[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2157 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 91
116th CONGRESS
1st Session
H. R. 2157
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2019
Received; read the first time
May 15, 2019
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
Making supplemental appropriations for the fiscal year ending September
30, 2019, 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 2019, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for the ``Office of the Secretary'',
$3,005,442,000, which shall remain available until December 31, 2020,
for necessary expenses related to losses of crops (including milk, on-
farm stored commodities, and harvested adulterated wine grapes), trees,
bushes, and vines, as a consequence of Hurricanes Michael and Florence,
other hurricanes, floods, tornadoes, typhoons, volcanic activity,
snowstorms, and wildfires occurring in calendar years 2018 and 2019
under such terms and conditions as determined by the Secretary:
Provided, That the Secretary may provide assistance for such losses in
the form of block grants to eligible States and territories and such
assistance may include compensation to producers, as determined by the
Secretary, for past or future crop insurance premiums, forest
restoration, and poultry and livestock losses: Provided further, That
of the amounts provided under this heading, tree assistance payments
may be made under section 1501(e) of the Agricultural Act of 2014 (7
U.S.C. 9081(e)) to eligible orchardists or nursery tree growers (as
defined in such section) of pecan trees with a tree mortality rate that
exceeds 7.5 percent (adjusted for normal mortality) and is less than 15
percent (adjusted for normal mortality), to be available until
expended, for losses incurred during the period beginning January 1,
2018, and ending December 31, 2018: Provided further, That in the case
of producers impacted by volcanic activity that resulted in the loss of
crop land, or access to crop land, the Secretary shall consider all
measures available, as appropriate, to bring replacement land into
production: Provided further, That the total amount of payments
received under this heading and applicable policies of crop insurance
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the
Noninsured Crop Disaster Assistance Program (NAP) under section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) shall not exceed 90 percent of the loss as determined by the
Secretary: Provided further, That the total amount of payments
received under this heading for producers who did not obtain a policy
or plan of insurance for an insurable commodity for the applicable crop
year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses or did not file the required paperwork
and pay the service fee by the applicable State filing deadline for a
noninsurable commodity for the applicable crop year under NAP for the
crop incurring the losses shall not exceed 70 percent of the loss as
determined by the Secretary: Provided further, That producers
receiving payments under this heading, as determined by the Secretary,
shall be required to purchase crop insurance where crop insurance is
available for the next two available crop years, excluding tree
insurance policies, and producers receiving payments under this heading
shall be required to purchase coverage under NAP where crop insurance
is not available in the next two available crop years, as determined by
the Secretary: Provided further, That, not later than 120 days after
the end of fiscal year 2019, the Secretary shall submit a report to the
Congress specifying the type, amount, and method of such assistance by
State and territory: 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.
Farm Service Agency
emergency forest restoration program
For an additional amount for the ``Emergency Forest Restoration
Program'', for necessary expenses related to the consequences of
Hurricanes Michael and Florence and wildfires occurring in calendar
year 2018, and other natural disasters, $480,000,000, 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.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', for necessary expenses for the Emergency Watershed
Protection Program related to the consequences of Hurricanes Michael
and Florence and wildfires occurring in calendar year 2018, and other
natural disasters, $125,000,000 (increased by $310,000,000), 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.
Rural Development
rural community facilities program account
For an additional amount for the cost of grants for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act,
for necessary expenses related to the consequences of Hurricanes
Michael and Florence and wildfires occurring in calendar year 2018, and
other natural disasters, $150,000,000, to remain available until
expended: Provided, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the funds made
available under this heading: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. In addition to other amounts made available by section
309 of division A of the Additional Supplemental Appropriations for
Disaster Relief Requirements Act, 2017 (Public Law 115-72; 131 Stat.
1229), there is hereby appropriated $600,000,000 for the Secretary of
Agriculture to provide a grant to the Commonwealth of Puerto Rico for
disaster nutrition assistance in response to Presidentially declared
major disasters and emergencies: Provided, That the funds made
available to the Commonwealth of Puerto Rico under this section shall
remain available for obligation by the Commonwealth until September 30,
2020, 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. 102. In addition to amounts otherwise made available, out of
the funds made available under section 18 of the Food and Nutrition Act
of 2008, $25,200,000 shall be available for the Secretary to provide a
grant to the Commonwealth of the Northern Mariana Islands for disaster
nutrition assistance in response to the Presidentially declared major
disasters and emergencies: Provided, That funds made available to the
Commonwealth of the Northern Mariana Islands under this section shall
remain available for obligation by the Commonwealth until September 30,
2020: 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. 103. For purposes of administering title I of subdivision 1
of division B of the Bipartisan Budget Act of 2018 (Public Law 115-
123), losses to agricultural producers resulting from hurricanes shall
also include losses of peach and blueberry crops in calendar year 2017
due to extreme cold: Provided, That the amounts provided by this
section 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
amounts repurposed under this heading 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 an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 104. (a)(1) Except as provided in paragraph (2), a person or
legal entity is not eligible to receive a payment under the Market
Facilitation Program established pursuant to the Commodity Credit
Corporation Charter Act (15 U.S.C. 714 et seq.) if the average adjusted
gross income of such person or legal entity is greater than $900,000.
(2) Paragraph (1) shall not apply to a person or legal entity if at
least 75 percent of the adjusted gross income of such person or legal
entity is derived from farming, ranching, or forestry related
activities.
(b) A person or legal entity may not receive a payment under the
Market Facilitation Program described in subsection (a)(1), directly or
indirectly, of more than $125,000.
(c) In this section, the term ``average adjusted gross income'' has
the meaning given the term defined in section 760.1502 of title 7 Code
of Federal Regulations (as in effect July 18, 2018).
(d) The amount provided by 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. 105. There is hereby appropriated $5,000,000, to remain
available until September 30, 2020, for the Secretary of Agriculture to
conduct an independent study, including a survey of participants, to
compare the impact of the additional benefits provided by section 309
of Public Law 115-72 to the food insecurity, health status, and well-
being of low-income residents in Puerto Rico without such additional
benefits: 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.
