[Congressional Record Volume 165, Number 15 (Thursday, January 24, 2019)]
[Senate]
[Pages S624-S631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 43. Mr. SHELBY submitted an amendment intended to be proposed by
him to the bill H.R. 268, making supplemental appropriations for the
fiscal year ending September 30, 2019, and for other purposes; which
was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019
Sec. 101. The Continuing Appropriations Act, 2019
(division C of Public Law 115-245) is further amended--
(1) by striking the date specified in section 105(3) and
inserting ``February 8, 2019''; and
(2) by adding after section 136 the following:
``Sec. 137. Notwithstanding any other provision of this
Act, and in addition to amounts otherwise made available by
this Act for `U.S. Custom and Border Protection--Procurement,
Construction, and Improvements', there is appropriated
$5,700,000,000 for an additional amount for fiscal year 2019,
to remain available until September 30, 2023, for purposes
authorized by section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208)
as amended by section 564 of the Consolidated Appropriations
Act, 2008 (Public Law 110-161), to include activities
authorized under section 1103(b) of title 8, United States
Code.''.
This division may be cited as the ``Further Additional
Continuing Appropriations Act, 2019''.
DIVISION B--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF,
2019
The following sums in this division are appropriated, out
of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2019, and for other
purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for the ``Office of the
Secretary'', $3,005,442,000, which shall remain available
until December 31, 2020, for necessary expenses related to
losses of crops (including milk and harvested adulterated
wine grapes), trees, bushes, and vines, as a consequence of
Hurricanes Michael or Florence, other hurricanes, typhoons,
volcanic activity, or wildfires occurring in calendar year
2018 under such terms and conditions as determined by the
Secretary: Provided, That the Secretary may provide
assistance for such losses in the form of block grants to
eligible states and territories and such assistance may
include compensation to producers, as determined by the
Secretary, for past or future crop insurance premiums, forest
restoration, and poultry and livestock losses: Provided
further, That of the amounts provided under this heading,
tree assistance
[[Page S625]]
payments may be made under section 1501(e) of the
Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible
orchardists or nursery tree growers (as defined in such
section) of pecan trees with a tree mortality rate that
exceeds 7.5 percent (adjusted for normal mortality) and is
less than 15 percent (adjusted for normal mortality), to be
available until expended, for losses incurred during the
period beginning January 1, 2018, and ending December 31,
2018: Provided further, That in the case of producers
impacted by volcanic activity that resulted in the loss of
crop land, or access to crop land, the Secretary shall
consider all measures available, as appropriate, to bring
replacement land into production: Provided further, That the
total amount of payments received under this heading and
applicable policies of crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop
Disaster Assistance Program (NAP) under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) shall not exceed 90 percent of the loss as
determined by the Secretary: Provided further, That the
total amount of payments received under this heading for
producers who did not obtain a policy or plan of insurance
for an insurable commodity for the applicable crop year under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses or did not file the required
paperwork and pay the service fee by the applicable State
filing deadline for a noninsurable commodity for the
applicable crop year under NAP for the crop incurring the
losses shall not exceed 70 percent of the loss as determined
by the Secretary: Provided further, That producers receiving
payments under this heading, as determined by the Secretary,
shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years,
excluding tree insurance policies, and producers receiving
payments under this heading shall be required to purchase
coverage under NAP where crop insurance is not available in
the next two available crop years, as determined by the
Secretary: Provided further, That, not later than 120 days
after the end of fiscal year 2019, the Secretary shall submit
a report to the Congress specifying the type, amount, and
method of such assistance by state and territory: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Farm Service Agency
emergency forest restoration program
For an additional amount for the ``Emergency Forest
Restoration Program'', for necessary expenses related to the
consequences of Hurricanes Michael and Florence and wildfires
occurring in calendar year 2018, and other natural disasters,
$480,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood
Prevention Operations'', for necessary expenses for the
Emergency Watershed Protection Program related to the
consequences of Hurricanes Michael and Florence and wildfires
occurring in calendar year 2018, and other natural disasters,
$125,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Rural Development
rural community facilities program account
For an additional amount for the cost of grants for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, for necessary expenses related to
the consequences of Hurricanes Michael and Florence and
wildfires occurring in calendar year 2018, and other natural
disasters, $150,000,000, to remain available until expended:
Provided, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. In addition to amounts otherwise made available,
out of the funds made available under section 18 of Food and
Nutrition Act of 2008, $25,200,000 shall be available for the
Secretary to provide a grant to the Commonwealth of the
Northern Mariana Islands for disaster nutrition assistance in
response to the Presidentially declared major disasters and
emergencies: Provided, That funds made available to the
Commonwealth of the Northern Mariana Islands under this
section shall remain available for obligation by the
Commonwealth until September 30, 2020: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 102. For purposes of administering title I of
subdivision 1 of division B of the Bipartisan Budget Act of
2018 (Public Law 115-123), losses to agricultural producers
resulting from hurricanes shall also include losses incurred
from Tropical Storm Cindy and losses of peach and blueberry
crops in calendar year 2017 due to extreme cold: Provided,
That the amounts provided by this section are designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further,
That amounts repurposed under this heading that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 103. (a)(1) Except as provided in paragraph (2), a
person or legal entity is not eligible to receive a payment
under the Market Facilitation Program established pursuant to
the Commodity Credit Corporation Charter Act (15 U.S.C. 714
et seq.) if the average adjusted gross income of such person
or legal entity is greater than $900,000.
