In the nature of a substitute.

SA 3391. Mr. COATS (for himself and Mr. Alexander) submitted an
amendment intended to be proposed by him to the bill H.R. 1, making
appropriations for the Department of Defense and the other departments
and agencies of the Government for the fiscal year ending September 30,
2011, and for other purposes; which was ordered to lie on the table; as
follows:

In lieu of the matter proposed to be inserted, insert the
following:

That the following sums are hereby appropriated out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2013, and for other purposes, namely:

SUPPLEMENTAL APPROPRIATIONS FOR DISASTER ASSISTANCE

TITLE I

DEPARTMENT OF AGRICULTURE

DOMESTIC FOOD PROGRAMS

Food and Nutrition Service

COMMODITY ASSISTANCE PROGRAM

For an additional amount for the emergency food assistance
program as authorized by section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7508(a)(1)), $6,000,000: Provided, That
notwithstanding any other provisions of the Emergency Food
Assistance Act of 1983 (the ``Act''), the Secretary may
allocate additional foods and funds for administrative
expenses from resources specifically appropriated,
transferred, or reprogrammed to restore to states resources
used to assist families and individuals displaced by
Hurricane Sandy among the states without regard to sections
204 and 214 of the Act: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended.

TITLE II

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ``Operations, Research, and
Facilities'', $32,000,000 to remain available until September
30, 2014, as follows--
(1) $6,200,000 to repair and replace ocean observing and
coastal monitoring assets damaged by Hurricane Sandy;
(2) $5,000,000 to repair and improve weather forecasting
capabilities and infrastructure;
(3) $20,800,000 for mapping, charting, damage assessment,
and marine debris coordination and re-mediation:

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

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ``Procurement, Acquisition and
Construction'', $9,000,000, to remain available until
September 30, 2015, to repair National Oceanic and
Atmospheric Administration (NOAA) facilities damaged by
Hurricane Sandy: Provided, That NOAA shall submit a spending
plan to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date
of enactment of this Act: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

SCIENCE

National Aeronautics and Space Administration

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For an additional amount for ``Construction and
Environmental Compliance and Restoration'' for repair at
National Aeronautics and Space Administration facilities
damaged by Hurricane Sandy, $4,000,000, to remain available
until September 30, 2015: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

TITLE III

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE--MILITARY

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Army National Guard

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

[[Page S8209]]

Operation and Maintenance, Air National Guard

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

PROCUREMENT

Procurement of Ammunition, Army

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

TITLE IV

DEPARTMENT OF DEFENSE CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

OPERATION AND MAINTENANCE

For an additional amount for ``Operation and Maintenance'',
$483,000,000, to remain available until September 30, 2014,
to repair U.S. Army Corps of Engineers projects and dredge
Federal navigation channels damaged by the impacts 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.

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ``Flood Control and Coastal
Emergencies'', $340,000,000, to remain available until
September 30, 2014, to support emergency operations, repairs
and other activities in response Hurricane Sandy as
authorized by law: Provided, That the amounts in this
paragraph are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act.

TITLE V

INDEPENDENT AGENCIES

Small Business Administration

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',
$20,000,000, to remain available until September 30, 2014,
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 such
amounts are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.

OFFICE OF INSPECTOR GENERAL

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

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, for necessary expenses
related to Hurricane Sandy and other disasters, $500,000,000,
to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That in addition, for administrative
expenses to carry out the direct loan program authorized by
section 7(b) of the Small Business Act in response to
Hurricane Sandy and other disasters, $100,000,000, to remain
available until expended, of which $90,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and
of which $10,000,000 is for indirect administrative expenses
for the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses:
Provided further, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.

GENERAL PROVISIONS--THIS TITLE

Sec. 501. Section 411(a)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by
striking ``$2,000,000'' and inserting ``$5,000,000''.

TITLE VI

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane
Sandy, $1,347,000: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That a description of all property to be replaced, with
associated costs, shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 90 days after the date of enactment of this
Act.

Coast Guard

Acquisition, Construction, and Improvements

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Acquisition, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricane Sandy, $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 all facilities and property to be reconstructed
and restored, with associated costs and time lines, shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives no later than 90 days after
the date of enactment of this Act.

Federal Emergency Management Agency

DISASTER RELIEF FUND

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: 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.

