[Congressional Record Volume 165, Number 92 (Monday, June 3, 2019)]
[House]
[Pages H4184-H4195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPLEMENTAL APPROPRIATIONS ACT, 2019
Mrs. LOWEY. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 2157) making supplemental
appropriations for the fiscal year ending September 30, 2019, and for
other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
The following sums in this Act 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, on-farm stored commodities,
crops prevented from planting in 2019, and harvested
adulterated wine grapes), trees, bushes, and vines, as a
consequence of Hurricanes Michael and Florence, other
hurricanes, floods, tornadoes, typhoons, volcanic activity,
snowstorms, 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 of
the amounts provided under this heading, not more than
$7,000,000 shall be available to make payments to
agricultural producers whose Whole Farm Revenue Protection
indemnity payments were reduced following 2018 crop year
losses due to assistance received through state-legislated
agriculture disaster assistance programs: 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 in the case of a
crop under this heading for which the Federal Crop Insurance
Corporation offers a revenue insurance policy under section
508 of the Federal Crop Insurance Act (7 U.S.C. 1508), the
Secretary shall use the greater of the projected price or the
harvest price for such crop to determine the expected value
of such crop: 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, tornadoes and floods
occurring in calendar year 2019, 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.
emergency conservation program
For an additional amount for the ``Emergency Conservation
Program'', for necessary expenses related to the consequences
of Hurricanes Michael and Florence and wildfires occurring in
calendar year 2018, tornadoes and floods occurring in
calendar year 2019, and other natural disasters,
$558,000,000, 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, tornadoes and floods
occurring in calendar year 2019, and other natural disasters,
$435,000,000, 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, tornadoes and
floods occurring in calendar year 2019, 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 the 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, losses of peach and blueberry
crops in calendar year 2017 due to extreme cold, and
blueberry productivity losses in calendar year 2018 due to
extreme cold and hurricane damage in calendar year 2017:
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 section
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
[[Page H4185]]
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) 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).
(c) 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.
Sec. 104. 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. 105. 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. 106. In addition to amounts otherwise made available,
out of the funds made available under section 18 of the Food
and Nutrition Act of 2008, $18,000,000 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.
Sec. 107. Beginning not later than the 2020 reinsurance
year, the Federal Crop Insurance Corporation shall offer
coverage under the wholefarm revenue protection insurance
policy (or a successor policy or plan of insurance) for hemp
(as defined in section 297A of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1639o)): 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. 108. Notwithstanding any other provision of law, any
rural community impacted by major declared disaster DR-4407
may have the governor in the affected state, or the
governor's designee, certify the area's population as a rural
area with respect to eligibility for loans, grants, and
technical assistance under rural development programs funded
by the Department of Agriculture until data from the 2020
United States Census is available: 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 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, and tornadoes and floods occurring in
calendar year 2019 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 Act.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $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 Act.
fishery disaster assistance
For an additional amount for ``Fishery 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, calendar year 2018
wildfires, volcanic eruptions, and earthquakes, and calendar
year 2019 tornadoes and floods, $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 Act 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 Act 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
[[Page H4186]]
to the amount made available under this heading: Provided
further, That, for the purposes of this Act, 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'', $381,000,000, 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'', $670,000,000, for necessary expenses related to
the consequences of Hurricanes Michael and Florence and
floods occurring in calendar year 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.
GENERAL PROVISION--THIS TITLE
Sec. 301. Notwithstanding any other provision of law,
funds made available under each heading in this title shall
only be used for the purposes specifically described under
that heading.
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 Act, 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 Act.
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 Act,
and flood and storm damage reduction, including shore
protection, projects which have signed Chief's Reports as of
the date of enactment of this Act 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 Development 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 Act.
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, $575,000,000, 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 Act.
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, $908,000,000,
to remain available until expended, of which such sums as are
necessary to cover the Federal share of eligible operation
and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor
Maintenance Trust Fund: Provided, That such amount is
designated by the Congress as 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 Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses to
prepare for flood, hurricane and other natural disasters and
support emergency operations, repairs, and other activities
in response to such disasters, as authorized by law,
$1,000,000,000, to remain available until expended:
Provided, That funding utilized for authorized shore
protection projects shall restore such projects to the full
project profile at full Federal expense: 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 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 Act.