(2) Paragraph (1) shall not apply to a person or legal
entity if at least 75 percent of the adjusted gross income of
such person or legal entity is derived from farming,
ranching, or forestry related activities.
(b) A person or legal entity may not receive a payment
under the Market Facilitation Program described in subsection
(a)(1), directly or indirectly, of more than $125,000.
(c) In this section, the term ``average adjusted gross
income'' has the meaning given the term defined in section
760.1502 of title 7 Code of Federal Regulations (as in effect
July 18, 2018).
(d) The amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount
for ``Economic Development Assistance Programs'' for
necessary expenses related to flood mitigation, disaster
relief, long-term recovery, and restoration of infrastructure
in areas that received a major disaster designation as a
result of Hurricanes Florence, Michael, and Lane, Typhoons
Yutu and Mangkhut, and of wildfires, volcanic eruptions,
earthquakes, and other natural disasters occurring in
calendar year 2018 under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$600,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That within the amount appropriated,
up to 2 percent of funds may be transferred to the ``Salaries
and Expenses'' account for administration and oversight
activities: Provided further, That within the amount
appropriated, $1,000,000 shall be transferred to the ``Office
of Inspector General'' account for carrying out
investigations and audits related to the funding provided
under this heading.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the
consequences of Hurricanes Florence and Michael, Typhoon
Yutu, and of wildfires, $120,570,000, to remain available
until September 30, 2020, as follows:
(1) $3,000,000 for repair and replacement of observing
assets, real property, and equipment;
(2) $11,000,000 for marine debris assessment and removal;
(3) $31,570,000 for mapping, charting, and geodesy
services;
(4) $25,000,000 to improve: (a) hurricane intensity
forecasting, including through deployment of unmanned ocean
observing platforms and enhanced data assimilation; (b) flood
prediction, forecasting, and mitigation capabilities; and (c)
wildfire prediction, detection, and forecasting; and
(5) $50,000,000 for Title IX Fund grants as authorized
under section 906(c) of division O of Public Law 114-113:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the National
Oceanic and Atmospheric Administration shall submit a
spending plan to the Committees on Appropriations of the
House of Representatives and the Senate for funding provided
under subsection (4) of this heading within 45 days after the
date of enactment of this division.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'',
[[Page S626]]
$25,000,000, to remain available until September 30, 2021,
for improvements to operational and research weather
supercomputing infrastructure and satellite ground services
used for hurricane intensity and track prediction; flood
prediction, forecasting, and mitigation; and wildfire
prediction, detection, and forecasting: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the National Oceanic and
Atmospheric Administration shall submit a spending plan to
the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date
of enactment of this division.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster
Assistance'' for necessary expenses associated with the
mitigation of fishery disasters, $150,000,000, to remain
available until expended: Provided, That funds shall be used
for mitigating the effects of commercial fishery failures and
fishery resource disasters declared by the Secretary of
Commerce, including those declared by the Secretary to be a
direct result of Hurricanes Florence and Michael and Typhoons
Yutu and Mangkhut: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Florence and Michael and Typhoon Yutu, $1,336,000: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities''
for necessary expenses related to the consequences of
Hurricanes Florence and Michael and Typhoon Yutu,
$28,400,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal
Services Corporation'' to carry out the purposes of the Legal
Services Corporation Act by providing for necessary expenses
related to the consequences of Hurricanes Florence, Michael,
and Lane, Typhoons Yutu and Mangkhut, and calendar year 2018
wildfires, volcanic eruptions, and earthquakes, $15,000,000:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That none of the
funds appropriated in this 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 2018 and 2019, respectively, and except that
sections 501 and 503 of Public Law 104-134 (referenced by
Public Law 105-119) shall not apply to the amount made
available under this heading: Provided further, That, for
the purposes of this division, the Legal Services Corporation
shall be considered an agency of the United States
Government.
