciated costs and time lines, shall be submitted to the Com4 mittees on Appropriations of the House of Representatives 

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

6 enactment of this Act. 

7 FEDERAL EMERGENCY MANAGEMENT AGENCY

8 DISASTER RELIEF FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for the ‘‘Disaster Relief 

11 Fund’’ for major disasters declared pursuant to the Rob12 ert T. Stafford Disaster Relief and Emergency Assistance 

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

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

15 transferred to the Department of Homeland Security Of16 fice of Inspector General for audits and investigations re17 lated to disasters: Provided, That such amount is des18 ignated by the Congress as being for disaster relief pursu19 ant to section 251(b)(2)(D) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985: Provided further, 

21 That the Administrator of the Federal Emergency Man22 agement Agency shall publish on the Agency’s website not 

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

24 grant under section 406 of the Robert T. Stafford Dis25 aster Relief and Emergency Assistance Act (42 U.S.C. 


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

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

3 assignment or mission assignment task order to another 

4 Federal department or agency regarding a major disaster, 

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

6 assignment or task order in excess of $1,000,000, the Ad7 ministrator shall publish on the Agency’s website the fol8 lowing: the name of the impacted State and the disaster 

9 declaration for such State, the assigned agency, the assist10 ance requested, a description of the disaster, the total cost 

11 estimate, and the amount obligated: Provided further, 

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

13 month until the mission assignment or task order is com14 pleted and closed out, the Administrator shall update any 

15 changes to the total cost estimate and the amount obli16 gated: Provided further, That for a disaster declaration re17 lated to Hurricane Sandy, the Administrator shall submit 

18 to the Committees on Appropriations of the House of Rep19 resentatives and the Senate, not later than 5 days after 

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

21 enactment of this Act, and shall publish on the Agency’s 

22 website not later than 10 days after the first day of each 

23 such month, an estimate or actual amount, if available, 

24 for the current fiscal year of the cost of the following cat25 egories of spending: public assistance, individual assistVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 ance, operations, mitigation, administrative, and any other 

2 relevant category (including emergency measures and dis3 aster resources): Provided further, That not later than 10 

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

5 date of enactment of this Act, the Administrator shall 

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

7 the Disaster Relief Monthly Report) as required by Public 

8 Law 112–74. 

9 SCIENCE AND TECHNOLOGY

10 RESEARCH, DEVELOPMENT, ACQUISITION, AND

11 OPERATIONS

12 For an additional amount for ‘‘Research, Develop13 ment, Acquisition, and Operations’’, for necessary ex14 penses related to the consequences of Hurricane Sandy, 

15 $585,000, to remain available until September 30, 2013: 

16 Provided, That such amount is designated by the Congress 

17 as being for an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985. 

20 DOMESTIC NUCLEAR DETECTION OFFICE

21 SYSTEMS ACQUISITION

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

23 for necessary expenses related to the consequences of Hur24 ricane Sandy, $3,869,000, to remain available until Sep25 tember 30, 2014: Provided, That such amount is desVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 ignated by the Congress as being for an emergency re2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 GENERAL PROVISION—THIS TITLE

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

6 88 for carrying out activities authorized under section 417 

7 of the Robert T. Stafford Disaster Relief and Emergency 

8 Assistance Act (42 U.S.C. 5184) may be used until ex9 pended to provide assistance under section 417 of that Act 

10 to local governments in areas eligible to receive such as11 sistance pursuant to a major disaster declaration by the 

12 President for Hurricane Sandy. 

13 TITLE V 

14 DEPARTMENT OF THE INTERIOR 

15 FISH AND WILDLIFE SERVICE

16 CONSTRUCTION

17 For an additional amount for ‘‘Construction’’ for nec18 essary expenses related to the consequences of Hurricane 

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

20 Provided, That such amount is designated by the Congress 

21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 


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1 NATIONAL PARK SERVICE

2 CONSTRUCTION

3 For an additional amount for ‘‘Construction’’ for nec4 essary expenses related to the consequences of Hurricane 

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

6 Provided, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 BUREAU OF SAFETY AND ENVIRONMENTAL

11 ENFORCEMENT

12 OIL SPILL RESEARCH

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

14 for necessary expenses related to the consequences of Hur15 ricane Sandy, $3,000,000, to remain available until ex16 pended: Provided, That such amount is designated by the 

17 Congress as being for an emergency requirement pursuant 

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

19 Emergency Deficit Control Act of 1985. 


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1 TITLE VI 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 OFFICE OF THE SECRETARY

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

6 FUND

7 (INCLUDING TRANSFERS OF FUNDS)

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

10 recovery, and other expenses directly related to Hurricane 

11 Sandy, including making payments under the Head Start 

12 Act and additional payments for distribution as provided 

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

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

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

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

17 for the Head Start program for the purposes provided 

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

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

20 the purposes provided herein: Provided further, That not 

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

23 Inspector General’’ to perform oversight, accountability, 

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


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1 herein: Provided further, That notwithstanding any other 