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
GENERAL SERVICES ADMINISTRATION
Real Property Activities
federal buildings fund
For an additional amount, to be deposited in the Federal
Buildings Fund, $91,200,000, to remain available until
expended, for necessary expenses related to the consequences
of Hurricane Florence for repair and alteration of buildings
under the custody and control of the Administrator of General
Services, and real property management and related activities
not otherwise provided for: Provided, That such amount may
be used to reimburse the Fund for obligations incurred for
this purpose prior to the date of the enactment of this Act:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE VI
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
[[Page H4187]]
Typhoon Mangkhut, $48,977,000; of which $46,977,000 shall
remain available until September 30, 2020, and of which
$2,000,000 shall remain available until September 30, 2023,
for environmental compliance and restoration: 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. In implementing section 20601 of Public Law 115-
123, the Administrator shall include the costs associated
with addressing pre-disaster condition, undamaged components,
codes and standards, and industry standards in the cost of
repair when calculating the percentage in section 206.226(f)
of title 44, Code of Federal Regulations: Provided, That
amounts repurposed under this section 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.
Sec. 602. Notwithstanding any other provision of law,
funds made available under each heading in this title shall
only be used for the purposes specifically described under
that heading.
TITLE VII
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 Act, 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, 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 or Territories 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 of the 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
[[Page H4188]]
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. 701. Not later than 45 days after the date of
enactment of this Act, 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 VIII
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, wildfires and
earthquakes occurring in calendar year 2018, and tornadoes
and floods occurring in calendar year 2019 (referred to under
this heading as ``covered disaster or emergency''), 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 covered disaster
or emergency: 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
Administration for Children and Families
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $30,000,000, to
remain available through September 30, 2021, for necessary
expenses directly related to the consequences of Hurricanes
Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu,
and wildfires and earthquakes occurring in calendar year 2018
and tornadoes and floods occurring in calendar year 2019 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 the Secretary shall allocate such
funds based on assessed need notwithstanding sections 658J
and 658O of the Child Care and Development Block Grant Act of
1990: Provided further, That such funds may be used for
costs of renovating, repairing, or rebuilding child care
facilities without regard to section 658F(b) or 658G of such
Act and with amounts allocated for such purposes excluded
from the calculation of percentages under subsection
658E(c)(3) of such Act: Provided further, That
notwithstanding section 658J(c) of such Act, funds allotted
to a State and used for renovating, repairing, or rebuilding
child care facilities may be obligated by the State in that
fiscal year or the succeeding three fiscal years: Provided
further, That Federal interest provisions will not apply to
the renovation or rebuilding of privately-owned family child
care homes, and the Secretary shall develop parameters on the
use of funds for family child care homes: Provided further,
That the Secretary shall not retain Federal interest after a
period of 10 years in any facility renovated, repaired, or
rebuilt with funds appropriated under this paragraph:
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
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.
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $90,000,000, to remain available through
September 30, 2021, for necessary expenses directly related
to the consequences of Hurricanes Florence and Michael,
Typhoon Mangkhut, Super Typhoon Yutu, and wildfires and
earthquakes occurring in calendar year 2018 and tornadoes and
floods occurring in calendar year 2019 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 $55,000,000 shall be for Head Start programs,
including making payments under the Head Start Act: Provided
further, That none of funds provided in the previous proviso
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 provided in the second
previous proviso are not subject to the allocation
requirements of section 640(a) of the Head Start Act:
Provided further, That $5,000,000 shall be for payments to
States, territories, and tribes for activities authorized
under subpart 1 of part B of title IV of the Social Security
Act, with such funds allocated based on assessed need
notwithstanding section 423 of such Act and paid without
regard to percentage limitations in subsections (a) or (e) in
section 424 of such Act: Provided further, That $25,000,000
shall be for payments to States, territories, and tribes
authorized under the Community Services Block Grant Act, with
such funds allocated based on assessed need notwithstanding
sections 674(b), 675A, and 675B of such Act: Provided
further, That notwithstanding section 676(b)(8) of the
Community Services Block Grant Act, each State, territory, or
tribe may allocate funds to eligible entities based on
assessed need: 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 $5,000,000, to remain available until
expended, 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.
