[Congressional Record Volume 163, Number 164 (Thursday, October 12, 2017)]
[House]
[Pages H7989-H7998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS
ACT, 2017
Mr. FRELINGHUYSEN. Mr. Speaker, I move to suspend the rules and agree
to the resolution (H. Res. 569) providing for the concurrence by the
House in the Senate amendment to H.R. 2266, with an amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 569
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 2266, with the Senate amendment thereto,
and to have concurred in the Senate amendment with the
following amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2017''.
DIVISION A--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF
REQUIREMENTS ACT OF 2017
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief fund
(including transfers of funds)
For an additional amount for ``Disaster Relief Fund'' for
major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $18,670,000,000, to remain available until
expended, of which $10,000,000 shall be transferred to the
Department of Homeland Security Office of Inspector General
for audits and investigations related to disasters: Provided,
That the Administrator of the Federal Emergency Management
Agency shall publish on the Agency's website not later than 5
days after an award of a public assistance grant under
section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) that is in excess
of $1,000,000, the specifics of each such grant award:
Provided further, That for any mission assignment or mission
assignment task order to another Federal department or agency
regarding a major disaster in excess of $1,000,000, not later
than 5 days after the issuance of such mission assignment or
mission assignment task order, the Administrator shall
publish on the Agency's website the following: the name of
the impacted State, the disaster declaration for such State,
the assigned agency, the assistance requested, a description
of the disaster, the total cost estimate, and the amount
obligated: Provided further, That not later than 10 days
after the last day of each month until a mission assignment
or mission assignment task order described in the preceding
proviso is completed and closed out, the Administrator shall
update any changes to the total cost estimate and the amount
obligated: Provided further, That for a disaster declaration
related to Hurricane Harvey, Hurricane Irma, or Hurricane
Maria, the Administrator shall submit to the Committees on
Appropriations of the House of Representatives and the
Senate, not later than 5 days after the first day of each
month beginning after the date of enactment of this Act, and
shall publish on the Agency's website, not later than 10 days
after the first day of
[[Page H7990]]
each such month, an estimate or actual amount, if available,
for the current fiscal year of the cost of the following
categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any
other relevant category (including emergency measures and
disaster resources): Provided further, That not later than 10
days after the first day of each month, the Administrator
shall publish on the Agency's website the report (referred to
as the Disaster Relief Monthly Report) as required by Public
Law 114-4.
Of the amounts provided in this division for the Disaster
Relief Fund, up to $4,900,000,000 may be transferred to the
Disaster Assistance Direct Loan Program Account for the cost
of direct loans as authorized under section 417 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5184) to be used to assist local governments in
providing essential services as a result of Hurricanes
Harvey, Irma, or Maria: Provided further, That such amounts
may subsidize gross obligations for the principal amount of
direct loans not to exceed $4,900,000,000 under section 417
of the Stafford Act: Provided further, That notwithstanding
section 417 of the Stafford Act, a territory or possession,
and instrumentalities and local governments thereof, of the
United States shall be deemed to be a local government for
purposes of this paragraph: Provided further, That
notwithstanding section 417(b) of the Stafford Act, the
amount of any such loan issued to a territory or possession,
and instrumentalities and local governments thereof, may be
based on the projected loss of tax and other revenues and on
projected cash outlays not previously budgeted for a period
not to exceed 180 days from the date of the major disaster,
and may exceed $5,000,000: Provided further, That
notwithstanding any other provision of law or the
constitution of a territory or possession that limits the
issuance of debt, a territory or possession, and
instrumentalities and local governments thereof, may each
receive more than one loan with repayment provisions and
other terms specific to the type of lost tax and other
revenues and on projected unbudgeted cash outlays for which
the loan is provided: Provided further, That notwithstanding
section 417(c)(1) of the Stafford Act, loans to a territory
or possession, and instrumentalities and local governments
thereof, may be cancelled in whole or in part only at the
discretion of the Secretary of Homeland Security in
consultation with the Secretary of the Treasury: Provided
further, That notwithstanding any other provision of law, the
Secretary of Homeland Security, in consultation with the
Secretary of the Treasury, shall determine the terms,
conditions, eligible uses, and timing and amount of Federal
disbursements of loans issued to a territory or possession,
and instrumentalities and local governments thereof: Provided
further, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
further, That FEMA may transfer up to 1.5 percent of the
amount under this paragraph to the Disaster Assistance Direct
Loan Program Account for administrative expenses to carry out
under this paragraph the direct loan program, as authorized
by section 417 of the Stafford Act: Provided further, That of
the amount provided under this paragraph for transfer, up to
$150,000,000 may be transferred to the Disaster Assistance
Direct Loan Program Account for the cost to lend a territory
or possession of the United States that portion of assistance
for which the territory or possession is responsible under
the cost-sharing provisions of the major disaster declaration
for Hurricanes Irma or Maria, as authorized under section 319
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5162): Provided further, That of
the amount provided under this paragraph for transfer, up to
$1,000,000 may be transferred to the Disaster Assistance
Direct Loan Program Account for administrative expenses to
carry out the Advance of Non-Federal Share program, as
authorized by section 319 of the Stafford Act.
The amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$184,500,000, to remain available through September 30, 2021,
for urgent wildland fire suppression operations: Provided,
That such funds shall be solely available to be transferred
to and merged with other appropriations accounts from which
funds were previously transferred for wildland fire
suppression in fiscal year 2017 to fully repay those amounts:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
flame wildfire suppression reserve fund
(including transfer of funds)
For an additional amount for ``FLAME Wildfire Suppression
Reserve Fund'', $342,000,000, to remain available through
September 30, 2021, for necessary expenses for large wildland
fire suppression operations of the Department of Agriculture
and as a reserve fund for suppression and Federal emergency
response activities: Provided, That notwithstanding the FLAME
Act of 2009 (43 U.S.C. 1748a(e)), such funds shall be solely
available to be transferred to and merged with other
appropriations accounts from which funds were previously
transferred for wildland fire suppression in fiscal year 2017
to fully repay those amounts: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF THE INTERIOR
Department-wide Programs
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$50,000,000, to remain available until expended, for urgent
wildland fire suppression activities and funds necessary to
repay any transfers needed for these costs: Provided, That
such funds may be available to be transferred to and merged
with other appropriations accounts to fully repay amounts
previously transferred for wildland fire suppression:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE III
GENERAL PROVISIONS
Sec. 301. Each amount appropriated or made available by
this division is in addition to amounts otherwise
appropriated for the fiscal year involved.
Sec. 302. No part of any appropriation contained in this
division shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
Sec. 303. The terms and conditions applicable to the funds
provided in this division, including those provided by this
title, shall also apply to the funds made available in
division B of Public Law 115-56.