TITLE III
DEPARTMENT OF DEFENSE
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $200,000,000, for necessary expenses related
to the consequences of Hurricanes Michael and Florence:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $400,000,000, for necessary expenses related to
the consequences of Hurricanes Michael and Florence:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for
necessary expenses related to the completion, or initiation
and completion, of flood and storm damage reduction,
including shore protection, studies which are currently
authorized or which are authorized after the date of
enactment of this division, to reduce risk from future floods
and hurricanes, at full Federal expense, $35,000,000, to
remain available until expended, for high priority studies of
projects in States and insular areas that were impacted by
Hurricanes Florence and Michael, Typhoon Mangkhut, Super
Typhoon Yutu, and Tropical Storm Gita: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report directly
to the Committees on Appropriations of the House and the
Senate detailing the allocation and obligation of these
funds, including new studies selected to be initiated using
funds provided under this heading, beginning not later than
60 days after the date of enactment of this division.
construction
For an additional amount for ``Construction'' for necessary
expenses, $740,000,000, to remain available until expended,
to construct flood and storm damage reduction, including
shore protection, projects which are currently authorized or
which are authorized after the date of enactment of this
division, and flood and storm damage reduction, including
shore protection, projects which have signed Chief's Reports
as of the date of enactment of this division or which are
studied using funds provided under the heading
``Investigations'' if the Secretary determines such projects
to be technically feasible, economically justified, and
environmentally acceptable, in States and insular areas that
were impacted by Hurricanes Florence and Michael, Typhoon
Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita:
Provided, That projects receiving funds provided under the
first proviso in ``Title IV--Corps of Engineers--Civil--
Department of the Army--Construction'' in Public Law 115-123
shall not be eligible for funding provided under this
heading: Provided further, That for projects receiving funds
provided under this heading, the provisions of Section 902 of
the Water Resources Act of 1986 shall not apply to these
funds: Provided further, That the completion of ongoing
construction projects receiving funds provided under this
heading shall be at full Federal expense with respect to such
funds: Provided further, That using funds provided under
this heading, the non-Federal cash contribution for projects
other than ongoing construction projects shall be financed in
accordance with the provisions of section 103(k) of Public
Law 99-662 over a period of 30 years from the date of
completion of the project or separable element: Provided
further, That up to $25,000,000 of the funds made available
under this heading shall be used for continuing authorities
projects to reduce the risk of flooding and storm damage:
Provided further, That any projects using funds appropriated
under this heading shall be initiated only after non-Federal
interests have entered into binding agreements with the
Secretary requiring, where applicable, the non-Federal
interests to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs of the project
and to hold and save the United States free from damages due
to the construction or operation and maintenance of the
project, except for damages due to the fault or negligence of
the United States or its contractors: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report directly
to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after the date of enactment of this division.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for necessary expenses to address emergency
situations at Corps of Engineers projects and rehabilitate
and repair damages to Corps of Engineers projects, caused by
natural disasters, $225,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide
a monthly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation and obligation of these funds, beginning not later
than 60 days after the date of enactment of this division.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
for necessary expenses to dredge Federal navigation projects
in response to, and repair damages to Corps of Engineers
Federal projects caused by, natural disasters, $245,000,000,
to remain available until expended, of which such sums as are
necessary to cover the Federal share of eligible operation
and maintenance costs for coastal harbors and channels, and
for inland
[[Page S627]]
harbors shall be derived from the Harbor Maintenance Trust
Fund: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide
a monthly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation and obligation of these funds, beginning not later
than 60 days after the date of enactment of this division.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For an additional amount for ``Central Utah Project
Completion Account'', $350,000, to be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by
the Utah Reclamation Mitigation and Conservation Commission,
to remain available until expended, for expenses necessary in
carrying out fire remediation activities related to wildfires
in 2018: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related
Resources'', $15,500,000, to remain available until expended,
for fire remediation and suppression emergency assistance
related to wildfires in 2017 and 2018: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE V
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Michael, Florence, and Lane, Tropical Storm Gordon, and
Typhoon Mangkhut, $46,977,000, to remain available until
September 30, 2020: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Michael, Florence, and Lane,
Tropical Storm Gordon, and Typhoon Mangkhut, $476,755,000, to
remain available until September 30, 2023: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