Science and Technology Research, Development, Acquisition, and
Operations

For an additional amount for ``Research, Development,
Acquisition, and Operations'' for necessary expenses related
to the consequences of Hurricane Sandy, $3,249,000, to remain
available until September 30, 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. 601. (a) Subsection (a) of section 1309 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is
amended--
(1) by inserting ``(1)'' after the subsection designation;
and (2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1)--
``(A) clause (2) of the first sentence of such paragraph
shall be applied, through September 30, 2017, by substituting
`$25,725,000,000' for `$1,500,000,000'; and
``(B) effective upon the submission by the Administrator to
the Congress of a plan for specific actions to be taken in
connection with the flood insurance program under this title
that will provide for the repayment of any amounts borrowed
pursuant to this paragraph before the expiration of the 10-
year period that begins upon the date of the enactment of
this paragraph, a schedule for implementation of such
actions, a schedule required under subsection (c) for such
repayment, and a certification by the Administrator that the
Administrator will adhere to such schedules, clause (2) of
the first sentence of paragraph (1) shall be applied, through
September 30, 2017, by substituting `$30,425,000,000' for
11,500,000,000'.''.
(b) The amount provided by this section is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and as an emergency requirement pursuant
to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.

[[Page S8210]]

TITLE VII

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

CONSTRUCTION

For an additional amount for ``Construction'' for necessary
expenses incurred to prepare for, respond to, and recover
from Hurricane Sandy, $64,000,000, 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 Park Service

CONSTRUCTION

For an additional amount for ``Construction'' for necessary
expenses incurred to prepare for, respond to, and recover
from Hurricane Sandy, including the full scope of repairs to
the Statue of Liberty and Ellis Island, $190,000,000, 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.

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 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.

ENVIRONMENTAL PROTECTION AGENCY

Leaking Underground Storage Tank Fund

For an additional amount for ``Leaking Underground Storage
Tank Fund'' for necessary expenses related to the
consequences of Hurricane Sandy, $5,000,000, to remain
available until 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.

TITLE VIII

DEPARTMENT OF LABOR

Employment and Training Administration

TRAINING AND EMPLOYMENT SERVICES

For an additional amount for ``Employment and Training
Administration Training and Employment Services'',
$50,000,000 for the dislocated workers assistance national
reserve, which shall be available from the date of enactment
of this Act though 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, as amended.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Adminsitration for Children and Families

SOCIAL SERVICES BLOCK GRANT

For an additional amount for ``Social Services Block
Grant'', $350,000,000, for necessary expenses resulting from
Hurricane Sandy in States for which the President declared a
major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, notwithstanding
section 2003 and paragraphs (1) and (4) of section 2005(a) of
the Social Security Act: Provided, That, notwithstanding
section 2002 of the SSA, the distribution of such amount
shall be limited to the States of New York and New Jersey:
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 the Secretary of Health and Human Services shall
distribute such amount to the States of New York and New
Jersey based on the number of registrants for Individual
Assistance provided by the Federal Emergency Management
Agency within the counties that received a Presidential major
disaster declaration for the Federal Emergency Management
Agency Individual Assistance related to Hurricane Sandy as of
the date of enactment of this Act: Provided further, That in
addition to other uses permitted by title XX of the SSA,
funds appropriated in this paragraph may be used for health
services (including mental health services), and costs of
renovating, repairing, or rebuilding health care facilities
(including mental health facilities), child care facilities,
or other social services facilities: Provided further, That
funds appropriated in this paragraph are also available for
costs incurred up to 3 days prior to Hurricane Sandy's
October 29, 2012 landfall subject to Federal review of
documentation of the cost of services provided: Provided
further, That none of the funds appropriated in this
paragraph shall be available for costs that are reimbursed by
the Federal Emergency Management Agency or by insurance:
Provided further, That, with respect to the Federal interest
in real property acquired or on which construction or major
renovation of facilities (as such terms are defined in 45 CFR
1309.3) is undertaken with these funds, procedures equivalent
to those specified in subpart C of 45 CFR part 1309 shall
apply: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.

