Additional Supplemental Appropriations for Disaster Relief Act, 2019
This bill provides FY2019 supplemental appropriations to several federal departments and agencies for expenses related to the consequences of recent wildfires, hurricanes, volcanos, earthquakes, typhoons, and other natural disasters.
The funding provided by this bill is designated as emergency spending, which is exempt from discretionary spending limits and other budget enforcement rules.
Specifically, the bill includes appropriations for
The bill also extends the National Flood Insurance Program through September 30, 2019.
[116th Congress Public Law 20]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 871]]
Public Law 116-20
116th Congress
An Act
Making supplemental appropriations for the fiscal year ending September
30, 2019, and for other purposes. <<NOTE: June 6, 2019 - [H.R. 2157]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Additional
Supplemental Appropriations for Disaster Relief Act, 2019.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Time period.>>
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
[[Page 133 STAT. 872]]
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, <<NOTE: Reports.>>
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.
[[Page 133 STAT. 873]]
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
[[Page 133 STAT. 874]]
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 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. <<NOTE: Grants. Puerto Rico.>> 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. <<NOTE: Study. Survey. Puerto Rico.>> 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,
[[Page 133 STAT. 875]]
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. <<NOTE: 7 USC 1508 note.>> 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. <<NOTE: Certification.>> 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.),
[[Page 133 STAT. 876]]
$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, <<NOTE: Spending plan. Deadline.>> 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, <<NOTE: Spending plan. Deadline.>> 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.
[[Page 133 STAT. 877]]
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,
[[Page 133 STAT. 878]]
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 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
[[Page 133 STAT. 879]]
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, <<NOTE: Reports.>> 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, <<NOTE: Reports.>> That the Assistant Secretary of the Army
for Civil Works shall provide a monthly report directly to the
Committees on Appropriations
[[Page 133 STAT. 880]]
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, <<NOTE: Reports.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Reports.>> 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.
[[Page 133 STAT. 881]]
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, <<NOTE: Reimbursement.>> 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.
[[Page 133 STAT. 882]]
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 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.
[[Page 133 STAT. 883]]
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.
[[Page 133 STAT. 884]]
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, <<NOTE: Reports. Cost estimates.>> 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
[[Page 133 STAT. 885]]
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: <<NOTE: Determination.>> 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
[[Page 133 STAT. 886]]
for drinking water facilities and waste water treatment plants impacted
by Typhoon Yutu: Provided further, That the funds appropriated herein
shall be used for eligible projects whose purpose is to reduce flood or
fire damage risk and vulnerability or to enhance resiliency to rapid
hydrologic change or natural disaster at treatment works as defined by
section 212 of the Federal Water Pollution Control Act or any eligible
facilities under section 1452 of the Safe Drinking Water Act, and for
other eligible tasks at such treatment works or facilities necessary to
further such purposes: Provided further, That the Administrator of the
Environmental Protection Agency may retain up to $1,000,000 of the funds
appropriated herein for management and oversight: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and the calendar year 2018 wildfires, $1,000,000, to remain
available until expended for the forest inventory and analysis program:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
state and private forestry
For an additional amount for ``State and Private Forestry'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and the calendar year 2018 wildfires, $12,000,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes Florence
and Michael, and the calendar year 2018 wildfires, $84,960,000, to
remain available until expended: Provided, That of this amount
$21,000,000 shall be used for hazardous fuels management activities:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 887]]
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. <<NOTE: Deadline. Operating plans.>> 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, <<NOTE: Time period.>> 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.
[[Page 133 STAT. 888]]
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
[[Page 133 STAT. 889]]
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, <<NOTE: Time period.>> 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
[[Page 133 STAT. 890]]
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.
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.
[[Page 133 STAT. 891]]
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: <<NOTE: Determination.>> 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, <<NOTE: Determination. Notification. Deadline.>> 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. <<NOTE: Deadline. Spend plan. Cost estimates.>> 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 <<NOTE: Time period.>> , 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);
[[Page 133 STAT. 892]]
(4) by inserting after subparagraph (D), the following:
``(E) <<NOTE: Time period.>> 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) <<NOTE: Northern Mariana Islands.>> 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) <<NOTE: Time period. Guam. American
Samoa.>> 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) <<NOTE: Deadline. Guam. American
Samoa. Plans.>> 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, <<NOTE: Deadline. Spend plan. Funding estimates.>>
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
[[Page 133 STAT. 893]]
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, <<NOTE: Deadline. Expenditure
plans.>> 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 <<NOTE: Deadline. Expenditure plan.>> , 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 emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
[[Page 133 STAT. 894]]
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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Notice.>> 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, <<NOTE: Expenditure
plan.>> 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.