Sec. 106. In addition to amounts otherwise made available, out of
the funds made available under section 18 of the Food and Nutrition Act
of 2008, $5,000,000 (increased by $13,000,000) shall be available for
the Secretary to provide a grant to American Samoa for disaster
nutrition assistance in response to the Presidentially declared major
disasters and emergencies: Provided, That funds made available to the
territory under this section shall remain available for obligation by
the territory until September 30, 2020: 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. 107. For an additional amount for the ``Emergency
Conservation Program'', for necessary expenses related to the
consequences of Hurricanes Michael and Florence and of wildfires
occurring in calendar year 2018, and other natural disasters,
$500,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary expenses
related to flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major disaster
designation as a result of Hurricanes Florence, Michael, and Lane,
Typhoons Yutu and Mangkhut, and of wildfires, volcanic eruptions,
earthquakes, and other natural disasters occurring in calendar year
2018, and tornadoes and floods occurring in calendar year 2019 under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $600,000,000, 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: Provided
further, That within the amount appropriated, up to 2 percent of funds
may be transferred to the ``Salaries and Expenses'' account for
administration and oversight activities: Provided further, That within
the amount appropriated, $1,000,000 shall be transferred to the
``Office of Inspector General'' account for carrying out investigations
and audits related to the funding provided under this heading.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
Hurricanes Florence and Michael, Typhoon Yutu, and of wildfires,
$120,570,000 (increased by $5,000,000), to remain available until
September 30, 2020, as follows:
(1) $3,000,000 for repair and replacement of observing
assets, real property, and equipment;
(2) $11,000,000 for marine debris assessment and removal;
(3) $31,570,000 for mapping, charting, and geodesy
services;
(4) $25,000,000 (increased by $5,000,000) to improve: (a)
hurricane intensity forecasting, including through deployment
of unmanned ocean observing platforms and enhanced data
assimilation; (b) flood prediction, forecasting, and mitigation
capabilities; and (c) wildfire prediction, detection, and
forecasting; and
(5) $50,000,000 for Title IX Fund grants as authorized
under section 906(c) of division O of Public Law 114-113:
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 National Oceanic and Atmospheric Administration shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate for funding provided under subsection
(4) of this heading within 45 days after the date of enactment of this
Act.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $25,000,000, to remain available until September 30,
2021, for improvements to operational and research weather
supercomputing infrastructure and satellite ground services used for
hurricane intensity and track prediction; flood prediction,
forecasting, and mitigation; and wildfire prediction, detection, and
forecasting: 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 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.
fishery disaster assistance
For an additional amount for ``Fishery Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$150,000,000, to remain available until expended: Provided, That funds
shall be used for mitigating the effects of commercial fishery failures
and fishery resource disasters declared by the Secretary of Commerce,
including those declared by the Secretary to be a direct result of
Hurricanes Florence and Michael and Typhoons Yutu and Mangkhut:
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 JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael and Typhoon Yutu, $1,336,000: 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.
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael and Typhoon Yutu, $28,400,000, 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.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of Hurricanes Florence, Michael, and Lane, Typhoons Yutu
and Mangkhut, calendar year 2018 wildfires, volcanic eruptions, and
earthquakes, and calendar year 2019 tornadoes and floods, $15,000,000:
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 none of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose prohibited or
limited by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions set forth in such sections,
except that all references in sections 502 and 503 to 1997 and 1998
shall be deemed to refer instead to 2018 and 2019, respectively, and
except that sections 501 and 503 of Public Law 104-134 (referenced by
Public Law 105-119) shall not apply to the amount made available under
this heading: Provided further, That, for the purposes of this Act,
the Legal Services Corporation shall be considered an agency of the
United States Government.
TITLE III
DEPARTMENT OF DEFENSE
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $200,000,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence: 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 section 284 of title 10, United States Code, or any
other provision of law, funds made available under this heading may
only be used for the purposes specifically described under this
heading.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $400,000,000 (increased by $270,000,000), for necessary
expenses related to the consequences of Hurricanes Michael and
Florence: 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 section 284 of title 10, United
States Code, or any other provision of law, funds made available under
this heading may only be used for the purposes specifically described
under this heading.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and completion, of
flood and storm damage reduction, including shore protection, studies
which are currently authorized or which are authorized after the date
of enactment of this Act, to reduce risk from future floods and
hurricanes, at full Federal expense, $35,000,000, to remain available
until expended, in States and insular areas that were impacted by
Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu,
and Tropical Storm Gita: 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 directly to the
Committees on Appropriations of the House and the Senate detailing the
allocation and obligation of these funds, including new studies
selected to be initiated using funds provided under this heading,
beginning not later than 60 days after the date of enactment of this
Act.
construction
For an additional amount for ``Construction'' for necessary
expenses, $740,000,000, to remain available until expended, to
construct flood and storm damage reduction, including shore protection,
projects which are currently authorized or which are authorized after
the date of enactment of this Act, and flood and storm damage
reduction, including shore protection, projects which have signed
Chief's Reports as of the date of enactment of this Act or which are
studied using funds provided under the heading ``Investigations'' if
the Secretary determines such projects to be technically feasible,
economically justified, and environmentally acceptable, in States and
insular areas that were impacted by Hurricanes Florence and Michael,
Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita:
Provided, That projects receiving funds provided under the first
proviso in ``Corps of Engineers-Civil--Department of the Army--
Construction'' in Public Law 115-123 shall not be eligible for funding
provided under this heading: Provided further, That for projects
receiving funding under this heading, the provisions of section 902 of
the Water Resources Development Act of 1986 shall not apply to these
funds: Provided further, That the completion of ongoing construction
projects receiving funds provided under this heading shall be at full
Federal expense with respect to such funds: Provided further, That
using funds provided under this heading, the non-Federal cash
contribution for projects other than ongoing construction projects
shall be financed in accordance with the provisions of section 103(k)
of Public Law 99-662 over a period of 30 years from the date of
completion of the project or separable element: Provided further, That
of this amount, $45,000,000 shall be used to initiate, at full Federal
expense, construction of authorized Corps of Engineers ecosystem
restoration projects that have incidental flood risk management
benefits in areas impacted by Hurricanes Irma and Maria: Provided
further, That up to $25,000,000 of the funds made available under this
heading shall be used for continuing authorities projects to reduce the
risk of flooding and storm damage: Provided further, That any projects
using funds appropriated under this heading shall be initiated only
after non-Federal interests have entered into binding agreements with
the Secretary requiring, where applicable, the non-Federal interests to
pay 100 percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the United
States free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: 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: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds, beginning not later than 60 days after
the date of the enactment of this Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for necessary expenses to address emergency situations at Corps of
Engineers projects and rehabilitate and repair damages to Corps of
Engineers projects, caused by natural disasters, including disasters in
2019, $575,000,000, 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: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report directly to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after the date of
enactment of this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused
by, natural disasters, including disasters in 2019, $908,000,000, to
remain available until expended, of which such sums as are necessary to
cover the Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors shall be derived
from the Harbor Maintenance Trust Fund: 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 directly to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after the date of
enactment of this Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane and other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters, including
disasters in 2019, as authorized by law, $510,000,000, 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: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not
later than 60 days after the date of enactment of this Act.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For an additional amount for ``Central Utah Project Completion
Account'', $350,000, to be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission, to remain available until
expended, for expenses necessary in carrying out fire remediation
activities related to wildfires in 2018: 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 Reclamation
water and related resources
For an additional amount for ``Water and Related Resources'',
$17,000,000, to remain available until expended, for fire remediation
and suppression emergency assistance related to wildfires in 2017 and
2018: 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.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
electricity delivery
For an additional amount for ``Electricity Delivery'', $15,500,000,
to remain available until expended, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria, and Super
Typhoon Yutu, including technical assistance related to electric grids:
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 Electricity Delivery shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days after the
date of enactment of this Act.