environmental compliance and restoration
For an additional amount for ``Environmental Compliance and
Restoration'' for necessary expenses related to the
consequences of Hurricanes Michael and Florence, $2,000,000,
to remain available until September 30, 2023: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE VI
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Florence,
Lane, and Michael, and flooding associated with major
declared disaster DR-4365, and calendar year 2018
earthquakes, $82,400,000, to remain available until expended:
Provided, That of this amount $50,000,000 shall be used to
restore and rebuild national wildlife refuges and increase
the resiliency and capacity of coastal habitat and
infrastructure to withstand storms and reduce the amount of
damage caused by such storms: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricanes Florence and Michael, and Typhoon Yutu,
$50,000,000, to remain available until September 30, 2022,
including costs to States and territories necessary to
complete compliance activities required by section 306108 of
title 54, United States Code (formerly section 106 of the
National Historic Preservation Act) and costs needed to
administer the program: Provided, That grants shall only be
available for areas that have received a major disaster
declaration pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided further, That individual grants shall not be
subject to a non-Federal matching requirement: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Florence
and Michael, Typhoons Yutu and Mangkhut, and calendar year
2018 wildfires, earthquakes, and volcanic eruptions,
$78,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences
of Hurricanes Florence and Michael, and calendar year 2018
wildfires, earthquake damage associated with emergency
declaration EM-3410, and in those areas impacted by a major
disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
with respect to calendar year 2018 wildfires or volcanic
eruptions, $98,500,000, to remain available until expended:
Provided, That of this amount, $72,310,000 is for costs
related to the repair and replacement of equipment and
facilities damaged by disasters in 2018: Provided further,
That, not later than 90 days after enactment of this
division, the Survey shall submit a report to the Committees
on Appropriations that describes the potential options to
replace the facility damaged by the 2018 volcano disaster
along with cost estimates and a description of how the Survey
will provide direct access for monitoring volcanic activity
and the potential threat to at-risk communities: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Departmental Offices
Insular Affairs
assistance to territories
For an additional amount for ``Technical Assistance'' for
financial management expenses related to the consequences of
Typhoon Yutu, $2,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of major
disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in 2018, $1,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For an additional amount for ``Science and Technology'' for
necessary expenses related to improving preparedness of the
water sector, $600,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage
Tank Fund'' for necessary expenses related to the
consequences of Hurricanes Florence and Michael, calendar
year 2018 earthquakes, and Typhoon Yutu, $1,500,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
State and Tribal Assistance Grants
For additional amounts for ``State and Tribal Assistance
Grants'' for necessary expenses related to the consequences
of Hurricanes Florence and Michael and calendar year 2018
earthquakes for the hazardous waste financial assistance
grants program, $1,500,000, to remain available until
expended; for necessary expenses related to the consequences
of Typhoon Yutu for the hazardous waste financial assistance
grants program and for other solid waste management
activities, $56,000,000, to remain available until expended,
provided that none of these funds shall be subject to section
3011(b) of the Solid Waste Disposal Act; and for grants under
section 106 of the Federal Water Pollution Control Act,
$5,000,000, to remain available until expended, to address
impacts of Hurricane Florence, Hurricane Michael, Typhoon
Yutu, and calendar year 2018 wildfires,
[[Page S628]]
notwithstanding subsections (b), (e), and (f), of such
section: Provided, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
For an additional amount for ``State and Tribal Assistance
Grants'', $349,400,000 to remain available until expended, of
which $53,300,000 shall be for capitalization grants for the
Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act, and of which
$296,100,000 shall be for capitalization grants under section
1452 of the Safe Drinking Water Act: Provided, That
notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking
Water Act, funds appropriated herein shall be provided to
States in EPA Regions 4, 9, and 10 in amounts determined by
the Administrator for wastewater treatment works and drinking
water facilities impacted by Hurricanes Florence and Michael,
Typhoon Yutu, and calendar year 2018 wildfires and
earthquakes: Provided further, That notwithstanding the
requirements of section 603(i) of the Federal Water Pollution
Control Act and section 1452(d) of the Safe Drinking Water
Act, for the funds appropriated herein, each State shall use
not less than 20 percent but not more than 30 percent amount
of its capitalization grants to provide additional
subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants
or any combination of these: Provided further, That the
Administrator shall retain $10,400,000 of the funds
appropriated herein for grants for drinking water facilities
and waste water treatment plants impacted by Typhoon Yutu:
Provided further, That the funds appropriated herein shall be
used for eligible projects whose purpose is to reduce flood
or fire damage risk and vulnerability or to enhance
resiliency to rapid hydrologic change or natural disaster at
treatment works as defined by section 212 of the Federal
Water Pollution Control Act or any eligible facilities under