Sec. 304. Each amount designated in this division by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
Sec. 305. (a)(1) Not later than December 31, 2017, in
accordance with criteria to be established by the Director of
the Office of Management and Budget (referred to in this
section as ``OMB''), each Federal agency shall submit to OMB,
the Government Accountability Office, the respective
Inspector General of each agency, and the Committees on
Appropriations of the House of Representatives and the Senate
internal control plans for funds provided by this division
and division B of Public Law 115-56.
(2) Not later than March 31, 2018, the Government
Accountability Office shall review for the Committees on
Appropriations of the House of Representatives and the Senate
the design of the internal control plans required by
paragraph (1).
(b) All programs and activities receiving funds under this
division shall be deemed to be ``susceptible to significant
improper payments'' for purposes of the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note),
notwithstanding section 2(a) of such Act.
(c) Funds for grants provided by this division or division
B of Public Law 115-56 shall be expended by the grantees
within the 24-month period following the agency's obligation
of funds for the grant, unless, in accordance with guidance
to be issued by the Director of OMB, the Director waives this
requirement for a particular grant program and submits a
written justification for such waiver to the Committees on
Appropriations of the House of Representatives and the
Senate. In the case of such grants, the agency shall include
a term in the grant that requires the grantee to return to
the agency any funds not expended within the 24-month period.
Sec. 306. (a) The first proviso under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund'' in
division B of Public Law 115-56 is amended by striking
``State or unit of general local government'' and inserting
``State, unit of general local government, or Indian tribe
(as such term is defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302))''.
(b) Amounts repurposed pursuant to subsection (a) that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of such Act.
Sec. 307. Section 101(a)(7) of division D of Public Law
115-56 is amended to read as follows:
``(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2017 (division G of
Public Law 115-31), except the language under the heading
`FLAME Wildfire Suppression Reserve Fund' in the Departments
of Agriculture and the Interior.''.
Sec. 308. (a) Notwithstanding sections 1309, 1310, and
1310a of the National Flood Insurance Act of 1968 (42 U.S.C.
4016 - 4017a) and section 15(e) of the Federal Flood
Insurance
[[Page H7991]]
Act of 1956 (42 U.S.C 2414(e)), and any borrowing agreement
entered into between the Department of the Treasury and the
Federal Emergency Management Agency, of the indebtedness of
the Administrator under any notes or other obligations issued
pursuant to section 1309(a) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4016(a)) and section 15(e) of the
Federal Insurance Act of 1956 (42 U.S.C. 2414(e)) that is
outstanding as of the date of the enactment of this Act, an
amount of $16,000,000,000 is hereby cancelled. To the extent
of the amount cancelled, the Administrator and the National
Flood Insurance Fund are relieved of all liability to the
Secretary of the Treasury under any such notes or other
obligations, including for any interest due under such notes
and any other fees and charges payable in connection with
such notes, and the total amount of notes and obligations
issued by the Administrator pursuant to such sections shall
be considered to be reduced by such amount for the purposes
of the limitation on such total amount under such section
1309(a).
(b) The amount of the indebtedness cancelled under
subsection (a) may be treated as public debt of the United
States.
(c)(1) This section is designated as an emergency
requirement pursuant to section 4(g) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) The amount provided in this section is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 309. Notwithstanding section 19(a)(2)(B) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2028), not to exceed
$1,270,000,000 of funds made available for the contingency
reserve under the heading ``Supplemental Nutrition Assistance
Program'' of division A of Public Law 114-113 shall be
available for the Secretary to provide a grant to the
Commonwealth of Puerto Rico for disaster nutrition assistance
in response to the Presidentially declared major disasters
and emergencies: Provided, That funds made available to
Puerto Rico under this section shall remain available for
obligation by the Commonwealth until September 30, 2019, and
shall be in addition to funds otherwise made available:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 310. Notwithstanding section 2208(l)(3) of title 10,
United States Code, during fiscal year 2018, the dollar
limitation on advance billing of a customer of a working-
capital fund in such section shall not apply with respect to
the advance billing of the Federal Emergency Management
Agency. In the preceding sentence, the term ``advance
billing'' has the meaning given the term in section
2208(l)(4) of title 10, United States Code.
This division may be cited as the ``Additional
Supplemental Appropriations for Disaster Relief Requirements
Act of 2017''.
DIVISION B--BANKRUPTCY JUDGESHIP ACT OF 2017
SECTION 1001. SHORT TITLE.
This division may be cited as the ``Bankruptcy Judgeship
Act of 2017''.
SEC. 1002. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES
IN CERTAIN JUDICIAL DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 2005.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized for the following districts by subsection (b) of
the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) are
extended until the applicable vacancy specified in paragraph
(2) in the office of a bankruptcy judge for the respective
district occurs:
(A) The district of Delaware.
(B) The southern district of Florida.
(C) The district of Maryland.
(D) The eastern district of Michigan.
(E) The district of Nevada.
(F) The eastern district of North Carolina.
(G) The district of Puerto Rico.
(H) The eastern district of Virginia.
(2) Vacancies.--
(A) Single vacancies.--Except as provided in subparagraphs
(B), (C), and (D), the 1st vacancy in the office of a
bankruptcy judge for each district specified in paragraph
(1)--
(i) occurring more than 5 years after the date of the
enactment of this Act, and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(B) District of delaware.--The 1st, 2d, 3d, and 4th
vacancies in the office of a bankruptcy judge for the
district of Delaware--
(i) occurring 5 years or more after the date of the
enactment of this Act, and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(C) District of maryland.--
(i) The 1st vacancy in the office of a bankruptcy judge for
the district of Maryland--
(I) occurring more than 5 years after the date of the
enactment of this Act, and
(II) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(ii) The 2d and 3d vacancies in the office of a bankruptcy
judge for the district of Maryland resulting from the death,
retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
(D) Southern district of florida.--The 1st and 2d vacancies
in the office of a bankruptcy judge for the southern district
of Florida--
(i) occurring more than 5 years after the date of the
enactment of this Act, and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of provisions.--Except as provided in
paragraphs (1) and (2), all other provisions of subsection
(b) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152
note) and section 2 of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note) remain applicable
to the temporary office of bankruptcy judges referred to in
paragraph (1).
(b) Temporary Office of Bankruptcy Judges Extended by the
Bankruptcy Judgeship Act of 2005 and the Temporary Bankruptcy
Judgeships Extension Act of 2012.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized by section 3 of the Bankruptcy Judgeship Act of
1992 (28 U.S.C. 152 note) and extended by subsection (c) of
the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and
further extended by section 2 of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note) for the
district of Delaware and the district of Puerto Rico are
extended until the applicable vacancy specified in paragraph
(2) in the office of a bankruptcy judge for the respective
district occurs.
(2) Vacancies.--
(A) District of delaware.--The 5th vacancy in the office of
a bankruptcy judge for the district of Delaware--
(i) occurring more than 5 years after the date of the
enactment of this Act, and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(B) District of puerto rico.--The 2d vacancy in the office
of a bankruptcy judge for the district of Puerto Rico--
(i) occurring more than 5 years after the date of the
enactment of this Act, and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section 3
of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note),
subsection (c) of the Bankruptcy Judgeship Act of 2005 (28
U.S.C. 152 note), and section 2 of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain
applicable to the temporary office of bankruptcy judges
referred to in paragraph (1).