TITLE V
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Michael,
Florence, and Lane, Tropical Storm Gordon, and Typhoon Mangkhut,
$48,977,000; of which $46,977,000 shall remain available until
September 30, 2020, and of which $2,000,000 shall remain available
until September 30, 2023, for environmental compliance and restoration:
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, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Michael, Florence, and Lane, Tropical Storm Gordon, and
Typhoon Mangkhut, $476,755,000, to remain available until September 30,
2023: 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 PROVISIONS--THIS TITLE
Sec. 501. (a) In General.--The Federal share of assistance provided
for DR-4336-PR, DR-4339-PR, DR-4340-USVI and DR-4335-USVI under
sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170b and 5173) shall be 100
percent of the eligible costs under such sections.
(b) Applicability.--The Federal share provided by subsection (a)
shall apply to disaster assistance applied for before, on, or after the
date of enactment of this Act.
Sec. 502. The Administrator of the Federal Emergency Management
Agency shall provide assistance, pursuant to section 428 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), for critical services as defined in section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act for the
duration of the recovery for incidents DR-4404, DR-4396, and DR-4398
to--
(1) replace or restore the function of a facility or system
to industry standards without regard to the pre-disaster
condition of the facility or system; and
(2) replace or restore components of the facility or system
not damaged by the disaster where necessary to fully effectuate
the replacement or restoration of disaster-damaged components
to restore the function of the facility or system to industry
standards.
Sec. 503. Section 20601 of Public Law 115-123 (132 Stat. 85) is
amended by striking ``may'' and inserting ``shall''. Provided, That
the amounts provided by this section 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 amounts repurposed under this heading 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 an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 504. (a) In General.--The President shall make a contribution
under section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) for each eligible rural
medical facility that was damaged or destroyed by a major disaster
during calendar year 2015, regardless of whether the operations of such
medical facility were subsequently carried out in a temporary
replacement facility. Such contribution shall be sufficient to provide
for a full permanent replacement of each such medical facility to the
resiliency standards described in subsection (b).
(b) Resiliency Standards.--A permanent replacement facility
provided for under this section shall meet--
(1) the definition of resilient developed pursuant to
section 406(e) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(e)); and
(2) any relevant consensus-based codes, specifications, and
standards.
(c) Temporary Replacement Facility.--In any case in which the
President, acting through the Federal Emergency Management Agency, has
provided funding to lease or purchase a temporary replacement facility
to house the operations of an eligible rural medical facility for which
a permanent replacement facility is required under this section, the
President shall continue such funding until a permanent replacement
facility is operational, including for any period of time for which
funding has not otherwise been provided.
(d) Hospital Successor Entity.--A transfer in ownership of an
eligible rural medical facility or of a permanent replacement facility,
or the execution of a transaction by the owner of an eligible rural
medical facility resulting in different ownership of a permanent
replacement facility, shall not affect the requirement in subsection
(a) to provide for a full replacement of the facility for which funds
are provided under this section, provided that such funds are provided
to an entity otherwise eligible for assistance under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172).
(e) Definition of Eligible Rural Medical Facility.--In this
section, the term ``eligible rural medical facility'' means a private
nonprofit hospital facility--
(1) located in a county with a population below 40,000, as
determined by the most recent decennial census;
(2) that sustained damage during calendar year 2015 that
was eligible for financial assistance under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172); and
(3) that was closed following damage sustained during a
major disaster and remains closed as of the date of enactment
of this Act.
(f) The amounts provided by this section 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.
Sec. 505. (a) In General.--The President shall make a contribution
under section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) to the applicable State or
local government for each eligible hydroelectric facility that was
damaged or destroyed by a major disaster during calendar year 2015 to
carry out the improvements for which such contribution was provided
under this section.
(b) Contribution.--Each contribution provided for improvements to
an eligible hydroelectric facility under subsection (a) shall be
sufficient to--
(1) rebuild canal embankments to meet all applicable
guidelines in the Engineering Guidelines for the Evaluation of
Hydropower Projects prepared by the Federal Energy Regulatory
Commission;
(2) restore all other water-control and retaining
structures to meet all applicable such Engineering Guidelines;
and
(3) provide for either--
(A) the restoration of the eligible hydroelectric
facility to full operation of its function as a primary
water source and hydroelectric power supply; or
(B) the establishment of an alternative primary
water source and the restoration of the full operation
of the hydroelectric power supply function of the
eligible hydroelectric facility pursuant to the
requirements of subsection (c).
(c) Alternative Contribution.--A contribution may cover the
establishment of an alternative primary water source under subsection
(b)(3)(B) only if--
(1) the water source could provide redundancy to the water
supply provided by an eligible hydroelectric facility;
(2) the water source is approved by any applicable
regulatory agencies; and
(3) the cost of the establishment of such water source and
the restoration of the full operation of the hydroelectric
power supply function of the eligible hydroelectric facility is
less than the cost of restoring the eligible hydroelectric
facility to full operation as described under subsection
(b)(3)(A).
(d) Resiliency Standards.--An improvement carried out under this
section shall meet the definition of resilient developed pursuant to
section 406(e) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172(e)).
(e) Definition of Eligible Hydroelectric Facility.--In this
section, the term ``eligible hydroelectric facility'' means a
hydroelectric facility that--
(1) is part of a system that provides the primary water
source for more than 200,000 people;
(2) sustained damage eligible for financial assistance
under section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172);
(3) is licensed by the Federal Energy Regulatory Commission
under part I of the Federal Power Act (16 U.S.C. 792 et seq.);
and
(4) has been assigned a significant hazard potential
classification in accordance with chapter 1 of the Engineering
Guidelines for the Evaluation of Hydropower Projects prepared
by the Federal Energy Regulatory Commission.
(f) The amounts provided by this section 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.
