[Congressional Record Volume 165, Number 56 (Monday, April 1, 2019)]
[Senate]
[Pages S2136-S2137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 234. Mr. LEAHY (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. 
Booker, Mr. Durbin, Mrs. Gillibrand, Mr. Markey, Mr. Menendez, Mrs. 
Murray, Mr. Sanders, Mr. Van Hollen, Ms. Warren, Mr. Brown, Ms. Harris, 
Mr. Schumer, Mr. Cardin, Ms. Cortez Masto, and Ms. Klobuchar) 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:

       (1) On page 2, strike line 6 through line 17 on page 4 and 
     insert the following:
       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 and Florence, other hurricanes, floods, 
     tornadoes, typhoons, volcanic activity, snow storms, and 
     wildfires occurring in calendar years 2018 and 2019 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 forest 
     restoration and poultry and livestock losses:  Provided 
     further, That of the amounts provided under this heading, 
     tree assistance payments may be made under section 1501(e) of 
     the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible 
     orchardists or nursery tree growers (as defined in such 
     section) of pecan trees with a tree mortality rate that 
     exceeds 7.5 percent (adjusted for normal mortality) and is 
     less than 15 percent (adjusted for normal mortality), to be 
     available until expended, for losses incurred during the 
     period beginning January 1, 2018, and ending December 31, 
     2018:  Provided further, That in the case of producers 
     impacted by volcanic activity that resulted in the loss of 
     crop land, or access to crop land, the Secretary shall 
     consider all measures available, as appropriate, to bring 
     replacement land into production:  Provided further, That the 
     total amount of payments received under this heading and 
     applicable policies of crop insurance under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop 
     Disaster Assistance Program (NAP) under section 196 of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333) shall not exceed 90 percent of the loss as 
     determined by the Secretary:  Provided further, That the 
     total amount of payments received under this heading for 
     producers who did not obtain a policy or plan of insurance 
     for an insurable commodity for the applicable crop year under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
     the crop incurring the losses or did not file the required 
     paperwork and pay the service fee by the applicable State 
     filing deadline for a noninsurable commodity for the 
     applicable crop year under NAP for the crop incurring the 
     losses shall not exceed 70 percent of the loss as determined 
     by the Secretary:  Provided further, That producers receiving 
     payments under this heading, as determined by the Secretary, 
     shall be required to purchase crop insurance where crop 
     insurance is available for the next two available crop years, 
     excluding tree insurance policies, and producers receiving 
     payments under this heading shall be required to purchase 
     coverage under NAP where crop insurance is not available in 
     the next two available crop years, as determined by the 
     Secretary:  Provided further, That, not later than 120 days 
     after the end of fiscal year 2019, the Secretary shall submit 
     a report to the Congress specifying the type, amount, and 
     method of such assistance by state and territory:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (2) On page 6, strike lines 9 through 24, insert the 
     following, and renumber general provisions on pages 7 and 8 
     appropriately:
       Sec. 101.  In addition to other amounts made available by 
     section 309 of division A of the Additional Supplemental 
     Appropriations for Disaster Relief Requirements Act, 2017 
     (Public Law 115-72; 131 Stat. 1229), there is appropriated to 
     the Secretary, out of any moneys in the Treasury not 
     otherwise appropriated, for the fiscal year ending September 
     30, 2019, $600,000,000 to provide a grant to the Commonwealth 
     of Puerto Rico for disaster nutrition assistance in response 
     to a major disaster or emergency designated by the President 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.):  Provided, That the 
     funds made available to the Commonwealth of Puerto Rico under 
     this section shall remain available for obligation by the 
     Commonwealth until September 30, 2020, and shall be in 
     addition to funds otherwise made available:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
       Sec. 102.  There is hereby appropriated $5,000,000, to 
     remain available until September 30, 2020, for the Secretary 
     of Agriculture to conduct an independent study, including a 
     survey of participants, to compare the impact of the 
     additional benefits provided by section 309 of Public Law 
     115-72 to the food insecurity, health status, and well-being 
     of low-income residents in Puerto Rico without such 
     additional benefits:  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.
       Sec. 103.  In addition to amounts otherwise made available, 
     out of the funds made available under section 18 of Food and 
     Nutrition Act of 2008, $5,000,000 shall be available for the 
     Secretary to provide a grant to American Samoa for disaster 
     nutrition assistance in response to the presidentially 
     declared major disasters and emergencies:  Provided, That 
     funds made available to the territory under this section 
     shall remain available for obligation by the territory 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.
       (3) On page 9, line 21, strike ``2018'' and insert ``2018, 
     and tornadoes and floods occurring in calendar year 2019''.
       (4) On page 14, line 4, strike ``eruptions, and'' and 
     insert ``eruptions,''.
       (5) On page 14, line 5, after ``earthquakes,'' insert ``and 
     calendar year 2019 tornadoes and floods,''

[[Page S2137]]

       (6) On page 38, line 17, insert ``or tornadoes and floods 
     occurring in calendar year 2019,'' after ``2018,''.
       (7) On page 39, line 20, insert ``, and tornadoes and 
     floods occurring in calendar year 2019'' after ``2018''.
       (8) On page 40, line 13, insert ``, and tornadoes and 
     floods occurring in calendar year 2019'' after ``2018''.
       (9) On page 42, line 10, insert ``, and tornadoes and 
     floods occurring in calendar year 2019'' after ``2018''.
       (10) On page 43, line 17, insert ``, and tornadoes and 
     floods occurring in calendar year 2019'' after ``2018''.
       (11) On page 66, insert the following new section at the 
     appropriate place:
       Sec. 1104.  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.
       (12) On page 66, strike lines 10 through 17.
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