SEC. 1003. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.
(a) Appointments.--The following bankruptcy judges shall be
appointed in the manner prescribed in section 152(a)(1) of
title 28, United States Code, for the appointment of
bankruptcy judges provided for in section 152(a)(2) of that
title:
(1) Two additional bankruptcy judges for the district of
Delaware.
(2) One additional bankruptcy judge for the middle district
of Florida.
(3) One additional bankruptcy judge for the eastern
district of Michigan.
(b) Vacancies.--
(1) District of delaware.--The 6th and 7th vacancies in the
office of a bankruptcy judge for the district of Delaware--
(A) occurring 5 years or more after the appointment date of
the bankruptcy judge appointed under subsection (a)(1) to
such office, and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(2) Middle district of florida.--The 1st vacancy in the
office of a bankruptcy judge for the middle district of
Florida--
(A) occurring 5 years or more after the appointment date of
the bankruptcy judge appointed under subsection (a)(2) to
such office, and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(3) Eastern district of michigan.--The 2d vacancy in the
office of a bankruptcy judge for the eastern district of
Michigan--
(A) occurring 5 years or more after the appointment date of
the bankruptcy judge appointed under subsection (a)(3) to
such office, and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
SEC. 1004. BANKRUPTCY FEES.
(a) Amendments to Title 28 of the United States Code.--
Section 1930(a)(6) of title 28, United States Code, is
amended--
(1) by striking ``(6) In'' and inserting ``(6)(A) Except as
provided in subparagraph (B), in''; and
(2) by adding at the end the following:
``(B) During each of fiscal years 2018 through 2022, if the
balance in the United States Trustee System Fund as of
September 30 of the most recent full fiscal year is less than
$200,000,000, the quarterly fee payable
[[Page H7992]]
for a quarter in which disbursements equal or exceed
$1,000,000 shall be the lesser of 1 percent of such
disbursements or $250,000.''.
(b) Deposits of Certain Fees for Fiscal Years 2018 Through
2022.--Notwithstanding section 589a(b) of title 28, United
States Code, for each of fiscal years 2018 through 2022--
(1) 98 percent of the fees collected under section
1930(a)(6) of such title shall be deposited as offsetting
collections to the appropriation ``United States Trustee
System Fund'', to remain available until expended; and
(2) 2 percent of the fees collected under section
1930(a)(6) of such title shall be deposited in the general
fund of the Treasury.
(c) Application of Amendments.--The amendments made by this
section shall apply to quarterly fees payable under section
1930(a)(6) of title 28, United States Code, as amended by
this section, for disbursements made in any calendar quarter
that begins on or after the date of enactment of this Act.
SEC. 1005. CLARIFICATION OF RULE ALLOWING DISCHARGE TO
GOVERNMENTAL CLAIMS ARISING FROM THE
DISPOSITION OF FARM ASSETS UNDER CHAPTER 12
BANKRUPTCIES.
(a) In General.--Subchapter II of chapter 12 of title 11,
United States Code, is amended by adding at the end the
following:
``Sec. 1232. Claim by a governmental unit based on the
disposition of property used in a farming operation
``(a) Any unsecured claim of a governmental unit against
the debtor or the estate that arises before the filing of the
petition, or that arises after the filing of the petition and
before the debtor's discharge under section 1228, as a result
of the sale, transfer, exchange, or other disposition of any
property used in the debtor's farming operation--
``(1) shall be treated as an unsecured claim arising before
the date on which the petition is filed;
``(2) shall not be entitled to priority under section 507;
``(3) shall be provided for under a plan; and
``(4) shall be discharged in accordance with section 1228.
``(b) For purposes of applying sections 1225(a)(4),
1228(b)(2), and 1229(b)(1) to a claim described in subsection
(a) of this section, the amount that would be paid on such
claim if the estate of the debtor were liquidated in a case
under chapter 7 of this title shall be the amount that would
be paid by the estate in a chapter 7 case if the claim were
an unsecured claim arising before the date on which the
petition was filed and were not entitled to priority under
section 507.
``(c) For purposes of applying sections 523(a), 1228(a)(2),
and 1228(c)(2) to a claim described in subsection (a) of this
section, the claim shall not be treated as a claim of a kind
specified in subparagraph (A) or (B) of section 523(a)(1).
``(d)(1) A governmental unit may file a proof of claim for
a claim described in subsection (a) that arises after the
date on which the petition is filed.
``(2) If a debtor files a tax return after the filing of
the petition for a period in which a claim described in
subsection (a) arises, and the claim relates to the tax
return, the debtor shall serve notice of the claim on the
governmental unit charged with the responsibility for the
collection of the tax at the address and in the manner
designated in section 505(b)(1). Notice under this paragraph
shall state that the debtor has filed a petition under this
chapter, state the name and location of the court in which
the case under this chapter is pending, state the amount of
the claim, and include a copy of the filed tax return and
documentation supporting the calculation of the claim.
``(3) If notice of a claim has been served on the
governmental unit in accordance with paragraph (2), the
governmental unit may file a proof of claim not later than
180 days after the date on which such notice was served. If
the governmental unit has not filed a timely proof of the
claim, the debtor or trustee may file proof of the claim that
is consistent with the notice served under paragraph (2). If
a proof of claim is filed by the debtor or trustee under this
paragraph, the governmental unit may not amend the proof of
claim.
``(4) A claim filed under this subsection shall be
determined and shall be allowed under subsection (a), (b), or
(c) of section 502, or disallowed under subsection (d) or (e)
of section 502, in the same manner as if the claim had arisen
immediately before the date of the filing of the petition.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Subchapter II of chapter 12 of title 11,
United States Code, is amended--
(A) in section 1222(a)--
(i) in paragraph (2), by striking ``unless--'' and all that
follows through ``the holder'' and inserting ``unless the
holder'';
(ii) in paragraph (3), by striking ``and'' at the end;
(iii) in paragraph (4), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(5) subject to section 1232, provide for the treatment of
any claim by a governmental unit of a kind described in
section 1232(a).'';
(B) in section 1228--
(i) in subsection (a)--
(I) in the matter preceding paragraph (1)--
(aa) by inserting a comma after ``all debts provided for by
the plan''; and
(bb) by inserting a comma after ``allowed under section 503
of this title''; and
(II) in paragraph (2), by striking ``the kind'' and all
that follows and inserting ``a kind specified in section
523(a) of this title, except as provided in section
1232(c).''; and
(ii) in subsection (c)(2), by inserting ``, except as
provided in section 1232(c)'' before the period at the end;
and
(C) in section 1229(a)--
(i) in paragraph (2), by striking ``or'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(4) provide for the payment of a claim described in
section 1232(a) that arose after the date on which the
petition was filed.''.