section 1452 of the Safe Drinking Water Act, and for other
eligible tasks at such treatment works or facilities
necessary to further such purposes: Provided further, That
the Administrator of the Environmental Protection Agency may
retain up to $1,000,000 of the funds appropriated herein for
management and oversight: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland
Research'' for necessary expenses related to the consequences
of Hurricanes Florence and Michael, and the calendar year
2018 wildfires, $1,000,000, to remain available until
expended for the forest inventory and analysis program:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
state and private forestry
For an additional amount for ``State and Private Forestry''
for necessary expenses related to the consequences of
Hurricanes Florence and Michael, and the calendar year 2018
wildfires, $12,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes
Florence and Michael, and the calendar year 2018 wildfires,
$84,960,000, to remain available until expended: Provided,
That of this amount $21,000,000 shall be used for hazardous
fuels management activities: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for necessary expenses related to the
consequences of Hurricanes Florence and Michael, and the
calendar year 2018 wildfires, $36,040,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$720,271,000, to remain available through September 30, 2022,
for urgent wildland fire suppression operations: Provided,
That such funds shall be solely available to be transferred
to and merged with other appropriations accounts from which
funds were previously transferred for wildland fire
suppression in fiscal year 2018 to fully repay those amounts:
Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of
Environmental Health Sciences'' for necessary expenses in
carrying out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986
related to the consequences of major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 2018,
$1,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISION--THIS TITLE
Sec. 601. Not later than 45 days after the date of
enactment of this division, the agencies receiving funds
appropriated by this title shall provide a detailed operating
plan of anticipated uses of funds made available in this
title by State and Territory, and by program, project, and
activity, to the Committees on Appropriations: Provided,
That no such funds shall be obligated before the operating
plans are provided to the Committees: Provided further, That
such plans shall be updated, including obligations to date,
and submitted to the Committees on Appropriations every 60
days until all such funds are expended.
TITLE VII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For an additional amount for ``Training and Employment
Services'', $50,000,000, for the dislocated workers
assistance national reserve for necessary expenses directly
related to the consequences of Hurricanes Florence and
Michael, Typhoon Mangkhut, Super Typhoon Yutu, or earthquakes
and wildfires occurring in calendar year 2018, to remain
available through September 30, 2020: Provided, That the
Secretary of Labor may transfer up to $1,000,000 of such
funds to any other Department of Labor account for
reconstruction and recovery needs, including worker
protection activities: Provided further, That these sums may
be used to replace grant funds previously obligated to the
impacted areas: Provided further, That of the amount
provided, up to $500,000, to remain available until expended,
shall be transferred to ``Office of Inspector General'' for
oversight of activities responding to such consequences:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
health surveillance and program support
For an additional amount for ``Health Surveillance and
Program Support'', $30,000,000, to remain available until
September 30, 2019, for grants, contracts and cooperative
agreements for behavioral health treatment, crisis
counseling, and other related helplines, and for other
similar programs to provide support to individuals impacted
by Hurricanes Florence and Michael, Typhoon Mangkhut, Super
Typhoon Yutu, and earthquakes and wildfires occurring in 2018
in those areas for which a major disaster or emergency has
been declared under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 and 5191): Provided, That obligations incurred
for the purposes provided herein prior to the date of
enactment of this Act may be charged to funds appropriated
under this heading: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Children and Families
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $60,000,000, to remain available until
September 30, 2021, for Head Start programs, including making
payments under the Head Start Act, for necessary expenses
directly related to the consequences of Hurricanes Florence
and Michael, Typhoon Mangkhut, Super Typhoon Yutu, and
earthquakes and wildfires in 2018 in those areas for which a
major disaster or emergency has been declared under section
401 or 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 and 5191):
Provided, That none of the funds appropriated in this
paragraph shall be included in the calculation of the ``base
grant'' in subsequent fiscal years, as such term is defined
in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the
Head Start Act: Provided further, That funds appropriated in
this paragraph are not subject to the allocation requirements
of section 640(a)
[[Page S629]]
of the Head Start Act: Provided further, That funds
appropriated in this paragraph shall not be available for
costs that are reimbursed by the Federal Emergency Management
Agency, under a contract for insurance, or by self-insurance:
Provided further, That up to $2,000,000 shall be available
for Federal administrative expenses: Provided further, That
obligations incurred for the purposes provided herein prior
to the date of enactment of this Act may be charged to funds
appropriated under this heading: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF EDUCATION
education recovery
(including transfer of funds)
For an additional amount for ``Education Recovery'' for