[[Page H4189]]
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $201,000,000, to remain available
through September 30, 2020, for necessary expenses directly
related to the consequences of Hurricanes Florence and
Michael, Typhoon Mangkhut, Super Typhoon Yutu, and wildfires
and earthquakes occurring in calendar year 2018 and tornadoes
and floods occurring in calendar year 2019 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 ``covered disaster or
emergency''), including activities authorized under section
319(a) of the Public Health Service Act (referred to in this
Act as the ``PHS Act''): Provided, That of the amount
provided, $80,000,000 shall be transferred to ``Health
Resources and Services Administration--Primary Health Care''
for expenses directly related to a covered disaster or
emergency for disaster response and recovery, for the Health
Centers Program under section 330 of the PHS Act, including
alteration, renovation, construction, equipment, and other
capital improvement costs as necessary to meet the needs of
areas affected by a covered disaster or emergency: Provided
further, That the time limitation in section 330(e)(3) of the
PHS Act shall not apply to funds made available under the
preceding proviso: Provided further, That of the amount
provided, not less than $20,000,000 shall be transferred to
``Centers for Disease Control and Prevention--CDC-Wide
Activities and Program Support'' for response, recovery,
mitigation, and other expenses directly related to a covered
disaster or emergency: Provided further, That of the amount
provided, not less than $100,000,000 shall be transferred to
``Substance Abuse and Mental Health Services Administration--
Health Surveillance and Program Support'' for grants,
contracts, and cooperative agreements for behavioral health
treatment, treatment of substance use disorders, crisis
counseling, and other related helplines, and for other
similar programs to provide support to individuals impacted
by a covered disaster or emergency: Provided further, That of
the amount provided, up to $1,000,000, to remain available
until expended, shall be transferred to ``Office of the
Secretary--Office of Inspector General'' for oversight of
activities responding to such covered disasters or
emergencies: 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
hurricane education recovery
(including transfer of funds)
For an additional amount for ``Hurricane Education
Recovery'' for necessary expenses related to the consequences
of Hurricanes Florence and Michael, Typhoon Mangkhut, Super
Typhoon Yutu, and wildfires, earthquakes, and volcanic
eruptions occurring in calendar year 2018 and tornadoes and
floods occurring in calendar year 2019 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 ``covered disaster or
emergency''), $165,000,000, to remain available through
September 30, 2020, for assisting in meeting the educational
needs of individuals affected by a covered disaster or
emergency: Provided, That such assistance may be provided
through any of the programs authorized under this heading in
title VIII of subdivision 1 of division B 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, That $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: 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. 801. Not later than 30 days after 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.
Sec. 802. (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.''; and
(6) by adding at the end the following:
``(G) Not later than September 30, 2019, Guam and American
Samoa shall each submit a plan to the Secretary outlining the
steps each such territory shall take to collect and report
reliable data to the Transformed Medicaid Statistical
Information System (T-MSIS) (or a successor system).''.
(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.
TITLE IX
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 Act, 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 X
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $600,000,000, to remain available until
September 30, 2023, for planning and design, and construction
expenses 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: Provided further, That, not later
than 60 days after enactment of this Act, the Secretary of
the Navy, or his designee, shall submit to the Committees on
Appropriations of 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.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $1,000,000,000, to remain available until September
30, 2023, for planning and design, and construction expenses
related to the consequences of Hurricane Michael and floods
occurring in calendar year 2019: 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 Act, 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 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
[[Page H4190]]
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 Act, the Director of the Army
National Guard, or his designee, shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed expenditure plan for funds provided
under this heading: Provided further, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical 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 Committees 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.
GENERAL PROVISION--THIS TITLE
Sec. 1001. Notwithstanding any other provision of law,
funds made available under each heading within the
``Department of Defense'' in this title shall only be used
for the purposes specifically described under that heading.
TITLE XI
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 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'', $2,431,000,000, 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 or 2019 (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 $431,000,000 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 subdivision 1
of division B of Public Law 115-123, of which $331,442,114
shall be allocated to those grantees affected by Hurricane
Maria: Provided further, That of the amounts provided in the
previous proviso, the Secretary's determination of unmet
needs for infrastructure shall not take into account
mitigation-specific allocations: Provided further, That any
amounts allocated pursuant to the previous two provisos to
any such grantee shall not be available for draw down and
expenditure by a grantee that has entered into alternative
procedures under section 428 of the Stafford Act as of the
date of enactment of this Act until such grantee has reached
a final agreement on all fixed cost estimates within the
timeline provided by the Federal Emergency Management Agency:
Provided further, That prior to making any grant of funds
provided in the previous three provisos, the Secretary must
receive from the grantee information that allows the
Secretary to certify 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 of the amounts made available under this
heading in Public Law 115-123 and transferred to the Office
of Inspector General, no less than $6,000,000 shall be for
necessary costs of overseeing and auditing funds made
available to grantees affected by Hurricane Maria, including
a review of grant expenditure rates: 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 Act 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
[[Page H4191]]
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: 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 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.