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

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

4 that funds provided to ‘‘Substance Abuse and Mental 

5 Health Services Administration’’ may be distributed to 

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

8 treatment, crisis counseling, and other related helplines, 

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

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

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

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

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

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

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

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

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

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

25 purposes provided in this paragraph: Provided further, 


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1 That the transfer authority provided in this paragraph is 

2 in addition to any other transfer authority available in this 

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

4 That 15 days prior to the transfer of funds appropriated 

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

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

8 of the funds: Provided further, That obligations incurred 

9 for the purposes provided herein prior to the date of enact10 ment of this Act may be charged to funds appropriated 

11 by this paragraph: Provided further, That funds appro12 priated in this paragraph and transferred to the National 

13 Institutes of Health for the purpose of supporting the re14 pair or rebuilding of non-Federal biomedical or behavioral 

15 research facilities damaged as a result of Hurricane Sandy 

16 shall be used to award grants or contracts for such pur17 pose under section 404I of the Public Health Service Act: 

18 Provided further, That section 481A(c)(2) of such Act does 

19 not apply to the use of funds described in the preceding 

20 proviso: Provided further, That funds appropriated in this 

21 paragraph shall not be available for costs that are reim22 bursed by the Federal Emergency Management Agency, 

23 under a contract for insurance, or by self-insurance: Pro24 vided further, That such amounts are designated by the 

25 Congress as being for an emergency requirement pursuant 


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

2 Emergency Deficit Control Act of 1985. 

3 RELATED AGENCIES 

4 SOCIAL SECURITY ADMINISTRATION

5 LIMITATION ON ADMINISTRATIVE EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

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

10 unobligated balances that remain available under such 

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

13 software infrastructure: Provided, That such amounts are 

14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 TITLE VII 

18 DEPARTMENT OF DEFENSE 

19 MILITARY CONSTRUCTION 

20 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

21 For an additional amount for ‘‘Military Construction, 

22 Army National Guard’’ for necessary expenses related to 

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

25 none of the funds made available to the Army National 


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1 Guard for recovery efforts related to Hurricane Sandy in 

2 this Act shall be available for obligation until the Commit3 tees on Appropriations of the House of Representatives 

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

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

7 military construction projects not otherwise authorized by 

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

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

11 and Emergency Deficit Control Act of 1985. 

12 DEPARTMENT OF VETERANS AFFAIRS 

13 VETERANS HEALTH ADMINISTRATION

14 MEDICAL SERVICES

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

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

22 MEDICAL FACILITIES

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

24 necessary expenses related to the consequences of Hurri25 cane Sandy, $6,000,000, to remain available until SepVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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

5 NATIONAL CEMETERY ADMINISTRATION

6 For an additional amount for ‘‘National Cemetery 

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

9 That such amount is designated by the Congress as being 

10 for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 DEPARTMENTAL ADMINISTRATION

14 INFORMATION TECHNOLOGY SYSTEMS

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

18 such amount is designated by the Congress as being for 

19 an emergency requirement pursuant to section 

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

21 Deficit Control Act of 1985. 

22 CONSTRUCTION, MAJOR PROJECTS

23 For an additional amount for ‘‘Construction, Major 

24 Projects’’, $207,000,000, to remain available until Sep25 tember 30, 2017, for renovations and repairs as a conVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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1 sequence of damage caused by Hurricane Sandy: Provided, 

2 That none of these funds shall be available for obligation 

3 until the Secretary of Veterans Affairs submits to the 

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

6 funds provided under this heading: Provided further, That 

7 notwithstanding any other provision of law, such funds 

8 may be obligated and expended to carry out planning and 

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

11 amount is designated by the Congress as being for an 

12 emergency requirement pursuant to section 

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

14 Deficit Control Act of 1985. 

15 TITLE VIII 

16 DEPARTMENT OF TRANSPORTATION 

17 FEDERAL AVIATION ADMINISTRATION

18 FACILITIES AND EQUIPMENT

19 (AIRPORT AND AIRWAY TRUST FUND)

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

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

24 consequences of Hurricane Sandy: Provided , That such 

25 amount is designated by the Congress as being for an 


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1 emergency requirement pursuant to section 

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

3 Deficit Control Act of 1985. 

4 FEDERAL RAILROAD ADMINISTRATION

5 OPERATING SUBSIDY GRANTS TO THE NATIONAL

6 RAILROAD PASSENGER CORPORATION

7 For an additional amount for ‘‘Operating Subsidy 

8 Grants to the National Railroad Passenger Corporation’’ 

9 for the Secretary of Transportation to make grants to the 

10 National Railroad Passenger Corporation for necessary 

11 expenses related to the consequences of Hurricane Sandy, 

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

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

17 FEDERAL TRANSIT ADMINISTRATION

18 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Public Transportation Emergency Relief 

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

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

23 until expended, for transit systems affected by Hurricane 

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

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


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1 date of enactment of this Act: Provided further, That the 