necessary expenses related to the consequences of Hurricanes
Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu,
wildfires in 2018, or the volcanic eruption and earthquakes
in 2018 in those areas for which a major disaster or
emergency has been declared under section 401 or 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 and 5191) (referred to under this heading
as a ``covered disaster or emergency''), $165,000,000, to
remain available through September 30, 2019: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such assistance may be provided
through any of the programs authorized under this heading in
division B of title VIII of Public Law 115-123 (as amended by
Public Law 115-141), as determined by the Secretary of
Education, and subject to the terms and conditions that
applied to those programs, except that references to dates
and school years in Public Law 115-123 shall be deemed to be
the corresponding dates and school years for the covered
disaster or emergency: Provided further, That the Secretary
of Education may determine the amounts to be used for each
such program and shall notify the Committees on
Appropriations of the House of Representatives and the Senate
of these amounts not later than 7 days prior to obligation:
Provided further, $2,000,000 of the funds made available
under this heading, to remain available until expended, shall
be transferred to the Office of the Inspector General of the
Department of Education for oversight of activities supported
with funds appropriated under this heading, and up to
$1,000,000 of the funds made available under this heading
shall be for program administration.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. Not later than 30 days after the date of
enactment of this Act, the Secretaries of Labor, Health and
Human Services, and Education shall provide a detailed spend
plan of anticipated uses of funds made available in this
title, including estimated personnel and administrative
costs, to the Committees on Appropriations: Provided, That
such plans shall be updated and submitted to the Committees
on Appropriations every 60 days until all funds are expended
or expire.
TITLE VIII
LEGISLATIVE BRANCH
Government Accountability Office
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until expended, for audits
and investigations related to Hurricanes Florence, Lane, and
Michael, Typhoons Yutu and Mangkhut, the calendar year 2018
wildfires, earthquakes, and volcano eruptions, and other
disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided, That, not later than 90 days after the
date of enactment of this division, the Government
Accountability Office shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spend plan specifying funding estimates for audits and
investigations of any such declared disasters occurring in
2018 and identifying funding estimates or carryover balances,
if any, that may be available for audits and investigations
of any other such declared disasters: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $115,000,000, to remain available until
September 30, 2023, for planning and design related to the
consequences of Hurricanes Florence and Michael on Navy and
Marine Corps installations: Provided, That none of the funds
shall be available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate
receive a master plan for the installations and a form 1391
for each specific project: Provided further, That, not later
than 60 days after enactment of this division, the Secretary
of the Navy, or his designee, shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate a detailed expenditure plan for funds provided under
this heading: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $700,000,000, to remain available until September
30, 2023, for planning and design, and construction expenses
related to the consequences of Hurricane Michael: Provided,
That none of the funds shall be available for obligation
until the Committees on Appropriations of the House of
Representatives and the Senate receive a basing plan and
future mission requirements for installations significantly
damaged by Hurricane Michael: Provided further, That, not
later than 60 days after enactment of this division, the
Secretary of the Air Force, or his designee, shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan
for funds provided under this heading: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $42,400,000, to remain available until
September 30, 2023, for necessary expenses related to the
consequences of Hurricanes Florence and Michael: Provided,
That none of the funds shall be available for obligation
until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60
days after enactment of this division, the Director of the
Army National Guard, or his designee, shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed expenditure plan for funds provided
under this heading: Provided further, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical facilities
(including transfer of funds)
For an additional amount for ``Medical Facilities'',
$3,000,000, to remain available until September 30, 2023, for
necessary expenses related to the consequences of Hurricanes
Florence and Michael and Typhoons Mangkhut and Yutu:
Provided, That the Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
as a result of the consequences of Hurricanes Florence and
Michael and Typhoons Mangkhut and Yutu, may transfer such
funds to any discretionary account of the Department of
Veterans Affairs: Provided further, That before a transfer
may take place, the Secretary of Veterans Affairs shall
submit notice thereof to the Committee on Appropriations of
the House of Representatives and the Senate: Provided
further, That none of these funds shall be available for
obligation until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan
for funds provided under this heading: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
public transportation emergency relief program
For an additional amount for the ``Public Transportation
Emergency Relief Program'' as authorized under section 5324
of title 49, United States Code, $10,542,000 to remain
available until expended, for transit systems affected by
