[Congressional Record Volume 165, Number 53 (Wednesday, March 27, 2019)]
[Senate]
[Pages S2058-S2060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 203. Ms. HARRIS (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 201 submitted by Mr. 
Shelby and intended to be proposed 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:

       On page 55, line 20, insert after ``Secretary:'' the 
     following: ``Provided further, That of the amounts made 
     available under this heading, $150,000,000 shall be allocated 
     to meet unmet infrastructure needs for grantees that received 
     allocations for disasters that occurred in 2017 under this 
     heading of division B of Public Law 115-56 and title XI of 
     Public Law 115-123:''.
                                 ______
                                 
  SA 204. Mr. BLUMENTHAL (for himself, Ms. Warren, Mr. Sanders, Ms. 
Harris, Mr. Merkley, Mr. Markey, and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 201 submitted by Mr. 
Shelby and intended to be proposed 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:

       At the end of title V of division A, add the following:

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 501. (a) In General.--The Federal share of assistance 
     provided for DR-4336-PR, DR-4339-PR, DR-4340-USVI and DR-
     4335-USVI under sections 403, 406 and 407 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b and 5173) shall be 100 percent of the eligible 
     costs under such sections.
       (b) Applicability.--The Federal share provided by 
     subsection (a) shall apply to disaster assistance applied for 
     before, on, or after the date of enactment of this Act.
       Sec. 502.  The Administrator of the Federal Emergency 
     Management Agency shall provide assistance, pursuant to 
     section 428 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), for 
     critical services as defined in section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act for the 
     duration of the recovery for incidents DR-4404, DR-4396, and 
     DR-4398 to--
       (1) replace or restore the function of a facility or system 
     to industry standards without regard to the pre-disaster 
     condition of the facility or system; and
       (2) replace or restore components of the facility or system 
     not damaged by the disaster where necessary to fully 
     effectuate the replacement or restoration of disaster-damaged 
     components to restore the function of the facility or system 
     to industry standards.
                                 ______
                                 
  SA 205. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 201 submitted by Mr. Shelby and intended to be proposed 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 page 55, line 6 through page 62, line 6 and insert 
the following:

                    ``(including transfers of funds)

       ``For an additional amount for `Community Development 
     Fund', $1,491,000,000 to remain available until expended, for 
     necessary expenses for activities authorized under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.) related to disaster relief, long-term recovery, 
     restoration of infrastructure and housing, economic 
     revitalization, and mitigation in the most impacted and 
     distressed areas resulting from a major disaster that 
     occurred in 2018 (except as otherwise provided under this 
     heading) pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.):  
     Provided, That funds shall be awarded directly to the State, 
     unit of general local government, or Indian tribe (as such 
     term is defined in section 102 of the Housing and Community 
     Development Act of 1974) at the discretion of the Secretary:  
     Provided further, That of the amounts made available under 
     this heading the Secretary shall allocate an amount necessary 
     to address unmet needs for restoration of infrastructure for 
     grantees that received allocations for disasters that 
     occurred in 2017 under this heading of division B of Public 
     Law 115-56 and title XI of subdivision 1 of division B of 
     Public Law 115-123:  Provided further, That of the amounts 
     provided in the previous proviso, the Secretary's 
     determination of unmet needs for restoration of 
     infrastructure shall not take into account mitigation-
     specific allocations:  Provided further, That any funds made 
     available under this heading and under the same heading in 
     Public Law 115-254 that remain available, after the funds 
     under such headings have been allocated for necessary 
     expenses for activities authorized under such headings, shall 
     be allocated to grantees receiving awards for disasters that 
     occurred in 2018, for mitigation activities in the most 
     impacted and distressed areas resulting from a major disaster 
     that occurred in 2018:  Provided further, That