Sec. 506. In implementing section 502 of this Act or section 20601
of Public Law 115-123, the Administrator shall include the costs
associated with addressing pre-disaster condition, undamaged
components, codes and standards, and industry standards in the cost of
repair when calculating the percentage in section 206.226(f) of title
44, Code of Federal Regulations: Provided, That the amounts provided by
this section 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
amounts repurposed under this heading 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 an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE VI
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Florence, Lane, and
Michael, and flooding associated with major declared disaster DR-4365,
and calendar year 2018 earthquakes, $82,400,000, to remain available
until expended: Provided, That of this amount $50,000,000 shall be
used to restore and rebuild national wildlife refuges and increase the
resiliency and capacity of coastal habitat and infrastructure to
withstand storms and reduce the amount of damage caused by such storms:
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.
National Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation Fund'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and Typhoon Yutu, $50,000,000, to remain available until
September 30, 2022, including costs to States and territories necessary
to complete compliance activities required by section 306108 of title
54, United States Code (formerly section 106 of the National Historic
Preservation Act) and costs needed to administer the program:
Provided, That grants shall only be available for areas that have
received a major disaster declaration pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That individual grants shall not be
subject to a non-Federal matching requirement: 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.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Florence and
Michael, Typhoons Yutu and Mangkhut, and calendar year 2018 wildfires,
earthquakes, and volcanic eruptions, $78,000,000, 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.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences of
Hurricanes Florence and Michael, and calendar year 2018 wildfires,
earthquake damage associated with emergency declaration EM-3410, and in
those areas impacted by a major disaster declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) with respect to calendar year 2018 wildfires or
volcanic eruptions, $98,500,000, to remain available until expended:
Provided, That of this amount, $72,310,000 is for costs related to the
repair and replacement of equipment and facilities damaged by disasters
in 2018: Provided further, That, not later than 90 days after the date
of enactment of this Act, the Survey shall submit a report to the
Committees on Appropriations that describes the potential options to
replace the facility damaged by the 2018 volcano disaster along with
cost estimates and a description of how the Survey will provide direct
access for monitoring volcanic activity and the potential threat to at-
risk communities: 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.
Departmental Offices
Insular Affairs
assistance to territories
For an additional amount for ``Technical Assistance'' for financial
management expenses related to the consequences of Typhoon Yutu,
$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.
Office of Inspector General
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of major disasters
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 2018, $1,000,000,
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.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For an additional amount for ``Science and Technology'' for
necessary expenses related to improving preparedness of the water
sector, $600,000, 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.
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage Tank
Fund'' for necessary expenses related to the consequences of Hurricanes
Florence and Michael, calendar year 2018 earthquakes, and Typhoon Yutu,
$1,500,000, 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.
State and Tribal Assistance Grants
For additional amounts for ``State and Tribal Assistance Grants''
for necessary expenses related to the consequences of Hurricanes
Florence and Michael and calendar year 2018 earthquakes for the
hazardous waste financial assistance grants program, $1,500,000, to
remain available until expended; for necessary expenses related to the
consequences of Typhoon Yutu for the hazardous waste financial
assistance grants program and for other solid waste management
activities, $56,000,000, to remain available until expended, provided
that none of these funds shall be subject to section 3011(b) of the
Solid Waste Disposal Act; and for grants under section 106 of the
Federal Water Pollution Control Act, $5,000,000, to remain available
until expended, to address impacts of Hurricane Florence, Hurricane
Michael, Typhoon Yutu, and calendar year 2018 wildfires,
notwithstanding subsections (b), (e), and (f), of such section:
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.
For an additional amount for ``State and Tribal Assistance
Grants'', $349,400,000 (increased by $8,800,000) to remain available
until expended, of which $53,300,000 (increased by $8,800,000) shall be
for capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act, and of which
$296,100,000 shall be for capitalization grants under section 1452 of
the Safe Drinking Water Act: Provided, That notwithstanding section
604(a) of the Federal Water Pollution Control Act and section
1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein
shall be provided to States or Territories in EPA Regions 4, 9, and 10
in amounts determined by the Administrator for wastewater treatment
works and drinking water facilities impacted by Hurricanes Florence and
Michael, Typhoon Yutu, and calendar year 2018 wildfires and
earthquakes: Provided further, That notwithstanding the requirements
of section 603(i) of the Federal Water Pollution Control Act and
section 1452(d) of the Safe Drinking Water Act, for the funds
appropriated herein, each State shall use not less than 20 percent but
not more than 30 percent of the amount of its capitalization grants to
provide additional subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants or any
combination of these: Provided further, That the Administrator shall
retain $10,400,000 (increased by $8,800,000) of the funds appropriated
herein for grants for drinking water facilities and waste water
treatment plants impacted by Typhoon Yutu: Provided further, That the
funds appropriated herein shall be used for eligible projects whose
purpose is to reduce flood or fire damage risk and vulnerability or to
enhance resiliency to rapid hydrologic change or natural disaster at
treatment works as defined by section 212 of the Federal Water
Pollution Control Act or any eligible facilities under section 1452 of
the Safe Drinking Water Act, and for other eligible tasks at such
treatment works or facilities necessary to further such purposes:
Provided further, That the Administrator of the Environmental
Protection Agency may retain up to $1,000,000 of the funds appropriated
herein for management and oversight: 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.