GENERAL PROVISION--THIS TITLE
Sec. 1101. (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 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 Act 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 Act 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.
Sec. 1102. 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 enactment 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:
Provided, That any amounts allocated pursuant to this
section to any such grantee shall not be available for draw
down and expenditure by a grantee that has entered into
alternative procedures under section 428 of the Stafford Act
as of the date of enactment of this Act until such grantee
has reached a final agreement on all fixed cost estimates
within the timeline provided by the Federal Emergency
Management Agency: Provided further, That prior to making
any grant of funds allocated pursuant to this section, the
Secretary must receive from the grantee information that
allows the Secretary to certify 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 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.
TITLE XII
GENERAL PROVISIONS--THIS ACT
Sec. 1201. Each amount appropriated or made available by
this Act is in addition to amounts
[[Page H4192]]
otherwise appropriated for the fiscal year involved.
Sec. 1202. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 1203. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2019.
Sec. 1204. Each amount designated in this Act 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.
Sec. 1205. For purposes of this Act, the consequences or
impacts of any hurricane shall include damages caused by the
storm at any time during the entirety of its duration as a
cyclone, as defined by the National Hurricane Center.
Sec. 1206. Any amount appropriated by this Act, 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 and subsequently so designated by
the President, and transferred pursuant to transfer
authorities provided by this Act shall retain such
designation.
Sec. 1207. (a) Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by
striking ``May 31, 2019'' and inserting ``September 30,
2019''.
(b) Section 1319 of the National Flood Insurance Act of
1968 (42 U.S.C. 4026) is amended by striking ``May 31, 2019''
and inserting ``September 30, 2019''.
(c) If this Act is enacted after May 31, 2019, the
amendments made by subsections (a) and (b) shall take effect
as if enacted on May 31, 2019.
This Act may be cited as the ``Additional Supplemental
Appropriations for Disaster Relief Act, 2019''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Mrs. Lowey) and the gentlewoman from Texas (Ms. Granger) each
will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the Senate amendment to H.R. 2157,
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today we are rejecting the political stunts and
grandstanding that have made it difficult to deliver much-needed
disaster relief to families and communities across America. It has been
9 months since Hurricane Florence struck the Southeast, just one of the
many natural disasters--including other hurricanes, Pacific typhoons,
and Western wildfires--that impacted our fellow Americans last year.
In that time, the House has already passed two strong packages of
relief and recovery assistance; bills to help the people of Puerto Rico
recover from one of the deadliest and costliest storms in American
history and to meet urgent needs following Midwest floods and Southern
tornadoes. Those bills were held up because some in our government
refused to assist our fellow Americans in Puerto Rico who are still
recovering from a 2017 hurricane. I am pleased we have moved past that,
because when disaster strikes, we shouldn't let a ZIP Code dictate our
response, and Americans across the country have been waiting far too
long for the relief and recovery assistance they deserve.
That is why so many of us were deeply disappointed last week when
this bipartisan, bicameral disaster relief bill was blocked three times
by House Republicans, even though it has the support of the President,
Senate Republicans, and congressional Democrats and has passed in the
Senate.
While it has taken far too long, this bill delivers much-needed
assistance to American communities struck by recent natural disasters.
It includes a broad array of measures--totaling $19.1 billion--to meet
urgent needs: assistance for farmers and rural communities who have
been devastated by crop losses brought on by storms; funding for
infrastructure repairs that will create jobs and revitalize broken
communities; approximately $1.4 billion for Puerto Rico, including $600
million in nutrition assistance; funding to stabilize healthcare
systems in disaster-stricken Pacific territories; and repairs and
reconstruction at damaged Federal facilities, including military bases
that are critical to national security.
The bill represents bipartisanship compromise that will strengthen
communities and make lives better.
Mr. Speaker, I look forward to its enactment, and I reserve the
balance of my time.
Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 2157, the Supplemental
Appropriations Act of 2019. This bill provides much-needed relief to
more than 40 States and territories to help them recover from
devastating hurricanes, wildfires, flooding, and tornadoes.
The bill provides critical aid to farmers and ranchers across the
country. From the Category 5 hurricane that destroyed crops in the
Southeast to the historic floods to farmland in the Midwest and fires
in the West, billions of dollars of damage have occurred. The funds in
this bill will help restore the livelihoods of our agricultural
producers and rural communities.
The bill also provides critical funding to repair military
installations that were severely damaged by hurricanes and floods. This
assistance will return these facilities to a condition that can support
our men and women in uniform and help them get back to the job of
protecting our Nation.
The bill provides vital funding for community development block
grants to help rebuild areas devastated by hurricanes, floods, and
wildfires. I have seen how critical these funds have been for the State
of Texas in the aftermath of Hurricane Harvey.
The communities affected by storms in 2018 and 2019 have been waiting
for these critical resources for months now, and I am pleased we are
taking action today to provide needed relief to restore housing and
businesses where it is so desperately needed.
The bill also provides funds to compensate State departments of
transportation for road and highway repairs already underway or
completed. This funding will go to dozens of States for disaster
repairs that are critical to restoring roads that are vital to both the
traveling public and the movement of goods across the Nation.
The bill provides significant funding for the Army Corps of
Engineers, most of which will be used to repair existing projects to
pre-storm conditions. This work will include dredging navigation
channels, preparing levees, and refortifying coastal defenses.
Funding will be used for the most critical repairs following storms
in previous years, as well as the ongoing flooding in the Midwest.
Funding for the Corps also includes work to study and construct new
projects to protect against future storms. These projects will help
protect our people, businesses, and property and will reduce the
funding necessary to recover from future storms.
Finally, this bill was stalled for months because of the
administration's concerns about providing additional assistance to
Puerto Rico. The final agreement removes the most problematic language.
Bringing this bill to the floor today shows that we can put politics
aside and work together to address the needs of our Nation.
However, one emergency that is not addressed is the humanitarian and
security crisis on the border. We must work together to pass a bill
that addresses the surge of unaccompanied children crossing the border
and provides law enforcement agencies with the funding they need. I
have made several recent visits to the border and have seen this crisis
unfold up close. The numbers are alarming. Customs and Border Patrol is
exceeding 100,000 apprehensions per month. The stakes are high. There
are serious life-and-death repercussions if the Congress does not act.
In closing, I want to thank Chairwoman Lowey for working with members
on my side of the aisle to reach this compromise on disaster
assistance. I also thank the Senate Appropriations Committee chairman
and vice chairman, Senator Shelby and Senator Leahy, for their work on
this bill. I look forward to our continuing conversations about how to
quickly address the needs on the border.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from the
[[Page H4193]]
Northern Mariana Islands (Mr. Sablan).
Mr. SABLAN. Mr. Speaker, 8 months after Typhoon Mangkhut and 7 months
after Super Typhoon Yutu, we are finally ready to send a disaster
relief bill to the President for signature. Of course, this has taken
longer than any of us might wish. But I want to use my time simply to
say thank you to my fellow Americans who are always willing to help
when they see a neighbor in need.
Is not this attitude of charity for all, as Lincoln said, what binds
our Nation?
Almost 50 years ago, the people of the Northern Mariana Islands, whom
I represent here, voted to join the United States. It is at moments
like this that we remember what a wise decision that was and what a
great nation we are now part of.
On behalf of all in the Northern Mariana Islands who suffer to this
day because of the lasting effects of Typhoons Mangkhut and Yutu, I say
thank you.
Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole).
Mr. COLE. Mr. Speaker, I want to thank my friend, the distinguished
ranking member of the full Appropriations Committee, for yielding.
Mr. Speaker, today I rise in support of this supplemental
appropriation covering numerous disasters. Communities hit by
hurricanes, wildfires, tornadoes, and other natural disasters have been
waiting too long for this needed relief. Over 40 States will be able to
receive long-needed funding provided by this bill.
The bill provides critical aid to help farmers and ranchers recover
from losses to crops and livestock. Funding for cities and schools that
have had their infrastructure damaged by natural disasters will be able
to begin necessary repairs to buildings.