major declared disasters occurring in calendar year 2018:
Provided, That not more than three-quarters of 1 percent of
the funds for public transportation emergency relief shall be
available for administrative expenses and ongoing program
management oversight as authorized under sections 5334 and
5338(f)(2) of such title and shall be in addition to any
other appropriations for such purpose: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Federal Aviation Administration
operations
(airport and airway trust fund)
Of the amounts made available for ``Federal Aviation
Administration--Operations'' in division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123), up to $18,000,000
shall also be available for necessary expenses related to the
consequences of major declared disasters occurring in
calendar year
[[Page S630]]
2018: Provided, That amounts repurposed under this heading
that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Highway Administration
emergency relief program
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $1,650,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development
Fund'', $1,060,000,000, 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 that
occurred in 2018 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 any funds made available under this
heading and under the same heading in Public Law 115-254 that
remain available, after the funds under such headings have
been allocated for necessary expenses for activities
authorized under such headings, shall be allocated to
grantees, for mitigation activities in the most impacted and
distressed areas resulting from a major disaster that
occurred in 2018: Provided further, That such allocations
shall be made in the same proportion that the amount of funds
each grantee received under this division and the same
heading in division I of Public Law 115-254 bears to the
amount of all funds provided to all grantees that received
allocations for disasters that occurred in 2018: Provided
further, That of the amounts made available under the text
preceding the first proviso under this heading and under the
same heading in Public Law 115-254, the Secretary shall
allocate to all such grantees an aggregate amount not less
than 33 percent of the sum of such amounts of funds within
120 days after the enactment of this division based on the
best available data, and shall allocate no less than 100
percent of such funds by no later than 180 days after the
enactment of this division: Provided further, That the
Secretary shall not prohibit the use of funds made available
under this heading and the same heading in Public Law 115-254
for non-Federal share as authorized by section 105(a)(9) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(9)): Provided further, That of the amounts made
available under this heading, grantees may establish grant
programs to assist small businesses for working capital
purposes to aid in recovery: Provided further, That as a
condition of making any grant, the Secretary shall certify in
advance that such grantee has in place proficient financial
controls and procurement processes and has established
adequate procedures to prevent any duplication of benefits as
defined by section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155), to
ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted
with these funds, and to detect and prevent waste, fraud, and
abuse of funds: Provided further, That with respect to any
such duplication of benefits, the Secretary shall act in
accordance with section 1210 of Public Law 115-254 (132 Stat.
3442) and section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155):
Provided further, That the Secretary shall require grantees
to maintain on a public website information containing common
reporting criteria established by the Department that permits
individuals and entities awaiting assistance and the general
public to see how all grant funds are used, including copies
of all relevant procurement documents, grantee administrative
contracts and details of ongoing procurement processes, as
determined by the Secretary: Provided further, That prior to
the obligation of funds a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all
funds, including criteria for eligibility and how the use of
these funds will address long-term recovery and restoration
of infrastructure and housing, economic revitalization, and
mitigation in the most impacted and distressed areas:
Provided further, That such funds may not be used for
activities reimbursed by, or for which funds have been made
available by, the Federal Emergency Management Agency or the
Army Corps of Engineers, in excess of the authorized amount
of the project or its components: Provided further, That
funds allocated under this heading shall not be considered
relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306): Provided further,
That a State, unit of general local government, or Indian
tribe may use up to 5 percent of its allocation for
administrative costs: Provided further, That the first
proviso under this heading in the Supplemental Appropriations
for Disaster Relief Requirements Act, 2018 (division I of
Public Law 115-254) is amended by striking ``State or unit of
general local government'' and inserting ``State, unit of
general local government, or Indian tribe (as such term is
defined in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302))'': Provided
further, That the sixth proviso under this heading in the
Supplemental Appropriations for Disaster Relief Requirements
Act, 2018 (division I of Public Law 115-254) is amended by
striking ``State or subdivision thereof'' and inserting
``State, unit of general local government, or Indian tribe
(as such term is defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302))'':
Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use
by the recipient of these funds (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), if the Secretary finds that good cause
exists for the waiver or alternative requirement and such
waiver or alternative requirement would not be inconsistent
with the overall purpose of title I of the Housing and
Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds
provided under this heading that use such funds to supplement
Federal assistance provided under section 402, 403, 404, 406,
407, 408 (c)(4), or 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
may adopt, without review or public comment, any
environmental review, approval, or permit performed by a
Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such
environmental review, approval or permit: Provided further,
That, notwithstanding section 104(g)(2) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the
Secretary may, upon receipt of a request for release of funds
and certification, immediately approve the release of funds
for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or
permit under the preceding proviso or the activity or project
is categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the Secretary shall publish via notice
in the Federal Register any waiver, or alternative
requirement, to any statute or regulation that the Secretary
administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the
effective date of such waiver or alternative requirement:
Provided further, That of the amounts made available under
this heading, up to $5,000,000 shall be made available for
capacity building and technical assistance, including
assistance on contracting and procurement processes, to
support States, units of general local government, or Indian
tribes (and their subrecipients) that receive allocations
pursuant to this heading, received disaster recovery
allocations under the same heading in Public Law 115-254, or
may receive similar allocations for disaster recovery in
future appropriations Acts: Provided further, That of the
amounts made available under this heading and under the same
heading in Public Law 115-254, up to $2,500,000 shall be
transferred, in aggregate, to ``Department of Housing and
Urban Development--Program Office Salaries and Expenses--
Community Planning and Development'' for necessary costs,
including information technology costs, of administering and
overseeing the obligation and expenditure of amounts under
this heading: Provided further, That the amount specified in
the preceding proviso shall be combined with funds
appropriated under the same heading and for the same purpose
in Public Law 115-254 and the aggregate of such amounts shall
be available for any of the same such purposes specified
under this heading or the same heading in Public Law 115-254
without limitation: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 1001. (a) Amounts previously made available for
activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
related to disaster relief, long-term recovery, restoration
of infrastructure and housing, economic revitalization, and
mitigation in the most impacted and distressed areas
resulting from a major disaster, including funds provided
under section 145 of division C of Public Law 114-223,
section 192 of division C of Public Law 114-223 (as added by
section 101(3) of division A of Public Law 114-254), section
421 of division K of Public Law 115-31, and any mitigation
funding provided under the heading ``Department of Housing
and Urban Development--Community Planning
[[Page S631]]
and Development--Community Development Fund'' of Public Law
115-123, that were allocated in response to Hurricane
Matthew, may be used interchangeably and without limitation
for the same activities in the most impacted and distressed
areas related to Hurricane Florence. In addition, any funds
provided under the heading ``Department of Housing and Urban
Development--Community Planning and Development--Community
Development Fund'' in this division or in division I of
Public Law 115-254 that are allocated in response to
Hurricane Florence may be used interchangeably and without
limitation for the same activities in the most impacted and
distressed areas related to Hurricane Matthew. Until HUD
publishes the Federal Register Notice implementing this
provision, grantees may submit for HUD approval revised plans
for the use of funds related to Hurricane Matthew that expand
the eligible beneficiaries of existing programs contained in
such previously approved plans to include those impacted by
Hurricane Florence. Approval of any such revised plans shall
include the execution of revised grant terms and conditions
as necessary. Once the implementing Notice is published, any
additional action plan revisions shall follow the
requirements contained therein.
(b) Amounts made available for administrative costs for
activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
related to disaster relief, long-term recovery, restoration
of infrastructure and housing, economic revitalization, and
mitigation in the most impacted and distressed areas under
this division or any future Act, and amounts previously
provided under section 420 of division L of Public Law 114-
113, section 145 of division C of Public Law 114-223, section
192 of division C of Public Law 114-223 (as added by section
101(3) of division A of Public Law 114-254), section 421 of
division K of Public Law 115-31, and under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund'' of
division B of Public Law 115-56, Public Law 115-123, and
Public Law 115-254, shall be available for eligible
administrative costs of the grantee related to any disaster
relief funding identified in this subsection without regard
to the particular disaster appropriation from which such
funds originated.
(c) The additional uses pursuant to this section for
amounts that were previously designated by the Congress,
respectively, as an emergency requirement or as being for
disaster relief pursuant to the Balanced Budget and Emergency
Deficit Control Act are designated by the Congress as being
for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 or as being for disaster relief pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE XI
GENERAL PROVISION--THIS DIVISION
Sec. 1101. 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 (or rescinded
or transferred, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
This division may be cited as the ``Additional Supplemental
Appropriations for Disaster Relief, 2019''.
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