In addition, for an additional amount for ``State and Tribal
Assistance Grants'', $500,000,000, to remain available until expended,
of which $261,000,000 shall be for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act, and of which $239,000,000 shall be for
capitalization grants under section 1452 of the Safe Drinking Water
Act: Provided, That notwithstanding section 604(a) of the Federal
Water Pollution Control Act and section 1452(a)(1)(D) of the Safe
Drinking Water Act, funds appropriated herein shall be provided to
States or Territories in EPA Regions 2, 4, and 6 in amounts determined
by the Administrator for wastewater and drinking water treatment works
and facilities impacted by Hurricanes Harvey, Irma, and Maria:
Provided further, That, for Region 2, such funds allocated from funds
appropriated herein shall not be subject to the matching or cost share
requirements of sections 602(b)(2), 602(b)(3) of the Federal Water
Pollution Control Act nor the matching requirements of section 1452(e)
of the Safe Drinking Water Act: Provided further, That, for Region 2,
notwithstanding the requirements of section 603(i) of the Federal Water
Pollution Control Act and section 1452(d) of the Safe Drinking Water
Act, each State and Territory shall use the full amount of its
capitalization grants allocated from funds appropriated herein to
provide additional subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants or any
combination of these: Provided further, That, for Regions 4 and 6,
notwithstanding the requirements of section 603(i) of the Federal Water
Pollution Control Act and section 1452(d) of the Safe Drinking Water
Act, for the funds allocated, each State shall use not less than 20
percent but not more than 30 percent amount of its capitalization
grants allocated from funds appropriated herein to provide additional
subsidization to eligible recipients in the form of forgiveness of
principal, negative interest loans or grants or any combination of
these: Provided further, That the Administrator shall retain
$74,600,000 of the funds appropriated herein for grants to any State or
territory that has not established a water pollution control revolving
fund pursuant to title VI of the Federal Water Pollution Control Act or
section 1452 of the Safe Drinking Water Act for drinking water
facilities and waste water treatment plants impacted by Hurricanes Irma
and Maria: Provided further, That the funds appropriated herein shall
only be used for eligible projects whose purpose is to reduce flood
damage risk and vulnerability or to enhance resiliency to rapid
hydrologic change or a natural disaster at treatment works as defined
by section 212 of the Federal Water Pollution Control Act or any
eligible facilities under section 1452 of the Safe Drinking Water Act,
and for other eligible tasks at such treatment works or facilities
necessary to further such purposes: Provided further, That, for Region
2, notwithstanding section 603(d)(2) of the Federal Water Pollution
Control Act and section 1452(f)(2) of the Safe Drinking Water Act,
funds allocated from funds appropriated herein may be used to make
loans or to buy, refinance or restructure the debt obligations of
eligible recipients only where such debt was incurred on or after
September 20, 2017: Provided further, That the Administrator of the
Environmental Protection Agency may retain up to $1,000,000 of the
funds appropriated herein for management and oversight: 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.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and the calendar year 2018 wildfires, $1,000,000, to
remain available until expended for the forest inventory and analysis
program: 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.
state and private forestry
For an additional amount for ``State and Private Forestry'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and the calendar year 2018 wildfires, $12,000,000, 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.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and the calendar year 2018 wildfires, $84,960,000, to
remain available until expended: Provided, That of this amount
$21,000,000 shall be used for hazardous fuels management activities:
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.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for necessary expenses related to the consequences of
Hurricanes Florence and Michael, and the calendar year 2018 wildfires,
$36,040,000, 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.
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$720,271,000, to remain available through September 30, 2022, 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 2018 to fully repay those
amounts: Provided further, 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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of Environmental
Health Sciences'' for necessary expenses in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section
126(g) of the Superfund Amendments and Reauthorization Act of 1986
related to the consequences of major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in 2018, $1,000,000, 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.
GENERAL PROVISION--THIS TITLE
Sec. 601. Not later than 45 days after the date of enactment of
this Act, the agencies receiving funds appropriated by this title shall
provide a detailed operating plan of anticipated uses of funds made
available in this title by State and Territory, and by program,
project, and activity, to the Committees on Appropriations: Provided,
That no such funds shall be obligated before the operating plans are
provided to the Committees: Provided further, That such plans shall be
updated, including obligations to date, and submitted to the Committees
on Appropriations every 60 days until all such funds are expended.
TITLE VII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For an additional amount for ``Training and Employment Services'',
$50,000,000, for the dislocated workers assistance national reserve for
necessary expenses directly related to the consequences of Hurricanes
Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, wildfires
occurring in calendar year 2018, and tornadoes and floods occurring in
calendar year 2019, to remain available through September 30, 2020:
Provided, That the Secretary of Labor may transfer up to $1,000,000 of
such funds to any other Department of Labor account for reconstruction
and recovery needs, including worker protection activities: Provided
further, That these sums may be used to replace grant funds previously
obligated to the impacted areas: Provided further, That of the amount
provided, up to $500,000, to remain available until expended, shall be
transferred to ``Office of Inspector General'' for oversight of
activities responding to such consequences: 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 HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
health surveillance and program support
For an additional amount for ``Health Surveillance and Program
Support'', $30,000,000, to remain available until September 30, 2019,
for grants, contracts and cooperative agreements for behavioral health
treatment, crisis counseling, and other related helplines, and for
other similar programs to provide support to individuals impacted by
Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu,
wildfires occurring in 2018, and tornadoes and floods occurring in
calendar year 2019 in those areas for which a major disaster or
emergency has been declared under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191): Provided, That obligations incurred for the purposes
provided herein prior to the date of enactment of this Act may be
charged to funds appropriated under this heading: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$250,000,000, which shall remain available through September 30, 2020,
for necessary expenses directly related to the consequences of
Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu,
wildfires occurring in 2018, and tornadoes and floods occurring in
calendar year 2019 in those areas for which a major disaster or
emergency has been declared under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191): Provided, That notwithstanding section 2002 of the Social
Security Act, the distribution of such amount shall be limited to
States directly affected by these events: Provided further, That the
time limits in section 2002(c) of the Social Security Act shall not
apply to funds appropriated in this paragraph that are used for
renovation, repair or construction: 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 in addition to other uses permitted by title XX of the Social
Security Act, funds appropriated in this paragraph may be used for
health services (including mental health services), and for costs of
renovating, repairing, and construction of health care facilities
(including mental health facilities), child care centers, and other
social services facilities: Provided further, That of the amount
provided, up to $1,000,000, to remain available until expended, shall
be transferred to ``Office of the Secretary--Office of Inspector
General'' for oversight of activities responding to such hurricanes,
typhoons, wildfires, tornadoes, and floods: Provided further, That
funds appropriated in this paragraph shall not be available for costs
that are reimbursed by the Federal Emergency Management Agency, under a
contract for insurance, or by self-insurance: Provided further, That
obligations incurred for the purposes provided herein prior to the date
of enactment of this Act may be charged to funds appropriated under
this heading: Provided further, That up to $3,000,000 may be used to
supplement amounts available for the necessary expenses of
administering subtitle A of title XX of the Social Security 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.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $60,000,000, to remain available until September 30, 2021,
for Head Start programs, including making payments under the Head Start
Act, for necessary expenses directly related to the consequences of
Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu,
wildfires occurring in 2018, and tornadoes and floods occurring in
calendar year 2019 in those areas for which a major disaster or
emergency has been declared under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191): Provided, That none of the funds appropriated in this
paragraph shall be included in the calculation of the ``base grant'' in
subsequent fiscal years, as such term is defined in section
640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act:
Provided further, That funds appropriated in this paragraph are not
subject to the allocation requirements of section 640(a) of the Head
Start Act: Provided further, That funds appropriated in this paragraph
shall not be available for costs that are reimbursed by the Federal
Emergency Management Agency, under a contract for insurance, or by
self-insurance: Provided further, That up to $2,000,000 shall be
available for Federal administrative expenses: Provided further, That
