th st congress session h. r. 46674 for an additional amount for the ‘‘office of the sec-5...
TRANSCRIPT
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115TH CONGRESS 1ST SESSION H. R. 4667
Making further supplemental appropriations for the fiscal year ending Sep-
tember 30, 2018, for disaster assistance for Hurricanes Harvey, Irma,
and Maria, and calendar year 2017 wildfires, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 18, 2017
Mr. FRELINGHUYSEN introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL Making further supplemental appropriations for the fiscal
year ending September 30, 2018, for disaster assistance
for Hurricanes Harvey, Irma, and Maria, and calendar
year 2017 wildfires, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
DIVISION A—DISASTER ASSISTANCE 3
The following sums are appropriated, out of any 4
money in the Treasury not otherwise appropriated, for the 5
fiscal year ending September 30, 2018, and for other pur-6
poses, namely: 7
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TITLE I 1
DEPARTMENT OF AGRICULTURE 2
OFFICE OF THE SECRETARY 3
For an additional amount for the ‘‘Office of the Sec-4
retary’’, $2,600,000,000, which shall remain available 5
until September 30, 2019, for necessary expenses related 6
to crops, trees, bushes, vines, and livestock losses resulting 7
from Hurricanes Harvey, Irma, Maria, and other hurri-8
canes and wildfires occurring in calendar year 2017 under 9
such terms and conditions as determined by the Secretary: 10
Provided, That the Secretary may provide assistance for 11
such losses in the form of block grants to eligible states 12
and territories: Provided further, That the total amount 13
of payments received under this heading and applicable 14
policies of crop insurance under the Federal Crop Insur-15
ance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop 16
Disaster Assistance Program (NAP) under section 196 of 17
the Federal Agriculture Improvement and Reform Act of 18
1996 (7 U.S.C. 7333) shall not exceed 85 percent of the 19
loss as determined by the Secretary: Provided further, 20
That the total amount of payments received under this 21
heading for producers who did not obtain a policy or plan 22
of insurance for an insurable commodity for the 2017 crop 23
year, or 2018 crop year in the case of citrus, under the 24
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 25
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the crop incurring the losses or did not file the required 1
paperwork and pay the service fee by the applicable State 2
filing deadline for a noninsurable commodity for the 2017 3
crop year under NAP for the crop incurring the losses 4
shall not exceed 65 percent of the loss as determined by 5
the Secretary: Provided further, That producers receiving 6
payments under this heading, as determined by the Sec-7
retary, shall be required to purchase crop insurance where 8
crop insurance is available for the next two available crop 9
years, and producers receiving payments under this head-10
ing shall be required to purchase coverage under NAP 11
where crop insurance is not available in the next two avail-12
able crop years, as determined by the Secretary: Provided 13
further, That, not later than 90 days after the end of fiscal 14
year 2018, the Secretary shall submit a report to the Con-15
gress specifying the type, amount, and method of such as-16
sistance by state and territory and the status of the 17
amounts obligated and plans for further expenditure and 18
include improvements that can be made to Federal Crop 19
Insurance policies, either administratively or legislatively, 20
to increase participation, particularly among underserved 21
producers, in higher levels of coverage in future years for 22
crops qualifying for assistance under this heading: Pro-23
vided further, That such amount is designated by the Con-24
gress as being for an emergency requirement pursuant to 25
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section 251(b)(2)(A)(i) of the Balanced Budget and 1
Emergency Deficit Control Act of 1985. 2
OFFICE OF INSPECTOR GENERAL 3
For an additional amount for ‘‘Office of Inspector 4
General’’, $2,500,000, to remain available until expended, 5
for oversight and audit of programs, grants, and activities 6
funded by this division and administered by the Depart-7
ment of Agriculture: Provided, That such amount is des-8
ignated by the Congress as being for an emergency re-9
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-10
anced Budget and Emergency Deficit Control Act of 1985. 11
AGRICULTURAL RESEARCH SERVICE 12
BUILDINGS AND FACILITIES 13
For an additional amount for ‘‘Buildings and Facili-14
ties’’, $22,000,000, to remain available until expended, for 15
necessary expenses related to the consequences of Hurri-16
canes Harvey, Irma and Maria: Provided, That such 17
