[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4008 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4008

   Making additional supplemental appropriations for disaster relief 
  requirements for the fiscal year ending September 30, 2018, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2017

Mr. Frelinghuysen 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 additional supplemental appropriations for disaster relief 
  requirements for the fiscal year ending September 30, 2018, 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 hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for fiscal 
year 2018, and for other purposes, namely:

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                          disaster relief fund

                     (including transfers of funds)

    For an additional amount for ``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.), $18,670,000,000, 
to remain available until expended, of which $10,000,000 shall be 
transferred to the Department of Homeland Security Office of Inspector 
General for audits and investigations related to disasters: Provided, 
That the Administrator of the Federal Emergency Management Agency shall 
publish on the Agency's website not later than 5 days 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 in excess of $1,000,000, not later than 5 days after the 
issuance of such mission assignment or mission assignment task order, 
the Administrator shall publish on the Agency's website the following: 
the name of the impacted State, 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 a mission assignment or mission assignment task order 
described in the preceding proviso 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 Harvey, Hurricane Irma, or Hurricane Maria, 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, the Administrator shall publish on the 
Agency's website the report (referred to as the Disaster Relief Monthly 
Report) as required by Public Law 114-4.
     Of the amounts provided in this Act for the Disaster Relief Fund, 
up to $4,900,000,000 may be transferred to the Disaster Assistance 
Direct Loan Program Account for the cost of direct loans as authorized 
under section 417 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5184) to be used to assist local 
governments in providing essential services as a result of Hurricanes 
Harvey, Irma, or Maria: Provided further, That such amounts may 
subsidize gross obligations for the principal amount of direct loans 
not to exceed $4,900,000,000 under section 417 of the Stafford Act: 
Provided further, That notwithstanding section 417 of the Stafford Act, 
a territory or possession, and instrumentalities and local governments 
thereof, of the United States shall be deemed to be a local government 
for purposes of this paragraph: Provided further, That notwithstanding 
section 417(b) of the Stafford Act, the amount of any such loan issued 
to a territory or possession, and instrumentalities and local 
governments thereof, may be based on the projected loss of tax and 
other revenues and on projected cash outlays not previously budgeted 
for a period not to exceed 180 days from the date of the major 
disaster, and may exceed $5,000,000: Provided further, That 
notwithstanding any other provision of law or the constitution of a 
territory or possession that limits the issuance of debt, a territory 
or possession, and instrumentalities and local governments thereof, may 
each receive more than one loan with repayment provisions and other 
terms specific to the type of lost tax and other revenues and on 
projected unbudgeted cash outlays for which the loan is provided: 
Provided further, That notwithstanding section 417(c)(1) of the 
Stafford Act, loans to a territory or possession, and instrumentalities 
and local governments thereof, may be canceled in whole or in part only 
at the discretion of the Secretary of Homeland Security in consultation 
with the Secretary of the Treasury: Provided further, That 
notwithstanding any other provision of law, the Secretary of Homeland 
Security, in consultation with the Secretary of the Treasury, shall 
determine the terms, conditions, eligible uses, and timing and amount 
of Federal disbursements of loans issued to a territory or possession, 
and instrumentalities and local governments thereof: Provided further, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974 (2 
U.S.C. 661a): Provided further, That FEMA may transfer up to 1.5 
percent of the amount under this paragraph to the Disaster Assistance 
Direct Loan Program Account for administrative expenses to carry out 
under this paragraph the direct loan program, as authorized by section 
417 of the Stafford Act: Provided further, That of the amount provided 
under this paragraph for transfer, up to $150,000,000 may be 
transferred to the Disaster Assistance Direct Loan Program Account for 
the cost to lend a territory or possession of the United States that 
portion of assistance for which the territory or possession is 
responsible under the cost-sharing provisions of the major disaster 
declaration for Hurricanes Irma or Maria, as authorized under section 
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5162): Provided further, That of the amount provided 
under this paragraph for transfer, up to $1,000,000 may be transferred 
to the Disaster Assistance Direct Loan Program Account for 
administrative expenses to carry out the Advance of Non-Federal Share 
program, as authorized by section 319 of the Stafford Act.
    The amount provided under this heading 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 AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$184,500,000, to remain available through September 30, 2021, for 
urgent wildland fire suppression operations: Provided, That such funds 
shall be solely available to be transferred to and merged with other 
appropriations accounts from which funds were previously transferred 
for wildland fire suppression in fiscal year 2017 to fully repay those 
amounts: 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.

                flame wildfire suppression reserve fund

                     (including transfer of funds)