obligations incurred for the purposes provided herein prior to the date
of enactment of this Act may be charged to funds appropriated under
this heading: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF EDUCATION
hurricane education recovery
(including transfer of funds)
For an additional amount for ``Hurricane Education Recovery'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, Typhoon Mangkhut, Super Typhoon Yutu, the wildfires,
earthquakes, and volcanic eruptions occurring in calendar year 2018,
and tornadoes and floods occurring in calendar year 2019 in those areas
for which a major disaster or emergency has been declared under section
401 or 501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191) (referred to under this
heading as a ``covered disaster or emergency''), $165,000,000, to
remain available through September 30, 2019: Provided, That such
assistance may be provided through any of the programs authorized under
this heading in title VIII of subdivision 1 of division B of Public Law
115-123 (as amended by Public Law 115-141), as determined by the
Secretary of Education, and subject to the terms and conditions that
applied to those programs, except that references to dates and school
years in Public Law 115-123 shall be deemed to be the corresponding
dates and school years for the covered disaster or emergency: Provided
further, That the Secretary of Education may determine the amounts to
be used for each such program and shall notify the Committees on
Appropriations of the House of Representatives and the Senate of these
amounts not later than 7 days prior to obligation: Provided further,
That $2,000,000 of the funds made available under this heading, to
remain available until expended, shall be transferred to the Office of
the Inspector General of the Department of Education for oversight of
activities supported with funds appropriated under this heading, and up
to $1,000,000 of the funds made available under this heading shall be
for program administration: 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. (a) Section 1108(g)(5) of the Social Security Act (42
U.S.C. 1308(g)(5)) is amended--
(1) in subparagraph (A), by striking ``and (E)'' and
inserting ``(E), and (F)'';
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``and (E)'' and inserting ``and (F)'';
(3) by redesignating subparagraph (E) as subparagraph (F);
(4) by inserting after subparagraph (D), the following:
``(E) Subject to subparagraph (F), for the period
beginning January 1, 2019, and ending September 30,
2019, the amount of the increase otherwise provided
under subparagraph (A) for the Northern Mariana Islands
shall be further increased by $36,000,000.''; and
(5) in subparagraph (F) (as redesignated by paragraph (3)
of this section)--
(A) by striking ``title XIX, during'' and inserting
``title XIX--
``(i) during'';
(B) by striking ``and (D)'' and inserting ``, (D),
and (E)'';
(C) by striking ``and the Virgin Islands'' each
place it appears and inserting ``, the Virgin Islands,
and the Northern Mariana Islands'';
(D) by striking the period at the end and inserting
``; and''; and
(E) by adding at the end the following:
``(ii) for the period beginning January 1,
2019, and ending September 30, 2019, with
respect to payments to Guam and American Samoa
from the additional funds provided under
subparagraph (A), the Secretary shall increase
the Federal medical assistance percentage or
other rate that would otherwise apply to such
payments to 100 percent.''.
(b) The amounts provided by the amendments made by subsection (a)
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.
Sec. 702. Not later than 30 days after the date of enactment of
this Act, the Secretaries of Labor, Health and Human Services, and
Education shall provide a detailed spend plan of anticipated uses of
funds made available in this title, including estimated personnel and
administrative costs, to the Committees on Appropriations: Provided,
That such plans shall be updated and submitted to the Committees on
Appropriations every 60 days until all funds are expended or expire.
Sec. 703. The second proviso under the heading ``Hurricane
Education Recovery'' under the heading ``Department of Education''
under title VIII of subdivision 1 of division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123; 132 Stat. 95) is amended--
(1) in paragraph (2)--
(A) in subparagraph (I), by striking ``and'' after
the semicolon; and
(B) by adding at the end the following:
``(K) assistance provided to an eligible entity
under this heading, including assistance provided to an
eligible entity before the date of enactment of the
Supplemental Appropriations Act, 2019, may be used by
the eligible entity for a purpose described in section
406 of the Robert T. Stafford Disaster and Relief
Emergency Act (42 U.S.C. 5172), notwithstanding section
102(e)(3) of title IV of division B of Public Law 109-
148 (119 Stat. 2794), if the eligible entity will
receive funds for that purpose under such section 406;
and
``(L) any duplicative Federal assistance provided
under this heading to an eligible entity may be
retained by the entity and used for other activities to
restart school operations in accordance with this
paragraph;'';
(2) in paragraph (9), by striking ``and'' after the
semicolon;
(3) by redesignating paragraph (10) as paragraph (11); and
(4) by inserting after paragraph (9) the following:
``(10) amounts available under paragraph (4) that exceed
the amount required to meet the need for such funds as
determined by the Secretary as of December 31, 2018, shall be
available to carry out paragraph (3); and'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VIII
LEGISLATIVE BRANCH
Government Accountability Office
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until expended, for audits and
investigations related to Hurricanes Florence, Lane, and Michael,
Typhoons Yutu and Mangkhut, the calendar year 2018 wildfires,
earthquakes, and volcano eruptions, and other disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): Provided, That, not later
than 90 days after the date of enactment of this Act, the Government
Accountability Office shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a spend plan specifying
funding estimates for audits and investigations of any such declared
disasters occurring in 2018 and identifying funding estimates or
carryover balances, if any, that may be available for audits and
investigations of any other such declared disasters: 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 IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $115,000,000 (increased by $385,000,000), to remain
available until September 30, 2023, for planning and design related to
the consequences of Hurricanes Florence and Michael on Navy and Marine
Corps installations: Provided, That none of the funds shall be
available for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive a master plan for the
installations and a form 1391 for each specific project: Provided
further, That, not later than 60 days after enactment of this Act, the
Secretary of the Navy, or his designee, shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds provided under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That notwithstanding section 2808 of title 10, United
States Code, or any other provision of law, funds made available under
this heading may only be used for the purposes specifically described
under this heading.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$700,000,000 (increased by $300,000,000), to remain available until
September 30, 2023, for planning and design, and construction expenses
related to the consequences of Hurricane Michael: Provided, That none
of the funds shall be available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate receive a
basing plan and future mission requirements for installations
significantly damaged by Hurricane Michael: Provided further, That,
not later than 60 days after enactment of this Act, the Secretary of
the Air Force, or his designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds provided under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That notwithstanding section 2808 of title 10, United
States Code, or any other provision of law, funds made available under
this heading may only be used for the purposes specifically described
under this heading.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $42,400,000, to remain available until September 30, 2023, for
necessary expenses related to the consequences of Hurricanes Florence
and Michael: Provided, That none of the funds shall be available for
obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each specific
request: Provided further, That, not later than 60 days after
enactment of this Act, the Director of the Army National Guard, or his
designee, shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a detailed expenditure plan for funds
provided under this heading: Provided further, That such 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: Provided further, That
notwithstanding section 2808 of title 10, United States Code, or any
other provision of law, funds made available under this heading may
only be used for the purposes specifically described under this
heading.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical facilities
(including transfer of funds)
For an additional amount for ``Medical Facilities'', $3,000,000, to
remain available until September 30, 2023, for necessary expenses
related to the consequences of Hurricanes Florence and Michael and
Typhoons Mangkhut and Yutu: Provided, That the Secretary of Veterans
Affairs, upon determination that such action is necessary to address
needs as a result of the consequences of Hurricanes Florence and
Michael and Typhoons Mangkhut and Yutu, may transfer such funds to any
discretionary account of the Department of Veterans Affairs: Provided
further, That before a transfer may take place, the Secretary of
Veterans Affairs shall submit notice thereof to the Committee on
Appropriations of the House of Representatives and the Senate:
Provided further, That none of these funds shall be available for
obligation until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed expenditure plan for funds provided under this
heading: Provided further, That 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 Transit Administration
public transportation emergency relief program
For an additional amount for the ``Public Transportation Emergency
Relief Program'' as authorized under section 5324 of title 49, United
States Code, $10,542,000 to remain available until expended, for
transit systems affected by major declared disasters occurring in
calendar year 2018: Provided, That not more than three-quarters of 1
percent of the funds for public transportation emergency relief shall
be available for administrative expenses and ongoing program management
oversight as authorized under sections 5334 and 5338(f)(2) of such
title and shall be in addition to any other appropriations for such
purpose: 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.