2 remainder of the funds shall be made available only after 

3 the Federal Transit Administration and the Federal 

4 Emergency Management Agency sign the memorandum of 

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

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

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

9 Emergency Relief Program: Provided further, That not 

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

11 public transportation emergency relief shall be available 

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

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

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

17 transferred to the Office of Inspector General to support 

18 the oversight of activities under this heading: Provided 

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

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

22 Emergency Deficit Control Act of 1985. 


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•HR 152 IH

1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 COMMUNITY DEVELOPMENT FUND

5 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

15 under title I of the Housing and Community Development 

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

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

19 of Housing and Urban Development: Provided further, 

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

21 Secretary shall allocate to grantees all funds provided 

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

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


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•HR 152 IH

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

2 address long-term recovery, restoration of infrastructure 

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

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

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

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

10 the Secretary shall certify in advance that such grantee 

11 has in place proficient financial controls and procurement 

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

14 of the Robert T. Stafford Disaster Relief and Emergency 

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

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

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

20 heading may not be used for activities reimbursable by or 

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

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


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•HR 152 IH

1 of the Housing and Community Development Act of 1974 

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

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

7 delegate, by contract or otherwise, the responsibility for 

8 administering such grant funds: Provided further, That 

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

11 require grantees, in contracting or procuring these funds, 

12 to incorporate performance requirements and penalties 

13 into any such contracts or agreements: Provided further, 

14 That the Secretary shall require grantees to maintain on 

15 a public website information accounting for how all grant 

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

19 may waive, or specify alternative requirements for, any 

20 provision of any statute or regulation that the Secretary 

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

23 requirements related to fair housing, nondiscrimination, 

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

25 a grantee explaining why such waiver is required to faciliVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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•HR 152 IH

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

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

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

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

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

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

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

13 environmental review, approval, or permit performed by 

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

17 of the Housing and Community Development Act of 1974 

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

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

21 for release of funds and certification, immediately approve 

22 the release of funds for an activity or project assisted 

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

25 proviso or the activity or project is categorically excluded 


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•HR 152 IH

1 from review under the National Environmental Policy Act 

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

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

6 percent, unless the Secretary specifically finds that there 

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

12 date of such waiver or alternative requirement: Provided 

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

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

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

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

24 as being for an emergency requirement pursuant to secVerDate Mar 15 2010 21:23 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H152.IH H152

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•HR 152 IH

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

3 ADMINISTRATIVE PROVISION—DEPARTMENT OF

4 HOUSING AND URBAN DEVELOPMENT

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

6 public housing agency and supported by documentation as 

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

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

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

12 eligibility determinations for public housing agencies in an 

13 area for which the President declared a disaster under 

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

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

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

18 TITLE IX 

19 GENERAL PROVISIONS—THIS ACT 

20 SEC. 901. Each amount appropriated or made avail21 able in this Act is in addition to amounts otherwise appro22 priated for the fiscal year involved. 

23 SEC. 902. Each amount designated in this Act by the 

24 Congress as being for an emergency requirement pursuant 

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


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•HR 152 IH

1 Emergency Deficit Control Act of 1985 shall be available 

2 only if the President subsequently so designates all such 

3 amounts and transmits such designations to the Congress. 

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

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

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

8 accordance with criteria to be established by the Director 

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

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

11 to OMB, the Government Accountability Office, the re12 spective Inspector General of each agency, and the Com13 mittees on Appropriations of the House of Representatives 

14 and the Senate internal control plans for funds provided 

15 by this Act. 

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

17 Accountability Office shall report to the Committees on 

18 Appropriations of the House of Representatives and the 

19 Senate on the effectiveness of the internal control plans 

20 required by paragraph (1). 

21 (b) All programs and activities receiving funds under 

22 this Act shall be deemed to be ‘‘susceptible to significant 

23 improper payments’’ for purposes of the Improper Pay24 ments Information Act of 2002 (31 U.S.C. 3321 note), 

25 notwithstanding section 2(a) of such Act. 


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•HR 152 IH

1 (c) Funds for grants provided by this Act shall be 

2 expended by the grantees within the 24-month period fol3 lowing the agency’s obligation of funds for the grant, un4 less, in accordance with guidance to be issued by the Di5 rector of OMB, the Director waives this requirement for 

6 a particular grant program and submits a written jus7 tification for such waiver to the Committees on Appropria8 tions of the House of Representatives and the Senate. In 

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

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

11 agency any funds not expended within the 24-month pe12 riod. 

13 (d) Through September 30, 2015, the Recovery Ac14 countability and Transparency Board shall develop and 

15 use information technology resources and oversight mech16 anisms to detect and remediate waste, fraud, and abuse 

17 in the obligation and expenditure of funds appropriated 

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

19 for purposes related to the impact of Hurricane Sandy: 

20 Provided, That the Board shall coordinate its oversight ef21 forts with the Director of OMB, the head of each Federal 

22 agency receiving appropriations related to the impact of 

23 Hurricane Sandy, and the respective Inspector General of 

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

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1 tions of the House of Representatives and the Senate on 

2 its activities related to funds appropriated for the impact 

3 of Hurricane Sandy. 

4 This Act may be cited as the ‘‘Disaster Relief Appro5 priations Act, 2013’’. 

Æ 


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