[Congressional Record Volume 163, Number 209 (Thursday, December 21, 2017)]
[House]
[Pages H10364-H10394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FURTHER SUPPLEMENTAL APPROPRIATIONS ACT, 2018
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
to include extraneous material on H.R. 4667.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. FRELINGHUYSEN. Mr. Speaker, pursuant to House Resolution 670, I
call up the bill (H.R. 4667) making further supplemental appropriations
for the fiscal year ending September 30, 2018, for disaster assistance
for Hurricanes Harvey, Irma, and Maria, and calendar year 2017
wildfires, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 670, the
amendments printed in House Report 115-477 are adopted.
The bill, as amended, contains an emergency designation pursuant to
section 4(g)(1) of the Statutory Pay-As-You-Go Act of 2010.
Accordingly, the Chair must put the question of consideration under
section 4(g)(2) of the Statutory Pay-As-You-Go Act of 2010.
The question is, Will the House now consider the bill?
The question of consideration was decided in the affirmative.
The SPEAKER pro tempore. The bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 4667
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION A--DISASTER ASSISTANCE
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2018, and for other purposes, namely:
[[Page H10365]]
TITLE I
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For an additional amount for the ``Office of the
Secretary'', $2,600,000,000, which shall remain available
until September 30, 2019, for necessary expenses related to
crops, trees, bushes, vines, and livestock losses resulting
from Hurricanes Harvey, Irma, Maria, and other hurricanes and
wildfires occurring in calendar year 2017 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:
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 85
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 2017
crop year, or 2018 crop year in the case of citrus, 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 2017
crop year under NAP for the crop incurring the losses shall
not exceed 65 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,
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 90 days after the end of fiscal year 2018, the
Secretary shall submit a report to the Congress specifying
the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans
for further expenditure and include improvements that can be
made to Federal Crop Insurance policies, either
administratively or legislatively, to increase participation,
particularly among underserved producers, in higher levels of
coverage in future years for crops qualifying for assistance
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.
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $2,500,000, to remain available until expended,
for oversight and audit of programs, grants, and activities
funded by this division and administered by the Department of
Agriculture: 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.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$22,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma and Maria: 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.
Farm Service Agency
emergency conservation program
For an additional amount for the ``Emergency Conservation
Program'' for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria and of wildfires
occurring in calendar year 2017, and other natural disasters,
$400,000,000, to remain available until expended: Provided,
That not less than $300,000,000 of the amount made available
in the previous proviso shall be for necessary expenses
resulting from a major disaster declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): 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.
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 Harvey, Irma, and Maria and of
wildfires occurring in calendar year 2017, and other natural
disasters, $541,000,000, to remain available until expended:
Provided, That not less than $400,000,000 of the amount made
available in the previous proviso shall be for necessary
expenses resulting from a major disaster declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): 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.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing insurance fund program account
For an additional amount for costs of direct loans,
including costs relating to modification of such loans, as
those terms are defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a), $18,672,000 shall be for
direct loans for the rehabilitation of section 515 rental
housing (42 U.S.C. 1485) in locations where owners were not
required to carry national flood insurance, to remain
available until September 30, 2019: Provided, That such funds
shall be for areas impacted by Hurricanes Harvey, Irma, and
Maria: 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.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for the ``Rural Water and Waste
Disposal Program Account'', $165,475,000, to remain available
until expended, for grants to repair drinking water systems
and sewer and solid waste disposal systems impacted by
Hurricanes Harvey, Irma, and Maria: Provided, That not to
exceed $2,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of the
Consolidated Farm and Rural Development 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.
Food and Nutrition Service
commodity assistance program
For an additional amount for ``Commodity Assistance
Program'' for the emergency food assistance program as
authorized by section 27(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)),
$24,000,000, to remain available until September 30, 2019:
Provided, That notwithstanding any other provisions of the
Emergency Food Assistance Act of 1983, the Secretary of
Agriculture may allocate additional foods and funds for
administrative expenses from resources specifically
appropriated, transferred, or reprogrammed to provide
resources to Puerto Rico, the United States Virgin Islands,
and States affected by wildfires occurring in calendar year
2017 or Hurricanes Harvey, Irma, and Maria, as determined by
the Secretary, without regard to sections 204 and 214 of such
Act (7 U.S.C. 7508, 7515): Provided further, That such funds
will be designated for States impacted by Hurricanes Harvey,
Irma, and Maria, or wildfire and subject to a federal major
disaster or emergency declaration: 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
Food and Drug Administration
buildings and facilities
(including transfer of funds)
For an additional amount for ``Buildings and Facilities'',
$7,600,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria: Provided, That such amount may be
transferred to ``Department of Health and Human Services--
Food and Drug Administration Salaries and Expenses'' for
costs related to repair of facilities, for replacement of
equipment, and for other increases in facility-related costs:
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 by this paragraph:
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. 101. (a) Section 1501(d)(1) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)(1)) is amended by striking ``not more
than $20,000,000'' and inserting ``not more than
$40,000,000''.
(b) The amount provided by subsection (a) for fiscal year
2018 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
[[Page H10366]]
flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major
disaster designation as a result of Hurricanes Harvey, Irma,
and Maria, and the calendar year 2017 wildfires, 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 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: 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 Harvey, Irma, and Maria,
$120,904,000, to remain available until September 30, 2019,
as follows: (1) $12,904,000 for repair and replacement of
observing assets, Federal real property, and equipment; (2)
$18,000,000 for marine debris assessment and removal; (3)
$40,000,000 for mapping, charting, and geodesy services; and
(4) $50,000,000 to improve weather forecasting, hurricane
intensity forecasting and flood forecasting and mitigation
capabilities, including data assimilation from ocean
observing platforms and satellites: Provided, That 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.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$79,232,000, to remain available until September 30, 2020, as
follows: (1) $29,232,000 for repair and replacement of
Federal real property and observing assets; and (2)
$50,000,000 for improvements to operational and research
weather supercomputing infrastructure and for improvement of
satellite ground services used in hurricane intensity and
track prediction: Provided, That 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.
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
Harvey, Irma, and Maria, $2,500,000: Provided, That 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.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $21,200,000: Provided, That 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.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $11,500,000: Provided, That 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.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $16,000,000: Provided, That 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.
buildings and facilities
For an additional amount for ``Buildings and Facilities''
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $34,000,000, to remain
available until expended: Provided, That 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.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and
Environmental Compliance and Restoration'' for repairs at
National Aeronautics and Space Administration facilities
damaged by hurricanes during 2017, $81,300,000, to remain
available until expended: Provided, That 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.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'' for necessary expenses to repair National
Science Foundation radio observatory facilities damaged by
hurricanes that occurred during 2017, $16,300,000, to remain
available until expended: Provided, That 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: Provided further, That the National Science Foundation
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.
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 Harvey, Irma, and
Maria, $1,000,000: Provided, That the amount made available
under this heading shall be used only to provide the mobile
resources, technology, and disaster coordinators necessary to
provide storm-related services to the Legal Services
Corporation client population and only in the areas
significantly affected by Hurricanes Harvey, Irma, and Maria:
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 none of
the funds appropriated in this division 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 division 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 2017 and 2018, 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 division, the Legal Services Corporation
shall be considered an agency of the United States
Government.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
operation and maintenance, army
For an additional amount for ``Operation and Maintenance,
Army'', $20,110,000, to remain available until September 30,
2018, for necessary expenses related to the consequences of
Hurricanes Harvey, Irma or Maria: 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, navy
For an additional amount for ``Operation and Maintenance,
Navy'', $267,796,000, to remain available until September 30,
2018, for necessary expenses related to the consequences of
Hurricanes Harvey, Irma or Maria: 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, marine corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $17,920,000, to remain available until
September 30, 2018, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma or Maria: 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'', $20,916,000, to remain available until September
30, 2018, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma or Maria: 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, defense-wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,650,000,
[[Page H10367]]
to remain available until September 30, 2018, for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: 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, army reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $12,500,000, to remain available until
September 30, 2018, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma or Maria: 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, navy reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $2,922,000, to remain available until
September 30, 2018, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma or Maria: 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 reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $5,770,000, to remain available until
September 30, 2018, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma or Maria: 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, army national guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $55,471,000, to remain available until
September 30, 2018, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma or Maria: 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
other procurement, navy
For an additional amount for ``Other Procurement, Navy''
$18,000,000, to remain available until September 30, 2020,
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma or Maria: 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.
Revolving and Management Funds
defense working capital funds
For an additional amount for ``Defense Working Capital
Funds'' for the Navy Working Capital Fund, $9,486,000, to
remain available until September 30, 2018, for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: 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.
Other Department of Defense Programs
defense health program
For an additional amount for operation and maintenance for
``Defense Health Program'', $704,000, to remain available
until September 30, 2018, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma or Maria:
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
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $75,000,000, to remain available
until expended to expedite and complete at full Federal
expense studies, including Preconstruction Engineering and
Design, for flood and storm damage reduction, including shore
protection, in areas that were affected by Hurricanes Harvey,
Irma, or Maria: Provided, That the Secretary may use funding
provided under this heading to complete ongoing studies, to
initiate and complete up to two authorized studies for
assessing regional flood and storm risks, and to initiate and
complete up to six authorized feasibility studies: Provided
further, That the Secretary shall consider giving priority to
studies in areas that suffered the most damage from these
hurricanes and to studies in areas that have had multiple
major disaster declarations in recent years: Provided
further, That a report identifying all ongoing studies,
authorized studies for assessing regional flood and storm
risks in the impacted areas, and authorized feasibility
studies eligible for funding under this heading, including
identification of whether each study is in a category to be
considered for priority, shall be submitted to the Committees
on Appropriations of the House of Representatives and the
Senate not later than 30 days after the date of enactment of
this Act: Provided further, That no allocation shall be made
to initiate any new study until the Secretary submits to the
Committees on Appropriations of the House of Representatives
and the Senate a list of all new studies selected to be
initiated using funds provided under this heading: 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: Provided further, That beginning not later than 60 days
after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of natural disasters,
including Hurricanes Harvey, Irma, and Maria,
$10,480,000,000, to remain available until expended to
rehabilitate, repair, and construct United States Army Corps
of Engineers projects: Provided, That $55,000,000 of the
funds provided under this heading shall be used to address
emergency situations at Corps of Engineers projects, and to
rehabilitate and repair damages to Corps of Engineers
projects, caused by natural disasters: Provided further, That
$10,425,000,000 of the funds provided under this heading
shall be used to expedite construction of projects for flood
and storm damage reduction, including shore protection, in
areas that were affected by Hurricanes Harvey, Irma, or
Maria: Provided further, That the Secretary shall consider
giving priority to projects located in areas that suffered
the most damage from these hurricanes and to projects located
in areas that have had multiple major disaster declarations
in recent years: Provided further, That funding utilized for
authorized shore protection projects shall restore such
projects from the design level of protection to the full
project profile at full Federal expense: 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 upon approval of the Committees on Appropriations of the
House of Representatives and the Senate funds provided under
this heading may be used to construct any project studied
using funds provided under the heading ``Investigations'' or
any project with a completed Chief's Report that has not yet
been authorized if the Secretary determines that the project
is technically feasible, economically justified, and
environmentally acceptable: Provided further, That, using
these funds, the non-Federal cash contribution for authorized
but unconstructed projects, projects with completed Chief's
Reports that have not yet been authorized, or projects that
are funded as ongoing studies under the heading
``Investigations'' 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 a report
identifying all ongoing construction projects, authorized but
unconstructed projects, and projects with completed Chief's
Reports that have not yet been authorized, including project
cost estimates and identification of whether each project is
in a category to be considered for priority, shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after
the date of enactment of this Act: Provided further, That not
more than $500,000,000 of the funds provided to expedite
construction shall be available until such report is
submitted: Provided further, That for projects funded under
this heading, the provisions of section 902 of the Water
Resources Development Act of 1986 shall not apply to these
funds: Provided further, That up to $50,000,000 of the funds
provided to expedite construction shall be used to expedite
continuing authorities projects to reduce the risk of
flooding and storm damage in areas impacted by Hurricanes
Harvey, Irma, or Maria: 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 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 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 beginning not later than 60 days
after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'', $370,000,000, to remain available until
expended, for necessary
[[Page H10368]]
expenses to dredge navigation projects in response to, and
repair damages to Corps of Engineers projects caused by,
natural disasters: Provided, 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: Provided further, That beginning
not later than 60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for Civil Works
shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
for necessary expenses to dredge navigation projects in
response to, and repair damages to Corps of Engineers
projects caused by, natural disasters, $608,000,000, 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 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 beginning not later than 60 days after the date of
enactment of this Act, the Assistant Secretary of the Army
for Civil Works shall provide monthly reports to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses to
prepare for flood, hurricane and other natural disasters and
support emergency operations, repairs, and other activities
in response to such disasters, as authorized by law,
$537,000,000, to remain available until expended: Provided,
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: Provided further, That beginning not later than 60 days
after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
expenses
For an additional amount for ``Expenses'' for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $20,000,000, to remain available until
expended to oversee emergency response and recovery
activities: 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 beginning
not later than 60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for Civil Works
shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity Delivery and Energy Reliability
For an additional amount for ``Electricity Delivery and
Energy Reliability'', $13,000,000, to remain available until
expended, for necessary expenses related to natural
disasters, including technical assistance related to electric
grids: Provided, 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.
Strategic Petroleum Reserve
For an additional amount for ``Strategic Petroleum
Reserve'', $8,716,000, to remain available until expended,
for necessary expenses related to damages caused by natural
disasters: Provided, 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.
GENERAL PROVISION--THIS TITLE
Sec. 401. In fiscal year 2018 and each fiscal year
thereafter, the Chief of Engineers of the U.S. Army Corps of
Engineers shall transmit to the Congress, after reasonable
opportunity for comment, but without change, by the Assistant
Secretary of the Army for Civil Works, a monthly report, the
first of which shall be transmitted to Congress not later
than 2 days after the date of enactment of this Act and
monthly thereafter, which includes detailed estimates of
damages to each Corps of Engineers project, caused by natural
disasters or otherwise.
TITLE V
General Services Administration
federal buildings fund
For an additional amount to be deposited in the ``Federal
Buildings Fund'', $126,951,000, to remain available until
expended, for necessary expenses related to the consequences
of Hurricanes Harvey, Maria, and Irma, for repair and
alteration of buildings under the custody and control of the
Administrator of General Services, and real property
management and related activities not otherwise provided for:
Provided, That funds may be used to reimburse the ``Federal
Buildings Fund'' for obligations incurred for this purpose
prior to enactment of this Act: Provided further, That not
more than $15,000,000 shall be available for tenant
improvements in damaged U.S. courthouses: 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.
Small Business Administration
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Small Business
Administration--Disaster Loans Program Account'' for the cost
of direct loans authorized by section 7(b) of the Small
Business Act, $1,652,000,000, to remain available until
expended: Provided, That up to $618,000,000 may be
transferred to and merged with ``Salaries and Expenses'' for
administrative expenses to carry out the disaster loan
program authorized by section 7(b) of the Small Business Act:
Provided further, That none of the funds provided under this
heading may be used for indirect administrative expenses:
Provided further, That 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.
Office of Inspector General
For an additional amount for the ``Small Business
Administration--Office of Inspector General'', $7,000,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $25,000,000, to remain available
until September 30, 2020, for audits and investigations of
activities funded by this title: 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.
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $104,494,000, to remain available
until 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 not more than $39,400,000 may be used
to carry out U.S. Customs and Border Protection activities in
fiscal year 2018 in Puerto Rico and the United States Virgin
Islands, in addition to any other amounts available for such
purposes.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$3,000,000, to remain available until September 30, 2022:
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 funds are
provided to carry out U.S. Customs and Border Protection
activities in Puerto Rico and the United States Virgin
Islands, in addition to any other amounts available for such
purposes.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support''
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $30,905,000, to remain
available until 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.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$33,052,000, to remain available until September 30, 2022:
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.
Transportation Security Administration
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related
[[Page H10369]]
to the consequences of Hurricanes Harvey, Irma, and Maria,
$10,322,000, to remain available until 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.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $112,136,000, to remain available
until 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.
environmental compliance and restoration
For an additional amount for ``Environmental Compliance and
Restoration'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$4,038,000, to remain available until September 30, 2022:
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.
acquisition, construction, and improvements
For an additional amount for ``Acquisition, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, Maria, and Matthew,
$718,919,000, to remain available until September 30, 2022:
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 Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses, $58,800,000, to remain available until
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.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses, $1,200,000, 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.
disaster relief fund
(including transfer 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.), $27,500,000,000, to remain available until
expended: 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 or 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172 or 5189f) 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
Hurricanes Harvey, Irma, or Maria, the Administrator shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of
enactment of this Act, and shall publish on the Agency's
website, not later than 10 days after the first day of each
such month, an estimate or actual amount, if available, for
the current fiscal year of the cost of the following
categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any
other relevant category (including emergency measures and
disaster resources): Provided further, That not later than 10
days after the first day of each month, the Administrator
shall publish on the Agency's website the report (referred to
as the Disaster Relief Monthly Report) as required by Public
Law 114-4.
Of the amounts provided under this heading for the Disaster
Relief Fund, up to $4,000,000,000 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 $4,000,000,000 under section 417
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184): Provided further, That
notwithstanding section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5184), 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 Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184(b)), 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 Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5184(c)(1)), 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 the Federal Emergency Management Agency 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
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5184): 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 Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162):
Provided further, That 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.
Federal Law Enforcement Training Centers
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $5,374,000, to remain available
until 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.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$5,000,000, to remain available until September 30, 2022:
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. 601. 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
[[Page H10370]]
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-4336-
PR, DR-4339-PR, DR-4340-USVI, and DR-4335-USVI to--
(1) replace or restore the function of a facility or system
to industry standards without regard to the pre-disaster
condition of the facility or system; and
(2) replace or restore components of the facility or system
not damaged by the disaster where necessary to fully
effectuate the replacement or restoration of disaster-damaged
components to restore the function of the facility or system
to industry standards.
Sec. 602. (a) The Federal share of assistance, including
direct Federal assistance, provided under section 407 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5173), with respect to a major disaster
declared pursuant to such Act for damages resulting from a
wildfire in calendar year 2017, shall be 90 percent of the
eligible costs under such section.
(b) The Federal share provided by subsection (a) shall
apply to assistance provided before, on, or after the date of
enactment of this Act.
TITLE VII
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $210,629,000, 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 Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $17,500,000, to remain
available until September 30, 2019, including costs to States
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 Harvey,
Irma, and Maria, $207,600,000, 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.
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 Harvey, Irma, and Maria, 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 wildfires in 2017,
$42,246,000, 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.
Departmental Offices
Insular Affairs
assistance to territories
For an additional amount for ``Technical Assistance'' for
financial management expenses related to the consequences of
Hurricanes Irma and Maria, $3,000,000, 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 Hurricanes
Harvey, Irma, and Maria, $2,500,000, 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.
ENVIRONMENTAL PROTECTION AGENCY
Hazardous Substance Superfund
For an additional amount for ``Hazardous Substance
Superfund'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$6,200,000, 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 Fund
For an additional amount for ``Leaking Underground Storage
Tank Fund'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$7,000,000, 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 AGRICULTURE
FOREST SERVICE
state and private forestry
For an additional amount for ``State and Private Forestry''
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $7,500,000, 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.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $20,652,000, 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 Harvey, Irma, and Maria, and the
2017 fire season, $91,600,000, 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.