[[Page S2059]]

     allocations under the previous proviso shall be made in the 
     same proportion that the amount of funds each grantee 
     received or will receive under this heading for unmet needs 
     related to disasters that occurred in 2018 and the same 
     heading in division I of Public Law 115-254 bears to the 
     amount of all funds provided to all grantees that received 
     allocations for disasters that occurred in 2018:  Provided 
     further, That of the amounts made available under the text 
     preceding the first proviso under this heading and under the 
     same heading in Public Law 115-254, the Secretary shall 
     allocate to all such grantees an aggregate amount not less 
     than 33 percent of the sum of such amounts of funds within 
     120 days after the enactment of this Act based on the best 
     available data, and shall allocate no less than 100 percent 
     of such funds by no later than 180 days after the enactment 
     of this Act:  Provided further, That the Secretary shall not 
     prohibit the use of funds made available under this heading 
     and the same heading in Public Law 115-254 for non-Federal 
     share as authorized by section 105(a)(9) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5305(a)(9)):  
     Provided further, That of the amounts made available under 
     this heading, grantees may establish grant programs to assist 
     small businesses for working capital purposes to aid in 
     recovery:  Provided further, That as a condition of making 
     any grant, the Secretary shall certify in advance that such 
     grantee has in place proficient financial controls and 
     procurement processes and has established adequate procedures 
     to prevent any duplication of benefits as defined by section 
     312 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5155), to ensure timely expenditure 
     of funds, to maintain comprehensive websites regarding all 
     disaster recovery activities assisted with these funds, and 
     to detect and prevent waste, fraud, and abuse of funds:  
     Provided further, That with respect to any such duplication 
     of benefits, the Secretary shall act in accordance with 
     section 1210 of Public Law 115-254 (132 Stat. 3442) and 
     section 312 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5155):  Provided further, 
     That the Secretary shall require grantees to maintain on a 
     public website information containing common reporting 
     criteria established by the Department that permits 
     individuals and entities awaiting assistance and the general 
     public to see how all grant funds are used, including copies 
     of all relevant procurement documents, grantee administrative 
     contracts and details of ongoing procurement processes, as 
     determined by the Secretary:  Provided further, That prior to 
     the obligation of funds a grantee shall submit a plan to the 
     Secretary for approval detailing the proposed use of all 
     funds, including criteria for eligibility and how the use of 
     these funds will address long-term recovery and restoration 
     of infrastructure and housing, economic revitalization, and 
     mitigation in the most impacted and distressed areas:  
     Provided further, That such funds may not be used for 
     activities reimbursed by, or for which funds have been made 
     available by, the Federal Emergency Management Agency or the 
     Army Corps of Engineers, in excess of the authorized amount 
     of the project or its components:  Provided further, That 
     funds allocated under this heading shall not be considered 
     relevant to the non-disaster formula allocations made 
     pursuant to section 106 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306):  Provided further, 
     That a State, unit of general local government, or Indian 
     tribe may use up to 5 percent of its allocation for 
     administrative costs:  Provided further, That the first 
     proviso under this heading in the Supplemental Appropriations 
     for Disaster Relief Requirements Act, 2018 (division I of 
     Public Law 115-254) is amended by striking `State or unit of 
     general local government' and inserting `State, unit of 
     general local government, or Indian tribe (as such term is 
     defined in section 102 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302))':  Provided 
     further, That the sixth proviso under this heading in the 
     Supplemental Appropriations for Disaster Relief Requirements 
     Act, 2018 (division I of Public Law 115-254) is amended by 
     striking `State or subdivision thereof' and inserting `State, 
     unit of general local government, or Indian tribe (as such 
     term is defined in section 102 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302))':  Provided 
     further, That in administering the funds under this heading, 
     the Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for, any provision of any 
     statute or regulation that the Secretary administers in 
     connection with the obligation by the Secretary or the use by 
     the recipient of these funds (except for requirements related 
     to fair housing, nondiscrimination, labor standards, and the 
     environment), if the Secretary finds that good cause exists 
     for the waiver or alternative requirement and such waiver or 
     alternative requirement would not be inconsistent with the 
     overall purpose of title I of the Housing and Community 
     Development Act of 1974:  Provided further, That, 
     notwithstanding the preceding proviso, recipients of funds 
     provided under this heading that use such funds to supplement 
     Federal assistance provided under section 402, 403, 404, 406, 
     407, 408 (c)(4), or 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     may adopt, without review or public comment, any 
