[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 268 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 268
Making supplemental appropriations for the fiscal year ending September
30, 2019, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2019
Mrs. Lowey introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making supplemental appropriations for the fiscal year ending September
30, 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, which shall remain available until December 31, 2020,
for necessary expenses related to losses of crops (including milk),
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 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 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, 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 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, 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, $63,960,000, 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.
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.''; 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, 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 that
remain available, after the funds under this heading and under the same
heading in Public Law 115-254 have been allocated to meet unmet needs
for disasters that occurred in 2018, up to $100,000,000 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 and any grantee under this section shall not
take into consideration or reduce the amount provided to any applicant
for assistance from the grantee where such applicant applied for and
was approved, but declined assistance related to such major disasters
that occurred in 2018 from the Small Business Administration under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)): 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 reimbursable by, or for which funds are made
available by, the Federal Emergency Management Agency or the Army Corps
of Engineers: 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.
This Act may be cited as the ``Supplemental Appropriations Act,
2019''.
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