GENERAL PROVISION--THIS TITLE
Sec. 701. Agencies receiving funds appropriated by this
title shall each 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
by account, beginning not later than 90 days after enactment
of this Act.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfers of funds)
For an additional amount for ``Training and Employment
Services'', $30,000,000, for the dislocated workers
assistance national reserve for necessary expenses directly
related to the consequences of Hurricanes Harvey, Maria, and
Irma or the calendar year 2017 wildfires with major disaster
or emergency declarations under titles IV or V of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act in
calendar year 2017, which shall remain available until
September 30, 2019: Provided, That these sums may be used to
replace grant funds previously obligated to the impacted
areas: 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.
job corps
For an additional amount for ``Job Corps'' for
construction, rehabilitation and acquisition for Job Corps
Centers in Puerto Rico, $30,900,000, which shall be available
through June 30, 2021: 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 HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and
Program Support'', $200,000,000, to remain available until
expended, for response, recovery, preparation, mitigation,
and other expenses directly related to the consequences of
Hurricanes Harvey, Irma, or Maria: Provided, That obligations
incurred for the purposes provided herein prior to the date
of enactment of this Act may be charged to funds appropriated
by this paragraph: Provided further, That of the amount
provided, not less than $6,000,000 shall be transferred to
the ``Buildings and Facilities'' account for the purposes
provided herein: 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.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for the ``Public Health and Social
Services Emergency
[[Page H10371]]
Fund'', $177,000,000, to remain available until expended, for
response, recovery, preparation, mitigation and other
expenses directly related to the consequences of Hurricanes
Harvey, Irma, or Maria, including activities authorized under
section 319(a) of the Public Health Service Act (referred to
in this title as the ``PHS Act''): Provided, That
$60,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'', for expenses
related to the consequences of Hurricanes Harvey, Irma, or
Maria for disaster response and recovery, for the Health
Centers Program under section 330 of the PHS Act: Provided
further, That not less than $50,000,000, of amounts
transferred under the preceding proviso, shall be available
for alteration, renovation, construction, equipment, and
other capital improvement costs as necessary to meet the
needs of areas affected by Hurricanes Harvey, Irma, or Maria:
Provided further, That the time limitation in section
330(e)(3) of the PHS Act shall not apply to funds made
available under the preceding proviso: Provided further, That
not less than $20,000,000 shall be transferred to ``Substance
Abuse and Mental Health Services Administration--Health
Surveillance and Program Support'' 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 Harvey, Irma, or Maria: Provided further, That
up to $2,000,000 shall be transferred to ``Office of the
Secretary--Office of Inspector General'' for oversight of
activities responding to such hurricanes: 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
of the funds appropriated in this paragraph, $15,000,000
shall be transferred to the ``National Institutes of Health--
Office of the Director'' for the purposes provided in this
paragraph: Provided further, That funds transferred to the
National Institutes of Health for the purpose of supporting
the repair or rebuilding of non-Federal biomedical or
behavioral research facilities damaged as a result of
Hurricanes Harvey, Irma, or Maria shall be used to award
grants or contracts for such purpose under section 404I of
the Public Health Service Act: Provided further, That section
404I(c)(2) of such Act does not apply to the use of funds
described in the preceding proviso: 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 such additional 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
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $650,000,000, to remain available until
September 30, 2021, for Head Start programs, for necessary
expenses directly related to the consequences of Hurricanes
Harvey, Irma, or Maria, including making payments under the
Head Start Act: 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 $10,000,000 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
additional amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF EDUCATION
Hurricane Education Recovery
(including transfer of funds)
For an additional amount for ``Hurricane Education
Recovery'' for assisting in meeting the educational needs of
individuals affected by Hurricanes Harvey, Irma, or Maria, or
calendar year 2017 wildfires for which the President declared
a major disaster or emergency under section 401 or 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170; 42 U.S.C. 5191) (referred to herein as a
``covered disaster or emergency''), $2,900,000,000, to remain
available through September 30, 2021: Provided, That such
additional 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--
(1) such funds shall be used--
(A) to make awards, which shall be available until
expended, to eligible entities for immediate aid to restart
school operations, in accordance with paragraph (2);
(B) for temporary emergency impact aid for displaced
students, in accordance with paragraph (2);
(C) for emergency assistance to institutions of higher
education and students attending institutions of higher
education in an area directly affected by a covered disaster
or emergency in accordance with paragraph (3);
(D) for payments to institutions of higher education to
help defray the unexpected expenses associated with enrolling
displaced students from institutions of higher education
directly affected by a covered disaster or emergency, in
accordance with paragraph (4); and
(E) to provide assistance to local educational agencies
serving homeless children and youth in accordance with
paragraph (5);
(2) immediate aid to restart school operations and
temporary emergency impact aid for displaced students
described in subparagraphs (A) and (B) of paragraph (1) shall
be provided under the statutory terms and conditions that
applied to assistance under sections 102 and 107 of title IV
of division B of Public Law 109-148, respectively, including
the nondiscrimination provisions under section 107(m), except
that such sections shall be applied so that--
(A) each reference to a major disaster declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
shall be to a major disaster or emergency declared by the
President in accordance with section 401 or 501,
respectively, of such Act;
(B) each reference to Hurricane Katrina or Hurricane Rita
shall be a reference to a covered disaster or emergency;
(C) each reference to August 22, 2005, when used in
relation to a covered disaster or emergency, shall be to the
date that is one week prior to the date on which the major
disaster or emergency was declared for the area;
(D) each reference to the States of Louisiana, Mississippi,
Alabama, and Texas shall be to the States or territories
affected by a covered disaster or emergency, and each
reference to the State educational agencies of Louisiana,
Mississippi, Alabama, or Texas shall be a reference to the
State educational agencies that serve the states or
territories affected by a covered disaster or emergency;
(E) each reference to the 2005-2006 school year shall be to
the 2017-2018 school year;
(F) the references in section 102(h)(1) of title IV of
division B of Public Law 109-148 to the number of non-public
elementary schools and secondary schools in the State shall
be to the number of students in non-public elementary schools
and secondary schools in the State, and the reference in such
section to the 2003-2004 school year shall be to the most
recent data set for the 2016-2017 school year;
(G) in determining the amount of immediate aid provided to
restart school operations as described in section 102(b) of
title IV of division B of Public Law 109-148, the Secretary
shall consider the number of students enrolled, during the
2016-2017 school year, in elementary schools and secondary
schools that were closed as a result of a covered disaster or
emergency;
(H) in determining the amount of emergency impact aid that
a State educational agency is eligible to receive under
paragraph (1)(B), the Secretary shall, subject to section
107(d)(1)(B) of such title, provide--
(i) $9,000 for each displaced student who is an English
learner, as that term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801);
(ii) $10,000 for each displaced student who is a child with
disability (regardless of whether the child is an English
learner); and
(iii) $8,500 for each displaced student who is not a child
with a disability or an English learner; and
(I) with respect to the emergency impact aid provided under
paragraph (1)(B), the Secretary may modify the State
educational agency and local educational agency application
timelines in section 107(c) of such title;
(3) up to $200,000,000 of the funds made available under
this heading shall be for programs authorized under subpart 3
of part A and part C of title IV and part B of title VII of
the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.,
1138 et seq.) for institutions located in an area affected by
a covered disaster or emergency, and students enrolled in
such institutions, except that--
(A) any requirements relating to matching, Federal share,
reservation of funds, or maintenance of effort under such
parts that would otherwise be applicable to that assistance
shall not apply;
(B) such assistance may be used for student financial
assistance;
(C) such assistance may also be used for faculty and staff
salaries, equipment, student supplies and instruments, or any
purpose authorized under the Higher Education Act of 1965, by
institutions of higher education that are located in areas
affected by a covered disaster or emergency; and
(D) the Secretary shall prioritize, to the extent possible,
students who are homeless or at risk of becoming homeless as
a result of displacement, and institutions that have
sustained extensive damage, by a covered disaster or
emergency;
(4) up to $120,000,000 of the funds made available under
this heading shall be for payments to institutions of higher
education to help defray the unexpected expenses associated
with enrolling displaced students from institutions of higher
education at which operations have been disrupted by a
covered
[[Page H10372]]
disaster or emergency, in accordance with criteria
established by the Secretary and made publicly available;
(5) $25,000,000 of the funds made available under this
heading shall be available to provide assistance to local
educational agencies serving homeless children and youths
displaced by a covered disaster or emergency, consistent with
section 723 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431-11435) and with section 106 of title IV of
division B of Public Law 109-148, except that funds shall be
disbursed based on demonstrated need and the number of
homeless children and youth enrolled as a result of
displacement by a covered disaster or emergency;
(6) section 437 of the General Education Provisions Act (20
U.S.C. 1232) and section 553 of title 5, United States Code,
shall not apply to activities under this heading;
(7) $4,000,000 of the funds made available under this
heading, to remain available through September 30, 2021,
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 $3,000,000 of the funds made available under this heading,
to remain available through September 30, 2019, shall be for
program administration;
(8) up to $35,000,000 of the funds made available under
this heading shall be to carry out activities authorized
under section 4631(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7281(b)); and
(9) the Secretary may waive, modify, or provide extensions
for certain requirements of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) for affected individuals, affected
students, and affected institutions in covered disaster or
emergency areas in the same manner as the Secretary was
authorized to waive, modify, or provide extensions for
certain requirements of such Act under provisions of subtitle
B of title IV of division B of Public Law 109-148 for
affected individuals, affected students, and affected
institutions in areas affected by Hurricane Katrina and
Hurricane Rita, except that the cost associated with any
action taken by the Secretary under this paragraph 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
(including transfers of funds)
Sec. 801. (a) Notwithstanding section 133(b)(4) of the
Workforce Innovation and Opportunity Act, in States, as
defined by section 3(56) of such Act, affected by Hurricanes
Harvey, Irma, and Maria, a local board, as defined by section
3(33) of such Act, in a local area, as defined by section
3(32) of such Act, affected by such Hurricanes may transfer,
if such transfer is approved by the Governor, up to 100
percent of the funds allocated to the local area for Program
Years 2016 and 2017 for Youth Workforce Investment activities
under paragraphs (2) or (3) of section 128(b) of such Act,
for Adult employment and training activities under paragraphs
(2)(A) or (3) of section 133(b) of such Act, or for
Dislocated Worker employment and training activities under
paragraph (2)(B) of section 133(b) of such Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities;
and
(3) youth workforce investment activities.
(b) Except for the funds reserved to carry out required
statewide activities under sections 127(b) and 134(a)(2) of
the Workforce Innovation and Opportunity Act, the Governor of
the United States Virgin Islands may authorize the transfer
of up to 100 percent of the remaining funds provided to the
United States Virgin Islands for Program Years 2016 and 2017
for Youth Workforce Investment activities under section
127(b)(1)(B) of such Act, for Adult employment and training
activities under section 132(b)(1)(A) of such Act, or for
Dislocated Worker employment and training activities under
section 133(b)(2)(A)) of such Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities;
and
(3) youth workforce investment activities.
Sec. 802. Funds appropriated by this title may be
transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and
Prevention'' and ``Public Health and Social Services
Emergency Fund'' for the purposes specified in this title
following consultation with the Office of Management and
Budget: Provided, That the Committees on Appropriations in
the House of Representatives and the Senate shall be notified
10 days in advance of any such transfer: Provided further,
That, upon a determination that all or part of the funds
transferred from an appropriation are not necessary, such
amounts may be transferred back to that appropriation:
Provided further, That none of the funds made available by
this title may be transferred pursuant to the authority in
section 205 of division H of Public Law 115-31 or section
241(a) of the PHS Act.
Sec. 803. (a) As the Secretary of Health and Human Services
determines necessary to respond to a critical hiring need for
emergency response positions, after providing public notice
and without regard to the provisions of sections 3309 through
3319 of title 5, United States Code, the Secretary may
appoint candidates directly to the following positions to
perform critical work directly relating to the consequences
of Hurricanes Harvey, Irma, or Maria:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of the
PHS Act (42 U.S.C. 300hh-11).
(2) Term or temporary appointments at the Centers for
Disease Control and Prevention and the Office of the
Assistant Secretary for Preparedness and Response.
(b) The authority under subsection (a) shall expire 270
days after the date of enactment of this section.
Sec. 804. Notwithstanding any other provision of law, the
interest payment of the United States Virgin Islands that was
due under section 1202(b)(1) of the Social Security Act on
September 29, 2017, shall not be due until September 28,
2018, and no interest shall accrue on such amount through
September 28, 2018.
Sec. 805. Agencies receiving funds appropriated by this
title shall each 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
by account, beginning not later than 90 days after enactment
of this Act.
TITLE IX
Government Accountability Office
salaries and expenses
For an additional amount for the Government Accountability
Office for ``Salaries and Expenses'', $14,000,000, to remain
available until expended, for audits and investigations
relating to Hurricanes Harvey, Irma, and Maria and the
calendar year 2017 wildfires: Provided, That not later than
180 days after the date of enactment of this Act, GAO shall
submit to Congress a report describing the United States
Virgin Island's economic and disaster recovery plan that
defines the priorities, goals, and expected outcomes of the
recovery effort based on damage assessments prepared pursuant
to Federal law: Provided further, That GAO shall report on
the internal control plans that are in place to provide
oversight of Federal disaster funds to be used in recovery
activities in the United States Virgin Islands, identify any
deficiencies in such plans, and provide recommendations to
address noted deficiencies: 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 DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $201,636,000, to remain available until
September 30, 2022, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided,
That none of the funds made available to the Navy and Marine
Corps for recovery efforts related to Hurricanes Harvey,
Irma, and Maria in this division 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 Secretary of the
Navy, or his designee, shall submit to the Committees on
Appropriations of 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.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $519,345,000, to remain available until
September 30, 2022, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided,
That none of the funds made available to the Army National
Guard for recovery efforts related to Hurricanes Harvey,
Irma, and Maria in this division 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 Services
For an additional amount for ``Medical Services'',
$11,075,000, to remain available
[[Page H10373]]
until September 30, 2019, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria:
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.
Medical Support and Compliance
For an additional amount for ``Medical Support and
Compliance'', $3,209,000, to remain available until September
30, 2019, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria: 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.
Medical Facilities
For an additional amount for ``Medical Facilities'',
$75,108,000, to remain available until September 30, 2022,
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria: Provided, 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.
Departmental Administration
Construction, Minor Projects
For an additional amount for ``Construction, Minor
Projects'', $4,088,000, to remain available until September
30, 2022, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria: 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. 1001. Notwithstanding section 18236(b) of title 10,
United States Code, the Secretary of Defense shall contribute
to Puerto Rico 100 percent of the total cost of construction
(including the cost of architectural, engineering and design
services) for the acquisition, construction, expansion,
rehabilitation, or conversion of the Arroyo readiness center
under paragraph (5) of section 18233(a) of title 10, United
States Code.
TITLE XI
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
(airport and airway trust fund)
For an additional amount for ``Operations'', $35,000,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until expended, for necessary expenses
related to the consequences of hurricanes occurring in
calendar year 2017: 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.
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and Equipment'',
$79,589,000, to be derived from the Airport and Airway Trust
Fund and to remain available until expended, for necessary
expenses related to the consequences of hurricanes occurring
in calendar year 2017: 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 Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $1,374,000,000, to remain available until expended:
Provided, That notwithstanding section 125(d)(4) of title 23,
United States Code, no limitation on the total obligations
for projects under section 125 of such title shall apply to
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands for fiscal
year 2018 and fiscal year 2019: Provided further, That
notwithstanding section 120(i)(1) of title 23, United States
Code, for fiscal year 2018 and each fiscal year thereafter,
Puerto Rico may use toll credits toward the non-Federal share
requirement for emergency relief funds made available under
section 125 of such title to respond to damage caused by
Hurricanes Irma and Maria: Provided further, 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.
Federal Transit Administration
public transportation emergency relief program
For the ``Public Transportation Emergency Relief Program''
as authorized under section 5324 of title 49, United States
Code, $269,000,000 to remain available until expended, for
transit systems affected by Hurricanes Harvey, Irma, and
Maria with major disaster declarations in 2017: Provided,
That not more than three-quarters of one 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
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.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$10,000,000, to remain available until expended, for
necessary expenses, including for dredging, related to damage
to Maritime Administration facilities resulting from
Hurricane Harvey: 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'', $26,060,000,000, 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 declared in
2017 (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, up to $13,560,000,000 shall be allocated to
meet unmet needs for grantees that have received or will
receive allocations for major disasters declared in 2017, and
that such allocations shall include the States and units of
local government affected by Hurricane Maria: Provided
further, That of the amounts made available under this
heading, no less than $12,500,000,000 shall be allocated for
mitigation activities to all grantees of funding provided
under this heading, the same heading in chapter 9 of title X
of division A of Public Law 113-2, 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 the
same heading in division B of Public Law 115-56, and that
such mitigation activities shall be subject to the same terms
and conditions of this heading, as determined by the
Secretary: Provided further, That all such grantees shall
receive an allocation of funds under the preceding proviso in
the same proportion that the amount of funds each grantee
received or will receive under the second proviso of this
heading or the headings and sections specified in the
previous proviso bears to the amount of all funds provided to
all grantees specified in the previous proviso: Provided
further, That of the amounts made available under the second
and third provisos of this heading, the Secretary shall
allocate to all such grantees an aggregate amount of not less
than 33 percent of each such amount of funds provided under
this heading within 60 days after the date of enactment of
this Act based on the best available data: Provided further,
That the Secretary shall not prohibit the use of funds made
available under this heading and the same heading in division
B of Public Law 115-56 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 to
recover from economic losses: 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 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
[[Page H10374]]
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,
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 sixth
proviso under this heading in the Supplemental Appropriations
for Disaster Relief Requirements, 2017 (division B of Public
Law 115-56) 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 the eighth proviso under this heading
in the Supplemental Appropriations for Disaster Relief
Requirements, 2017 (division B of Public Law 115-56) is
amended by inserting ``408(c)(4),'' after ``407,'': Provided
further, That of the amounts made available under this
heading, up to $10,000,000 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 115-56, or
may receive similar allocations for disaster recovery in
future appropriations Acts: Provided further, That of the
amounts made available under this heading, up to $10,000,000
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 115-56 and the aggregate of such
amounts shall be available for any of the purposes specified
under this heading or the same heading in Public Law 115-56
without limitation: Provided further, That of the funds made
available under this heading, $10,000,000 shall be
transferred to the Office of the Inspector General for
necessary costs of overseeing and auditing funds made
available under this heading: Provided further, That any
funds made available under this heading that remain
available, after the other funds under such heading have been
allocated for necessary expenses for activities authorized
under such heading, shall be used for additional activities,
including mitigation, in the most impacted and distressed
areas resulting from major disasters declared in 2011 and
subsequent years: Provided further, That such remaining funds
shall be awarded to grantees of funding provided for disaster
relief under this heading, the same heading in chapter 9 of
title X of division A of Public Law 113-2, 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 the same heading in division B of Public Law 115-
56, subject to the same terms and conditions under this
heading and such headings and sections respectively: Provided
further, That each such grantee shall receive an allocation
from such remaining funds in the same proportion that the
amount of funds such grantee received under the second
proviso under this heading and under the Acts specified in
the previous proviso bears to the amount of all funds
provided to all grantees specified in the previous proviso:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE XII
GENERAL PROVISIONS--THIS DIVISION
Sec. 1201. Each amount appropriated or made available by
this division is in addition to amounts otherwise
appropriated for the fiscal year involved.
Sec. 1202. 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. 1203. Unless otherwise provided for by this division,
the additional amounts appropriated by this division to
appropriations accounts shall be available under the
authorities and conditions applicable to such appropriations
accounts for fiscal year 2018.
Sec. 1204. 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 and in division A of Public
Law 115-72.
Sec. 1205. 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. 1206. (a) Section 305 of division A of the Additional
Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (Public Law 115-72) is amended--
(1) in subsection (a)--
(A) by striking ``(1) Not later than December 31, 2017,''
and inserting ``Not later than March 31, 2018,''; and
(B) by striking paragraph (2); and
(2) in subsection (b), by striking ``receiving funds under
this division'' and inserting ``expending more than
$10,000,000 of funds provided by this division and division B
of Public Law 115-56 in any one fiscal year''.
(b) Section 305 of division A of the Additional
Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (Public Law 115-72), as amended by this section,
shall apply to funds appropriated by this division as if they
had been appropriated by that division.
(c) In order to proactively prepare for oversight of future
disaster relief funding, not later than one year after the
date of enactment of this Act, the Director of the Office of
Management and Budget shall issue standard guidance for
Federal agencies to use in designing internal control plans
for disaster relief funding. This guidance shall leverage
existing internal control review processes and shall include,
at a minimum, the following elements:
(1) Robust criteria for identifying and documenting
incremental risks and mitigating controls related to the
funding.