The bill includes $50 million for the Department of Labor's
dislocated worker national reserve. This funding will go to States to
create temporary employment opportunities to assist with cleanup and
recovery efforts for areas impacted by a disaster.
The bill includes over $300 million for the Department of Health and
Human Services, and $80 million is provided to support community health
centers for construction, equipment, and healthcare services for low-
income populations. The bill provides $20 million for the Centers for
Disease Control and Prevention to assess and mitigate environmental
hazards, and $100 million is targeted to mental health and substance
use services, helping people rebuild and recover.
The bill includes $30 million for childcare services and over $50
million to repair damaged Head Start facilities. The bill includes $25
million for the community services block grant, flexible funding that
supports a range of social services for vulnerable populations.
The Department of Education receives $165 million to help restart
operations at elementary and secondary schools and colleges and
universities in areas damaged by natural disasters. This funding will
also support school districts and colleges and universities outside of
the affected areas receiving students displaced by the storms and other
covered disasters.
Before I close, Mr. Speaker, I would be remiss if I didn't mention
what is not in this bill, and that is more than $4 billion to deal with
the intolerable situation at the southern border. This money has been
requested by the administration. Most of that money is to take care of
the unprecedented influx of unaccompanied minors. Our Democratic
friends claim they care about these young people, but they fail to
provide the funds needed that are required to feed, house, and provide
medical care to this population. This is something that we need to look
at and, frankly, deal with immediately.
As past chairman and now ranking member for the subcommittee that
looks after the Department of Health and Human Services, I can tell you
they are on the verge of running out of money, and we are going to have
a real disaster with young people that I know none of us wants.
So I want to urge my friends to turn their attention to that urgent
matter and work with the administration on it. I urge passage of the
legislation, Mr. Speaker.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
{time} 1515
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Mr. Speaker, I rise today in strong support of this
supplemental funding bill. This funding bill is critical to the
panhandle of Florida as they recover, Mr. Speaker, from Hurricane
Michael.
Under T-HUD's jurisdiction, this bill allocates $2.4 billion for
CDBG-DR and $1.7 billion for highways. CDBG-DR is crucial to
communities to help with unmet housing, business, and infrastructure
needs.
More broadly, Mr. Speaker, this bill also addresses agricultural
needs, including for the timber industry that got hit so hard in north
Florida. It will also help rebuild Tyndall Air Force Base.
I am so proud of the work that we have done, and I want to also thank
my counterpart, the chairman of the subcommittee, Chairman Price, for
his hard work; also, Representative Neal Dunn of Florida, who has been
an advocate; as well as the appropriators from Florida on the
Appropriations Committee.
Mr. Speaker, lastly, I thank the chairwoman, Mrs. Lowey, and the
ranking member, Ms. Granger, for their continued leadership and help,
and I urge a ``yes'' vote.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Roy).
Mr. ROY. Mr. Speaker, I thank the gentlewoman from Texas and
appreciate all that she does for the great State of Texas.
I rise in gratitude that this disaster relief bill will be debated
and voted on today. It is important legislation that impacts people
suffering in the wake of numerous emergencies and natural disasters.
My Democratic colleagues tried three separate times to pass this $19
billion disaster supplemental, which is unpaid for and most Members
haven't read, without Members present for a vote through simple consent
with, solely, two Members in this Chamber.
I objected, along with my colleagues Mr. Massie and Mr. Rose, to that
process because, as I said throughout the past week, Members should
cast an up-or-down vote on major legislation that spends a significant
amount of taxpayer money.
The American people send their Representatives to Washington to
represent them. They deserve to see how we vote.
While I am happy the Speaker chose to go back to regular procedure, I
am still troubled that we are poised to spend $19 billion that is not
paid for when we are racking up approximately $100 million an hour in
national debt. At some point, before it is too late, Congress will get
serious about restraining out-of-control spending.
In the 10 days this body recessed since the Friday before Memorial
Day, we have racked up approximately $24 billion in additional debt. At
least today we are voting, which is what I requested all along.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I strongly support the supplemental
appropriations bill and urge a ``yes'' vote, and I yield back the
balance of my time.
Mrs. LOWEY. Mr. Speaker, today will be the third time since January
that the House has passed an emergency disaster package, the third time
we have advanced relief and recovery assistance for the people--from
those in Florida and Puerto Rico to those in California and the
Carolinas, in Georgia and in communities all across America--trying to
rebuild their lives and return to normal.