(2) Table of sections.--The table of sections for
subchapter II of chapter 12 of title 11, United States Code,
is amended by adding at the end the following:
``1232. Claim by a governmental unit based on the disposition of
property used in a farming operation.''.
(c) Effective Date.--The amendments made by this section
shall apply to--
(1) any bankruptcy case--
(A) that is pending on the date of enactment of this Act;
(B) in which the plan under chapter 12 of title 11, United
States Code, has not been confirmed on the date of enactment
of this Act; and
(C) relating to which an order of discharge under section
1228 of title 11, United States Code, has not been entered;
and
(2) any bankruptcy case that commences on or after the date
of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Frelinghuysen) and the gentlewoman from New York (Mrs.
Lowey) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and to include extraneous material in consideration of H. Res.
569.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today to present H. Res. 569, making additional
supplemental appropriations for disaster relief requirements for the
current fiscal year to help respond to recent devastating natural
disasters.
Over the past 2 months, millions of Americans have had their lives
forever altered by destructive hurricanes in Texas, Florida, Puerto
Rico, and the Virgin Islands, and by raging and deadly wildfires in the
West.
We all support those who are victimized, particularly those who lost
their lives or lost loved ones, and we will continue to be with them
every step of the way with the Federal support they need as they
recover and rebuild.
Our thanks go to the first responders, volunteers, and States who
saved countless lives, protected communities, and demonstrated the best
of humanity; that includes FEMA, the Army Corps of Engineers, the
Department of Defense, the Coast Guard, and many other Federal agencies
for getting the first installment of relief to those in need.
However, with such massive, unprecedented damage, more help is
clearly needed to continue to respond to these recovery efforts, to
rebuild communities with dollars, with resources, with manpower, and
with our support.
This emergency funding legislation, the second installment, addresses
urgent short-term immediate priorities: replenishing FEMA's Disaster
Relief Fund, supporting ongoing Federal wildfire suppression efforts,
providing debt relief for the Federal Flood Insurance Program, and
other assistance that will help our fellow Americans in their time of
greatest need.
To summarize the $36.5 billion in emergency funding provided in this
bill, in total, $18.7 billion is provided for the Disaster Relief Fund.
This includes $13.77 billion for the most immediate response needs:
lifesaving missions, emergency protection, the repair and restoration
of public infrastructure like communications, power, transportation,
and, yes, shelter, and financial assistance to individuals and families
affected as they rebuild their lives.
This package also includes $4.9 billion for community disaster loans,
which will ensure local governments are able to provide basic municipal
services such as police and fire protection and public education
throughout this trying time.
[[Page H7993]]
In addition to the Disaster Relief Fund, this bill provides a one-
time payment of $1.27 billion to allow Puerto Rico and our fellow
citizens to receive the same access to emergency disaster and nutrition
program benefits that other States receive.
The bill also ensures that the National Flood Insurance Program is
able to meet its existing claim obligations as Americans cope with the
tremendous flood damage to their homes and communities.
For wildlife suppression, the bill contains $576.5 million. As we
have seen, the situation out West has grown even more desperate and
deadly. We must ensure that those heroic firefighters can continue to
save lives and protect property.
As we know, the needs of each disaster area are ever changing.
Consequently, our Appropriations Committee and all of our Members
continue to monitor the progress of recovery efforts as well as
anticipate emerging needs.
This will be a long process, Mr. Speaker, and the second package or
installment of the Federal support will certainly not be all that is
needed over the long term.
Mr. Speaker, I urge support of this bill. It is important for the
Nation, for the communities affected, and I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, since Hurricane Harvey wrought historic flooding in
Texas, 12 major disasters have been declared. From a hurricane that
damaged large swaths of Florida, storms that annihilated Puerto Rico
and the Virgin Islands, and wildfires burning in the West, Americans
deserve certainty the Federal Government will stand by them in their
time of need. This is particularly important after the President
threatened to abandon Puerto Rico in his latest Twitter this morning.
Congress cannot turn its back on recovery, no matter how reckless the
President's outburst may be, as Americans are suffering and simply
trying to survive. This package provides critical disaster relief,
flood insurance aid, and help for communities devastated by wildfires.
Puerto Rico would be aided by provisions to address its liquidity
crisis by facilitating recovery, not paying creditors, and providing
additional nutrition assistance. Additionally, the bill would continue
aid to Puerto Rico and the Virgin Islands from the Department of
Defense.
However, more must be done to provide medium- and long-term
investments, including rebuilding ports, coastlines, airports, roads,
bridges, repairing the electrical grid and other infrastructure, and
ensuring the health needs of American citizens are met.
I urge your support for this bill and your continued focus on
ensuring the full recovery of American communities devastated by
natural disasters.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Serrano), the distinguished ranking member of the Commerce,
Justice, Science Appropriations Subcommittee.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Speaker, I thank the ranking member for yielding.
This bill is a first step in helping Puerto Rico and the Virgin
Islands recover from the devastation of Hurricane Maria. It will
provide FEMA and the governments of the islands with the funds needed
to address immediate relief needs and begin the recovery process.
I do want to thank the chairman and ranking member for their
commitment to this issue and for taking my phone calls at all different
times, on weekends. You have been very helpful and very supportive.
{time} 1230
Both will be visiting the island tomorrow and will be able to see
firsthand the dramatic and comprehensive needs that Puerto Rico is
facing.
Right now, 85 percent of the island still lacks electricity more than
3 weeks after the hurricane hit. One-third of the island doesn't have
access to clean drinking water. Most of the island still lacks cellular
service, hampering the vital information to deliver assistance in the
areas that are needed.
Federal employees on the island now are doing important and vital
work, but we need more boots on the ground. This funding provides them
with the resources needed to do that in the short term.
But to succeed, there needs to be a commitment from the highest
levels of government to ensure the recovery of all areas that are part
of our Nation, including its territories. Unfortunately, given the
President's latest Twitter rant this morning, it seems unlikely that we
have that focus and commitment.
So it is up to us in Congress to make sure that the Federal
Government doesn't forget about Puerto Rico, and that is what I intend
to do in the days and months ahead. But to both of you and to our
membership here, thank you for not forgetting Puerto Rico. This is an
ongoing battle and an ongoing issue.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from California (Mr. Calvert), the chairman of the Interior,
Environment, and Related Agencies Subcommittee on Appropriations.
Mr. CALVERT. Mr. Speaker, I rise in support of the supplemental
appropriations bill.
I want to commend Chairman Frelinghuysen and the committee staff for
their quick and thorough work to put this supplemental package
together, and I thank the leadership for its swift action in scheduling
this for House consideration.
In fiscal year 2017, the Forest Service had a shortfall of nearly
$577 million in firefighting funds. To cover its immediate firefighting
costs, the Forest Service borrowed from its nonfire programs, as well
as the Department of the Interior.
The bill will replace and repay those borrowed funds and close the
books on fiscal year 2017. Specifically, it provides $526 million for
the Forest Service and $50 million for the Department of the Interior.