Federal Aviation Administration
operations
(airport and airway trust fund)
Of the amounts made available for ``Federal Aviation
Administration--Operations'' in division B of the Bipartisan Budget Act
of 2018 (Public Law 115-123), up to $18,000,000 shall also be available
for necessary expenses related to the consequences of major declared
disasters occurring in calendar year 2018: Provided, That amounts
repurposed under this heading 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 an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Federal Highway Administration
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$1,650,000,000 (increased by $500,000,000), 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.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$2,210,000,000, to remain available until expended, for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery, restoration of infrastructure and
housing, economic revitalization, and mitigation in the most impacted
and distressed areas resulting from a major disaster that occurred in
2018 or 2019 (except as otherwise provided under this heading) pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded
directly to the 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) at the discretion of the Secretary:
Provided further, That of the amounts made available under this heading
$150,000,000 shall be allocated to meet unmet needs for restoration of
infrastructure for grantees that received allocations for disasters
that occurred in 2017 (excluding grantees that received allocations
related to disasters specified in section 501(a) of title V of this
Act) under this heading of division B of Public Law 115-56 and title XI
of subdivision 1 of division B of Public Law 115-123: Provided further,
That of the amounts provided in the previous proviso, the Secretary's
determination of unmet needs for restoration of infrastructure shall
not take into account mitigation-specific allocations: Provided
further, That any funds made available under this heading and under the
same heading in Public Law 115-254 that remain available, after the
funds under such headings have been allocated for necessary expenses
for activities authorized under such headings, shall be allocated to
grantees receiving awards for disasters that occurred in 2018 or 2019,
for mitigation activities in the most impacted and distressed areas
resulting from a major disaster that occurred in 2018 or 2019:
Provided further, That allocations under the previous proviso shall be
made in the same proportion that the amount of funds each grantee
received or will receive under this heading for unmet needs related to
disasters that occurred in 2018 or 2019 and the same heading in
division I of Public Law 115-254 bears to the amount of all funds
provided to all grantees that received allocations for disasters that
occurred in 2018 or 2019: Provided further, That of the amounts made
available under the text preceding the first proviso under this heading
and under the same heading in Public Law 115-254, the Secretary shall
allocate to all such grantees an aggregate amount not less than 33
percent of the sum of such amounts of funds within 120 days after the
date of enactment of this Act based on the best available data, and
shall allocate no less than 100 percent of such funds by no later than
180 days after the date of enactment of this Act: Provided further,
That the Secretary shall not prohibit the use of funds made available
under this heading and the same heading in Public Law 115-254 for non-
Federal share as authorized by section 105(a)(9) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided
further, That of the amounts made available under this heading,
grantees may establish grant programs to assist small businesses for
working capital purposes to aid in recovery: Provided further, That as
a condition of making any grant, the Secretary shall certify in advance
that such grantee has in place proficient financial controls and
procurement processes and has established adequate procedures to
prevent any duplication of benefits as defined by section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155), to ensure timely expenditure of funds, to maintain
comprehensive websites regarding all disaster recovery activities
assisted with these funds, and to detect and prevent waste, fraud, and
abuse of funds: Provided further, That with respect to any such
duplication of benefits, the Secretary shall act in accordance with
section 1210 of Public Law 115-254 (132 Stat. 3442) and section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155): Provided further, That the Secretary shall require
grantees to maintain on a public website information containing common
reporting criteria established by the Department that permits
individuals and entities awaiting assistance and the general public to
see how all grant funds are used, including copies of all relevant
procurement documents, grantee administrative contracts and details of
ongoing procurement processes, as determined by the Secretary:
Provided further, 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, economic revitalization, and mitigation in
the most impacted and distressed areas: Provided further, That such
funds may not be used for activities reimbursed by, or for which funds
have been made available by, the Federal Emergency Management Agency or
the Army Corps of Engineers, in excess of the authorized amount of the
project or its components: Provided further, That funds allocated
under this heading shall not be considered relevant to the non-disaster
formula allocations made pursuant to section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306): Provided further,
That a State, unit of general local government, or Indian tribe may use
up to 5 percent of its allocation for administrative costs: Provided
further, That the first proviso under this heading in the Supplemental
Appropriations for Disaster Relief Requirements Act, 2018 (division I
of Public Law 115-254) 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))'':
Provided further, That the sixth proviso under this heading in the
Supplemental Appropriations for Disaster Relief Requirements Act, 2018
(division I of Public Law 115-254) is amended by striking ``State or
subdivision thereof'' 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))'':
Provided further, That in administering the funds under this heading,
the Secretary of Housing and Urban Development 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), if the Secretary finds that good
cause exists for the waiver or alternative requirement and such waiver
or alternative requirement would not be inconsistent with the overall
purpose of title I of the Housing and Community Development Act of
1974: Provided further, That, notwithstanding the preceding proviso,
recipients of funds provided under this heading that use such funds to
supplement Federal assistance provided under section 402, 403, 404,
406, 407, 408(c)(4), 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 section 104(g)(2) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon
receipt of a request for release of funds and certification,
immediately approve the release of funds for an activity or project
assisted under this heading if the recipient has adopted an
environmental review, approval or permit under the preceding proviso or
the activity or project is categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the Secretary shall publish via notice in the
Federal Register any waiver, or alternative requirement, to 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 or alternative requirement:
Provided further, That of the amounts made available under this
heading, up to $5,000,000 shall be made available for capacity building
and technical assistance, including assistance on contracting and
procurement processes, to support States, units of general local
government, or Indian tribes (and their subrecipients) that receive
allocations pursuant to this heading, received disaster recovery
allocations under the same heading in Public Law 115-254, or may
receive similar allocations for disaster recovery in future
appropriations Acts: Provided further, That of the amounts made
available under this heading and under the same heading in Public Law
115-254, up to $2,500,000 shall be transferred, in aggregate, to
``Department of Housing and Urban Development--Program Office Salaries
and Expenses--Community Planning and Development'' for necessary costs,
including information technology costs, of administering and overseeing
the obligation and expenditure of amounts under this heading: Provided
further, That the amount specified in the preceding proviso shall be
combined with funds appropriated under the same heading and for the
same purpose in Public Law 115-254 and the aggregate of such amounts
shall be available for any of the same such purposes specified under
this heading or the same heading in Public Law 115-254 without
limitation: 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: Provided further, That amounts repurposed under this
heading that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act are 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.