     environmental review, approval, or permit performed by a 
     Federal agency, and such adoption shall satisfy the 
     responsibilities of the recipient with respect to such 
     environmental review, approval or permit:  Provided further, 
     That, notwithstanding section 104(g)(2) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the 
     Secretary may, upon receipt of a request for release of funds 
     and certification, immediately approve the release of funds 
     for an activity or project assisted under this heading if the 
     recipient has adopted an environmental review, approval or 
     permit under the preceding proviso or the activity or project 
     is categorically excluded from review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):  
     Provided further, That the Secretary shall publish via notice 
     in the Federal Register any waiver, or alternative 
     requirement, to any statute or regulation that the Secretary 
     administers pursuant to title I of the Housing and Community 
     Development Act of 1974 no later than 5 days before the 
     effective date of such waiver or alternative requirement:  
     Provided further, That of the amounts made available under 
     this heading, up to $5,000,000 shall be made available for 
     capacity building and technical assistance, including 
     assistance on contracting and procurement processes, to 
     support States, units of general local government, or Indian 
     tribes (and their subrecipients) that receive allocations 
     pursuant to this heading, received disaster recovery 
     allocations under the same heading in Public Law 115-254, or 
     may receive similar allocations for disaster recovery in 
     future appropriations Acts:  Provided further, That of the 
     amounts made available under this heading and under the same 
     heading in Public Law 115-254, up to $2,500,000 shall be 
     transferred, in aggregate, to `Department of Housing and 
     Urban Development--Program Office Salaries and Expenses--
     Community Planning and Development' for necessary costs, 
     including information technology costs, of administering and 
     overseeing the obligation and expenditure of amounts under 
     this heading:  Provided further, That the amount specified in 
     the preceding proviso shall be combined with funds 
     appropriated under the same heading and for the same purpose 
     in Public Law 115-254 and the aggregate of such amounts shall 
     be available for any of the same such purposes specified 
     under this heading or the same heading in Public Law 115-254 
     without limitation:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.'';
       (2) at the appropriate place under title X, insert the 
     following:
       ``Sec. __.  Of all amounts made available for mitigation 
     activities under the heading `Department of Housing and Urban 
     Development--Community Development Fund' in Public Law 115-
     123, the Secretary shall publish in the Federal Register the 
     allocations to all eligible grantees, and the necessary 
     administrative requirements applicable to such allocations 
     within 90 days after enactment of this Act;
       ``(1) For any plans or amendments addressing the use of any 
     funds provided under Public Law 115-123 and received by the 
     Secretary prior to December 22, 2018, the Secretary shall 
     review pending amendments within 15 days of enactment of this 
     Act and pending plans within 30 days of enactment of this 
     Act;
       ``(2) After the date of this Act, the Secretary may not 
     apply the statutory waiver or alternative requirement 
     authority provided by Public Law 115-123 to extend or 
     otherwise alter existing statutory and regulatory provisions 
     governing the timeline for review of required grantee 
     plans.'';
       (3) at the appropriate place under title VI, insert the 
     following new paragraph:
       ``In addition, for an additional amount for `State and 
     Tribal Assistance Grants', $250,000,000, to remain available 
     until expended, of which $130,500,000 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 $119,500,000 shall be for capitalization 
     grants under section 1452 of the Safe Drinking Water Act:  
     Provided, That notwithstanding section 604(a) of the Federal 
     Water Pollution Control Act and section 1452(a)(1)(D) of the 
     Safe Drinking Water Act, funds appropriated herein shall be 
     provided to States or Territories in EPA Regions 2, 4 and 6 
     in amounts determined by the Administrator for wastewater and 
     drinking water treatment works and facilities impacted by 
     Hurricanes Harvey, Irma, and Maria:  Provided further, That, 
     for Region 2, such funds allocated from funds appropriated 
     herein shall not be subject to the matching or cost share 
     requirements of sections 602(b)(2), 602(b)(3) of the Federal 
     Water Pollution Control Act nor the matching requirements of 
     section 1452(e) of the Safe Drinking Water Act:  Provided 
     further, That, for Region 2, notwithstanding the requirements 
     of section 603(i) of the Federal Water Pollution Control Act 
     and section 1452(d) of the Safe Drinking Water Act, each 
     State and Territory shall use the full amount of its 
     capitalization grants allocated from funds appropriated 
     herein to provide additional subsidization to eligible 
     recipients in the form of forgiveness of principal, negative 
     interest loans or grants or any combination of these:  
     Provided further, That, for Regions 4 and 6, notwithstanding 
     the requirements of section 603(i) of the Federal Water 
     Pollution Control Act and section 1452(d) of the Safe 
     Drinking Water Act, for the funds allocated, each State shall 
     use not less than 20 percent but not more than 30 percent 
     amount of its capitalization