The cost of fighting fires on our national forests and other public
lands has increased dramatically over the last 15 years, yet these
fires and costs remain highly unpredictable.
Right now the West is on fire. In my home State of California,
firefighters are battling 22 large wildfires that have burned nearly
170,000 acres. The bill gives the government the tools it needs to
assist local officials to get those fires under control as soon as
possible.
We, the Congress, need to fix the way we budget for wildland fire so
that the Forest Service and the Department of the Interior can focus on
managing our Federal lands appropriately. We also need to give them the
necessary legal authorities and tools to improve the condition and
management of our national forests.
Mr. Speaker, I encourage my colleagues to support this bill.
Mrs. LOWEY. Mr. Speaker, I am pleased to yield 1 minute to the
gentlewoman from California (Ms. Roybal-Allard), the ranking member of
the Homeland Security Subcommittee.
Ms. ROYBAL-ALLARD. Mr. Speaker, the past few months have witnessed
one of the most devastating natural disasters ever endured by our
country. They include hurricanes, voracious wildfires in my home State
of California that have killed at least 23 people, required mass
evacuations, and burned more than 170,000 acres and thousands of homes
and businesses.
By acting quickly on this emergency supplemental, we are sending a
strong message that we are here for disaster victims, including our
fellow citizens in Puerto Rico and the U.S. Virgin Islands. But this is
just a downpayment. We still don't have the final damage estimates for
many of the affected areas.
In the coming weeks and months, we will need to once again support
FEMA's continued recovery efforts, including in Puerto Rico, despite
the President's threats to abandon the people there. There will be more
to do to address unmet needs through the Community Development Block
Grant program and other disaster relief programs.
Mr. Speaker, I encourage support for this bill.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
[[Page H7994]]
Mrs. LOWEY. Mr. Speaker, I am pleased to yield 1 minute to the
gentlewoman from Minnesota (Ms. McCollum), the ranking member of the
Interior, Environment, and Related Agencies Subcommittee.
(Ms. McCOLLUM asked and was given permission to revise and extend her
remarks.)
Ms. McCOLLUM. Mr. Speaker, I rise in support of this funding package.
This bill is a downpayment on the recovery from the recent fires and
hurricanes.
I am pleased that it contains $576.5 million to fully repay the funds
that the U.S. Forest Service borrowed last fiscal year to pay for
wildfire suppression. We have all seen the devastation and the tragic
loss of life from large fires burning across our country.
Fiscal year 2017 was the most expensive year on record for wildfire
suppression, costing $2.4 billion. As the duration and severity of
wildfires grows, costs will continue to rise.
Unfortunately, once again we have missed the opportunity to fix the
way the Federal Government funds wildfire suppression.
Let me be clear: the next supplemental must include a legislative fix
for wildfire spending, and it must adequately support the Department of
the Interior and its vital efforts to help our country rebuild from the
recent fires and hurricanes.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 6 minutes to
the gentlewoman from Puerto Rico (Miss Gonzalez-Colon), whose
leadership in this time of crisis we all salute.
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, first, I thank the
Speaker of the House and the whole leadership, Chairman Frelinghuysen,
and all of the members from the Appropriations Committee for allowing
the Federal Government to help Puerto Rico in this dire situation.
On behalf of the 3.4 million American citizens that live in Puerto
Rico and the nearly 5.5 million Puerto Ricans that live on the
mainland, I rise today in strong support of this disaster supplemental
appropriations bill. They have been focused on Puerto Rico since before
the arrival of Hurricane Irma, and then during Hurricane Maria.
I also thank all of my colleagues from both sides of the aisle who
have reached out during these past 3 weeks to express their
encouragement and offer their assistance during this process. For that,
my constituents and I will always be grateful to all of the Members of
this House.
As you may know by now, Puerto Rico was hit by two major hurricanes.
First, Hurricane Irma, which caused significant damage on the eastern
part of the island. That was on September 6. Then, on September 20, a
few days later, we got hit by Hurricane Maria, which caused
unprecedented destruction throughout the whole island and which many
people consider that hurricane to be the most catastrophic natural
disaster ever on U.S. soil.
Today, 22 days after the storm hit, nearly 85 percent of our
population remains without power, 44 percent without running water, and
almost 58 percent without access to telecommunications. To this date,
we still have towns like Las Marias, Maricao, Utuado, and many others
in the central part of the island, that remain uncommunicated and can
only be accessed by air since most of the roads and bridges were washed
away. We are talking about more than 18 major roads and bridges that
were just washed away. The death toll has reached 48 fatalities, and,
unfortunately, certainly that number is going to increase in the coming
days and weeks.
This unprecedented humanitarian crisis in our own Nation has begun
what is likely to evolve into a mass exodus of Puerto Ricans to the
U.S. mainland, further jeopardizing the island's long-term recovery.
Mr. Speaker, I stand here today telling you that the American
citizens that live in Puerto Rico still are suffering in different
ways. This is not the time to focus on how and when resources will be
withdrawn from Puerto Rico, or how slowly we are going to rebuild the
island. Today, 85 percent of our island is without electricity, yet 3.4
million American citizens living there just got less than 15,000 people
working to recover the power grid. I just want to remind you that
Florida got more than 61,000 people helping to recover their power grid
in just 4 days. That is not acceptable in our case, and we are still
American citizens.
I know a lot of problems persist. It is too difficult to address the
issue when you are not part of the mainland, you are not part of the
power grid. It is different when you get access and resources to Texas,
Louisiana, or Florida, because you can drive or you can have
helicopters. In our case, everything is by ship or air. That means it
is more difficult for the Federal Government to assist directly. That
is the reason we got more than 15,000 personnel from the Coast Guard,
National Guard, Army Corps of Engineers, FEMA, Navy, and the assistance
of all national guards--Virginia, Florida, and New York, just to name a
few.
The Puerto Rican communities in the States and on the island are
showing the way, along with private companies, NGOs, and countless
volunteers throughout the whole Nation. But there is still a lot that
needs to be done as we begin the reconstruction. That is the reason
this supplemental is so important for us.
Allowing the people of Puerto Rico to access problems that we never
have before, like SNAP, which will provide $1.3 billion to receive the
same emergency disaster and nutrition assistance benefits as the
States, this is the first time this Congress has allowed this to happen
to Puerto Rico.
I thank the Members and leadership of the House for allowing this
money.
This is the bill that provides for $18.7 billion to FEMA to have the
disaster relief fund to help in lifesaving missions across the island
for emergency protection and removal of debris--we continue to have a
lot of debris on the island--and the repair and restoration of our
infrastructure. That is going to be a matter of discussion on another
day because we can't rebuild or redo the infrastructure we did before
from the fifties or the sixties. We need to redo a lot of things on our
power grid.
It will provide also--and this is a very important area--$7.4 billion
to have liquidity to the local government of Puerto Rico just to match
Federal funds that are needed to these recovery actions. This is the
second step this House has taken in terms of helping the people of
Puerto Rico and the U.S. Virgin Islands, people that are American
citizens. This is the second step. The first one was the first
supplemental that was approved.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman.