Our fellow Americans have waited long enough for the help they need
from our government, and I am pleased this bill will deliver that help.
Mr. Speaker, I urge its swift passage and enactment, and I yield back
the balance of my time.
Mr. BISHOP of Georgia. Mr. Speaker, once again, I rise to support
this bill.
On October 10, 2018, my district took a direct hit from Hurricane
Michael, one of the most powerful storms to make landfall in U.S.
history. It slammed into the Florida Panhandle, drove through much of
the Southeast leaving
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a path of destruction all the way up to Virginia. In Georgia, many
producers suffered nearly 100 percent crop losses. Hurricane Michael
killed more than 2 million chickens and devastated the Georgia cotton
crop, which was nearing peak harvest, and was on track to be the best
crop in years. This was the third straight year hurricane damage has
caused significant losses to the pecan, peanut, cotton, vegetable,
landscaping, and agritourism industries.
The Carolinas also suffered billions in damages a month earlier, from
Hurricane Florence. Californians had another devastating fire season,
including both the largest and deadliest fires on record. In Hawaii,
volcanic activity caused pineapple farmers nearly $30M in damages.
Americans in the Northern Mariana Islands and American Samoa were also
hit by violent cyclones.
To meet these needs, this House passed and sent to the Senate an
emergency supplemental appropriations bill on January 16, 2019 that
allocated $14.17 billion in emergency spending to help families and
communities recover from these hurricanes, wildfires, and other natural
disasters. For agriculture, it provided $3 billion for crop losses,
$150 million for the Rural Community Facilities Program; $480 million
for the Emergency Forest Restoration Program; $125 million for the
Emergency Watershed Program. It provided $600 million in desperately
needed funds to help with Puerto Rico's continued recovery from
Hurricane Maria in 2017. Thanks to my fellow Georgian, Austin Scott,
and the House leadership on a bi-partisan basis for quickly getting
this bill passed.
But as we passed it, the Trump Office of Management and Budget (OMB)
issued a Statement of Administration Policy, saying ``The FEMA's
Disaster Relief Fund (DRF)--a significant mechanism through which the
Federal Government conducts response efforts for major disasters and
emergencies--has sufficient balances to address all immediate threats
to life and property resulting from these recent disasters.''
Meaning: no additional funds were required for disasters.
I strongly disagree, farmers and communities in all the impacted
States and territories disagree, and even the USDA disagrees.
The emergency supplemental appropriations bill was stalled in the
Senate for 4 long months with no action and no relief for Americans who
are suffering. When it finally passed in the Senate on May 23, 2019, I
returned to Washington during recess to ask for unanimous consent for
the House to pass the updated disaster bill. Unfortunately, it was
blocked.
I cannot understand why anyone would play politics when communities
coast to coast and the territories remain in catastrophic hard times.
America's farmers are living through the worst economic crisis in
almost 30 years, driven by low commodity prices, trade war pressures,
and natural disasters. Those impacted have had their patience stretched
thin, and cannot wait any longer for the disaster assistance they were
promised. Right now due to disaster losses, they cannot pay federal
operational loans from last year; nor can they get new loans to plant
and operate this year.
Planting season is now. We are already in the growing season, when
conditions permit normal plant growth. If we miss this window, it will
have long lasting effects on agricultural production including food,
fiber, building materials, and fuel that will increase costs for
American consumers all over this country.
We have entered the 2019 Atlantic hurricane season, which officially
began on June 1, 2019.
Today I am once again supporting an emergency supplemental bill as
more disasters have hit since the last bill passed, the latest being
the terrible floods in the Midwest and the tornadoes that ripped
through Georgia and Alabama. This expanded supplemental bill will
provide for the needs of those who suffered in those disasters.
I will add an additional $5 billion and brings the appropriations
total to $19.1 billion, which would cover all disasters, and get the
much needed funds to those who were so severely devastated by Hurricane
Michael. It will help communities rebuild, assist farmers and rural
communities, provide critical health care, nutritional assistance, and
social services for disaster victims, and repair damaged federal
facilities.
I urge my House and Senate colleagues to support this bill to finally
bring relief to our long-suffering communities.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 2157,
the Supplemental Appropriations Act for Fiscal Year 2019.