[[Page S2060]]

     grants allocated from funds appropriated herein to provide 
     additional subsidization to eligible recipients in the form 
     of forgiveness of principal, negative interest loans or 
     grants or any combination of these:  Provided further, That 
     the Administrator shall retain $37,300,000 of the funds 
     appropriated herein for grants to any state or territory that 
     has not established a water pollution control revolving fund 
     pursuant to title VI of the Federal Water Pollution Control 
     Act or section 1452 of the Safe Drinking Water Act for 
     drinking water facilities and waste water treatment plants 
     impacted by Hurricanes Irma and Maria:  Provided further, 
     That the funds appropriated herein shall only be used for 
     eligible projects whose purpose is to reduce flood damage 
     risk and vulnerability or to enhance resiliency to rapid 
     hydrologic change or a natural disaster at treatment works as 
     defined by section 212 of the Federal Water Pollution Control 
     Act or any eligible facilities under section 1452 of the Safe 
     Drinking Water Act, and for other eligible tasks at such 
     treatment works or facilities necessary to further such 
     purposes:  Provided further, That, for Region 2, 
     notwithstanding section 603(d)(2) of the Federal Water 
     Pollution Control Act and section 1452(f)(2) of the Safe 
     Drinking Water Act, funds allocated from funds appropriated 
     herein may be used to make loans or to buy, refinance or 
     restructure the debt obligations of eligible recipients only 
     where such debt was incurred on or after September 20, 2017:  
     Provided further, That the Administrator of the Environmental 
     Protection Agency may retain up to $1,000,000 of the funds 
     appropriated herein for management and oversight:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.''; and
       (4) at the appropriate place under title VII, insert the 
     following:

                    ``GENERAL PROVISIONS--THIS TITLE

       ``Sec. __. (a) Section 1108(g)(5) of the Social Security 
     Act (42 U.S.C. 1308(g)(5)) is amended--
       ``(1) in subparagraph (A), by striking `and (E)' and 
     inserting `(E), and (F)';
       ``(2) in subparagraph (C), in the matter preceding clause 
     (i), by striking `and (E)' and inserting `and (F)';
       ``(3) by redesignating subparagraph (E) as subparagraph 
     (F);
       ``(4) by inserting after subparagraph (D), the following:
       `` `(E) Subject to subparagraph (F), for the period 
     beginning January 1, 2019, and ending September 30, 2019, the 
     amount of the increase otherwise provided under subparagraph 
     (A) for the Northern Mariana Islands shall be further 
     increased by $36,000,000.'; and
       ``(5) in subparagraph (F) (as redesignated by paragraph (3) 
     of this section)--
       ``(A) by striking `title XIX, during'and inserting ``title 
     XIX--
       `` `(i) during';
       ``(B) by striking `and (D)' and inserting `, (D), and (E)';
       ``(C) by striking `and the Virgin Islands' each place it 
     appears and inserting `, the Virgin Islands, and the Northern 
     Mariana Islands';
       ``(D) by striking the period at the end and inserting `; 
     and'; and
       ``(E) by adding at the end the following:
       `` `(ii) for the period beginning January 1, 2019, and 
     ending September 30, 2019, with respect to payments to Guam 
     and American Samoa from the additional funds provided under 
     subparagraph (A), the Secretary shall increase the Federal 
     medical assistance percentage or other rate that would 
     otherwise apply to such payments to 100 percent.'.
       ``(b) The amounts provided by the amendments made by 
     subsection (a) are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.''.
                                 ______
                                 