[[Page 133 STAT. 895]]
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.
[[Page 133 STAT. 896]]
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, <<NOTE: Determination.>> 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, <<NOTE: Certification.>> 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, <<NOTE: Review.>> 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
[[Page 133 STAT. 897]]
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, <<NOTE: Certification.>> 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, <<NOTE: Website. Public
information. Criteria. Determination.>> 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, <<NOTE: Plan. Criteria.>> That prior to the obligation of
funds a grantee shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing, economic
revitalization, and mitigation in the most impacted and distressed
areas: Provided further, That such funds may not be used for activities
reimbursed by, or for which funds have been made available by, the
Federal Emergency Management Agency or the Army Corps of Engineers, in
excess of the authorized amount of the project or its components:
Provided further, That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community Development Act
[[Page 133 STAT. 898]]
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) <<NOTE: 132 Stat. 3531.>> 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 <<NOTE: Waiver authority.>> , 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.): <<NOTE: Federal Register, publication. Notice. Deadline.>>
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
[[Page 133 STAT. 899]]
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. <<NOTE: Revised plans.>> 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,
[[Page 133 STAT. 900]]
any additional action plan revisions shall follow the requirements
contained therein.
(b) <<NOTE: 42 USC 5322.>> 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. <<NOTE: Federal Register, publication. Deadline.>> 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) <<NOTE: Reviews. Deadlines.>> 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, <<NOTE: Certification.>> 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
[[Page 133 STAT. 901]]
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 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. <<NOTE: President.>> 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. <<NOTE: President.>> 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 ``June 14, 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 ``June 14, 2019'' and inserting
``September 30, 2019''.
(c) <<NOTE: Effective date. 42 USC 4016 note.>> If this Act is
enacted after June 14, 2019, the amendments made by subsections (a) and
(b) shall take effect as if enacted on June 14, 2019.
[[Page 133 STAT. 902]]
This Act may be cited as the ``Additional Supplemental
Appropriations for Disaster Relief Act, 2019''.
Approved June 6, 2019.
LEGISLATIVE HISTORY--H.R. 2157:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 165 (2019):
May 10, considered and passed House.
May 23, considered and passed Senate, amended.
June 3, House concurred in Senate amendment.
<all>
Motion to waive all applicable budgetary discipline with respect to the measure agreed to in Senate by Yea-Nay Vote. 84 - 9. Record Vote Number: 128.
Roll Call #128 (Senate)Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 85 - 8. Record Vote Number: 129.
Roll Call #129 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 85 - 8. Record Vote Number: 129.
Roll Call #129 (Senate)Message on Senate action sent to the House.
Ms. Shalala asked unanimous consent to take from the Speaker's table the bill, H.R. 2157, and agree to the Senate amendment. Mr. Roy objected to the consideration of the Senate amendment.
Mr. Bishop (GA) asked unanimous consent to take from the Speaker's table the bill, H.R. 2157, and agree to the Senate amendment. Mr. Massie objected to the consideration of the Senate amendment.
Mr. Evans asked unanimous consent to take from the Speaker's table the bill, H.R. 2157, and agree to the Senate amendment. Mr. John W. Rose (TN) objected to the consideration of the Senate amendment.
Mrs. Lowey moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H4184-4195, H4204)
Enacted as Public Law 116-20
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DEBATE - The House proceeded with 40 minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 2157.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 354 - 58 (Roll no. 232).(text: CR H4184-4192)
Roll Call #232 (House)On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 354 - 58 (Roll no. 232). (text: CR H4184-4192)
Roll Call #232 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Pursuant to the provisions of H. Con. Res. 45, enrollment corrections on H.R. 2157 have been made.
Signed by President.
Signed by President.
Became Public Law No: 116-20.
Became Public Law No: 116-20.