    For an additional amount for ``FLAME Wildfire Suppression Reserve 
Fund'', $342,000,000, to remain available through September 30, 2021, 
for necessary expenses for large wildland fire suppression operations 
of the Department of Agriculture and as a reserve fund for suppression 
and Federal emergency response activities: Provided, That 
notwithstanding the FLAME Act of 2009 (43 U.S.C. 1748a(e)), such funds 
shall be solely available to be transferred to and merged with other 
appropriations accounts from which funds were previously transferred 
for wildland fire suppression in fiscal year 2017 to fully repay those 
amounts: 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 THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                     (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$50,000,000, to remain available until expended, for urgent wildland 
fire suppression activities and funds necessary to repay any transfers 
needed for these costs: Provided, That such funds may be available to 
be transferred to and merged with other appropriations accounts to 
fully repay amounts previously transferred for wildland fire 
suppression: 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 III

                           GENERAL PROVISIONS

    Sec. 301.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 302.  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. 303.  The terms and conditions applicable to the funds 
provided in this Act, including those provided by this title, shall 
also apply to the funds made available in division B of Public Law 115-
56.
    Sec. 304.  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. 305. (a)(1) Not later than December 31, 2017, 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 and 
division B of Public Law 115-56.
    (2) Not later than March 31, 2018, the Government Accountability 
Office shall review for the Committees on Appropriations of the House 
of Representatives and the Senate the design 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 or division B of Public 
Law 115-56 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.
    Sec. 306. (a) The first proviso under the heading ``Department of 
Housing and Urban Development--Community Planning and Development--
Community Development Fund'' in division B of Public Law 115-56 is 
amended by striking ``State or unit of general local government'' and 
inserting ``State, unit of general local government, or Indian tribe 
(as such term is defined in section 102 of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5302))''.
    (b) Amounts repurposed pursuant to subsection (a) that were 
previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 are designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of such Act.
    Sec. 307.  Section 101(a)(7) of division D of Public Law 115-56 is 
amended to read as follows:
            ``(7) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2017 (division G of Public 
        Law 115-31), except the language under the heading `FLAME 
        Wildfire Suppression Reserve Fund' in the Departments of 
        Agriculture and the Interior.''.
    Sec. 308. (a) Notwithstanding sections 1309, 1310, and 1310a of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4016-4017a) and section 
15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)), 
and any borrowing agreement entered into between the Department of the 
Treasury and the Federal Emergency Management Agency, of the 
indebtedness of the Administrator under any notes or other obligations 
issued pursuant to section 1309(a) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4016(a)) and section 15(e) of the Federal Insurance 
Act of 1956 (42 U.S.C. 2414(e)) that is outstanding as of the date of 
the enactment of this Act, an amount of $16,000,000,000 is hereby 
canceled. To the extent of the amount canceled, the Administrator and 
the National Flood Insurance Fund are relieved of all liability to the 
Secretary of the Treasury under any such notes or other obligations, 
including for any interest due under such notes and any other fees and 
charges payable in connection with such notes, and the total amount of 
notes and obligations issued by the Administrator pursuant to such 
sections shall be considered to be reduced by such amount for the 
purposes of the limitation on such total amount under such section 
1309(a).
    (b) The amount of the indebtedness canceled under subsection (a) 
may be treated as public debt of the United States.
    (c)(1) This section is designated as an emergency requirement 
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
U.S.C. 933(g)).
    (2) The amount provided in this section 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.
    Sec. 309.  Notwithstanding section 19(a)(2)(B) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2028), not to exceed $1,270,000,000 of 
funds made available for the contingency reserve under the heading 
``Supplemental Nutrition Assistance Program'' of division A of Public 
Law 114-113 shall be available for the Secretary to provide a grant to 
the Commonwealth of Puerto Rico for disaster nutrition assistance in 
response to the Presidentially declared major disasters and 
emergencies: Provided, That funds made available to Puerto Rico under 
this section shall remain available for obligation by the Commonwealth 
until September 30, 2019, and shall be in addition to funds otherwise 
made available: 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.
    Sec. 310.  Notwithstanding section 2208(l)(3) of title 10, United 
States Code, during fiscal year 2018, the dollar limitation on advance 
billing of a customer of a working-capital fund in such section shall 
not apply with respect to the advance billing of the Federal Emergency 
Management Agency. In the preceding sentence, the term ``advance 
billing'' has the meaning given the term in section 2208(l)(4) of title 
10, United States Code.
     This Act may be cited as the ``Additional Supplemental 
Appropriations for Disaster Relief Requirements Act of 2017''.
                                 <all>