[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 268 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 268

_______________________________________________________________________

                                 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'', 
$1,105,442,000 (increased by $1,900,000,000), which shall remain 
available until December 31, 2020, for necessary expenses related to 
losses of crops (including milk and harvested adulterated wine grapes), 
trees, bushes, and vines, as a consequence of Hurricanes Michael or 
Florence, other hurricanes, typhoons, volcanic activity, or wildfires 
occurring in calendar year 2018 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, 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 Public Law 115-72, there is hereby appropriated $600,000,000 
(increased by $5,000,000) (increased by $5,000,000) 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 Food and Nutrition Act of 
2008, $10,200,000 (increased by $15,000,000) 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.

                                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 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, 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 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.

                     fisheries disaster assistance

    For an additional amount for ``Fisheries 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, and calendar year 2018 wildfires, volcanic eruptions, and 
earthquakes, $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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $400,000,000, 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.

                                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 enactment of this Act.

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses, $715,000,000 (increased by $25,000,000), 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 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 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 not eligible as 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 
$25,000,000 shall be used for Corps of Engineers ecosystem restoration 
projects:  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, $225,000,000, 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 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, $245,000,000, 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 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'', 
$15,500,000, 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 
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, 
$46,977,000, to remain available until September 30, 2020:  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.

                environmental compliance and restoration

    For an additional amount for ``Environmental Compliance and 
Restoration'' for necessary expenses related to the consequences of 
Hurricanes Michael and Florence, $2,000,000, 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 may 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.

                                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 
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 to remain available until expended, of which 
$53,300,000 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 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 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 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, $2,000,000 
(increased by $10,000,000), 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, or the 
California wildfires occurring in calendar year 2018, 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, 
and the California wildfires occurring in 2018 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, 
and the California wildfires in 2018 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, and wildfires:  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, 
and the California wildfires in 2018 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 sections 
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

                           education recovery

                     (including transfer of funds)

    For an additional amount for ``Education Recovery'' for necessary 
expenses related to the consequences of Hurricanes Florence and 
Michael, Typhoon Mangkhut, Super Typhoon Yutu, the California wildfires 
in 2018, the November 2018 Anchorage Earthquake or the volcanic 
eruption and earthquakes in Hawaii in 2018 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 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 such assistance may be 
provided through any of the programs authorized under this heading in 
division B of title VIII 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, $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.

                     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 $20,000,000 (increased by 
                $16,000,000).''; 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, 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.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$700,000,000, 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.

               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.

                     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, 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'', 
$1,160,000,000 (increased by $50,000,000), 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 (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 
$100,000,000 (increased by $50,000,000) shall be allocated to meet 
unmet infrastructure needs for grantees that received allocations for 
disasters that occurred in 2017 (excluding 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 Public Law 115-123: Provided 
further, That of the amounts provided in the previous proviso, the 
Secretary's unmet infrastructure needs determinations 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, for 
mitigation activities in the most impacted and distressed areas 
resulting from a major disaster that occurred in 2018:  Provided 
further, That such allocations shall be made in the same proportion 
that the amount of funds each grantee received under this Act 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:  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 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 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.

                     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 PROVISION--THIS ACT

    Sec. 1101.  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. 1102.  None of the funds made available by this Act for the 
Department of Homeland Security may be used for the construction or 
expansion of immigration detention facilities.
    Sec. 1103.  None of the funds appropriated or otherwise made 
available by this Act for the Army Corps of Engineers or Department of 
Homeland Security may be obligated or expended to plan, develop, or 
construct a new physical barrier along the Southwest border.

              TITLE XII--FURTHER CONTINUING APPROPRIATIONS

    Sec. 1201.  The Continuing Appropriations Act, 2019 (division C of 
Public Law 115-245) is further amended by striking the date specified 
in section 105(3) and inserting ``February 8, 2019''.
    This Act may be cited as the ``Supplemental Appropriations Act, 
2019''.

            Passed the House of Representatives January 16, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 268

_______________________________________________________________________

                                 AN ACT

Making supplemental appropriations for the fiscal year ending September 
                   30, 2019, and for other purposes.