(2) Guidance for documenting the linkage between the
incremental risks related to disaster funding and efforts to
address known internal control risks.
Sec. 1207. Any agency or department provided funding in
excess of $3,000,000,000 by this division, including the
Federal Emergency Management Agency, the Department of
Housing and Urban Development, and the Corps of Engineers, is
directed to provide a report to the Committee on
Appropriations of the House of Representatives regarding its
efforts to provide adequate resources and technical
assistance for small, low-income communities affected by
natural disasters.
Sec. 1208. (a) Not later than 180 days after the date of
enactment of this Act and in coordination with the
Administrator of the Federal Emergency Management Agency,
with support and contributions from the Secretary of the
Treasury, the Secretary of Energy, and other Federal agencies
having responsibilities defined under the National Disaster
Recovery Framework, the Governor of the Commonwealth of
Puerto Rico shall submit to Congress a report describing the
Commonwealth's 12- and 24-month economic and disaster
recovery plan that--
(1) defines the priorities, goals, and expected outcomes of
the recovery effort for the Commonwealth, based on damage
assessments prepared pursuant to Federal law, if applicable,
including--
(A) housing;
(B) economic issues, including workforce development and
industry expansion and cultivation;
(C) health and social services;
(D) natural and cultural resources;
(E) governance and civic institutions;
(F) electric power systems and grid restoration;
[[Page H10375]]
(G) environmental issues, including solid waste facilities;
and
(H) other infrastructure systems, including repair,
restoration, replacement, and improvement of public
infrastructure such water and wastewater treatment
facilities, communications networks, and transportation
infrastructure;
(2) is consistent with--
(A) the Commonwealth's fiscal capacity to provide long-term
operation and maintenance of rebuilt or replaced assets;
(B) alternative procedures and associated programmatic
guidance adopted by the Administrator of the Federal
Emergency Management Administration pursuant to section 428
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189f); and
(C) actions as may be necessary to mitigate vulnerabilities
to future extreme weather events and natural disasters and
increase community resilience, including encouraging the
adoption and enforcement of the latest published editions of
relevant consensus-based codes, specifications, and standards
that incorporate the latest hazard-resistant designs and
establish minimum acceptable criteria for the design,
construction, and maintenance of residential structures and
facilities for the purpose of protecting the health, safety,
and general welfare of the buildings' users against
disasters;
(3) promotes transparency and accountability through
appropriate public notification, outreach, and hearings;
(4) identifies performance metrics for assessing and
reporting on the progress toward achieving the Commonwealth's
recovery goals, as identified under paragraph (1);
(5) is developed in coordination with the Oversight Board
established under PROMESA; and
(6) is certified by that Oversight Board to be consistent
with the purpose set forth in section 101(a) of PROMESA (48
U.S.C. 2121(a)).
(b) At the end of every 30-day period before the submission
of the report described in subsection (a), the Governor of
the Commonwealth of Puerto Rico, in coordination with the
Administrator of the Federal Emergency Management Agency,
shall provide to Congress interim status updates on progress
developing such report.
(c) At the end of every 180-day period after the submission
of the report described in subsection (a), the Governor of
the Commonwealth of Puerto Rico, in coordination with the
Administrator of the Federal Emergency Management Agency,
shall make public a report on progress achieving the goals
set forth in such report.
(d) During the development, and after the submission, of
the report require by in subsection (a), the Oversight Board
may provide to Congress reports on the status of coordination
with the Governor of Puerto Rico.
(e) Amounts made available by this division to a covered
territory for response to or recovery from Hurricane Irma or
Hurricane Maria in an aggregate amount greater than
$10,000,000 may be reviewed by the Oversight Board under the
Oversight Board's authority under 204(b)(2) of PROMESA (48
U.S.C. 2144(b)(2)).
(f) When developing a Fiscal Plan while the recovery plan
required under subsection (a) is in development and in
effect, the Oversight Board shall use and incorporate, to the
greatest extent feasible, damage assessments prepared
pursuant to Federal law.
(g) For purposes of this section, the terms ``covered
territory'' and ``Oversight Board'' have the meaning given
those term in section 5 of PROMESA (48 U.S.C. 2104).
This division may be cited as the ``Further Additional
Supplemental Appropriations for Disaster Relief Requirements,
2017''.
DIVISION B--DISASTER RECOVERY REFORM ACT
Sec. 2001. Applicability.
Sec. 2002. State defined.
Sec. 2003. Wildfire prevention.
Sec. 2004. Additional activities.
Sec. 2005. Eligibility for code implementation and enforcement.
Sec. 2006. Program improvements.
Sec. 2007. Prioritization of facilities.
Sec. 2008. Guidance on evacuation routes.
Sec. 2009. Duplication of benefits.
Sec. 2010. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 2011. Assistance to individuals and households.
Sec. 2012. Multifamily lease and repair assistance.
Sec. 2013. Federal disaster assistance nonprofit fairness.
Sec. 2014. Management costs.
Sec. 2015. Flexibility.
Sec. 2016. Additional disaster assistance.
Sec. 2017. National veterinary emergency teams.
Sec. 2018. Dispute resolution pilot program.
Sec. 2019. Emergency relief.
Sec. 2020. Unified Federal environmental and historic preservation
review.
Sec. 2021. Closeout incentives.
Sec. 2022. Performance of services.
Sec. 2023. Study to streamline and consolidate information collection.
Sec. 2024. Agency accountability.
Sec. 2025. Audit of contracts.
Sec. 2026. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 2027. Relief organizations.
Sec. 2028. Guidance on inundated and submerged roads.
Sec. 2029. Authorities.
Sec. 2030. Recoupment of certain assistance prohibited.
Sec. 2031. Statute of limitations.
Sec. 2032. Technical assistance and recommendations.
Sec. 2033. Guidance on hazard mitigation assistance.
Sec. 2034. Local impact.
Sec. 2035. Additional hazard mitigation activities.
Sec. 2036. National public infrastructure predisaster hazard
mitigation.
Sec. 2037. Additional mitigation activities.
Sec. 2038. Federal cost-share adjustments for repair, restoration, and
replacement of damaged facilities.
SEC. 2001. APPLICABILITY.
Except as otherwise expressly provided, the amendments in
this division to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) apply to
each major disaster and emergency declared by the President
on or after August 1, 2017, under such Act.
SEC. 2002. STATE DEFINED.
In this division, the term ``State'' has the meaning given
that term in section 102(4) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(4)).
SEC. 2003. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard
mitigation assistance in accordance with section 404 in any
area affected by a fire for which assistance was provided
under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
section 37(a) of this Act)--
(A) by inserting before the first period ``, or any area
affected by a fire for which assistance was provided under
section 420''; and
(B) in the third sentence by inserting ``or event under
section 420'' after ``major disaster'' each place it appears;
and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) Reporting Requirement.--Not later than 1 year after the
date of enactment of this Act and annually thereafter, the
Administrator of the Federal Emergency Management Agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Appropriations Committees of the
Senate and the House of Representatives a report containing a
summary of any projects carried out, and any funding provided
to those projects, under subsection (d) of section 420 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5187) (as amended by this section).
SEC. 2004. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) is amended by
adding at the end the following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may
use the assistance to conduct activities to help reduce the
risk of future damage, hardship, loss, or suffering in any
area affected by a wildfire or windstorm, including--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels; and
``(12) windstorm damage, including replacing or installing
electrical transmission or distribution utility pole
structures with poles that are resilient to extreme wind and
combined ice and wind loadings for the basic wind speeds and
ice conditions associated with the relevant location.''.
SEC. 2005. ELIGIBILITY FOR CODE IMPLEMENTATION AND
ENFORCEMENT.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to facilitate
the implementation and enforcement of adopted building codes
for a
[[Page H10376]]
period of not more than 180 days after the major disaster is
declared.''.
SEC. 2006. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)) is amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Participation.--Section 428(d) of such Act (42 U.S.C.
5189f) is amended--
(1) by inserting ``(1) In general.--'' before
``Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the
election by a State, Tribal, or local government, or owner or
operator of a private nonprofit facility to participate in
the alternative procedures adopted under this section.''.
(c) Certification.--Section 428(e)(1) of such Act (42
U.S.C. 5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed engineer
and accepted by the Administrator, the estimates on which
grants made pursuant to this section are based shall be
presumed to be reasonable and eligible costs, as long as
there is no evidence of fraud.''.
SEC. 2007. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall provide guidance and training on an annual basis
to State, Tribal, and local governments, first responders,
and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that
such health care facilities remain functioning or return to
functioning as soon as practicable during power outages
caused by natural hazards, including severe weather events;
and
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during
a major disaster or emergency.
SEC. 2008. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Tribal
governments regarding the identification of evacuation
routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall revise existing
guidance or issue new guidance as appropriate for State,
local, and Tribal governments regarding the design,
construction, maintenance, and repair of evacuation routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) whether evacuation routes have resisted impacts and
recovered quickly from disasters, regardless of cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental disability;
(ii) individuals in schools, daycare centers, mobile home
parks, prisons, nursing homes and other long-term care
facilities, and detention centers;
(iii) individuals with limited-English proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal workers, or
homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under (a)(2), the Administrator
of the Federal Highway Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability, including
flammability and hydrostatic forces;
(ii) improve durability, strength (including the ability to
withstand tensile stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively manage
contraflow operations;
(C) for evacuation routes on public lands, the viewpoints
of the applicable Federal land management agency regarding
emergency operations, sustainability, and resource
protection; and
(D) such other items the Administrator considers
appropriate.
SEC. 2009. DUPLICATION OF BENEFITS.
(a) In General.--Section 312(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155(b)) is amended by adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the general
prohibition provided in subsection (a) upon request of a
Governor on behalf of the State or on behalf of a person,
business concern, or any other entity suffering losses as a
result of a major disaster or emergency, if the President
finds such waiver is in the public interest and will not
result in waste, fraud, or abuse. In making this decision,
the President may consider the following:
``(i) The recommendations of the Administrator of the
Federal Emergency Management Agency made in consultation with
the Federal agency or agencies administering the duplicative
program.
``(ii) If a waiver is granted, the assistance to be funded
is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy considered
appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later than 45
days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in carrying out
subparagraph (A), the President may not determine that a loan
is a duplication of assistance, provided that all Federal
assistance is used toward a loss suffered as a result of the
major disaster or emergency.''.
(b) Funding of a Federally Authorized Water Resources
Development Project.--
(1) Eligible activities.--Notwithstanding section 312 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155) and its implementing
regulations, assistance provided pursuant to section 404 of
such Act may be used to fund activities authorized for
construction within the scope of a federally authorized water
resources development project of the Army Corps of Engineers
if such activities are also eligible activities under such
section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this section shall be applied toward
the Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this section shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section
404 pursuant to this section may not exceed the total Federal
share for such project.
(5) No effect.--Nothing in this section shall--
(A) affect the cost-share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard mitigation
measure under section 404;
(C) affect the cost share requirements of a federally
authorized water resources development project; and
(D) affect the responsibilities of a non-Federal interest
with respect to the project, including those related to the
provision of lands, easements, rights-of-way, dredge material
disposal areas, and necessary relocations.
(c) Applicability.--This section shall apply to each
disaster and emergency declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) after January 1, 2016.
SEC. 2010. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT
TEMPORARY HOUSING AND PERMANENT HOUSING
CONSTRUCTION.
Section 408(f) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1), by striking the paragraph heading and
inserting ``State- or tribal-administered assistance and
other needs assistance.--'';
(2) in paragraph (1)(A)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the President and
the State or Tribal government comply, as determined by the
Administrator, with paragraph (3)'';
(3) in paragraph (1)(B)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(4) by adding at the end the following:
``(3) In general.--
``(A) Application.--A State or Tribal government desiring
to provide assistance under subsection (c)(1)(B), (c)(4), or
(e) shall submit to the President an application for a grant
to provide financial assistance under the program.
``(B) Criteria.--The President, in consultation and
coordination with State, Tribal, and local governments, shall
establish criteria for the approval of applications submitted
under subparagraph (A). The criteria shall include, at a
minimum--
``(i) the demonstrated ability of the State or Tribal
government to manage the program under this section;
``(ii) there being in effect a plan approved by the
President as to how the State or Tribal government will
comply with applicable Federal laws and regulations and how
the State or Tribal government will provide assistance under
its plan;
``(iii) a requirement that the State, Tribal, or local
government comply with rules and regulations established
pursuant to subsection (j); and
[[Page H10377]]
``(iv) a requirement that the President, or the designee of
the President, comply with subsection (i).
``(C) Quality assurance.--Before approving an application
submitted under this section, the President, or the designee
of the President, shall institute adequate policies,
procedures, and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this program and for
programs under subsections (c)(1)(B), (c)(4), and (e). The
President shall monitor and conduct quality assurance
activities on a State or Tribal government's implementation
of programs under subsections (c)(1)(B), (c)(4), and (e). If,
after approving an application of a State or Tribal
government submitted under this section, the President
determines that the State or Tribal government is not
administering the program established by this section in a
manner satisfactory to the President, the President shall
withdraw the approval.
``(D) Audits.--The Office of the inspector general shall
provide for periodic audits of the programs administered by
States and Tribal governments under this subsection.
``(E) Applicable laws.--All Federal laws applicable to the
management, administration, or contracting of the programs by
the Federal Emergency Management Agency under this section
shall be applicable to the management, administration, or
contracting by a non-Federal entity under this section.
``(F) Report.--Not later than 18 months after the date of
enactment of this paragraph, the inspector general of the
Department of Homeland Security shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the State
or Tribal government's role to provide assistance under this
section. The report shall contain an assessment of the
effectiveness of the State or Tribal government's role to
provide assistance under this section, including--
``(i) whether the State or Tribal government's role helped
to improve the general speed of disaster recovery;
``(ii) whether the State or Tribal government providing
assistance under this section had the capacity to administer
this section; and
``(iii) recommendations for changes to improve the program
if the State or Tribal government's role to administer the
programs should be continued.
``(G) Prohibition.--The President may not condition the
provision of Federal assistance under this Act by a State or
Tribal government requesting a grant under this section.
``(H) Miscellaneous.--
``(i) Notice and comment.--The Administrator may waive
notice and comment rulemaking, if the Administrator
determines doing so is necessary to expeditiously implement
this section, and may carry out this section as a pilot
program until such regulations are promulgated.
``(ii) Final rule.--Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall issue
final regulations to implement this subsection as amended by
the Disaster Recovery Reform Act.
``(iii) Waiver and expiration.--The authority under clause
(i) and any pilot program implemented pursuant to such clause
shall expire 2 years after the date of enactment of this
paragraph or upon issuance of final regulations pursuant to
clause (ii), whichever occurs sooner.''.
SEC. 2011. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)'';
and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) The maximum amount of assistance established under
paragraph (1) shall exclude expenses to repair or replace
damaged accessibility-related improvements under paragraphs
(2), (3), and (4) of subsection (c) for individuals with
disabilities.
``(B) The maximum amount of assistance established under
paragraph (2) shall exclude expenses to repair or replace
accessibility-related personal property under subsection
(e)(2) for individuals with disabilities.''.
SEC. 2012. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary
Housing.--Section 408(c)(1)(B)(ii)(II) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to read as follows:
``(II) Improvements or repairs.--Under the terms of any
lease agreement for property entered into under this
subsection, the value of the improvements or repairs shall be
deducted from the value of the lease agreement.''.
(b) Rental Properties Impacted.--Section
408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease agreements with owners of
multifamily rental property impacted by a major disaster or
located in areas covered by a major disaster declaration to
house individuals and households eligible for assistance
under this section; and''.
(c) Inspector General Report.--Not later than 2 years after
the date of the enactment of this Act, the inspector general
of the Department of Homeland Security shall assess the use
of the authority provided under section 408(c)(1)(B) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174(c)(1)(B)), including the adequacy of any
benefit-cost analysis done to justify the use of this
alternative, and submit a report on the results of that
review to the appropriate committees of Congress.
SEC. 2013. FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS.
(a) Definition of Private Nonprofit Facility.--Section
102(11)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended
to read as follows:
``(B) Additional facilities.--In addition to the facilities
described in subparagraph (A), the term `private nonprofit
facility' includes any private nonprofit facility that
provides essential services of a governmental nature to the
general public (including museums, zoos, performing arts
facilities, community arts centers, community centers, houses
of worship exempt from taxation under section 501(c) of the
Internal Revenue Code of 1986, libraries, homeless shelters,
senior citizen centers, rehabilitation facilities, shelter
workshops, food banks, broadcasting facilities, and
facilities that provide health and safety services of a
governmental nature), as defined by the President.''.
(b) Repair, Restoration, and Replacement of Damaged
Facilities.--Section 406(a)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(a)(3)) is amended by adding at the end the following:
``(C) Houses of worship.--
``(i) In general.--A church, synagogue, mosque, temple, or
other house of worship, and a private nonprofit facility
operated by a religious organization, shall be eligible for
contributions under paragraph (1)(B) (subject to paragraph
(3)(A)), without regard to the religious character of the
facility or the primary religious use of the facility.
``(ii) Limitations.--Notwithstanding clause (i), in spaces
dedicated to or primarily used for religious purposes,
contributions under paragraph (1)(B) shall only be used to
cover costs of purchasing or replacing, without limitation,
the building structure, building enclosure components,
building envelope, vertical and horizontal circulation,
physical plant support spaces, electrical, plumbing, and
mechanical systems (including heating, ventilation, air-
conditioning, and fire and life safety systems), and related
site improvements.''.
(c) Applicability.--This section and the amendments made by
this section shall apply to the provision of assistance in
response to a major disaster or emergency declared on or
after October 28, 2012.
SEC. 2014. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to''
and inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) by striking ``establish'' and inserting the following:
``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section 404 may
be reimbursed not more than 15 percent of the total amount of
the grant award under such section of which not more than 10
percent may be used by the grantee and 5 percent by the
subgrantee for such costs.
``(B) Public assistance.--A grantee under sections 403,
406, 407, and 502 may be reimbursed not more than 12 percent
of the total award amount under such sections, of which not
more than 7 percent may be used by the grantee and 5 percent
by the subgrantee for such costs.''.
SEC. 2015. FLEXIBILITY.
(a) Definition.--In this section, the term ``covered
assistance'' means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
[[Page H10378]]
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of
title 31, United States Code, the Administrator of the
Federal Emergency Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on an
error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against equity and
good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an
interest in the claim.
(c) Monitoring of Covered Assistance Distributed Based on
Error.--
(1) In general.--The inspector general of the Department of
Homeland Security shall monitor the distribution of covered
assistance to individuals and households to determine the
percentage of such assistance distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the inspector general determines, with respect to
any 12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the inspector general shall notify the Administrator
and publish the determination in the Federal Register; and
(B) with respect to any major disaster or emergency
declared by the President under section 401 or section 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191)
after the date on which the determination is published under
subparagraph (A), the authority of the Administrator to waive
debt under subsection (b) shall no longer be effective.
SEC. 2016. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149) is
amended by adding at the end the following:
``(e) Disaster Mitigation.--In providing assistance
pursuant to subsection (c)(2), if appropriate and as
applicable, the Secretary may encourage hazard mitigation in
assistance provided pursuant to such subsection.''.
(b) Emergency Management Assistance Compact Grants.--
Section 661(d) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 761(d)) is amended by striking
``for fiscal year 2008'' and inserting ``for each of fiscal
years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--
Section 662(f) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762(f)) is amended by striking
``the program'' and all that follows through ``2012'' and
inserting ``the program, for each of fiscal years 2018
through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b(a)(3)) is amended by striking the second
subparagraph (J).
SEC. 2017. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national
veterinary emergency teams at accredited colleges of
veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team
shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service
animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to emergencies as described in paragraph (1);
(3) assist State, Tribal, and local governments and
nonprofit organizations in developing emergency management
and evacuation plans that account for the care and rescue of
animals and in improving local readiness for providing
veterinary medical response during a disaster; and
(4) coordinate with the Department of Homeland Security,
the Department of Health and Human Services, the Department
of Agriculture, State, Tribal, and local governments
(including departments of animal and human health),
veterinary and health care professionals, and volunteers.