This bill is a comprehensive emergency disaster supplemental bill I
to help meet the urgent needs of American communities still struggling
to recover from recent hurricanes, typhoons, wildfires, floods and
other natural disasters.
This bill would have been signed into law much earlier, had it not
been thwarted by Republican House Members from the 21st Congressional
District of Texas and from the 4th Congressional District of Kentucky
who deprived the bill of the unanimous consent needed for passage.
This robust disaster package includes $17.2 billion in long overdue
emergency spending for disaster-stricken communities across our nation
and territories.
It builds on the legislation that passed the House in January--
including an additional $3 billion to address the urgent needs of those
living in the Midwest (Nebraska, Missouri, South Dakota, Iowa and
Kansas) and South (Mississippi, Alabama, Florida, Georgia and the
Carolinas) who have been devastated by flooding and tornadoes in recent
months.
This bill also provides some additional disaster assistance to
communities continuing to recover from Hurricane Harvey.
House Democrats are standing up and acting to help communities across
the United States and in Puerto Rico, Texas, the Northern Mariana
Islands, Guam, the U.S. Virgin Islands and American Samoa recover and
heal from devastating disasters--these communities should not be held
hostage because of this administration's benign neglect toward Puerto
Rico.
Senate Republicans should come to their senses and join Democrats in
advancing this bill and speeding relief to millions of Americans.
Included in this legislation is critical funding for:
Infrastructure and community development to rebuild our
transportation systems and repair housing, businesses and public
infrastructure;
Farmers and rural communities to bolster the farmer safety net and
restore disaster-damaged lands;
Social services, mental health, education and dislocated worker
initiatives to invest in the well-being of children, workers and
families in disaster-struck areas--including providing critical
nutrition and Medicaid assistance for Puerto Rico and U.S. territories;
DOD and Veterans Affairs to repair and rebuild hurricane-damaged
bases and facilities; and
Disaster resiliency to mitigate damage and costs from future
disasters which are becoming more frequent as a result of climate
change.
American families hit by natural disasters deserve to know that
(their government will stand with them throughout the road to recovery.
Democrats are committed to delivering this assistance to our fellow
Americans as they work to rebuild their lives and their communities.
Mr. Speaker, H.R. 2157, the ``Supplemental Appropriations Act of
2019,'' provides much needed and long overdue relief to Americans in
Puerto Rico, the U.S. Virgin Islands and Texans who are still suffering
from the ravages of Hurricanes Maria, Irma, and Harvey as well as
provide relief to victims of Hurricane Michael which struck Alabama,
Florida, and Georgia in October 2018 and to the victims of the
Midwestern floods.
Hurricane Harvey ranks as the second-most costly hurricane to hit the
U.S. mainland since 1900, causing more than $125 billion in damage.
Our residents need more money for single-family home repairs, whether
it is disaster recovery or general housing dollars and I will continue
to strive on behalf of the neighborhoods and on behalf of hard-working
homeowners who deserve these funds, so they can continue on with their
lives and return to their homes.
Victims of natural disasters are entitled to know who to contact when
issues related to FEMA arise and to be assured that their questions are
answered, and complaints addressed.
Allocating funding for measures such as Electricity Delivery for
necessary expenses related to the consequences of Hurricanes Harvey,
Maria, Irma, and Super Typhoon Yutu, is vital to negate the effects of
these catastrophic events from significantly worsening.
Hospitals, first-responders, and a number of other vital institutions
that help our communities recover from the after-effects of natural
disasters need access to electricity.
Moreover, with the severity of natural disasters and the ranging of
their locations, we must be proactive in our preparation for recovery.
Alternatively, water is the most essential resource known to man.
A human can go for more than three weeks without food--Mahatma Gandhi
survived 21 days of complete starvation--but water is a different
story.
At least 60 percent of the adult body is made of it and every living
cell in the body needs it to keep functioning.
Under extreme conditions an adult can lose 1 to 1.5 liters of sweat
per hour and if that lost water is not replaced, the total volume of
body fluid can fall quickly and, most dangerously, blood volume may
drop.
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We do not have the luxury of ignoring hurricanes, floods,
earthquakes, mudslides, tornados or other natural disasters.
With these events it is not a question of ``if'', but ``when.''
For these reasons, I urge my colleagues to support H.R. 2157.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Mrs. Lowey) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 2157.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. LOWEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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