Miss GONZALEZ-COLON of Puerto Rico. So this is the second step. This
is not going to be the last one. We are going to need a lot more help
in the coming months, and I know we can count on this House and on this
Congress to make that happen.
The people of Puerto Rico are grateful, they are resilient, and they
are going to continue to show us the way to recover. It is going to
take a lot of time, a lot of resources, a lot of money, and a lot of
commitment as U.S. citizens, like we are.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 1\1/2\ minutes to
the gentlewoman from Florida (Ms. Wasserman Schultz), the ranking
member of the Military Construction, Veteran Affairs, and Related
Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, let me just start by saying to
the people of Puerto Rico: Despite President Trump's indifference and
soft bigotry, we will be there for the people of Puerto Rico until the
last American's life returns to normal.
While I rise to support this critical emergency appropriations bill,
this supplemental leaves much to be desired. This legislation provides
vital recovery funds to my home State of Florida, as well as Texas; the
U.S. Virgin Islands; Puerto Rico; and California, where wildfires
remain ablaze. However, it neglects to include SBA loans for small
businesses and homeowners, as well as making smart investments in our
ports, coastlines, water systems, and electrical grids.
This bill also neglects to address the devastating agricultural
losses, especially to Florida's $10 billion citrus industry. It is also
important to note that, in Florida, this vital funding will not be able
to address the public health hazard of debris strewn across our
[[Page H7995]]
lawns and streets as Governor Scott shamefully refuses to allow our
cities to fully access FEMA funds.
While the majority has said these and other issues can be part of
future omnibus negotiations, this delay will leave constituents waiting
months longer to receive the services they so desperately need. They
should not have to wait.
The SPEAKER pro tempore. Members are reminded to refrain from
engaging in personalities toward the President.
{time} 1245
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
New York (Ms. Velazquez), the ranking member of the Small Business
Committee.
Ms. VELAZQUEZ. Mr. Speaker, I want to thank both the gentleman from
New Jersey, the chairman, and the ranking member from New York for
their work.
Mr. Speaker, the people of Puerto Rico, 3.5 million of our fellow
citizens, are suffering. The mayor of my home town, Yabucoa, where
Maria made landfall, is predicting that as many as 5,000 residents are
potentially facing starvation.
More than 85 percent of the island is without electricity. One-third
of Puerto Ricans lack access to drinkable water, which will surge the
number of bacterial infections and mosquito-borne illnesses.
As Puerto Rico faces this humanitarian crisis, the President of the
United States is tweeting out threats to withdraw assistance. That is
an outrage. It is an insult. It is an abdication of the President's
solemn duty to protect the safety and security of the American people.
American citizens everywhere deserve better.
Where the President is failing to lead, Congress must act, and act
now.
The legislation we are debating today is far from sufficient. It is
not enough, but it is a start. It is a downpayment in helping the
response process. It will keep FEMA operating, removing debris and
distributing food and water.
It also helps Puerto Rico's Government address a looming cash
shortfall. With the government running out of money by November 1,
vital services could be suspended when residents can least afford it.
This bill would provide a short-term cash infusion for the government
to keep going. The way this assistance is structured under the law,
these funds will likely not be paid back, which is reasonable, given
the challenges Puerto Rico faces. Some of those challenges have been
created by the lack of action of the Congress when it comes to
Medicaid.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Speaker, I yield the gentlewoman an additional 30
seconds.
Ms. VELAZQUEZ. Mr. Speaker, let's be clear. There is going to need to
be much more assistance in the future. Puerto Rico will need help
rebuilding its energy grid, repairing telecommunications networks, and
putting its ports, bridges, and roads back together, and we cannot
forget shoring up the island's Medicaid system, something that was
critical before Maria, but is even more important now.
This problem is of Congress' making, and we must fix it. Make no
mistake. Those priorities will require more money, and we will need to
come back and address them in a few weeks.
The people of Puerto Rico are American citizens. And, you know, what?
Even when so many of my brothers and sisters are suffering in Puerto
Rico, are facing a humanitarian crisis, at last, 50 percent of the
people in this country who didn't know that Puerto Ricans are American
citizens are learning that fact.
Yes, American citizens, when, in 1898, Puerto Rico was invaded and
taken over by the U.S. Government. So now it is our responsibility to
make Puerto Rico whole.
The SPEAKER pro tempore. Members are once again reminded to refrain
from engaging in personalities toward the President.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 3 minutes to the gentleman
from Florida (Mr. Diaz-Balart), chairman of the Transportation, Housing
and Urban Development, and Related Agencies Subcommittee on
Appropriations.
Mr. DIAZ-BALART. Mr. Speaker, I want to start by first recognizing
one of our own, who has been a superb representative for Puerto Rico in
these very difficult times. You rarely see somebody with the talent,
the energy of the representative of Puerto Rico here in Congress. Miss
Gonzalez-Colon has been, frankly, a hero, and I just wanted to mention
that, because she has really made all of us understand the situation,
and she has done so with great dignity and great passion and great
brilliance. I just had to say that.
Mr. Speaker, let me first thank the chairman for being incredibly
accessible and engaged. Florida has gotten hit rather hard, as you
know. This bill totals $36.5 billion. $18.67 billion of that goes
directly to FEMA's Disaster Relief Fund, and it also ensures that our
National Flood Insurance Program has the resources that it needs to pay
the claims, also an important grant food and aid loan eligibility to
Puerto Rico, which is crucial.
So far, Mr. Speaker, Florida has received $740 million for assistance
for individuals through FEMA, and is working through over 608,000
applicants. Think about that.
As we continue to recover, again, I look forward to continue working
with the chairman, who has been phenomenal.
Specifically, we are going to have to deal with the agricultural
impact of this storm, and again, particularly on the citrus industry,
that has been devastated by this storm.
This is an important bill. It is an important bill. I want to thank
the chairman for bringing it up so quickly. We must pass it. I look
forward to working with Chairman Frelinghuysen and with all our
colleagues through this process, because we are going to need more
assistance as the days and the months go.
So this is an important bill. I urge your support.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the Democratic whip.
Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding, and I
rise in support of this legislation.
Mr. Speaker, millions of our fellow Americans in Texas, Florida,
Puerto Rico, and the Virgin Islands are looking to Congress and the
administration to work together to provide aid and assistance in
recovery and rebuilding.
I disagree with the President of the United States that we are going
to leave Puerto Rico or the Virgin Islands or any other American
precipitously before we have done the job we need to do.
The recent hurricanes have left 3.6 million Americans in Puerto Rico
and the U.S. Virgin Islands still without power, fuel, clean water,
food, electricity, and access to medical facilities. That is
unacceptable, I say to the administration.
We are witnessing a humanitarian disaster of historic proportions,
and it will get worse if we do not come together as a nation and bring
to bear the full force of the Federal Government to assist.