SEC. 2018. DISPUTE RESOLUTION PILOT PROGRAM.
Section 1105(c) of the Sandy Recovery Improvement Act of
2013 (42 U.S.C. 5189a note) is amended by striking ``2015''
and inserting ``2022''.
SEC. 2019. EMERGENCY RELIEF.
Notwithstanding any other provision of law, for each of
fiscal years 2018 and 2019, obligations for projects
undertaken to respond to damages caused by Hurricanes Irma
and Maria shall be excluded from any calculation of total
obligations for purposes of section 125(d)(4) of title 23,
United States Code.
SEC. 2020. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC
PRESERVATION REVIEW.
(a) Review and Analysis.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall review the Unified
Federal Environmental and Historic Preservation review
process established pursuant to section 429 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that includes the
following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under
Federal law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and
analyses under subsection (a), but not later than 2 years
after the date of enactment of this Act, and after providing
notice and opportunity for public comment, the Administrator
shall issue regulations to implement any regulatory
recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the
categorical exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal
Regulations, and section II of DHS Instruction Manual 023-01-
001-01.
SEC. 2021. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5205) is amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent
with applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations
to implement this section.
SEC. 2022. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5149) is amended by
adding at the end the following:
``(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after
serving continuously for 3 years, to positions in the Agency
in the same manner that competitive service employees with
competitive status are considered for transfer, reassignment,
or promotion to such positions. An individual appointed under
this subsection shall become a career-conditional employee,
unless the employee has already completed the service
requirements for career tenure.''.
SEC. 2023. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
COLLECTION.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of
information from disaster assistance applicants and grantees
will be modified, streamlined, expedited, efficient,
flexible, consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular
collection and reporting of information on Federal disaster
assistance awarded, including the establishment and
maintenance of a website for presenting the information to
the public; and
(3) submit the plans to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate.
SEC. 2024. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act is amended by adding at the end the
following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an
award of a public assistance grant is made under section 406
that is in excess of $1,000,000, the Administrator shall
publish on the Agency's website the specifics of each such
grant award, including--
[[Page H10379]]
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any
mission assignment or mission assignment task order to
another Federal department or agency regarding a major
disaster in excess of $1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if applicable;
``(I) the authority under which the mission assignment or
mission assignment task order was directed; and
``(J) if applicable, the date a State or Tribe requested
the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10
days after the first day of each month, the Administrator
shall publish on the Agency's website reports, including a
specific description of the methodology and the source data
used in developing such reports, including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
``(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
``(C) the amount of obligations for noncatastrophic events
for the budget year;
``(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
``(E) the total amount that has been previously obligated
or will be required for catastrophic events delineated by
event and by State for all prior years, the current fiscal
year, the budget year, and each fiscal year thereafter;
``(F) the amount of previously obligated funds that will be
recovered for the budget year;
``(G) the amount that will be required for obligations for
emergencies, as described in section 102(1), major disasters,
as described in section 102(2), fire management assistance
grants, as described in section 420, surge activities, and
disaster readiness and support activities; and
``(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the
fifth day of each month:
``(A) A summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made.
``(B) A table of disaster relief activity delineated by
month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include amounts obligated
for fire assistance, emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic events delineated
by event and by State; and
``(iv) the amount of previously obligated funds that are
recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by event.
``(D) The cost of the following categories of spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category (including emergency
measures and disaster resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount and scope of the contract;
``(D) if the contract was awarded through competitive
bidding process;
``(E) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive bidding
process.
The information shall be delineated by disaster, if
applicable, and specify the damage category code, if
applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without competitive
bidding.
``(B) The reasons why a competitive bidding process was not
used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 2025. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the
Administrator of the Federal Emergency Management Agency
shall not reimburse a State, Tribe, or local government or
the owner or operator of a private nonprofit facility for any
activities made pursuant to a contract entered into after
August 1, 2017, that prohibits the Administrator or the
Comptroller General of the United States from auditing or
otherwise reviewing all aspects relating to the contract.
SEC. 2026. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR
TARPS AND PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the inspector general of the
Department of Homeland Security shall initiate an audit of
the contracts awarded by the Federal Emergency Management
Agency (in this section referred to as ``FEMA'') for tarps
and plastic sheeting for the Commonwealth of Puerto Rico and
the United States Virgin Islands in response to Hurricane
Irma and Hurricane Maria.
(b) Considerations.--In carrying out the audit under
subsection (a), the inspector general shall review--
(1) the contracting process used by FEMA to evaluate
offerors and award the relevant contracts to contractors;
(2) FEMA's assessment of the past performance of the
contractors, including any historical information showing
that the contractors had supported large-scale delivery
quantities in the past;
(3) FEMA's assessment of the capacity of the contractors to
carry out the relevant contracts, including with respect to
inventory, production, and financial capabilities;
(4) how FEMA ensured that the contractors met the terms of
the relevant contracts; and
(5) whether the failure of the contractors to meet the
terms of the relevant contracts and FEMA's subsequent
cancellation of the relevant contracts affected the provision
of tarps and plastic sheeting to the Commonwealth of Puerto
Rico and the United States Virgin Islands.
(c) Report.--Not later than 270 days after the date of
initiation of the audit under subsection (a), the inspector
general shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 2027. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 2028. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management
Agency, in coordination with the Administrator of the Federal
Highway Administration, shall develop and issue guidance for
State, local, and Tribal governments regarding repair,
restoration, and replacement of inundated and submerged roads
damaged or destroyed by a major disaster, and for associated
expenses incurred by the Government, with respect to roads
eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172).
SEC. 2029. AUTHORITIES.
Notwithstanding any other provision of law, the non-
federally funded actions of private parties and State, local,
or Tribal governments, on State, local, Tribal, and private
land, and the effects of those actions, shall not be
attributed to the Federal Emergency Management Agency's
actions under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood
Insurance Reform Act of 2012 (subtitle A of title II of
division F of Public Law 112-141; 126 Stat. 916), and the
Homeowner Flood Insurance Affordability Act of 2014 (Public
Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16
U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered
Species Act. Actions taken under the
[[Page H10380]]
National Flood Insurance Act of 1968, the Flood Disaster
Protection Act of 1973, the Biggert-Waters Flood Insurance
Reform Act of 2012, and the Homeowner Flood Insurance
Affordability Act of 2014, that may influence private actions
do not create a Federal nexus for the purpose of applying the
requirements of section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
SEC. 2030. RECOUPMENT OF CERTAIN ASSISTANCE PROHIBITED.
(a) In General.--Notwithstanding section 3716(e) of title
31, United States Code, and unless there is evidence of civil
or criminal fraud, the Federal Emergency Management Agency
may not take any action to recoup covered assistance from the
recipient of such assistance if the receipt of such
assistance occurred on a date that is more than 3 years
before the date on which the Federal Emergency Management
Agency first provides to the recipient written notification
of an intent to recoup.
(b) Covered Assistance Defined.--In this section, the term
``covered assistance'' means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of such Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after January 1, 2012.
SEC. 2031. STATUTE OF LIMITATIONS.
(a) In General.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205)
is amended--
(1) in subsection (a)(1)--
(A) by striking ``Except'' and inserting ``Notwithstanding
section 3716(e) of title 31, United States Code, and
except''; and
(B) by striking ``report for the disaster or emergency''
and inserting ``report for project completion as certified by
the grantee''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``report for the disaster
or emergency'' and inserting ``report for project completion
as certified by the grantee''; and
(B) in paragraph (3) by inserting ``for project completion
as certified by the grantee'' after ``final expenditure
report''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or
after January 1, 2004--
(A) no administrative action may be taken to recover a
payment of such assistance after the date of enactment of
this Act if the action is prohibited under section 705(a)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5205(a)(1)), as amended by
subsection (a); and
(B) any administrative action to recover a payment of such
assistance that is pending on such date of enactment shall be
terminated if the action is prohibited under section
705(a)(1) of that Act, as amended by subsection (a).
(2) Limitation.--This section, including the amendments
made by this section, may not be construed to invalidate or
otherwise affect any administration action completed before
the date of enactment of this Act.
SEC. 2032. TECHNICAL ASSISTANCE AND RECOMMENDATIONS.
(a) Technical Assistance.--The Administrator of the Federal
Emergency Management Agency shall provide technical
assistance to a common interest community that provides
essential services of a governmental nature on actions that a
common interest community may take in order to be eligible to
receive reimbursement from a grantee that receives funds from
the Agency for certain activities performed after an event
that results in a disaster declaration.
(b) Recommendations.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall provide to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a legislative
proposal on how to provide eligibility for disaster
assistance with respect to common areas of condominiums and
housing cooperatives.
SEC. 2033. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall issue guidance regarding
the acquisition of property for open space as a mitigation
measure under section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) that
includes--
(1) a process by which the State hazard mitigation officer
appointed for such an acquisition shall, not later than 60
days after the applicant for assistance enters into an
agreement with the Administrator regarding the acquisition,
provide written notification to each affected unit of local
government for such acquisition that includes--
(A) the location of the acquisition;
(B) the State-local assistance agreement for the hazard
mitigation grant program;
(C) a description of the acquisition; and
(D) a copy of the deed restriction; and
(2) recommendations for entering into and implementing a
memorandum of understanding between units of local government
and covered entities that includes provisions to allow an
affected unit of local government notified under paragraph
(1) to--
(A) use and maintain the open space created by such a
project, consistent with section 404 (including related
regulations, standards, and guidance) and consistent with all
adjoining property, subject to the notification of the
adjoining property, so long as the cost of the maintenance is
borne by the local government; and
(B) maintain the open space pursuant to standards exceeding
any local government standards defined in the agreement with
the Administrator described under paragraph (1).
(b) Definitions.--In this section the following definitions
apply:
(1) Affected unit of local government.--The term ``affected
unit of local government'' means any entity covered by the
definition of local government in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), that has jurisdiction over the property subject
to the acquisition described in subsection (a).
(2) Covered entity.--The term ``covered entity'' means--
(A) the grantee or subgrantee receiving assistance for an
open space project described in subsection (a);
(B) the State in which such project is located; and
(C) the applicable Regional Administrator of the Federal
Emergency Management Agency.
SEC. 2034. LOCAL IMPACT.
In making recommendations to the President regarding a
major disaster declaration, the Administrator of the Federal
Emergency Management Agency shall give greater weight and
consideration to severe local impact or recent multiple
disasters. Further, the Administrator shall make
corresponding adjustments to the Agency's policies and
regulations regarding such consideration. Not later than 1
year after the date of enactment of this section, the
Administrator shall report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate on the changes made to regulations and policies
and the number of declarations that have been declared based
on the new criteria.
SEC. 2035. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) is further amended
by adding at the end the following:
``(g) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may
use the assistance to conduct activities to help reduce the
risk of future damage, hardship, loss, or suffering in any
area affected by earthquake hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 2036. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement activities to
implement the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purpose of
protecting the health, safety, and general welfare of the
buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after ``competitive
basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
``(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on a
competitive basis pursuant to paragraph (1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ``and'' at the end;
(B) by redesignating paragraph (10) as paragraph (12); and
(C) by adding after paragraph (9) the following:
``(10) the extent to which the State or local government
has facilitated the adoption and enforcement of the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the
[[Page H10381]]
latest hazard-resistant designs and establish criteria for
the design, construction, and maintenance of residential
structures and facilities that may be eligible for assistance
under this Act for the purpose of protecting the health,
safety, and general welfare of the buildings' users against
disasters;
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 403, 406, 407,
408, 410, and 416 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act,
the estimated aggregate amount of grants for purposes of
paragraph (1) shall be determined by the President and such
estimated amount need not be reduced, increased, or changed
due to variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407,
408, 410, and 416 under this Act.''; and
(6) by striking subsections (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and
(l), respectively.
(b) Applicability.--The amendments made to section 203 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of
subsection (a) shall apply to funds appropriated after the
date of enactment of this Act.
SEC. 2037. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c(a)) is amended by striking the first
sentence and inserting the following: ``The President may
contribute up to 75 percent of the cost of hazard mitigation
measures which the President has determined are cost
effective and which substantially reduce the risk of, or
increase resilience to, future damage, hardship, loss, or
suffering in any area affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42
U.S.C. 5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or
after August 1, 2017, or a disaster in which a cost estimate
has not yet been finalized for a project,'';
(2) in clause (i), by striking ``and'';
(3) in clause (ii)--
(A) by striking ``codes, specifications, and standards''
and inserting ``the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purposes of
protecting the health, safety, and general welfare of a
facility's users against disasters'';
(B) by striking ``applicable at the time at which the
disaster occurred''; and
(C) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the facility to meet the
definition of resilient developed pursuant to this
subsection.''.
(c) Other Eligible Cost.--Section 406(e)(1) of such Act (42
U.S.C. 5172(e)(1)) is further amended by inserting at the end
the following:
``(C) Contributions.--Contributions for the eligible cost
made under this section may be provided on an actual cost
basis or on cost-estimation procedures.''.
(d) New Rules.--Section 406(e) of such Act (42 U.S.C.
5172(e)) is further amended by adding at the end the
following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after the date
of enactment of this paragraph, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue a final rulemaking that defines the terms
`resilient' and `resiliency' for purposes of this subsection.
``(B) Interim guidance.--Not later than 60 days after the
date of enactment of this paragraph, the Administrator shall
issue interim guidance to implement this subsection. Such
interim guidance shall expire 18 months after the date of
enactment of this paragraph or upon issuance of final
regulations pursuant to subparagraph (A), whichever occurs
first.
``(C) Guidance.--Not later than 90 days after the date on
which the Administrator issues the final rulemaking under
this paragraph, the Administrator shall issue any necessary
guidance related to the rulemaking.
``(D) Report.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall submit
to Congress a report summarizing the regulations and guidance
issued pursuant to this paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the
Disaster Mitigation Act of 2000 (Public Law 106-390) is
amended by inserting ``(B)'' after ``except that paragraph
(1)''.
SEC. 2038. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR,
RESTORATION, AND REPLACEMENT OF DAMAGED
FACILITIES.
Section 406(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended
by inserting after paragraph (2) the following:
``(3) Increased federal share.--
``(A) Incentive measures.--The President may provide
incentives to a State or Tribal government to invest in
measures that increase readiness for, and resilience from, a
major disaster by recognizing such investments through a
sliding scale that increases the minimum Federal share to 85
percent. Such measures may include--
``(i) the adoption of a mitigation plan approved under
section 322;
``(ii) investments in disaster relief, insurance, and
emergency management programs;
``(iii) encouraging the adoption and enforcement of the
latest published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish minimum acceptable
criteria for the design, construction, and maintenance of
residential structures and facilities that may be eligible
for assistance under this Act for the purpose of protecting
the health, safety, and general welfare of the buildings'
users against disasters;
``(iv) facilitating participation in the community rating
system; and
``(v) funding mitigation projects or granting tax
incentives for projects that reduce risk.
``(B) Comprehensive guidance.--Not later than 1 year after
the date of enactment of this paragraph, the President,
acting through the Administrator, shall issue comprehensive
guidance to State and Tribal governments regarding the
measures and investments, weighted appropriately based on
actuarial assessments of eligible actions, that will be
recognized for the purpose of increasing the Federal share
under this section. Guidance shall ensure that the agency's
review of eligible measures and investments does not unduly
delay determining the appropriate Federal cost share.
``(C) Report.--One year after the issuance of the guidance
required by subparagraph (B), the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
regarding the analysis of the Federal cost shares paid under
this section.
``(D) Savings clause.--Nothing in this paragraph prevents
the President from increasing the Federal cost share above 85
percent.''.
DIVISION C--OTHER MATTERS
SEC. 3001. TREATMENT OF SEED COTTON.
(a) Definition.--Section 1111 of the Agricultural Act of
2014 (7 U.S.C. 9011) is amended by adding at the end the
following new paragraph:
``(25) Seed cotton.--The term `seed cotton' means unginned
upland cotton that includes both lint and seed.''.
(b) Designation as Covered Commodity.--Section 1111(6) of
the Agricultural Act of 2014 (7 U.S.C. 9011(6)) is amended by
adding at the end the following new sentence: ``Effective
beginning with the 2018 crop year, the term includes seed
cotton.''.
(c) Reference Price.--Section 1111(18) of the Agricultural
Act of 2014 (7 U.S.C. 9011(18)) is amended by adding at the
end the following new subparagraph:
``(O) For seed cotton, $0.367 per pound.''.
(d) Payment Yield.--Section 1113(d) of the Agricultural Act
of 2014 (7 U.S.C. 9013(d)) is amended by adding at the end
the following new paragraph:
``(5) Payment yield for seed cotton.--
``(A) Payment yield.--Subject to subparagraph (B), the
payment yield for seed cotton for a farm shall be equal to
2.4 times the payment yield for upland cotton for the farm
established for purposes of subsection (e)(3) of section 1104
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 1672), as in effect immediately before the
repeal of such section by section 1102(a) of the Agricultural
Act of 2014 (Public Law 113-79; 128 Stat. 658).
``(B) Update.--At the sole discretion of the owner of a
farm with a yield described in subparagraph (A), the owner of
the farm shall have a 1-time opportunity to update the
payment yield for upland cotton for the farm, as provided in
subsection (d), for the purpose of calculating the payment
yield for seed cotton under such subparagraph.''.
(e) Payment Acres.--Section 1114(b) of the Agricultural Act
of 2014 (7 U.S.C. 9014(b)) is amended by adding at the end
the following new paragraph:
``(4) Seed cotton rule.--
``(A) In general.--Not later than 90 days after the date of
the enactment of this paragraph, the Secretary shall require
the owner of a farm to allocate all generic base acres on the
farm under subparagraph (B) or (C), or both.
``(B) No recent history of covered commodities.--In the
case of a farm where no covered commodities (including seed
cotton) were planted or were prevented from being planted at
any time during the 2009 through 2016 crop years, the owner
of such farm shall allocate generic base acres on the farm to
unassigned crop base for which no payments may be made under
section 1116 or 1117.
[[Page H10382]]
``(C) Recent history of covered commodities.--In the case
of a farm not described in subparagraph (B), the owner of
such farm shall allocate generic base acres on the farm--
``(i) subject to subparagraph (D), to seed cotton base
acres in an amount equal to the greater of--
``(I) 80 percent of the generic base acres on the farm; or
``(II) the average seed cotton acres planted or prevented
from being planted on the farm during the 2009 through 2012
crop years (not to exceed the total generic base acres on the
farm); or
``(ii) to covered commodities (including seed cotton), by
applying subparagraphs (B), (D), (E), and (F) of section
1112(a)(3).
``(D) Treatment of residual generic base acres.--In the
case of a farm where generic base acres are allocated under
subparagraph (C)(i), the residual generic base acres shall be
allocated to unassigned crop base for which no payments may
be made under section 1116 or 1117.
``(E) Effect of failure to allocate.--If the owner of a
farm fails to allocate generic base acres on the farm, the
owner of the farm shall be deemed to have allocated all
generic base acres in accordance with subparagraph (C)(i).''.
(f) Recordkeeping Regarding Unassigned Crop Base.--Section
1114 of the Agricultural Act of 2014 (7 U.S.C. 9014) is
amended by adding at the end the following new subsection:
``(f) Unassigned Crop Base.--The Secretary shall maintain
information on generic base acres on a farm allocated as
unassigned crop base pursuant to subsection (b)(4).''.
(g) Special Election Period for Price Loss Coverage or
Agriculture Risk Coverage.--Section 1115 of the Agricultural
Act of 2014 (7 U.S.C. 9014(b)) is amended--
(1) in subsection (a), by striking ``For'' and inserting
``Except as provided in subsection (g), for''; and
(2) by adding at the end the following new subsection:
``(g) Special Election.--
``(1) Election required.--In the case of acres allocated on
a farm to seed cotton, all of the producers on the farm shall
be given the opportunity to make a new 1-time election under
subsection (a) to reflect the designation of seed cotton as a
covered commodity for that crop year under section 1111(6).