GENERAL PROVISION--THIS TITLE
Sec. 1001. (a) Amounts previously made available for activities
authorized under title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term
recovery, restoration of infrastructure and housing, economic
revitalization, and mitigation in the most impacted and distressed
areas resulting from a major disaster, including funds provided under
section 145 of division C of Public Law 114-223, section 192 of
division C of Public Law 114-223 (as added by section 101(3) of
division A of Public Law 114-254), section 421 of division K of Public
Law 115-31, and any mitigation funding provided under the heading
``Department of Housing and Urban Development--Community Planning and
Development--Community Development Fund'' of Public Law 115-123, that
were allocated in response to Hurricane Matthew, may be used
interchangeably and without limitation for the same activities in the
most impacted and distressed areas related to Hurricane Florence. In
addition, any funds provided under the heading ``Department of Housing
and Urban Development--Community Planning and Development--Community
Development Fund'' in this Act or in division I of Public Law 115-254
that are allocated in response to Hurricane Florence may be used
interchangeably and without limitation for the same activities in the
most impacted and distressed areas related to Hurricane Matthew. Until
HUD publishes the Federal Register Notice implementing this provision,
grantees may submit for HUD approval revised plans for the use of funds
related to Hurricane Matthew that expand the eligible beneficiaries of
existing programs contained in such previously approved plans to
include those impacted by Hurricane Florence. Approval of any such
revised plans shall include the execution of revised grant terms and
conditions as necessary. Once the implementing Notice is published, any
additional action plan revisions shall follow the requirements
contained therein.
(b) Amounts made available for administrative costs for activities
authorized under title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term
recovery, restoration of infrastructure and housing, economic
revitalization, and mitigation in the most impacted and distressed
areas under this Act or any future Act, and amounts previously provided
under section 420 of division L of Public Law 114-113, section 145 of
division C of Public Law 114-223, section 192 of division C of Public
Law 114-223 (as added by section 101(3) of division A of Public Law
114-254), section 421 of division K of Public Law 115-31, and under the
heading ``Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund'' of division B of
Public Law 115-56, Public Law 115-123, and Public Law 115-254, shall be
available for eligible administrative costs of the grantee related to
any disaster relief funding identified in this subsection without
regard to the particular disaster appropriation from which such funds
originated.
(c) The additional uses pursuant to this section for amounts that
were previously designated by the Congress, respectively, as an
emergency requirement or as being for disaster relief pursuant to the
Balanced Budget and Emergency Deficit Control Act 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 or as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
TITLE XI
GENERAL SERVICES ADMINISTRATION
Real Property Activities
federal buildings fund
For an additional amount, to be deposited in the Federal Buildings
Fund, $91,200,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Florence for repair
and alteration of buildings under the custody and control of the
Administrator of General Services, and real property management and
related activities not otherwise provided for: Provided, That such
amount may be used to reimburse the Fund for obligations incurred for
this purpose prior to the date of the 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.
TITLE XII
GENERAL PROVISIONS--THIS ACT
Sec. 1201. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1202. 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. 1203. Unless otherwise provided for by this Act, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2019.
Sec. 1204. 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 (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 1205. Any amount appropriated by this Act 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 subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this division
shall retain such designation.
Sec. 1206. Of all amounts made available for mitigation activities
under the heading ``Department of Housing and Urban Development--
Community Development Fund'' in Public Law 115-123, the Secretary shall
publish in the Federal Register the allocations to all eligible
grantees, and the necessary administrative requirements applicable to
such allocations within 14 days after enactment of this Act:
(1) For any plans or amendments addressing the use of any
funds provided under Public Law 115-123 and received by the
Secretary prior to December 22, 2018, the Secretary shall
review pending amendments within 15 days of enactment of this
Act and pending plans within 30 days of enactment of this Act.
(2) After the date of this Act, the Secretary may not apply
the statutory waiver or alternative requirement authority
provided by Public Law 115-123 to extend or otherwise alter
existing statutory and regulatory provisions governing the
timeline for review of required grantee plans:
Provided, That the amounts provided by this section 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 amounts repurposed under this
heading 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 an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 1207. (a) Financing.--Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ``May
31, 2019'' and inserting ``September 30, 2019''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``May 31,
2019'' and inserting ``September 30, 2019''.
(c) Retroactive Effective Date.--If this Act is enacted after May
31, 2019, the amendments made by subsections (a) and (b) shall take
effect as if enacted on May 31, 2019.
Sec. 1208. None of the funds in this Act shall be made available
to implement paragraph (3) of section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
Sec. 1209. None of the funds made available by this Act may be
used to enforce section 668.105(h) of title 23, Code of Federal
Regulations, for any projects in response to disasters that occurred in
fiscal year 2017 or thereafter.
This Act may be cited as the ``Supplemental Appropriations Act,
2019''.
Passed the House of Representatives May 10, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 91
116th CONGRESS
1st Session
H. R. 2157
_______________________________________________________________________
AN ACT
Making supplemental appropriations for the fiscal year ending September
30, 2019, and for other purposes.
_______________________________________________________________________
May 15, 2019
Read the second time and placed on the calendar