CHILDREN AND FAMILY SERVICES PROGRAMS

For an additional amount for ``Children and Families
Services Programs'', $85,000,000, for making payments under
the Head Start Act in States for which the President declared
a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act as a result of
Hurricane Sandy: Provided, That funds appropriated in this
paragraph are not subject to the allocation requirements of
section 640(a) of the Head Start Act: Provided further, That
funds appropriated in this paragraph shall be available
through September 30, 2014 for costs of renovating,
repairing, or rebuilding those Head Start facilities
damaged as a result of Hurricane Sandy: Provided further,
That none of the funds appropriated in this paragraph
shall be included in the calculation of the ``base grant''
in subsequent fiscal years, as such term is used in
section 640(a)(7)(A) of the Head Start Act: Provided
further, That none of the funds appropriated in this
paragraph shall be available for costs that are reimbursed
by the Federal Emergency Management Agency or by
insurance: Provided further, That such 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,
as amended.

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Public Health and Social
Services Emergency Fund'' for disaster response and recovery
expenses related to Hurricane Sandy, $122,000,000, of which
$100,000,000 is to remain available through September 30,
2014: Provided, That these funds may be transferred by the
Secretary to accounts within the Department of Health and
Human Services, and shall be available only for the purposes
provided in this paragraph: Provided further, That the
transfer authority provided in this paragraph is in addition
to any other transfer authority available in this or any
other Act: Provided further, That obligations incurred for
response activities for Hurricane Sandy prior to enactment of
this Act may be charged to this apropriation: Provided
further, That funds appropriated in this paragraph may be
used for renovating, repairing, or rebuilding non-Federal
research facilities damaged as a result of Hurricane Sandy:
Provided further, That none of the funds appropriated in this
paragraph shall be available for costs that are reimbursed by
the Federal Emergency Management Agency or by insurance:
Provided further, That such 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, as amended.

RELATED AGENCIES

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

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

TITLE IX

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Army National Guard

For an additional amount for ``Military Construction, Army
National Guard'', $20,457,000, to remain available until
September 30, 2014, for necessary expenses related to the
consequences of Hurricane Sandy: Provided, That such funds
may be obligated or expended for planning and design and
military construction projects not otherwise authorized by
law: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL SERVICES

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

MEDICAL FACILITIES

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

Departmental Administration

information technology systems

For an additional amount for ``Information Technology
Systems'', $500,000, for necessary

[[Page S8211]]

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

CONSTRUCTION, MAJOR PROJECTS

For an additional amount for ``Construction, Major
Projects'', $207,000,000 to remain available until September
30, 2017, for renovations and repairs to the Department of
Veterans Affairs Medical Center in Manhattan, New York, as a
consequence of damage caused by Hurricane Sandy: Provided,
That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and
design and major medical facility construction not otherwise
authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

TITLE X

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $444,300,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Federal Railroad Administration

OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

For an additional amount for the Secretary to make grants
to the National Railroad Passenger Corporation for costs and
losses incurred as a result of Hurricane Sandy, $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

For the Public Transportation Emergency Relief Program as
authorized under section 5324 of title 49, United States
Code, $3,400,000,000, to remain available until expended, for
recovery and relief efforts in the areas most affected by
Hurricane Sandy: Provided, That up to three-quarters of 1
percent of the funds retained for public transportation
emergency relief shall be available for the purposes of
administrative expenses and ongoing program management
oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2)
and shall be in addition to any other appropriations for such
purposes: Provided further, That, of the funds made available
under this heading, $6,000,000 shall be transferred to the
Office of Inspector General to support the oversight of
activities funded under this heading: Provided further, That
such amounts are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