``(2) Effect of failure to make unanimous election.--If all
of the producers on a farm fail to make a unanimous election
under paragraph (1), the producers on the farm shall be
deemed to have elected price loss coverage under section 1116
for all acres allocated on the farm to seed cotton.''.
(h) Effective Price.--Section 1116 of the Agricultural Act
of 2014 (7 U.S.C. 9016(b)) is amended by adding at the end
the following new subsection:
``(h) Effective Price for Seed Cotton.--
``(1) In general.--The effective price for seed cotton
under subsection (b) shall be equal to the marketing year
average price for seed cotton, as calculated under paragraph
(2).
``(2) Calculation.--The marketing year average price for
seed cotton for a crop year shall be equal to the quotient
of--
``(A) a dividend that is equal to the sum of--
``(i) the product obtained when the upland cotton lint
marketing year average price is multiplied by total United
States upland cotton lint production measured in pounds; and
``(ii) the product obtained when the cottonseed marketing
year average price is multiplied by total United States
cottonseed production measured in pounds; and
``(B) a divisor that is equal to the sum of--
``(i) total United States upland cotton lint production
measured in pounds; and
``(ii) total United States cottonseed production measured
in pounds.''.
(i) Deemed Loan Rate for Seed Cotton.--Section 1202 of the
Agricultural Act of 2014 (7 U.S.C. 9032) is amended by adding
at the end the following new subsection:
``(c) Rule for Seed Cotton.--
``(1) In general.--For purposes of section 1116(b)(2) and
paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of section 1117(b)
only, seed cotton shall be deemed to have a loan rate equal
to $0.25 per pound.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize nonrecourse marketing
assistance loans under this part for seed cotton.''.
(j) Limitation on Stacked Income Protection Plan for
Producers of Upland Cotton.--Section 508B of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1508b) is amended by adding
the following new subsection:
``(f) Limitation.--Beginning with the 2018 crop year, in
the case of a farm that is enrolled for a crop year in price
loss coverage under section 1116 of the Agricultural Act of
2014 (7 U.S.C. 9016) or agriculture risk coverage under
section 1117 of such Act (7 U.S.C. 9017) and the coverage on
the farm includes seed cotton, the farm shall not be eligible
for a Stacked Income Protection Plan for upland cotton for
that crop year.''.
(k) Technical Correction.--Section 1114(b)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9014(b)(2)) is amended by
striking ``paragraphs (1)(B) and (2)(B)'' and inserting
``paragraphs (1) and (2)''.
(l) Administration.--The Secretary of Agriculture shall
carry out the amendments made by this section in the manner
provided under section 1601 of the Agricultural Act of 2014
(7 U.S.C. 9091).
(m) Application.--The amendments made by this section shall
apply beginning with the 2018 crop year.
SEC. 3002. LIMITATION ON CROP INSURANCE LIVESTOCK-RELATED
EXPENDITURES.
(a) In General.--Paragraph (10) of section 523(b) of the
Federal Crop Insurance Act (7 U.S.C. 1523) is repealed.
(b) Conforming Amendments.--Section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516) is amended in subsections
(a)(2)(C) and (b)(1)(D) by striking ``subsections
(a)(3)(E)(ii) and (b)(10) of section 523'' and inserting
``subsection (a)(3)(E)(ii) of such section''.
SEC. 3003. NATIONAL ACCURACY CLEARINGHOUSE.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
is amended at the end by adding the following:
``SEC. 30. NATIONAL ACCURACY CLEARINGHOUSE.
``(a) In General.--The Secretary shall establish an
interstate database, or system of databases, of supplemental
nutrition assistance program information to be known as the
National Accuracy Clearinghouse.
``(b) Purpose.--Any database or system of databases
established pursuant to subsection (a) shall be used by
States when making eligibility determinations to prevent
supplemental nutrition assistance program participants from
receiving duplicative benefits in multiple States.
``(c) Implementation.--
``(1) Issuance of interim final regulations.--Not later
than 18 months after the effective date of this section, the
Secretary shall issue interim final regulations to carry out
this section that--
``(A) incorporate best practices and lessons learned from
the regional pilot project referenced in section 4032(c) of
the Agricultural Act of 2014 (7 U.S.C. 2036c(c));
``(B) safeguard the security of the data stored in the
National Accuracy Clearinghouse and protect the privacy of
supplemental nutrition assistance program participants and
applicants; and
``(C) detail the process States will be required to follow
for--
``(i) conducting initial and ongoing matches of participant
and applicant data;
``(ii) identifying and acting on all apparent instances of
duplicative participation by participants or applicants in
multiple States; and
``(iii) complying with such other rules and standards the
Secretary determines appropriate to carry out this section.
``(2) Timing.--The initial match and corresponding actions
required by paragraph (1)(C) shall occur within 3 years after
the effective date of this section.''.
SEC. 3004. PUERTO RICO LOW-INCOME COMMUNITIES TREATED AS
QUALIFIED OPPORTUNITY ZONE.
(a) In General.--Section 1400Z-1(b) of the Internal Revenue
Code of 1986, as added by the Tax Cuts and Jobs Act, is
amended by adding at the end the following new paragraph:
``(3) Special rule for puerto rico.--Each population census
tract in Puerto Rico that is a low-income community shall be
deemed to be certified and designated as a qualified
opportunity zone.''.
(b) Conforming Amendment.--Section 1400Z-1(d)(1) of such
Code is amended by inserting ``and subsection (b)(3)'' after
``paragraph (2)''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
13823 of the Tax Cuts and Jobs Act, and the deemed
certification and designation under section 1400Z-1(b)(3) of
such Code, as added by this section, shall treated as
effective on the date of the enactment of such Act.
DIVISION D--BUDGETARY EFFECTS
SEC. 4001. BUDGETARY EFFECTS.
(a) In General.--The budgetary effects of division B and
each succeeding division (other than division E) shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of
division B and each succeeding division (other than division
E) shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of division B and each succeeding
division (other than division E) shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION E--TAX RELIEF RELATING TO CERTAIN DISASTERS
TITLE I--CALIFORNIA FIRES
SEC. 5001. DEFINITIONS.
For purposes of this title--
(1) California wildfire disaster zone.--The term
``California wildfire disaster zone'' means that portion of
the California wildfire
[[Page H10383]]
disaster area determined by the President to warrant
individual or individual and public assistance from the
Federal Government under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason of wildfires in
California.
(2) California wildfire disaster area.--The term
``California wildfire disaster area'' means an area with
respect to which during 2017 a major disaster has been
declared by the President under section 401 of such Act by
reason of wildfires in California.
SEC. 5002. SPECIAL DISASTER-RELATED RULES FOR USE OF
RETIREMENT FUNDS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified wildfire
distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified wildfire distributions for
any taxable year shall not exceed the excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as qualified wildfire
distributions received by such individual for all prior
taxable years.
(B) Treatment of plan distributions.--If a distribution to
an individual would (without regard to subparagraph (A)) be a
qualified wildfire distribution, a plan shall not be treated
as violating any requirement of the Internal Revenue Code of
1986 merely because the plan treats such distribution as a
qualified wildfire distribution, unless the aggregate amount
of such distributions from all plans maintained by the
employer (and any member of any controlled group which
includes the employer) to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph (B),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a qualified
wildfire distribution may, at any time during the 3-year
period beginning on the day after the date on which such
distribution was received, make one or more contributions in
an aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which such
individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of
the Internal Revenue Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of the
Internal Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a qualified
wildfire distribution from an eligible retirement plan other
than an individual retirement plan, then the taxpayer shall,
to the extent of the amount of the contribution, be treated
as having received the qualified wildfire distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the amount
to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(C) Treatment of repayments for distributions from iras.--
For purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified wildfire distribution from an
individual retirement plan (as defined by section 7701(a)(37)
of such Code), then, to the extent of the amount of the
contribution, the qualified wildfire distribution shall be
treated as a distribution described in section 408(d)(3) of
such Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified wildfire distribution.--Except as provided in
paragraph (2), the term ``qualified wildfire distribution''
means any distribution from an eligible retirement plan made
on or after October 8, 2017, and before January 1, 2019, to
an individual whose principal place of abode on October 8,
2017, is located in the California wildfire disaster area and
who has sustained an economic loss by reason of the wildfires
to which the declaration of such area relates.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified wildfire
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required to
be included in gross income for such taxable year shall be so
included ratably over the 3-taxable-year period beginning
with such taxable year.
(B) Special rule.--For purposes of subparagraph (A), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified wildfire distributions shall not be treated
as eligible rollover distributions.
(B) Qualified wildfire distributions treated as meeting
plan distribution requirements.--For purposes the Internal
Revenue Code of 1986, a qualified wildfire distribution shall
be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of such Code.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a qualified
distribution may, during the period beginning on October 8,
2017, and ending on June 30, 2018, make one or more
contributions in an aggregate amount not to exceed the amount
of such qualified distribution to an eligible retirement plan
(as defined in section 402(c)(8)(B) of the Internal Revenue
Code of 1986) of which such individual is a beneficiary and
to which a rollover contribution of such distribution could
be made under section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3), of such Code, as the case may be.
(B) Treatment of repayments.--Rules similar to the rules of
subparagraphs (B) and (C) of subsection (a)(3) shall apply
for purposes of this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means any
distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such distribution
relates to financial hardship), 403(b)(11)(B), or
72(t)(2)(F), of the Internal Revenue Code of 1986,
(B) received after March 31, 2017, and before January 15,
2018, and
(C) which was to be used to purchase or construct a
principal residence in the California wildfire disaster area
but which was not so purchased or constructed on account of
the wildfires to which the declaration of such area relates.
(c) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the
Internal Revenue Code of 1986) to a qualified individual made
during the period beginning on the date of the enactment of
this Act and ending on December 31, 2018--
(A) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for ``one-
half of the present value of the nonforfeitable accrued
benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan on or after October 8,
2017, from a qualified employer plan (as defined in section
72(p)(4) of the Internal Revenue Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect
to such loan occurs during the period beginning on October 8,
2017, and ending on December 31, 2018, such due date shall be
delayed for 1 year,
(B) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the
due date under paragraph (1) and any interest accruing during
such delay, and
(C) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such
Code, the period described in subparagraph (A) shall be
disregarded.
(3) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode on October 8, 2017, is located in
the California wildfire disaster area and who has sustained
an economic loss by reason of wildfires to which the
declaration of such area relates.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance
with the terms of the plan during the period described in
paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any provision of this section, or pursuant
to any regulation issued by the Secretary or the Secretary of
Labor under any provision of this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2019, or such later date as
the Secretary may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date that this section or the
regulation described in subparagraph (A)(i) takes effect (or
in the case of a plan or contract amendment not required by
this section or such regulation, the effective date specified
by the plan), and
[[Page H10384]]
(II) ending on the date described in subparagraph (A)(ii)
(or, if earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies retroactively
for such period.
SEC. 5003. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED
BY CALIFORNIA WILDFIRES.
(a) In General.--For purposes of section 38 of the Internal
Revenue Code of 1986, in the case of an eligible employer,
the California wildfire employee retention credit shall be
treated as a credit listed in subsection (b) of such section.
For purposes of this subsection, the California wildfire
employee retention credit for any taxable year is an amount
equal to 40 percent of the qualified wages with respect to
each eligible employee of such employer for such taxable
year. For purposes of the preceding sentence, the amount of
qualified wages which may be taken into account with respect
to any individual shall not exceed $6,000.
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer''
means any employer--
(A) which conducted an active trade or business on October
8, 2017, in the California wildfire disaster zone, and
(B) with respect to whom the trade or business described in
subparagraph (A) is inoperable on any day after October 8,
2017, and before January 1, 2018, as a result of damage
sustained by reason of the wildfires to which such
declaration of such area relates.
(2) Eligible employee.--The term ``eligible employee''
means with respect to an eligible employer an employee whose
principal place of employment on October 8, 2017, with such
eligible employer was in the California wildfire disaster
zone.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with
respect to an eligible employee on any day after October 8,
2017, and before January 1, 2018, which occurs during the
period--
(A) beginning on the date on which the trade or business
described in paragraph (1) first became inoperable at the
principal place of employment of the employee immediately
before the wildfires to which the declaration of the
California wildfire disaster area relates, and
(B) ending on the date on which such trade or business has
resumed significant operations at such principal place of
employment.
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a
different place of employment than such principal place of
employment, or performs services at such principal place of
employment before significant operations have resumed.
(c) Certain Rules To Apply.--For purposes of this section,
rules similar to the rules of sections 51(i)(1), 52, and
280C(a) of the Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An
employee shall not be treated as an eligible employee for
purposes of this section for any period with respect to any
employer if such employer is allowed a credit under section
51 of the Internal Revenue Code of 1986 with respect to such
employee for such period.
SEC. 5004. ADDITIONAL DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Suspension of Limitations on Charitable
Contributions.--
(1) In general.--Except as otherwise provided in paragraph
(2), subsection (b) of section 170 of the Internal Revenue
Code of 1986 shall not apply to qualified contributions and
such contributions shall not be taken into account for
purposes of applying subsections (b) and (d) of such section
to other contributions.
(2) Treatment of excess contributions.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution shall be
allowed only to the extent that the aggregate of such
contributions does not exceed the excess of the taxpayer's
contribution base (as defined in subparagraph (G) of section
170(b)(1) of such Code) over the amount of all other
charitable contributions allowed under section 170(b)(1) of
such Code.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be added to the
excess described in the portion of subparagraph (A) of such
section which precedes clause (i) thereof for purposes of
applying such section.
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution shall be
allowed only to the extent that the aggregate of such
contributions does not exceed the excess of the taxpayer's
taxable income (as determined under paragraph (2) of section
170(b) of such Code) over the amount of all other charitable
contributions allowed under such paragraph.
(ii) Carryover.--Rules similar to the rules of subparagraph
(A)(ii) shall apply for purposes of this subparagraph.
(3) Exception to overall limitation on itemized
deductions.--So much of any deduction allowed under section
170 of the Internal Revenue Code of 1986 as does not exceed
the qualified contributions paid during the taxable year
shall not be treated as an itemized deduction for purposes of
section 68 of such Code.
(4) Qualified contributions.--
(A) In general.--For purposes of this subsection, the term
``qualified contribution'' means any charitable contribution
(as defined in section 170(c) of the Internal Revenue Code of
1986) if--
(i) such contribution--
(I) is paid during the period beginning on October 8, 2017,
and ending on December 31, 2017, in cash to an organization
described in section 170(b)(1)(A) of such Code, and
(II) is made for relief efforts in the California wildfire
disaster area,
(ii) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the meaning of
section 170(f)(8) of such Code) that such contribution was
used (or is to be used) for relief efforts described in
clause (i)(II), and
(iii) the taxpayer has elected the application of this
subsection with respect to such contribution.
(B) Exception.--Such term shall not include a contribution
by a donor if the contribution is--
(i) to an organization described in section 509(a)(3) of
the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance of an
existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under subparagraph (A)(iii) shall be made
separately by each partner or shareholder.
(b) Special Rules for Qualified Disaster-Related Personal
Casualty Losses.--
(1) In general.--If an individual has a net disaster loss
for any taxable year--
(A) the amount determined under section 165(h)(2)(A)(ii) of
the Internal Revenue Code of 1986 shall be equal to the sum
of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in the matter
preceding clause (i) of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of this subparagraph) as
exceeds 10 percent of the adjusted gross income of the
individual,
(B) section 165(h)(1) of such Code shall be applied by
substituting ``$500'' for ``$500 ($100 for taxable years
beginning after December 31, 2009)'',
(C) the standard deduction determined under section 63(c)
of such Code shall be increased by the net disaster loss, and
(D) section 56(b)(1)(E) of such Code shall not apply to so
much of the standard deduction as is attributable to the
increase under subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this subsection,
the term ``net disaster loss'' means the excess of qualified
disaster-related personal casualty losses over personal
casualty gains (as defined in section 165(h)(3)(A) of the
Internal Revenue Code of 1986).
(3) Qualified disaster-related personal casualty losses.--
For purposes of this subsection, the term ``qualified
disaster-related personal casualty losses'' means losses
described in section 165(c)(3) of the Internal Revenue Code
of 1986 which arise in the California wildfire disaster area
on or after October 8, 2017, and which are attributable to
the wildfires to which the declaration of such area relates.
(c) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified individual, if
the earned income of the taxpayer for the taxable year which
includes the applicable date is less than the earned income
of the taxpayer for the preceding taxable year, the credits
allowed under sections 24(d) and 32 of the Internal Revenue
Code of 1986 may, at the election of the taxpayer, be
determined by substituting--
(A) such earned income for the preceding taxable year, for
(B) such earned income for the taxable year which includes
October 8, 2017.
(2) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode on October 8, 2017, was located--
(A) in the California wildfire disaster zone, or
(B) in the California wildfire disaster area (but outside
the California wildfire disaster zone) and such individual
was displaced from such principal place of abode by reason of
the wildfires to which the declaration of such area relates.
(3) Earned income.--For purposes of this subsection, the
term ``earned income'' has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(4) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for a taxable
year which includes October 8, 2017--
(i) such paragraph shall apply if either spouse is a
qualified individual, and
(ii) the earned income of the taxpayer for the preceding
taxable year shall be the sum of the earned income of each
spouse for such preceding taxable year.
(B) Uniform application of election.--Any election made
under paragraph (1) shall
[[Page H10385]]
apply with respect to both sections 24(d) and 32, of the
Internal Revenue Code of 1986.
(C) Errors treated as mathematical error.--For purposes of
section 6213 of the Internal Revenue Code of 1986, an
incorrect use on a return of earned income pursuant to
paragraph (1) shall be treated as a mathematical or clerical
error.
(D) No effect on determination of gross income, etc.--
Except as otherwise provided in this subsection, the Internal
Revenue Code of 1986 shall be applied without regard to any
substitution under paragraph (1).
TITLE II--TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA
SEC. 5101. TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA.
(a) Modification of Hurricanes Harvey and Irma Disaster
Areas.--Subsections (a)(2) and (b)(2) of section 501 of the
Disaster Tax Relief and Airport and Airway Extension Act of
2017 (Public Law 115-63; 131 Stat. 1173) are both amended by
striking ``September 21, 2017'' and inserting ``October 17,
2017''.
(b) Employee Retention Credit.--Subsections (a)(3), (b)(3),
and (c)(3) of section 503 of the Disaster Tax Relief and
Airport and Airway Extension Act of 2017 (Public Law 115-63;
131 Stat. 1181) are each amended by striking ``sections
51(i)(1) and 52'' and inserting ``sections 51(i)(1), 52, and
280C(a)''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of title V
of the Disaster Tax Relief and Airport and Airway Extension
Act of 2017 to which such amendments relate.
TITLE III--BUDGETARY EFFECTS
SEC. 5201. EMERGENCY DESIGNATION.
This division 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)).
SEC. 5202. DESIGNATION IN SENATE.
In the Senate, this division is designated as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today to present H.R. 4667, a bill making
emergency appropriations for hurricane and wildfire recovery.
Parts of our Nation have been devastated by multiple back-to-back
hurricanes and wildfires that have caused tremendous loss of life,
livelihoods, and property.
Hurricanes Harvey, Irma, and Maria are three of the top five most
expensive hurricanes in the last 25 years. Combined with the horrific
wildfires that continue to rage in California, the toll that these
disasters have taken is unprecedented.
We must stand by our fellow Americans to get them the help and
resources they need to recover. To this end, this legislation provides
a total of $81 billion for crucial Federal programs that support
ongoing relief, recovery, and rebuilding.
This includes $27.5 billion for FEMA to provide relief and recovery
assistance; $26.1 billion for Community Development Block Grants for
shelter and housing and infrastructure improvements, and the means to
help large and small businesses recover; and $12.1 billion for the Army
Corps of Engineers to repair and rebuild infrastructure projects that
help protect against future disasters, building in resiliency.
The bill also includes $3.8 billion for the Department of
Agriculture, which will support critical agriculture disaster
assistance for massive crop and livestock loss.