Mr. Speaker, I thank the chairman for bringing this bill to the floor
to effect that end.
That is why I have called on President Trump to muster every Federal
resource, to muster and ensure that aid and supplies can reach those
who need them, and to work on restoring power, water, and
communications. Because many are still out of reach, we do not yet know
the full extent of the damage and loss of life.
Today's Washington Post has a front page story chronicling the
tragedy that continues as of now to unfold in Puerto Rico, where
nightfall brings complete darkness, and diseases are spreading by way
of contaminated water. The island has been plunged into the 19th
century. The Virgin Islands shares that status.
This supplemental must be followed in the weeks and months ahead by
additional measures to provide disaster relief funding and financial
assistance to bring the infrastructure of Puerto Rico and the U.S.
Virgin Islands up to 21st century standards in order to prevent a
repeat of what has occurred.
According to a letter sent to the congressional leadership on October
7, by the governor of Puerto Rico, Ricardo Rossello, the damage of that
island is
[[Page H7996]]
estimated to cost as much as $95 billion, which is 150 percent of
Puerto Rico's gross national product.
This funding package is an important step, though it fails to provide
urgently needed Medicaid funding to help the 1.6 million in Puerto Rico
and the U.S. Virgin Islands who rely on Medicaid for their healthcare.
Congress must do its part and ensure that the resources are
available, but it is up to the administration to make certain that the
resources we provide get to those who need them.
So I ask my colleagues to join me in passing this bill, and I call on
the President again to take every necessary measure to address this
humanitarian crisis affecting our fellow Americans.
Mr. President, do not send a message to any American that we will
turn our backs on them. That is not fair, it is not right, and you
ought to correct the statement you made this morning.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, Puerto Rico has no power. The U.S.
Virgin Islands has no power. St. Johns is completely collapsed in the
U.S. Virgin Islands. The people are dying from contaminated water.
Mr. President, how can you abandon the American people?
This bill is going to provide FEMA assistance to keep giving so they
can have it. It is going to give $16 billion to the senior citizens in
my district, who have paid their flood insurance, who are desperate to
get their houses repaired, to get the mold out after being impacted by
Hurricane Harvey.
Yes, I woke up this morning to the outrage of the fires and people
dying in California. That is what is in this bill.
I can't imagine that a President would make this comment of walking
away, but I am here to fight for those who have been impacted by
Hurricane Harvey. We are still suffering. Senior citizens are out of
their homes. We have been evicting people in public housing. We need
community development block grants. The Army Corps of Engineers is
greatly needed.
The funding that we ask for is not in here, block grants is not in
here, and as well the restoration that we need. We will fight. I will
not turn my back on Puerto Rico or the Virgin Islands and vote ``no''.
I will vote ``yes''----
The SPEAKER pro tempore. The gentlewoman is out of order.
Ms. JACKSON LEE. And help Americans, but Hurricane Harvey has to be
in the next bill.
The SPEAKER pro tempore. The gentlewoman is no longer recognized.
Ms. JACKSON LEE. * * *
The SPEAKER pro tempore. Members are reminded to heed the gavel.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
the Virgin Islands (Ms. Plaskett), who I believe just returned.
Ms. PLASKETT. Mr. Speaker, I thank Chairman Frelinghuysen and Ranking
Member Lowey for bringing more disaster relief legislation to the floor
today.
I am pleased to see much-needed support for ongoing disaster response
efforts in the Virgin Islands, Puerto Rico, and other hurricane-
affected areas, including direct assistance to families, debris removal
operations, and emergency protective measures carried out by FEMA, and
additional activities of numerous other Federal agencies that are on
the ground working around the clock to help us to recover and rebuild.
I cannot thank enough all of our Federal and local personnel helping
us through this. I have been on the ground after Irma, after Maria, and
just recently, and I tell you, their support is invaluable.
I am particularly pleased to see the subdivision of $5 billion for
Disaster Direct Loan Program to assist local governments and with
measures taking into account the unique aid and flexibility needed for
the Virgin Islands and Puerto Rico.
Multiple loans will be available based on different types of losses
and unanticipated spending needs, and waivers of amount limits are also
helpful. Additional loans to pay for local matching requirements is an
important support.
However, I am deeply concerned about the important relief that was
left out of this bill and the administration's disaster relief request
last week. This does not incorporate the medium and long-term
assistance that played a clear critical role in the recovery following
previous disasters like Katrina and Sandy, and the Virgin Islands
cannot afford to wait for this to be a higher priority of the Federal
Government.
The package does not include community development and social service
block grant funding, Economic Development Administration funds,
supplemental housing assistance, nor additional funds for repair of our
water infrastructure, ports, community facilities, airports, roads,
parks, wetlands, and fisheries.
Damage sustained in all of these areas has been catastrophic, and
waiting around until another end of the year for auxiliary funding for
these pressing needs is not acceptable.
Perhaps most concerning is the lack of Medicaid program assistance to
the territory. Even before two consecutive Category 5 hurricanes that
decimated our hospitals and medical infrastructure, the Virgin Islands
was forced to operate a Medicaid program that is capped in an amount
that has no relationship to local needs, and our rate of Federal
matching funds, our FMAP, is limited to an arbitrarily low 55 percent
Federal to 45 percent local contribution.
{time} 1300
Thousands of our citizens go without adequate care due to this
treatment every year, in addition to the impacts on our providers and
hospitals due to uncompensated care, but after these back-to-back
storms, there is no revenue being generated in the Virgin Islands and
Puerto Rico at this time. Our tourism-related economy is gone. We will
miss this entire year, at the very least.
With our public health and social welfare needs, we are in dire need
of supplemental Medicaid support, including a temporary 100 percent
Federal contribution, just like what was provided to Americans living
in Louisiana and Texas following Katrina.
I was pleased to see Ranking Member Pallone's proposal to provide
this 100 percent temporary Federal share with a substantial plus-up to
our allotment so that the American citizens--yes, American citizens--in
the Virgin Islands and Puerto Rico can have the benefit of Medicaid in
this time of greatest need.
This has not been a part of this package. Virgin Islanders cannot
wait until Christmas for a Medicaid program. We need it now.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Maxine Waters), the ranking member of the Committee on
Financial Services.
Ms. MAXINE WATERS of California. Mr. Speaker, in the wake of the
destruction that this historic hurricane season has wrought on Texas,
Florida, the Virgin Islands, Puerto Rico, and the Gulf Coast, I am very
pleased that, in addition to the emergency relief funds for wildfires
that are burning on both ends of California, the bill also includes
liquidity and emergency nutritional assistance for Puerto Rico, where
they are facing particularly difficult challenges in their recovery
efforts. This bill also provides for partial debt forgiveness of $16
billion for the National Flood Insurance Program.
I am encouraged to see that the administration finally understands
what we have been saying for a long time: we need to forgive the debt
of the NFIP, which FEMA has repeatedly stated it will never be able to
repay.