COMMUNITY DEVELOPMENT FUND

For an additional amount for the ``Community Development
Fund'' for necessary expenses related to disaster relief,
long-term recovery, restoration of infrastructure and
housing, 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.), $2,000,000,000, to remain available until
expended: Provided, That the Secretary shall establish a
minimum allocation for each eligible State declared a major
disaster due to Hurricane Sandy: Provided further, That funds
shall be awarded directly to the State or unit of general
local government as a grantee at the discretion of the
Secretary: Provided further, That the Secretary shall
allocate to grantees not less than 33 percent of the funds
provided under this heading within 60 days after the
enactment of this Act based on the best available data:
Provided farther, That prior to the obligation of funds, a
grantee shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds
will address long-term recovery and restoration of
infrastructure and housing and economic revitalization in
the most impacted and distressed areas: Provided further,
That the Secretary shall by notice specify the criteria
for approval of such plans within 45 days of enactment of
this Act: Provided further, That such funds may not be
used for activities reimbursable by, or for which funds
are made available by, the Federal Emergency Management
Agency or the Army Corps of Engineers: Provided further,
That the final paragraph under the heading Community
Development Block Grants in title II of Public Law 105-276
(42 U.S.C. 5305 note) shall not apply to funds provided
under this heading: Provided further, That funds allocated
under this heading shall not be considered relevant to the
non-disaster formula allocations made pursuant to 42
U.S.C. 5306: Provided further, That a grantee may use up
to 5 percent of its allocation for administrative costs:.
Provided further, That the Secretary shall require that
grantees have established procedures to ensure timely
expenditure of funds and prevent any duplication of
benefits as defined by 42 U.S.C. 5155 and prevent fraud
and abuse of funds: Provided further, That the Secretary
shall provide grantees with technical assistance on
contracting and procurement processes and shall require
grantees, in contracting or procuring for management and
administration of these funds, to incorporate performance
requirements and penalties into any such contracts or
agreements and to maintain information with respect to
performance on the use of any funds for management and
administrative purposes: Provided further, That in
administering the funds under this heading, the Secretary
may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary
administers in connection with the obligation by the
Secretary or the use by the recipient of these funds
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
pursuant to a determination by the Secretary that good
cause exists for the waiver or alternative requirement and
that such action is not inconsistent with the overall
purposes of title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided
further, That notwithstanding the previous proviso,
recipients of funds provided under this heading that use
such funds to match or supplement Federal assistance
provided under sections 402, 403, 406, 407, or 502 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without
review or public comment, any environmental review,
approval, or permit performed by a Federal agency, and
such adoption shall satisfy the responsibilities of the
recipient with respect to such environmental review,
approval, or permit: Provided further, That,
notwithstanding 42 U.S.C. 5304(g)(2), the Secretary may,
upon receipt of a request for release of funds and
certification, immediately approve the release of funds
for an activity or project assisted under this heading if
the recipient has adopted an environmental review prepared
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or the project is categorically
excluded from further review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That a waiver granted by the Secretary
may not reduce the percentage of funds which must be used
for activities that benefit persons of low and moderate
income to less than 50 percent, unless the Secretary
specifically finds that there is a compelling need to
further reduce or eliminate the percentage requirement:
Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation
that the Secretary administers pursuant to title I of the
Housing and Community Development Act of 1974 no later
than 5 days before the effective date of such waiver:
Provided further, That funds provided under this heading
to for-profit enterprises may only assist such enterprises
that meet the definition of small business as defined by
the Small Business Administration under 13 OFR part 121:
Provided further, That notwithstanding the previous
proviso, funds may be provided to a for-profit enterprise,
that does not meet such definition of small business, but
which provides a public benefit, is publicly regulated,
and is otherwise eligible for assistance under 42 U.S.C.
5301 et seq., and the implementing regulations at 24 CFR
Part 570.201(1): Provided further, That of the funds made
available under this heading, up to $10,000,000 may be
transferred to ``Program Office Salaries and Expenses,
Community Planning and Development'' for technical
assistance and administrative costs (including information
technology costs), related solely to administering funds
available, under this heading or funds made available
under prior appropriations to the ``Community Development
Fund'' for disaster relief, long-term recovery, or
emergency expenses: Provided further, That, of the funds
made available under this heading, $10,000,000 shall be
transferred to ``Office of Inspector General'': Provided
further, That the amounts provided under this heading are
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS--THIS TITLE

Sec. 1001. For fiscal year 2013, upon request by a public
housing agency and supported by documentation as required by
the Secretary of Housing and Urban Development that
demonstrates that the need for the adjustment is due to the
disaster, the Secretary may make temporary adjustments to the
Section 8 housing choice voucher annual renewal funding
allocations and administrative fee eligibility determinations
for public housing agencies in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.), to avoid significant adverse funding
impacts that would otherwise result from the disaster.
Sec. 1002. The Departments of Transportation and Housing
and Urban Development

[[Page S8212]]

shall submit to the Committees on Appropriations of the House
of Representatives and the Senate within 45 days after the
date of the enactment of this Act a plan for implementing the
provisions in this chapter, and updates to such plan on a
biannual basis thereafter.
Sec. 1003. None of the funds provided in this chapter to
the Department of Transportation or the Department of Housing
and Urban Development may be used to make a grant unless the
Secretary of such Department notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project, State or locality is selected to
receive a grant award totaling $1,000,000 or more is
announced by either Department or a modal administration.

TITLE XI

GENERAL PROVISIONS--THIS ACT

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