Funding is also included to repair Federal highways and local transit
systems, to help children displaced by the storms of Puerto Rico get
back to school, and for small business disaster loans, which will allow
businesses to reopen their doors as quickly as possible.
Our Committee on Appropriations will continue to monitor these
recovery efforts to ensure accountability, transparency, and that every
dollar is spent wisely. From Florida and Texas, to Puerto Rico and the
U.S. Virgin Islands, to California, and all areas dealing with major
disaster declarations, this Congress is committed to helping you.
Congress has already provided $51.75 billion in two separate
supplemental bills for these ongoing efforts. With this third tranche
of emergency funding, it will bring the total funding for fiscal year
2018 emergency response to $132 billion. This funding is desperately
needed by thousands of American families, individuals, and communities
to rebuild their homes and businesses, restore electric power and
critical infrastructure, and to protect against further damage. It is
the duty of Congress to provide this help to our fellow Americans in
their times of need.
Mr. Speaker, before I close, I would like to thank everyone who came
to leadership and to the Appropriations Committee to make sure that
Congress is getting the assistance to those hurricane and wildfire
victims that they urgently need.
I would also like to thank the clerks and professional staff and the
chairs of the 12 Appropriations Subcommittees for their working
tirelessly to bring this bill to the floor and, may I say, nearly 30
others this year.
It is time to get this emergency aid to those who need it. I urge my
colleagues to support this bill and this legislation.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this legislation is a failure of both process and
substance. When Congress received the paltry and insufficient disaster
request from the administration, the House and Senate Appropriations
Committees began a bipartisan and bicameral process to develop an
emergency assistance package that would come closer to meeting the
massive scale of need resulting from hurricanes and wildfires in the
summer and fall 2017.
I sincerely regret that the majority leadership abandoned that
process, choosing, instead, to disregard input from Democrats and even
from Senate Republicans, and developed their own partisan supplemental.
The results of that decision is a poor product that will not be enacted
into law.
Despite some robust funding levels, this bill fails to fix a
potentially calamitous Medicaid system situation for Puerto Rico and
the U.S. Virgin Islands. Without help from Congress, these programs
will exhaust available funding within months. This bill also fails to
waive unworkable and unjustifiable cost share requirements for FEMA and
the Army Corps of Engineers' projects, which could put Federal funding
out of reach.
These and other serious shortcomings must be fixed before an
emergency supplemental is enacted into law. Even if this supplemental
passes today, the House majority's decision to exclude both Democrats
and Senate Republicans from this process means that it will not be
enacted this year because it cannot pass the Senate.
Instead of the partisan product with no chance of advancement, we
should be considering a responsible bipartisan emergency supplemental
that both the House and the Senate could pass and enact into law.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from Texas (Mr. Culberson), the chairman of the Commerce, Justice, and
Science, and Related Agencies Subcommittee.
Mr. CULBERSON. Mr. Speaker, I thank Chairman Frelinghuysen and
Speaker Ryan for rejecting the Office of Management and Budget's
completely inadequate funding request that they sent to Congress. It is
the job of the Appropriations Committee and Congress to write
these emergency spending bills, and we have done so.
I am one of eight subcommittee chairmen who held public hearings at
the request of the chairman. I want to thank Chairman Frelinghuysen for
listening to all of us to change the legislation to ensure that the
State of Texas, Florida, and Puerto Rico are a long way towards being
made whole. This is a tremendous step in the right direction. We are
grateful for the funding that is contained here. We are also grateful
for a lot of the changes that the chairman and the committee have
included.
For example, we have got $12 billion here for the Army Corps of
Engineers' projects that is going to be prioritized
[[Page H10386]]
and targeted to areas that have suffered repeated floods over the last
2 years, to areas that have been declared disasters by the President.
That will help ensure that the people of Texas, in particular, who had
53 inches of rain over an area the size of New Jersey, the people of
Texas and southwest Louisiana who suffered from Hurricane Harvey, those
projects will receive priority consideration by the Army Corps of
Engineers. That is going to help us get that third reservoir built in
northwest Harris County.
This funding is also sufficient to fully pay for all federally
authorized flood control projects in southeast Texas. That means we
will have front-loaded funding for a critical project to finish out
Brays Bayou, to build it to the 100-year flood protection standard.
The Army Corps of Engineers' funding is also going to allow us to
dredge the Port of Houston, the Port of Beaumont, and open up those
ports to full capacity.
Another important change that the chairman included at my request,
and I am very pleased it is in there, is that we had a lot of people
flooded because the Army Corps of Engineers opened the floodgates
necessarily on Addicks and Barker.
These folks were flooded by the action of the government in the
Neches River Waterway and the Sabine Waterway and on the San Jacinto
River.
Chairman Frelinghuysen included language that allows the Governor of
the State of Texas to ask for a waiver of the prohibition against
duplication of benefits.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 30 seconds to
the gentleman from Texas.
Mr. CULBERSON. Mr. Speaker, it is important for the people of Texas
to know that help is on the way to not only repair the damage caused by
the flood, but if they were flooded by the action of the government,
there is a provision in this legislation today that will allow the
Governor to request that they be compensated, that they can take out an
SBA loan at the front and they will pay the government back, and then
receive a Community Development Block Grant at the end to help make
them whole.
Mr. Speaker, we will also be able to rebuild churches and synagogues.
That is vitally important because we suffered so much damage in
southeast Texas.
I am proud to support this legislation, and I look forward to working
with the chairman and my colleagues as we go forward, if there is
additional funding needed. I am very grateful for the support of
Congress. I urge Members to support this vital legislation to help the
people of southeast Texas, Florida, and Puerto Rico have a better
Christmas.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the gentleman from New
York (Mr. Serrano), the ranking member of the Commerce, Justice,
Science, and Related Agencies Subcommittee.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Speaker, I thank the gentlewoman for the time.
I rise to sadly oppose this disaster supplemental, which does not do
enough to help Puerto Rico and the U.S. Virgin Islands.
This is a bill created by Republicans with little Democratic input.
At some point, they decided that rather than working in a bipartisan
manner, they wanted to try and address these disasters without taking
into account some of the most important Democratic priorities.
In particular, it does not address many issues crucial to Puerto
Rico's recovery in the wake of Hurricanes Irma and Maria. For instance,
it does nothing to address the looming Medicaid cliff, which will
devastate health kits access and delivery on the island early next
year. It does not waive numerous local cost share requirements, which
will make it extremely difficult for the government of Puerto Rico to
access large parts of the Federal funding made available here.
It does not do enough to help States like New York and New Jersey and
others that have generously opened their arms to our fellow citizens
displaced by these storms.
{time} 1500
It expands the powers of the Puerto Rico Fiscal Oversight Board,
giving them authority to approve the recovery plans of Puerto Rico's
government.
The end result of all of this is further delay in Puerto Rico's
recovery. This is not the message that we want to send to 3.4 million
American citizens this holiday season.
As I look at my notes and as I look at what this debate may become
today, it really comes down to one point: we as Americans, we as the
United States Congress, we as the U.S. Government still have not come
to grips with the fact that, yes, we have territories, that, yes, we
have colonies.
If you ask the American people, ``Are the people of Puerto Rico
American citizens?'' you would be shocked before all this information
went out on the hurricanes how many would say: ``I don't know. I served
with some in the Army, but I don't know if they are citizens.''
Well, I think, more and more, we need to know that the Virgin
Islands, Guam, American Samoa, the Northern Marianna Islands, and
Puerto Rico are part of the American family. It is not as a long gone
member of my party once told me when I said: What are we going to do
about Puerto Rico in this bill?
He said: Well, we have no money left over.
I said: Did you have money left over for the 50 States?
He said: Well, they go first.
I said: Why do they go first? Why can't the whole family go together?
So my plea that I have made for years, I continue to make. There is a
bigger issue than the one we are discussing today, and that is the fact
that we have territories. We have colonies. They are part of the United
States. They should be part of our family. We should treat them as
such.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Carter), the chairman of the Homeland Security
Subcommittee on Appropriations.
Mr. CARTER of Texas. Mr. Speaker, I thank the gentleman for yielding.
I recently flew in a C-130 with a gathering of my colleagues and
members of the Senate the length and breadth of Florida, across the
Gulf of Mexico, and up and down the Gulf Coast of my home State of
Texas and looked at the devastation that, in 1 day, on about a 12-hour
flight, we could see all the devastation that took place from these
terrible storms.
That is why this supplemental is so very important, because this is
not about numbers, this is not about anything; it is about people,
human beings. We helped people move their ruined furniture out of their
houses when we were on that trip. We saw the devastation. We saw the
tears and the pain that these people were dealing with.
As chairman of the Homeland Security Subcommittee on Appropriations,
I am proud to have had a small part in working on this project.
Let me explain that the supplement provides $28.6 billion for the
Department of Homeland Security; $27.5 billion is for the Disaster
Relief Fund to provide for the continued response and recovery efforts
for all recent disasters. These funds will provide for the recovery
efforts of all disasters that have received a major disaster
declaration, to include, Texas, Florida, California, Puerto Rico, and
the U.S. Virgin Islands.
This money is needed to ensure food, water, and temporary shelter is
made available to disaster survivors. These funds are used for debris
removal efforts, the first step in recovery. These funds will also
support the long-term recovery efforts to help rebuild utilities,
bridges, roads, and buildings.
$4 billion of this can be used for community disaster loans to help
communities pay for essential services while they get back on their
feet.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 30 seconds to
the gentleman.
Mr. CARTER of Texas. Mr. Speaker, I thank the gentleman for yielding.
The bill also includes $1.1 billion to address the damages to
important Coast Guard, Customs and Border Protection, and
Transportation Security Administration facilities.
The supplement provides $4.4 billion more than requested, but we
looked at
[[Page H10387]]
each project to ensure that funding was only going to projects that
address damages, improve resiliency, and increase disaster responses.
Mr. Speaker, I thank Chairman Frelinghuysen for his leadership. He
has been right on top of this, and we have got a good product here.
Mr. Speaker, I urge a ``yes'' vote on the supplemental.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentleman from New
York (Mr. Crowley), the chair of the Democratic Caucus.
Mr. CROWLEY. Mr. Speaker, I thank the gentlewoman from New York for
yielding me this time, and I thank her for her work. I thank Mr.
Frelinghuysen, as well, for his work and my colleagues on the other
side, but I have reservations, strong reservations about this bill.
I appreciate the very real needs of those still recovering, our
American citizens and friends and family in Florida and Texas, and that
concern is genuine. I have always supported aid to other parts of the
country, even when some of my colleagues on the other side of the aisle
refused to help New York and left New York hanging after Superstorm
Sandy. I have never let that get in the way of my wanting to be helpful
to my fellow citizens anywhere in this country who are under duress.
But I can't, in good conscience, vote for this bill. It leaves some
of the hardest hit and most vulnerable Americans, American citizens,
without the help that they need. It treats Puerto Rico and the Virgin
Islands as second-class citizens--not second-class people, but second-
class, literally, citizens--and will stall the efforts there to
rebuild.
I appreciate Mr. Culberson saying that the people of Puerto Rico and
the Virgin Islands are a long way from recovery. I am paraphrasing what
he said. I do appreciate those words. I do hope that it is an insight
for my Republican colleagues and the leadership on the other side of
the aisle that more help will be on the way for the people of Puerto
Rico, but simply not enough is being done in this bill to help the men
and women of Puerto Rico and the children of Puerto Rico today.
Our fellow citizens of Puerto Rico and the Virgin Islands are no less
American than those in any of the 50 States.
I wonder if anyone would argue that point as to whether they are
citizens of the United States or not. I would argue they are no less
citizens of the United States than any other individuals in the rest of
the 50 States, and they should be treated the same and with the same
respect.
The people of Puerto Rico and the Virgin Islands suffered direct hits
not from one, but from two massive hurricanes, the likes of which we
have never seen before, not in our modern history. Maybe you have to go
back to Alexander Hamilton and the hurricane that he wrote about back
in the 1700s that rocketed him to stardom.
Here we are 3 months later. Millions--not hundreds, not thousands,
but millions--of our fellow citizens in Puerto Rico and in the Virgin
Islands are without power. Far too many still, because they are without
power, lack clean drinking water. Thousands are unable to receive
adequate healthcare, and earlier this week, the Governor of Puerto Rico
ordered a recount of the storm's death toll, which could number, now,
into the thousands. If that is not a sign of how neglectful the
response has been to this disaster, then I don't know what would be.
The SPEAKER pro tempore (Mr. Smith of Nebraska). The time of the
gentleman has expired.
Mrs. LOWEY. Mr. Speaker, I yield 1 additional minute to the gentleman
from New York.
Mr. CROWLEY. Mr. Speaker, I thank the gentlewoman for yielding.
We must provide the assistance that our territories need. We must
fully fund Medicaid as the islands recover. We must eliminate
disparities in the law that are holding back that recovery. We must
stand up for not the people of the Virgin Islands, not the people of
Puerto Rico, but the United States citizens who have fought in our
wars, who have defended our freedoms, for the United States citizens of
the Virgin Islands and the United States citizens of Puerto Rico.
They deserve no less than how any other State is being treated after
a disaster like this. They deserve no less. They deserve more than they
are getting in this bill.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Calvert), chairman of the Interior, Environment,
and Related Agencies Subcommittee on Appropriations.
Mr. CALVERT. Mr. Speaker, I thank Chairman Frelinghuysen for
yielding.
Mr. Speaker, I rise today in strong support of H.R. 4667, which
provides $81 billion in Federal disaster assistance to States and
territories recently devastated by natural disasters. This is not a
small amount of money.
First, as chairman of the Interior, Environment, and Related Agencies
Subcommittee on Appropriations, I am pleased to include $616.4 million
for repairs, cleanup, and recovery at various agencies, including the
U.S. Fish and Wildlife Service, the Environmental Protection Agency,
the National Park Service, and others.
As chairman of the California Republican delegation, I have a
particular interest in wildfire assistance in this bill. The
coordination and collaboration between Republicans and Democrats on
this bill to reflect the needs of California shows bipartisanship is
alive and well.
Mr. Speaker, I would certainly like to thank Congressman Mike
Thompson for his tireless efforts in regard to the fires in northern
California.
Last month, I toured Santa Rosa, California, which was absolutely
decimated after a wildfire tore through the area. Forty people lost
their lives, and more than 14,000 homes were destroyed or damaged.
As a lifelong California resident, I have seen a lot of fires and the
resulting devastation, but I have never witnessed anything like I saw
in Santa Rosa. The stories of survival and heroics of our first
responders truly are incredible. Now, in the aftermath, we must come
together to recover and rebuild.
This bill is the first step towards recovery and provides $27.5
billion for the Disaster Relief Fund, a $4.5 billion increase from the
request, a 90 percent Federal cost share for wildfire disasters; and
$541 million for watershed and flood prevention efforts, which will be
vital as the rainy season begins in California.
California will be eligible for nearly all the various sources of
disaster funding in this bill, including for crop losses, Army Corps of
Engineers projects, Federal highway damages, small business assistance,
displaced employees, and student assistance, among others.
With my colleagues, I will continue to monitor the fire situation and
respond as needed. The Thomas Fire in Ventura County has burned over
272,000 acres, on track to be the largest wildfire in California
history; and, unfortunately, the fire rages on.
Mr. Speaker, I especially want to thank Chairman Frelinghuysen and
the Appropriations Committee staff for their outreach and
responsiveness to the fires in California. We greatly appreciate their
assistance and ongoing support.
Mr. Speaker, I would be remiss if I didn't thank all my staff and the
Interior Subcommittee, but in particular, my chief of staff, Dave
Kennett, and on the Interior Subcommittee, Betsy Bina, both of whom
went above and beyond to deliver results for California.
On a quick note, best wishes for Betsy, who is getting married today.
Mr. Speaker, I urge passage of this emergency supplemental funding
bill.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I want to thank the gentlewoman from
New York; I want to thank the chairman; but I do want to take a moment
and particularly thank the gentlewoman from New York for the kindness
that she showed the first victims of this horrific hurricane season.
I remember coming back to Congress in the immediacy of Hurricane
Harvey. Many don't know, but I left my home in a firetruck--not out of
desperation, but to go where my constituents were--and spent the rest
of the time with 14,000 homeless evacuees in a shelter that had been
set up immediately with concern about the city of Houston.
We had meetings starting at 6 a.m. In the evening, as the waters
started moving in different communities and different communities
became flooded, we
[[Page H10388]]
could see evacuees carrying their only belongings--pillows, just a
paper bag--flooding into the George R. Brown Convention Center.
This is serious for me.
I remember seeing elderly persons being evacuated after the Addicks
Reservoir, Barker Reservoir was released and family members standing on
what was now the shore waiting for those loved ones. I know the family
and went to the funerals of the six family members who died in Greens
Bayou in my congressional district.
I introduced a bill, H.R. 3686, which the gentlewoman from New York
was quite interested in. It was for $174 billion. If we had that amount
now, I would be more than happy to share that with Puerto Rico and the
Virgin Islands.
We don't have that. And I am extremely disappointed that we have $81
billion, not because of the lack of the hard work of those who worked
on the Appropriations Committee, because I know they wanted to do more,
but there were other distractions--like a $1.4 trillion tax cut.
{time} 1515
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield the gentlewoman from Texas an additional 1
minute.
Ms. JACKSON LEE. I want to thank my Texas colleagues. We worked
together, and I truly appreciate that and will thank them for it.
Today, I indicated that I have constituents who are down testifying
in Houston about their devastation, so I want to make this point. First
of all, I fought very hard for a $1 billion grant program for small
businesses. I want to tell my constituents it is in, and I want to tell
the State of Texas they have to put that in their application that they
want to give small businesses grants and not loans.
There is $12 billion in CDBG programs. I want to make sure that the
State works with us to ensure that the elderly, the people who have no
resources, families that have no resources have their homes rebuilt or
they have their homes fixed.
I want to make sure that the watershed study comes under section
title IV, that the Army Corps is listening, that the watershed program
that I have passed in two sessions to study the bayous, as to why
Greens Bayou and Buffalo Bayou and White Oak Bayou and Halls Bayou
flood, and why people lose their lives. I want that watershed done, and
the Army Corps of Engineers, I hope, will listen.
There is a lot of work left to be done. We have got to get more
money. And I am glad that Puerto Rico and the U.S. Virgin Islands are
in, but you can count on me, Texas, and count on me, Puerto Rico and
the U.S. Virgin Islands and Florida. We will fight into the new year to
ensure that we get more funding. But these items have to be considered.
We fought hard for them.
Mr. Speaker, I rise to speak on H.R. 4667, ``Making Further
Supplemental Appropriations for Fiscal Year 2017.''
H.R. 4667, provides $81 billion in aid to respond to the damage
caused by Hurricanes Irma and Maria, and the wildfires in California.
I thank the Speaker and Rules Committee Chairman Sessions for acting
favorably upon my request to bring this emergency disaster supplemental
to the floor for debate and vote as a stand-alone measure.
But the fact remains that the amount of funding provided in the
disaster relief package is very disappointing because it is not nearly
sufficient to ameliorate the suffering still being experienced by the
people of the communities in the areas affected by Hurricanes Harvey,
Irma, and Maria.
Congress has had more than three months to develop an aid package
that it is commensurate to the challenge faced by the affected states
and territories in rebuilding their devastated communities.
Much of this time has been squandered by the Republican congressional
leadership all-consuming focus on ramming through the Republican Tax
Scam legislation that gives 83 percent of its benefits to the top 1
percent, raises taxes on working and middle-class families, takes away
health insurance from 13 million Americans, explodes the deficit by
$1.5 trillion and the national debt by $1.7 trillion, and will be paid
for by 5.4 trillion in cuts to vital programs Americans depend on,
including an imminent $25 billion reduction in Medicare funding.
Mr. Speaker, on September 6, 2017, ten days after Hurricane Harvey
struck and joined by 44 of our colleagues, I introduced H.R. 3686, the
``Hurricane Harvey Supplemental Appropriations Act of 2017,'' which
provides $174 billion in disaster relief for the areas affected by
Hurricane Harvey, the worst superstorm ever to strike the mainland
United States.