  SA 206. Mr. TILLIS (for himself and Mr. Burr) 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:

       On page 55, line 7, strike ``$1,060,000,000'' and insert 
     ``$2,940,000,000''.
                                 ______
                                 
  SA 207. Mr. TILLIS (for himself and Mr. Burr) 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:

       On page 20, line 5, strike ``$740,000,000'' and insert 
     ``$1,500,000,000''.
                                 ______
                                 
  SA 208. Mr. TILLIS (for himself and Mr. Burr) 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:

       On page 19, line 11, strike ``$35,000,000'' and insert 
     ``$96,000,000''.
                                 ______
                                 
  SA 209. Mr. TILLIS (for himself and Mr. Burr) 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:

       On page 18, line 5, strike ``$200,000,000'' and insert 
     ``$1,180,000,000''.
                                 ______
                                 
  SA 210. Mr. TILLIS (for himself and Mr. Burr) 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:

       On page 18, line 5, strike ``$200,000,000'' and insert 
     ``$1,180,000,000''.
       On page 19, line 11, strike ``$35,000,000'' and insert 
     ``$96,000,000''.
       On page 20, line 5, strike ``$740,000,000'' and insert 
     ``$1,500,000,000''.
       On page 55, line 7, strike ``$1,060,000,000'' and insert 
     ``$2,940,000,000''.
                                 ______
                                 
  SA 211. Mr. TILLIS (for himself, Mr. Burr, Mr. Cornyn, and Mr. Cruz) 
submitted an amendment intended to be proposed to amendment SA 201 
submitted by Mr. Shelby and intended to be proposed 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:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY TO BEGIN PLANNING AND CONSTRUCTION OF 
                   CERTAIN HAZARD MITIGATION PROJECTS.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``covered project'' means a project--
       (A) that will result in protection to property; and
       (B) for which an entity initiated planning or construction 
     before or after requesting assistance for the project under a 
     hazard mitigation grant program; and
       (3) the term ``hazard mitigation grant program'' means--
       (A) the predisaster hazard mitigation grant program 
     authorized under section 203 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5133);
       (B) the hazard mitigation grant program authorized under 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c); and
       (C) the flood mitigation assistance program authorized 
     under section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c).
       (b) Eligibility for Assistance for Initiated Projects.--
       (1) In general.--Notwithstanding any other provision of 
     law, an entity seeking hazard mitigation assistance under a 
     hazard mitigation grant program shall be eligible to receive 
     such assistance for a covered project if the entity--
       (A) complies with all other eligibility requirements of the 
     hazard mitigation grant program; and
       (B) complies with all Federal planning and building 
     requirements for the project.
       (2) Costs incurred.--An entity seeking hazard mitigation 
     assistance under a hazard mitigation grant program shall be 
     responsible for any project costs incurred by the entity for 
     a covered project if the covered project is not awarded, or 
     is determined to be ineligible for, assistance.
       (c) Applicability.--This section shall apply to any 
     application for hazard mitigation assistance for a covered 
     project submitted on or after January 1, 2016.
                                 ______
                                 
  SA 212. Mr. CORNYN (for himself, Mr. Cruz, Mr. Cassidy, Mr. Rubio, 
Mr. Tillis, Mr. Burr, and Mr. Kennedy) submitted an amendment intended 
to be proposed to amendment SA 201 submitted by Mr. Shelby and intended 
to be proposed 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:

       At the appropriate place, insert the following:
       Sec. __01.  For all amounts made available for mitigation 
     activities under the heading ``Department of Housing and 
     Urban Development--Community Planning and Development--
     Community Development Fund'' in Public Law 115-123, the 
     Secretary of Housing and Urban Development shall, not later 
     than 90 days after enactment of this Act, publish in the 
     Federal Register the allocations made to all eligible 
     grantees and the necessary administrative requirements 
     applicable to those allocations.

                          ____________________