Following the losses that will be incurred as a result of the recent
hurricanes, the NFIP needs debt forgiveness more than ever. But let's
be clear. The partial debt forgiveness will leave the NFIP with a
crushing level of debt. Although this is a step in the right direction,
we should forgive all of the debt that the NFIP has accrued from
catastrophic storms like Katrina and Sandy instead of burdening the
NFIP policyholders with hundreds of millions of dollars in interest
payments every year.
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Before this hurricane season, NFIP policyholders were already paying
more in interest than the entire NFIP spends on salaries and expenses
or funding mitigation or paying for flood maps.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Lee), a senior member of the Appropriations Committee.
Ms. LEE. Mr. Speaker, I want to thank our ranking member for yielding
time to me and for her tireless leadership.
Mr. Speaker, as a Representative from northern California, let me
just say that my thoughts and prayers are with our neighbors in the
North Bay.
I remember the Oakland Hills. I represent Oakland and Berkeley,
California; and just as many helped us then, we will help our neighbors
now.
I am deeply grateful to our firefighters and our first responders who
have been working around the clock to extinguish these fires.
Mr. Speaker, I also rise in strong support of this emergency
supplemental. Our neighbors in the North Bay, the Gulf Coast, Puerto
Rico, the U.S. Virgin Islands, Texas, they need our help, and they need
it now. Communities are devastated, and many are still without power
and water. This is a life-and-death situation for so many.
Make no mistake, the recovery process is just beginning, and we
cannot forget our Caribbean neighbors who are also suffering.
Mr. Speaker, the supplemental is a good first step. It is a good
first step in a very long process, but we must provide more long-term
assistance to help communities rebuild and to help them recover very
quickly, and we must leave no one behind.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I am pleased to be here with my partner, our
chairman, Mr. Frelinghuysen. I know that he understands, as we all do,
this is not a Republican or Democratic issue. This is our
responsibility, to face the tremendous challenge that we see: people
are suffering, schools are closed, more than three-quarters of the
island does not have any energy, no clean water, need for food, need
for basic services.
I am very pleased to work with the chairman of the committee, Mr.
Frelinghuysen, and I know that we will both be going to the island of
Puerto Rico to actually see firsthand what has to be done, and it is
clear it has to be done now.
Mr. Speaker, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Pennsylvania (Mr. Smucker).
Mr. SMUCKER. Mr. Speaker, I had the opportunity to travel to Puerto
Rico this past Saturday with a bipartisan group of legislators. We
traveled there with Resident Commissioner Gonzalez-Colon, who has been
an absolutely outstanding advocate for Puerto Rico during this
difficult time. I have a few takeaways from that:
One, it was a sobering experience to see how widespread the
devastation is on the island. Every single aspect of the island of
Puerto Rico was affected.
Secondly, the full commitment of the Department of Defense, of FEMA,
of every Federal Government agency and the effort to recover that is
being conducted in conjunction with the Governor and folks on the
ground in Puerto Rico is great to see. It is an effective initial
recovery effort that has saved and has sustained lives. Millions of
meals and millions of bottles of water have been distributed.
A third takeaway is this will require a sustained active and
effective effort.
I want to thank the chairman for introducing this bill today, which
is absolutely necessary to bring back the economy on the island of
Puerto Rico. The top priority now is to rebuild the grid, which is
absolutely essential to getting the economy in Puerto Rico moving. That
is why we need this aid package. It is an important step along the long
road to recovery for our fellow citizens in Puerto Rico, as well as for
all of those impacted by hurricanes in the South and those out West
battling wildfires.
One thing I saw as well: the American people come to the assistance
of other citizens in need, and that is true whether it is in Houston,
Florida, or in Puerto Rico.
Again, I would like to thank the chair for introducing this
legislation, and I urge my colleagues to support it.
Mr. FRELINGHUYSEN. Mr. Speaker, I would like to associate my remarks
with the gentleman from Pennsylvania (Mr. Smucker) as well as with my
colleague from New York (Mrs. Lowey).
On our committee, we try to get the work of the Nation done, and at
this point in history we have had some incredible tragedies and natural
disasters. As a group, as this House, we must act quickly to ensure
that the Federal Government fulfills its duty to millions of Americans
in need. Whether they are from Texas or whether they are from Florida
or whether they are from Puerto Rico or the Virgin Islands, they are
all citizens. Whether they are from the West, who have been fighting
these deadly fires, they deserve our support.
This will be the second installment of emergency funding. There will
be others. I know people are concerned that not every State's needs are
met, but this is a good step in the right direction, and I urge all my
colleagues to support this legislation so we can get this money out the
door as quickly as possible.
I yield back the balance of my time.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise to stand with the
hundreds of thousands of Texas families victimized by Hurricane Harvey,
and urge our state and federal officials to use available resources to
help our fellow Americans in their time of need.
With nearly four-and-a-half feet of rain and 130 mile per hour winds,
Hurricane Harvey is the largest and most expensive natural disaster to
hit Texas in living memory. At least 270,000 homes and residences were
damaged in our state. Most tragically, over 75 innocent people lost
their lives as a result of Harvey, most of them in Harris County.
Later today the U.S. House of Representatives will be voting on a
$36.5 billion disaster supplemental bill to sustain relief and recovery
efforts in Texas, Florida, Puerto Rico, and the U.S. Virgin Islands.
This is not a perfect bill. I would have strongly preferred Congress
provide dedicated funds to rebuild Houston and the Texas Gulf Coast,
especially dedicated funding towards our region's flood control
infrastructure and immediate housing needs for hurricane victims.
However, this supplemental will sustain the current recovery efforts
till the damages caused by these devastating hurricanes can be fully
assessed. Today's supplemental is on top of $15 billion in emergency
funding Congress passed last month in the immediate aftermath of
Harvey.
The bipartisan Texas Congressional Delegation is committed to
securing the substantial federal funds Houston and the Texas Gulf Coast
need to rebuild and be prepared for the next big storm before the
holiday season.
Our local officials, in particular the Governor of Texas and the
state legislature, have the opportunity right now to act and ramp-up
rebuilding efforts through our state's Economic Stabilization Fund.
Popularly known as Texas's ``rainy day fund,'' the ESF currently has
over $10 billion available for emergencies. There can be no question
that the destruction caused by Harvey and the immediate needs of tens
of thousands of Texans are an emergency and are the reason why our
state has been investing in a rainy day fund in the first place.
Harris County Judge Ed Emmett and Houston Mayor Sylvester Turner have
already called on Governor Greg Abbott to use his authority to tap the
rainy day fund and help Texans in need and rebuild our infrastructure.
I join Judge Emmett and Mayor Turner in calling on the governor to
immediately authorize emergency funding through our rainy day fund and
help rebuild Houston and Harris County.
The SPEAKER pro tempore (Mr. Rogers of Kentucky). The question is on
the motion offered by the gentleman from New Jersey (Mr. Frelinghuysen)
that the House suspend the rules and agree to the resolution, H. Res.
569.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FRELINGHUYSEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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