The $174 billion in funding provided by H.R. 3686 represents a
comprehensive response commensurate to the challenge; specifically my
legislation provides relief in the following amounts:
1. Housing and Community Development Fund: $50 billion
2. FEMA Disaster Relief Fund: $35 billion
3. Army Corps of Engineers--Construction: $15 billion
4. Flood Control and Coastal Emergencies: $13 billion
5. Public Transportation Emergency Relief Program: $33 billion
6. Small Business Disaster Loans Program: $2 billion
7. Emergency Conservation Activities: $650 million
8. National Oceanic and Atmospheric Administration: $321 million
9. National Aeronautics and Space Administration: $50 million
10. Legal Services Corporation: $10 million
11. Army National Guard: $10 million
12. Army Corps of Engineers--Civil Investigations: $150 million
13. Coast Guard: $450 million
14. National Park Service Historic Preservation Fund: $800 million
15. EPA Environmental Programs and Management: $2.5 billion
16. EPA Hazardous Substance Superfund: $7 million
17. Leaking Underground Storage Tank Fund: $15 million
18. State and Tribal Assistance Grants: $600 million
19. Employment and Training Services: $100 million
20. Public Health and Social Services Emergency Fund: $2.5 billion
21. Airport and Airway Trust Fund: $90 million
22. Federal-Aid Highways Emergency Relief Program: $6.5 billion
And that is just for Texas and the areas affected by Hurricane
Harvey; the damage wrought by Hurricane Irma in Florida, and Hurricane
Maria in Puerto Rico and the U.S. Virgin Islands was nearly as great in
dollar terms and equal in the level of misery and suffering inflicted
on the residents.
Mr. Speaker, on September 20, 2017, Hurricane Maria made landfall in
Puerto Rico, along the southeastern coast, near the small town of
Yabucoa.
The devastation wrought on that beautiful Caribbean oasis and its 3.5
million inhabitants, our fellow citizens of the United States, is
unimaginable, except perhaps to those of us who have lived through and
survived similar natural disasters, like Hurricanes Harvey and Katrina.
At least 48 people have died as a result of the storm as rescue and
recovery operations proceed, a number likely to rise, especially with
so many elderly, sick, and very young persons at risk.
Much of Puerto Rico's population is still without potable drinking
water and large swaths of the population still lack electrical power.
Hurricane Maria destroyed 80 percent of Puerto Rico's agricultural
industry, including banana, plantain and coffee crops, which translates
into lost income of approximately $780 million.
On August 30, 2017, Hurricane Irma struck, inflicting horrific damage
on the U.S. Virgin Islands of St. Thomas, St. Croix, and St. John, the
Caribbean nations of Barbuda, St. Maarten, Cuba, and Anguilla, before
making landfall in the Florida Keys.
In Florida alone, 6.4 million people told to evacuate to safety,
leading to days of jammed highways and frantic searches for gasoline
amid one of the nation's largest ever emergency evacuations.
At least 124 persons are known to have lost their lives in Hurricane
Irma, more than 200,000 Floridians took refuge in shelters, and nearly
6.5 million homes and businesses were without power.
Mr. Speaker, we do not yet know the full extent of the damage and
devastation suffered by our fellows Americans in Florida, the U.S.
Virgin Islands, and Puerto Rico in the wake of Hurricanes Irma and
Maria.
But what we do know is that the costs of recovery and reconstruction
will be extensive, best estimates place the cost in the range of $50-
$100 billion.
This puts in perspective the inadequacy of the amount of disaster
relief provided under H.R. 4667 and why more, much more, must be done.
Mr. Speaker, right now, at this very moment, approximately 300,000
Texans--in Port Arthur, in Port Aransas, in Houston and Harris County--
remain homeless or are living in substandard homes with blue tarp roofs
and infected with mold.
[[Page H10389]]
Today, residents of the Cashmere Gardens community are meeting with
local government officials to highlight their plight and those of other
residents in the northeastern part of Houston.
They are angry and frustrated and anxious, and who can blame them?
Mr. Speaker, this is personal to them; and it is personal to me.
That is why right now my highest priority is to ensure that funding
that has been made available expeditiously gets in the hands of local
governments so that relief can be deliver the resources and services so
desperately needed.
And I will be working with the Texas General Land Office and HUD
Secretary Carson to relieve the emergency housing crisis in my
congressional district and state.
Mr. Speaker, I wish to commend the bipartisan leadership of both
chambers, and my colleagues in the Texas congressional delegation for
their diligence and commitment in bringing this package to the floor
for debate and vote.
I thank Chairman Frelinghuysen and Ranking Member Lowey, and Speaker
Ryan and Democratic Leader Pelosi, and their Senate counterparts for
the work that has been done thus far and for their assistance in the
work that lies ahead.
I also thank Chairman Frelinghuysen and Ranking Member Lowey, and T-
HUD Appropriations Subcommittee Chairman Diaz-Balart, and Energy and
Water Appropriations Subcommittee Chair Simpson and Ranking Member
Kaptur for including in the legislation before us the following
beneficial measures that I requested, including:
1. Authority to establish an implement a $1 billion pilot program to
provides small business disaster recovery grants, modeled on H.R. 3930,
the ``Hurricane Harvey Small Business Recovery Grants Act,''
legislation I introduced on October 3, 2017 and co-sponsored by 16 of
our colleagues.
2. $75 million for the U.S. Army Corps of Engineers' Investigations
account, which is to be used in areas affected by Hurricanes Harvey,
Irma, and Maria, and can be used to finance the $3 million Houston-Area
Watershed Assessment Study I have worked to secure and previously
approved by the House.
3. The bill also includes helpful legislative language to ensure that
in awarding CDBG-Disaster Relief funds to states, the Secretary of HUD
should to the maximum extent practicable award grants to units of local
government and public housing authorities that have the financial and
administrative capacity to manage a grant awarded under the program.
Let me describe briefly some of the major provisions contained in the
Disaster Relief Supplemental:
1. FEMA Disaster Relief Fund: $27.5 billion to provide critical
funding to assist the ongoing federal disaster response. allows up to
$4 billion to be provided for Community Disaster Loans (CDLs).
2. Community Development Block Grants Disaster Recovery (CDBG-DR):
$26.1 billion for housing and infrastructure needs. $13.56 billion for
grants to states, tribes, and territories for unmet housing needs and
business losses.
3. $12.5 billion for mitigation efforts to help communities protect
against future disasters.
4. This funding can provide for housing elevation, buyouts in the
flood plain, water/sewer infrastructure enhancements, public
infrastructure hardening (e.g. storm proofing public buildings).
5. Federal Highway Administration's Emergency Relief: $1.4 billion to
address all current damages to federal highways caused by designated
disasters
6. $12.11 billion for the Army Corps of Engineers to repair existing
damages by natural disasters and for studies and projects to reduce the
risk of future natural disasters, $75 million to expedite studies to
help mitigate future disaster damage.
7. 2.9 billion to help displaced students get back to school. funding
can be used for both public and private schools
8. $3.8 billion for agriculture assistance.
9. $1.66 billion for Small Business Administration Disaster Loans to
assist small businesses and homeowners repair or replace real estate,
personal property, machinery and equipment, and inventory and business
assets.
Mr. Speaker, there is much more work to be done in my city of
Houston, and across the areas affected by the terrible, awesome storm
that will be forever known simply as Hurricane Harvey, and by
Hurricanes Irma and Maria.
That is why I am disappointed that only $81 billion is being provided
at this time.
That is why it must be emphasized and understood that this can only
be understood as a partial response because much more funding will be
needed to provide our fellow Americans in Texas, Florida, Louisiana,
Puerto Rico, and the U.S. Virgin Islands the help and support they need
to restore their communities to their previous greatness.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Florida (Mr. Diaz-Balart), the chairman of the Transportation,
Housing and Urban Development, and Related Agencies Subcommittee.
Mr. DIAZ-BALART. Mr. Speaker, let me first thank the chairman of the
committee for his spectacular work on this bill.
Look, this bill provides much-needed relief and resources to Texas,
Florida, the U.S. Virgin Islands, California, and Puerto Rico. I have
heard a lot in this debate, but let's be very clear. This bill treats
Florida, the folks in Florida, Texas, Puerto Rico, the U.S. Virgin
Islands, and California exactly the same--exactly the same.
Significant portions, Mr. Speaker, of my district were hit hard by
Hurricane Irma. Communities are still working to get back on their
feet, communities like Everglades City, Chokoloskee, Plantation Island,
Immokalee, and Montura Ranch.
This bill helps meet our Federal obligation to ensure the full,
appropriate Federal commitment is there for long-term recovery.
Mr. Speaker, for highways, this bill funds repairs for the 2017
storms and clears the backlog of prior years.
On the housing side, this bill provides $26.1 billion for Community
Development Block Grants. Of that, $13.6 billion is provided to meet
all remaining unmet housing, business, and infrastructure needs for
those hurricanes, and, yes, that includes the Virgin Islands and Puerto
Rico.
The remaining $12.5 billion is provided for mitigation grants, again,
also to Puerto Rico and the Virgin Islands and Florida and California
and Texas. All of those are treated exactly the same. So, again, these
grants provide resources to our communities so that they can rebuild.
Additionally, I am pleased that $3.8 billion is allocated for the
Department of Agriculture. This will go a long way to help those
affected, those farmers, like the ag industry and the citrus industry
in the State of Florida.
So, again, I strongly urge a ``yes'' vote on this important
supplemental.
I once again want to thank the chairman, Chairman Frelinghuysen, for
his leadership, for his courage, for bringing forward a good bill that
helps the folks in our country and that treats everybody equally,
equitably, and fairly.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Thompson).
Mr. THOMPSON of California. Mr. Speaker, this year has been the worst
fire season in California history. The October fires included 21 major
fires that were fought by over 11,000 firefighters.
They were driven by powerful winds that reached speeds of over 80
miles an hour, and these fires moved, at times, as fast as 200 feet per
second. That is 40 football fields in a minute. They burned nearly
300,000 acres.
They forced over 100,000 people to evacuate their homes, and they
destroyed over 9,000 homes and structures. And, most tragically, 44
people lost their lives.
Our communities have been devastated, Mr. Speaker, but they have also
come together and supported each other in inspiring ways, and now they
begin the very long road to recovery.
I am pleased to see this supplemental funding package will deliver
much-needed funds for fire recovery. I want to specifically thank
Congressmen Calvert, McCarthy, and Pelosi, who came out and saw this
devastation and have been working with us to make sure we get the funds
that we need. I want to thank the appropriators and the appropriations
staff for all their help as well.
With the support of the entire California House delegation, the State
of California has requested $4.4 billion for fire-related disaster
relief. These funds will be vital to helping families rebuild their
homes and their lives and to supporting our community as they rebuild
critical infrastructure and restore essential services.
It is critical that the Federal Government steps up and does its part
to support our long-term recovery. This funding package is an important
first step in that effort.
I have a picture of one of the devastated areas. This is over 3,000
homes in one swath that were just burned to the ground. Folks in
California who experienced this terrible disaster need our help.
[[Page H10390]]
I ask for an ``aye'' vote.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Pennsylvania (Mr. Shuster), the chairman of the Transportation and
Infrastructure Committee.
Mr. SHUSTER. Mr. Speaker, I thank the chairman for yielding, and I
thank the chairman and the Appropriations Committee for bringing
forward this extremely important legislation, which includes important
FEMA reforms which were approved unanimously by the Transportation and
Infrastructure Committee partially in response to this year's historic
hurricane season.
The bipartisan, bicameral Disaster Recovery Reform Act addresses the
rising costs of disasters in the United States. It reforms Federal
disaster programs to ensure our communities are more resilient and
better prepared for the next hurricane, flood, earthquake, wildfire, or
other disaster.
It focuses on predisaster planning and mitigation and creates
incentives for communities to build better and smarter to speed
recovery when disaster does strike. This will save lives, and it will
also save money.
Putting our focus on mitigation is good government and is fiscally
responsible. For every dollar we spend on mitigation, between $4 and $8
is saved in avoided disaster recovery costs later. This is good policy
that will benefit every single congressional district across the
country.
I want to thank many Members who contributed, but especially to my
Democratic colleagues who contributed to this effort: Congressmen
Johnson, DeFazio, Huffman, Wilson, Maloney, Ruiz, Sinema, Frankel, and
Nadler. And again, many, many others contributed to this important
reform legislation.
Many Americans are still recovering from hurricane damage, and
California is in the middle of fighting massive wildfires. This is
extremely important legislation. I would urge all my colleagues to
support it.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Louisiana (Mr. Graves), the chairman of the Water Resources and
Environment Subcommittee of the Committee on Transportation and
Infrastructure.
Mr. GRAVES of Louisiana. Mr. Speaker, I thank the chairman for
working with us on this and for yielding time.
I also want to thank the chairman of the Transportation and
Infrastructure Committee and the ranking member for all their
assistance.
Mr. Speaker, this bill doesn't just include money, which, of course,
is very, very important. It also includes language and changes that I
would consider to be priceless. It includes things like applying
lessons learned, reducing disaster response costs, and, importantly,
speeding up recovery--things outside Washington called common sense and
applying it to how we handle disasters. It pivots from being reactive
and spending billions of dollars after disasters to being proactive.
You can look back since 1980. We have had well over 200 disasters in
this Nation that have cost over $1 billion each. In fact, when you add
it all up, we are looking at approximately $1.3 trillion in disaster
costs in this Nation.
As the chairman of the Transportation and Infrastructure Committee
said, this bill includes text from H.R. 4460 and H.R. 4438 that
transforms this process: instead of just coming in and picking up the
pieces after a disaster, actually leaning forward and making sure our
communities are more resilient, making sure they are prepared for
disasters, making sure they are prepared for the future.
This bill includes very important provisions to the State of
Louisiana that address this duplication of benefits issue, some
nonsensical policy that someone came up with that a loan is duplicative
of a grant. It eliminates these barriers that prevent us from spending
hazard mitigation grant programs on federally authorized Corps of
Engineer projects to prevent flooding and prevent hurricane damage to
our communities.
It applies common sense. It ensures that deficiencies like the I-12
barrier in Louisiana are addressed. It provides funding to respond to
the 2016, 1,000-year flood that we had in the capital region in
Louisiana.
It provides flexibility for these STEP program housing program-type
concepts that ensure that we are not wasting money that is only ripped
out later on, but it truly provides long-term solutions.
Finally, Mr. Speaker, it addresses inefficiency in food banks and
churches and others, and it makes them eligible. I urge adoption of
this bill.
Mrs. LOWEY. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Pennsylvania (Mr. Barletta).
Mr. BARLETTA. Mr. Speaker, I rise today in support of H.R. 4667,
which includes provisions of my bill, the Disaster Recovery Reform Act.
In 2017, 8 percent of the United States population was affected by at
least one disaster. This startling statistic highlights the importance
of investing in mitigation infrastructure before tragedy strikes.
Studies have repeatedly shown that, for every $1 invested up front,
we can save between $4 and $8 in avoided recovery costs. My bill would
allow us to realize those savings by transforming how we approach
disaster spending.
It would provide FEMA with the programs, authorities, and resources
to help our communities plan for, mitigate against, respond to, and
recover from disasters.
Every one of our districts, Republicans and Democrats alike, will be
impacted by disaster at some point. In 2011, my own district was
devastated by flooding from Hurricane Irene and Tropical Storm Lee.
People lost everything, and homes and businesses were completely wiped
out.
I visited with families and employers affected by this tragedy, and
it made me realize that we need to do something to help communities
build better and smarter before disaster strikes. My bill, the Disaster
Recovery Reform Act, will do just that. It will save lives, lessen
damage, and speed up recovery.
I thank Chairman Shuster and my colleagues on the Transportation and
Infrastructure Committee and the Senate for their work on this
bipartisan and bicameral agreement.
Again, I urge swift passage of H.R. 4667.
Mrs. LOWEY. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, my congratulations go out
to Chairman Frelinghuysen and to Chairman Shuster for putting these
FEMA reforms into law that were long overdue. I thank the gentlemen for
their support.
I rise in support of H.R. 4667, the critical disaster assistance
legislation to help those affected by Hurricanes Harvey, Irma, and
Maria this year.
I have said on the floor of this House numerous times that I believe
it is important for Congress to come together when disaster strikes to
help those impacted. Helping our fellow Americans after a disaster is
the right thing to do.
And, don't forget, you never know when a disaster may hit your State.
That is why I am thankful to Chairman Frelinghuysen and Chairman
Shuster for including language important to my home State of Illinois
in this bill. My bill, the Disaster Declaration Improvement Act,
requires FEMA to place greater weight and consideration on the severe,
localized impact of the damage following a disaster.
{time} 1530
I want to thank my colleague, Congresswoman Cheri Bustos, for working
with me on this bipartisan bill.
FEMA currently takes into account several factors when determining
the need for public and individual assistance. However, there is no
standard to determine which factor is more important than another,
which leads to a highly subjective process, and one that has left rural
counties in very populated States, like Illinois, left without help
from the Federal Government.
It is because one major factor used by FEMA is a State's population.
Currently, FEMA multiplies a State's population by $1.39 to use it for
the threshold to determine need, meaning, for Illinois to receive
assistance, damages would have to be $18 million or more.
As you can see by this chart, that is more than or nearly double that
of all
[[Page H10391]]
of our neighboring States. There have been multiple times where a storm
hits both Illinois and our neighbors, but Illinois is the only one
denied assistance.
One of the most recent examples is, 2 years ago this Christmas, flood
damage throughout 16 counties cost $15 million in damages. Missouri,
who was also impacted by this same storm, received assistance, but
Illinois did not.
This is wrong. My constituents pay into the Disaster Relief Fund to
help other States. It should be there when they need it.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 1 minute to the gentlewoman
from California (Mrs. Mimi Walters).
Mrs. MIMI WALTERS of California. Mr. Speaker, California is
experiencing the worst fire season in its history. Tragically, these
fires have taken 46 lives, including one of our brave Cal Fire
firefighters, Cory Iverson.
California has lost nearly 10,000 homes and structures since the
start of the October wildfires. The need for relief and assistance is
immediate.
Mr. Speaker, I support the swift passage of the Emergency Disaster
Aid Package, which includes legislation I introduced, the California
Wildfire Disaster Tax Relief Act of 2017.
These specific provisions will allow victims to deduct property
damages and access retirement funds without penalty, as well as
encourage charitable giving.
Passage of this bill will help mitigate the burden of these
devastating wildfires and allow people to begin rebuilding their lives.
Mr. Speaker, California faces a long road to recovery and rebuild
from this devastating fire season. I urge my colleagues to aid in that
recovery by voting for the Emergency Disaster Aid Package.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 1 minute to the gentleman
from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I thank my good friend for
yielding time to me and for his tremendous bill. It is a great
bipartisan piece of legislation.
Mr. Speaker, after Superstorm Sandy, I and others saw how leaders and
volunteers of churches, synagogues, and other religious centers helped
feed, clothe, and shelter tens of thousands of victims, yet they were
left out and left behind when it came to repairs of their own
facilities.
The FEMA policy was and is unfair, unjustified, and discriminatory.
Over 4 years ago, the House came together in the wake of Superstorm
Sandy and passed legislation that I authored by 354-72. Surprise,
surprise, the Senate never acted, so the policy continues to this day.
I want to thank the chairman for including a provision in this bill
that will ensure that houses of worship, churches, and synagogues get
the kind of help they need on an equal basis with other nonprofits. I
also want to thank him for including language that will get rid of this
misnamed duplication of benefits clause.
Imagine this: men and women who are victimized by Superstorm Sandy or
any other storm, they go to FEMA, they are advised to take out an SBA
loan, then a little later in the recovery time, they are told that
there is a HUD grant available, and they are precluded from getting
that grant to even pay off the SBA loan.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Rutherford).
Mr. RUTHERFORD. Mr. Speaker, I rise today in strong support of this
emergency supplemental bill.
This emergency funding provides much-needed and, frankly, overdue
relief to my district in northeast Florida.
In September, Hurricane Irma caused flooding that the city of
Jacksonville had not seen in more than 150 years. Downtown was
literally under water, power was out for many days, and homes and
businesses were shuttered.
In our more rural agricultural communities in Nassau County and St.
Johns County, crops were wiped out, hurting our agriculture community
for months, if not years to come.
The city of Jacksonville recently projected that Hurricane Irma will
cost the city $85 million.
I would be remiss if I did not commend the quick Federal response,
the leadership of our Governor, and the planning and coordination of
local emergency management officials and first responders, who saved
lives and made our community safe and quickly back up and running.
But the Federal support in this bill provides the next phase in
emergency response that we so desperately need.
I would like to thank Chairman Frelinghuysen and his committee and
committee staff for their work to get this bill over the line. I urge
my colleagues in the strongest way possible to support this bill.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 1 minute to the gentleman
from California (Mr. McCarthy), the majority leader.
Mr. McCARTHY. Mr. Speaker, I thank the gentleman for yielding time to
me and for his work.
Mr. Speaker, it is only 4 days until Christmas. I look forward to
going home and being with my family. I know every single Member in this
body looks forward to that, too. I count my blessings that my family is
safe and that I have a community and home to head back to.
There are people in this country who don't have that. Their homes
were destroyed by wind, flood, and fires. Their communities were torn
apart by hurricanes and flames.
Mr. Speaker, I had the somber privilege of traveling to these places.
I went to Texas and spent time with Members from both sides of the
aisle, seeing the flooded homes and streets filled with water. We
visited NRG Stadium to meet the people forced to evacuate their homes.
I stood with Representatives like Sheila Jackson Lee, Al Green, Randy
Weber, and Brian Babin. These folks don't often agree on much in
politics. But you know what we did that day? We all promised to help
the people of Texas.
I flew to the Virgin Islands and Puerto Rico with Minority Whip Steny
Hoyer, and I would like to thank Delegate Stacey Plaskett and Resident
Commissioner Jenniffer Gonzalez-Colon for welcoming us and opening the
eyes of the Nation to what was happening.
In the Virgin Islands, we visited a hospital. The storm left half of
it unusable. No dialysis machines. They had to come to the mainland.
Nurses and doctors were working, doing the best they could to help
people in the most difficult of circumstances.
In Puerto Rico, we were the first congressional delegation to visit
the interior after the storm. We were with Members like Jeff Denham,
Anthony Brown, and Norma Torres. We met people without power for weeks,
low on food, low on medicine. We saw schools and homes destroyed and
completely washed away.
We then went to Florida to see the other towns hit by Hurricane Irma,
places that face storms year after year.
I returned to my home State of California with Congressmen Mike
Thompson and Jared Huffman during the worst wildfire season our State
has ever seen. We saw the fires rage up north, where it destroyed
entire communities. Forty-six people have lost their lives in the fires
in California this year.
You could see the devastation, block after block. Ash heaps of homes
and trees, standing like barren pillars.
I met with firefighters down south, still battling what may become
the largest wildfire in California's history. As it looks right now,
they will still be standing on the front lines of those fires come
Christmas day.
Every single place I went, Democrats and Republicans stood together.
We saw the devastation together. We spoke to the suffering that the
people were having together, and together we made a promise that we
would return here to Washington and work hand-in-hand to help them as
soon as possible.
That is why you heard Minority Whip Steny Hoyer, on September 26, say
that he would ``work with colleagues on both sides of the aisle to
ensure Congress provides all funding necessary to ensure that all
Americans affected by these storms can recover and rebuild.''
That is why he said on November 2 that he believes ``we can work
together in a bipartisan way to ensure that the affected areas receive
the resources they need from Congress.''
[[Page H10392]]
That is why I appreciated joining him in an op-ed piece that was in
The Washington Post on November 8, where we wrote: ``We are determined
to ensure that there is strong bipartisan support for the next
supplemental emergency funding package so that affected areas, such as
those we visited, have the resources they need.''
Minority Leader Nancy Pelosi spoke similarly. She signed a letter
with Members across California saying to President Trump that: We look
forward to working with you to ensure that all Americans who have been
severely impacted by recent natural disasters across the United States
receive the Federal support they need and deserve.
She told the Appropriations Committee that: Congress has an urgent
responsibility to the California families, whose lives have been
upended by disastrous wildfires.
I couldn't agree more with these statements. In the past few weeks
and months, we did--we worked together. We analyzed the damage. We
studied the requests from Governors and legislators. We even made
significant reforms to respond to disaster in the most effective and
responsible way possible.
The legislation today is the result. It provides funding for every
single State and territory affected by natural disasters.
I remind all my friends from California that this legislation
accommodates exactly what our entire delegation requested.
In all this work, we did it together in a bipartisan way; the way the
American people expect this body to work.
Now, I know it is the habit of this town to play politics. Mr.
Speaker, I do want to tell my friends on the other side: If they feel
like they have to, play politics on tax cuts. Call it whatever you want
to call it. Play politics on all the other legislation that comes to
this floor.
But if I can request one thing: Please don't do it here. Don't play
politics on a vote to give aid to the people of Texas; to the people of
Puerto Rico; to the people of the Virgin Islands; to the people of
Florida, and to the people of California, who are still fighting the
fires.
Don't play politics on a bill that you are going to hope to maybe
stop another. That would be the worst of any politics I have seen
played here.
Mr. Speaker, I beg my friends on the other side: Please don't do what
they did 2 weeks ago when they whipped against the funding bill to shut
the government down. If they don't like tax cuts, I understand;
vot against them. If they don't want to vote for the funding of the
government and they want to shut it down, fine, take that vote.
But here and now, right before Christmas, don't vote against aid for
Americans who just lost everything. They don't understand the politics
in it. Don't vote against aid we promised to deliver. Don't vote
against aid we worked so hard together to put on this floor.
Washington, D.C., can be far from our homes. We may all be dreaming
of being home with our kids, eating Christmas dinner, opening presents,
and enjoying time with our family and friends; but what we do here and
now has consequences. What we do here and now will either give tens of
thousands of people something to hope for this Christmas, or take that
hope away.
We can deliver that hope if those who stood with me on the flood
plains of Texas and on the burnt hills of California keep the promise
they made. We can deliver that hope if those who worked with us for so
long continue to work with us today.
People need our help. Vote to give them the help they need, the help
we all promised.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
the Virgin Islands (Ms. Plaskett).
Ms. PLASKETT. Mr. Speaker, I thank the gentlewoman for yielding time
to me.
Mr. Speaker, at this moment I would like to speak on behalf of the
people who I represent, the people of the Virgin Islands.
I am thankful that this House has decided that they wanted to work in
a bipartisan manner on supplemental aid for the unprecedented disasters
that have occurred in the Virgin Islands.
I did hear the voice of so many of my colleagues who said that they
would be willing to do whatever was necessary to support the people of
the Virgin Islands.
But right now, as I stand here, people of the Virgin Islands, almost
60 percent of them, still do not have power.
{time} 1545
I have no power in my own home, and those of you in Florida, Texas,
and in other places would not stand for that. But you expect us to
stand for it. We are supposed to muddle through.
We are only supposed to have hope this Christmas of what is supposed
to come?
Mr. Speaker, you can have hope at your Christmas dinner because you
have got some lights on. My house I will go empty to, it will be cold,
and it will be dark there until my husband and I crank up the generator
and get it going for a couple of hours so that maybe we can wash, cook
some food, and turn it back off again later in the day.
Today, I am urging my colleagues to vote ``no'' on H.R. 4667, not
because I don't want supplemental support, not because the people of
the Virgin Islands don't need it, but because I understand that I have
said, when this measure was unveiled, that the funding in this bill is
woefully insufficient, and it has not improved since that time.
This measure provides only $81 billion to be split between Texas,
Florida, Puerto Rico, the Virgin Islands, and other places. If history
is any indication, that money is not going to get to the people of the
Virgin Islands, because while the California delegation and the Texas
delegation can lobby in late hours to get what they need in the bill, I
am the only person from the Virgin Islands here to support the people
of the Virgin Islands. Not only do I not get invited to those
negotiations, I don't even have a vote when the bill that comes to
providing for the people that I represent comes on this floor.
One of the things that is noticeably absent from this disaster
package is funding for Medicaid programs, the same type of funding that
was put in, in discussions for Katrina, for the people of Texas and
Louisiana.
The government of the Virgin Islands cannot shoulder the current
burden of the local matching requirements for Medicaid funding which
the government of the Virgin Islands has recently submitted to be $64
million and an additional $50 million. The government of the Virgin
Islands has respectfully requested that the Medicaid provisions, that
the cap be removed, the arbitrary cap be removed for us for a period of
time for us to be stabilized and for 100 percent the same way it was
for Katrina in other places be given to us.
Now, the people of the Virgin Islands and the people of Puerto Rico--
I know it may be news to many people--but we are U.S. citizens. We
decide to live on an island because that is where we were brought.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from the Virgin Islands.
Ms. PLASKETT. Because of that, we have been treated
disproportionately and unfairly in the ways that some of this funding
has come about.
In addition, the bill does not include important local cost-share
waivers for the Virgin Islands and contains unnecessary limitations on
the ability of the Virgin Islands to use Federal assistance to rebuild
with more resilience.
Furthermore, the Virgin Islands cannot wait for the community
development funds provided in this bill. HUD should immediately award
community development funds to the Virgin Islands on the damage
assessments that have been completed.
Those are things that I can get around. Those are real support in a
real bill that is really working in a bipartisan way to help all
Americans--not just delegations who can get together in the dark of the
night and in the cold of the night and make provisions for themselves
leaving those of us. I have told my colleagues on this side of the
aisle that they are going to pick off Puerto Rico and the Virgin
Islands, we are going to be left out.
Some of you are going to get what you want, and you are going to vote
for
[[Page H10393]]
this. Once again, the people who have no vote on this floor, the people
who have no say in this country, although they are U.S. citizens, are
going to be left out.
Mr. Speaker, I am urging all of my colleagues to vote ``no.''
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself 1 minute to close.
Mr. Speaker, I would like to reiterate that the bill before us is
insufficient to meet the needs of those living in Puerto Rico and the
Virgin Islands. Months after hurricanes devastated the islands,
hundreds, if not thousands, of Americans have died, and far too many
people are living without basic necessities that all Americans should
have.
I include in the Record a letter from Puerto Rico's Resident
Commissioner, Jenniffer Gonzalez-Colon, which requests Medicaid
assistance and 100 percent Federal costs for FEMA and Army Corps
projects which are not included in the bill.
Congress of the United States,
House of Representatives,
Washington, DC, December 20, 2017.
Hon. Thad Cochran,
Chairman, Appropriations Committee, U.S. Senate, Washington,
DC.
Hon. Patrick J. Leahy,
Ranking Member, Appropriations Committee, U.S. Senate,
Washington, DC.
Hon. Rodney Frelinghuysen,
Chairman, Appropriations Committee, House of Representatives,
Washington, DC.
Hon. Nita M. Lowey,
Ranking Member, Appropriations Committee, House of
Representatives, Washington, DC.
Dear Chairmen Cochran and Frelinghuysen and Ranking Members
Leahy and Lowey: I write to draw your attention to several
disaster supplemental appropriations matters that are
important to Puerto Rico's recovery from the catastrophic
damage caused by Hurricanes Irma and Maria. The revisions I
propose to the disaster supplemental legislation that
Congress is currently considering are necessary for
rebuilding the lives of the 3.4 million U.S. citizens who
live on the island.
Regarding any federal funding for Medicaid in Puerto Rico,
it is imperative that disaster supplemental legislation
provide that for not less than two years Puerto Rico will
receive 100% federal funding (FMAP). This funding is
necessary because there is no question about Puerto Rico's
looming Medicaid crisis: within the first months of 2018,
absent emergency funding, Puerto Rico's Medicaid program will
exhaust its current funds and the island's Medicaid system
will collapse, which will bring to a halt Puerto Rico's
entire healthcare system.
The disaster supplemental legislation must be revised so to
statutorily waive for two years Puerto Rico's state cost
share for FEMA Public Assistance. Moreover, the disaster
supplemental legislation must be revised so to include a two
year waiver of the cost-sharing requirements for all Army
Corps of Engineers projects in Puerto Rico.
As you know, the recent hurricanes have destroyed Puerto
Rico. The lives of millions of U.S. citizens are now in the
federal government's hands. I look forward to continuing to
work with you to move forward the proposals I have outlined
in this letter. Together we can rebuild Puerto Rico better
than ever and make the island anew. At this moment, the
federal government has an opportunity to demonstrate
America's commitment to all its citizens, including those who
reside in Puerto Rico.
Sincerely,
Jenniffer Gonzalez-Colon,
Member of Congress, PR-At Large.
Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, this bill--put together after eight public hearings,
input from all Governors, all Members of Congress, and all Delegates,
especially those who represent Texas, Florida, Louisiana, Puerto Rico,
the Virgin Islands, and California--represents a fair and a
compassionate treatment of all hurricane and fire victims.
Like the first two emergency supplementals put together by our
leadership, our committee, and Congress, we acted within days to help.
I ask that we do it again this afternoon without delay. Get this $81
billion disaster package into the hands of the States, the territories,
and the communities that continue to suffer.
Let me associate myself with the remarks of our majority leader.
Let's get the money into those communities that have been suffering.
That money is going to the Virgin Islands, it is going to Puerto Rico,
and it is going to Florida, Texas, and California. There has been no
discrimination at all.
This bill has been put together with the cooperation of all the
chairs and ranking members, and it deserves to be acted on promptly.
People are suffering. Let's get the money out the door to help them as
we have done in the past on the first two supplementals.
Mr. Speaker, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I rise in support of Division B of this
bill, which has bipartisan, bicameral support of the leadership of the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate. It includes H.R. 4460, the ``Disaster Recovery
Reform Act'', and several other Federal Emergency Management Agency
(FEMA) bills that passed the House earlier this year.
While there are many good provisions in Division B, I will focus my
comments on a few provisions that I believe will have the most impact
in making the United States a leader in disaster recovery. Under
Division B, the Nation will be on the right track to build stronger and
more resilient communities and it will encourage better behavior before
and after disaster strikes.
We know that for every dollar invested in mitigation to make our
communities stronger before disaster strikes, the taxpayer saves $3 to
$4 in future disaster costs. Section 2036 of this bill furthers the
goal of investing in mitigation before disaster strikes by establishing
a steady funding stream for FEMA's Predisaster Mitigation (PDM)
program.
Under Section 2036, the President must provide a specific amount of
additional funding from the Disaster Relief Fund for the PDM program.
The specific amount of additional funding is equal to six percent of
the estimated amount of disaster assistance provided for each major
disaster. The President will then distribute these funds in accordance
with existing law, with a certain amount provided to each State and the
remainder made available through a competitive grant process.
Section 2036 uses language similar to language in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)
authorizing FEMA's Hazard Mitigation Grant Program (HMGP), which is
mandatory funding provided post-disaster with each disaster
declaration. Although Section 2036 uses the term ``may'', the intent is
that FEMA will set aside funds for the PDM program, just as they do for
HMGP. We have had several bipartisan conversations with FEMA confirming
that FEMA understands the intent of this section and will interpret the
``may set-aside'' language included in section 2036 as mandatory. The
mandatory funding for the PDM program from the Disaster Relief Fund
required under this section will provide consistency to a program with
a proven record of saving taxpayers money.
In addition, section 2036 authorizes FEMA to withdraw and
redistribute funds that remain unobligated three fiscal years after
FEMA awarded the funds to the grantee. The intent of this provision is
to provide FEMA with discretionary authority to move funding that is
not being used to States and projects that will use it. However, FEMA
is not required to withdraw these funds from grantees and shall make
these decisions on a case-by-case basis. For instance, a grantee may
have commenced work on a project or is actively working on a project
but the project is not at the point where funds need to be obligated.
In this instance, we would not expect FEMA to withdraw the funds.
In addition, while this section will apply to PDM funds awarded prior
to enactment of this Division, the intent is to give grantees three
fiscal years from the date of enactment of this Act to obligate these
funds. Grantees with existing PDM funds are now on notice that they
have three years to obligate these funds or at least be actively
working on projects that will allow those funds to be obligated shortly
thereafter.
I have noted time and time again how nonsensical it is that the
Federal Government pays to rebuild communities after a disaster to
inadequate standards only to have those facilities destroyed again by a
later disaster, with the Federal Government once again on the hook for
the cost of rebuilding. Under this legislation, this nonsense will
finally stop. Section 2037 requires communities to rebuild to the
latest consensus-based, design standards and in a more resilient
manner, thereby ensuring stronger, smarter facilities going forward.
The cycle of repeatedly rebuilding and repairing disaster-damaged
public infrastructure will end under this measure.
Although FEMA must define ``resilient'' and ``resiliency'' pursuant
to regulations within two years of the date of enactment of this Act,
FEMA is required to adopt guidance to immediately implement the
``resiliency'' requirements of this legislation. The need for resilient
construction has become even more apparent after the 2017 disaster
season. FEMA must use this opportunity to invest taxpayer funds wisely
while saving lives and reducing injuries. FEMA has the ability to
ensure that the United
[[Page H10394]]
States leads the way in disaster recovery and I urge FEMA to seize this
moment.
Accordingly, as FEMA works to develop the definition of ``resilient''
and ``resiliency'', the agency needs to ensure that it takes into
account the extent to which the improved facilities:
reduce deaths and injuries during and after a major disaster;
sustain minimal damage allowing the facility to continue to provide
the primary function and services of the facility during and after a
natural hazard;
prepare for and withstand all hazards that could result in a major
disaster; and
reduce the magnitude or duration of a disruption to the facility's
primary function and services to a facility.
In addition, any ``resilient'' facility should be constructed:
in consideration of current and future environmental conditions based
upon the best-available science, changes in demand, and extreme weather
events;
to reduce potential disruptions to the facility, including by
building in operational redundancies, and increasing the ability of the
facility to recover more rapidly; using techniques and materials that
have the absorptive capacity, adaptive capacity, and recoverability to
withstand a potentially disruptive event;
to the maximum extent practicable, using durable and sustainable
material; and
to incorporate, to the maximum extent practicable, natural and
nature-based measures and energy efficiency improvements.
Currently, FEMA provides HMGP funds when a State receives a disaster
declaration, but HMGP funds are not provided when a State receives a
Fire Management Assistance Grant to respond to wildfires on non-Federal
lands. Unfortunately, wildfires destroy the landscape often causing
mudslides and flooding that then result in a disaster declaration.
Under Division B, States will receive HMGP funds if they have received
Fire Management Assistance Grants to respond to wildfires. With HMGP
funds, States will be able to restore landscapes and vegetation
destroyed by wildfires and make the land less susceptible to future
mudslides and floods. This legislation also clarifies that wildfire-
related mitigation activities are eligible under both the PDM and HMGP
programs. Together, these provisions will help prevent wildfires and
related disasters and I commend our colleague from California (Mr.
Ruiz) for his leadership on these issues.
Division B also clarifies that earthquake-related activities are
eligible for mitigation assistance. The West Coast faces the most risk
from multiple and extreme earthquakes, and Oregon is long overdue for
an earthquake and tsunami on the Cascadia Subduction Zone. Yet, the
United States' earthquake early warning system lags behind those of
other nations. Clarifying for grantees that mitigation funds are
available for earthquake-related activities will save lives and reduce
injuries in a future disaster.
Finally, important to the State of Oregon, section 2029 clarifies
that for purposes of the National Flood Insurance Program (NFIP), FEMA
is not responsible for privately funded actions taken by private
parties on private land. Under actions proposed by the National Marine
Fisheries Service, the entire State of Oregon would become a critical
habitat, seriously impeding economic development. The proposed
requirements, are so onerous, the State of Oregon, which already has
strict land use regulations, would have difficulty implementing them,
as they violate federal and state property rights. This provision will
help ensure that FEMA implements the NFIP in a manner that is
consistent from state-to-state and does not become a land use
regulatory agency.
I support all of these important provisions and urge their adoption.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 670, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. Pursuant to clause 10 of rule XX, the yeas
and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings are postponed.
____________________