amount is designated by the Congress as being for an 18
emergency requirement pursuant to section 19
251(b)(2)(A)(i) of the Balanced Budget and Emergency 20
Deficit Control Act of 1985. 21
FARM SERVICE AGENCY 22
EMERGENCY CONSERVATION PROGRAM 23
For an additional amount for the ‘‘Emergency Con-24
servation Program’’ for necessary expenses related to the 25
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consequences of Hurricanes Harvey, Irma, and Maria and 1
of wildfires occurring in calendar year 2017, and other 2
natural disasters, $400,000,000, to remain available until 3
expended: Provided, That not less than $300,000,000 of 4
the amount made available in the previous proviso shall 5
be for necessary expenses resulting from a major disaster 6
declared pursuant to the Robert T. Stafford Disaster Re-7
lief and Emergency Assistance Act (42 U.S.C. 5121 et 8
seq.): Provided further, That such amount is designated 9
by the Congress as being for an emergency requirement 10
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-11
et and Emergency Deficit Control Act of 1985. 12
NATURAL RESOURCES CONSERVATION SERVICE 13
WATERSHED AND FLOOD PREVENTION OPERATIONS 14
For an additional amount, for ‘‘Watershed and Flood 15
Prevention Operations’’, for necessary expenses for the 16
Emergency Watershed Protection Program related to the 17
consequences of Hurricanes Harvey, Irma, and Maria and 18
of wildfires occurring in calendar year 2017, and other 19
natural disasters, $541,000,000, to remain available until 20
expended: Provided, That not less than $400,000,000 of 21
the amount made available in the previous proviso shall 22
be for necessary expenses resulting from a major disaster 23
declared pursuant to the Robert T. Stafford Disaster Re-24
lief and Emergency Assistance Act (42 U.S.C. 5121 et 25
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seq.): Provided further, That such amount is designated 1
by the Congress as being for an emergency requirement 2
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-3
et and Emergency Deficit Control Act of 1985. 4
RURAL DEVELOPMENT PROGRAMS 5
RURAL HOUSING SERVICE 6
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 7
For an additional amount for costs of direct loans, 8
including costs relating to modification of such loans, as 9
those terms are defined in section 502 of the Congres-10
sional Budget Act of 1974 (2 U.S.C. 661a), $18,672,000 11
shall be for direct loans for the rehabilitation of section 12
515 rental housing (42 U.S.C. 1485) in locations where 13
owners were not required to carry national flood insur-14
ance, to remain available until September 30, 2019: Pro-15
vided, That such funds shall be for areas impacted by 16
Hurricanes Harvey, Irma, and Maria: Provided further, 17
That such amount is designated by the Congress as being 18
for an emergency requirement pursuant to section 19
251(b)(2)(A)(i) of the Balanced Budget and Emergency 20
Deficit Control Act of 1985. 21
RURAL UTILITIES SERVICE 22
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT 23
For an additional amount for the ‘‘Rural Water and 24
Waste Disposal Program Account’’, $165,475,000, to re-25
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main available until expended, for grants to repair drink-1
ing water systems and sewer and solid waste disposal sys-2
tems impacted by Hurricanes Harvey, Irma, and Maria: 3
Provided, That not to exceed $2,000,000 of the amount 4
appropriated under this heading shall be for technical as-5
sistance grants for rural water and waste systems pursu-6
ant to section 306(a)(14) of the Consolidated Farm and 7
Rural Development Act: Provided further, That such 8
amount is designated by the Congress as being for an 9
emergency requirement pursuant to section 10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
Deficit Control Act of 1985. 12
FOOD AND NUTRITION SERVICE 13
COMMODITY ASSISTANCE PROGRAM 14
For an additional amount for ‘‘Commodity Assistance 15
Program’’ for the emergency food assistance program as 16
authorized by section 27(a) of the Food and Nutrition Act 17
of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 18
Emergency Food Assistance Act of 1983 (7 U.S.C. 19
7508(a)(1)), $24,000,000, to remain available until Sep-20
tember 30, 2019: Provided, That notwithstanding any 21
other provisions of the Emergency Food Assistance Act 22
of 1983, the Secretary of Agriculture may allocate addi-23
tional foods and funds for administrative expenses from 24
resources specifically appropriated, transferred, or repro-25
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grammed to provide resources to Puerto Rico, the United 1
States Virgin Islands, and States affected by wildfires oc-2
curring in calendar year 2017 or Hurricanes Harvey, 3
Irma, and Maria, as determined by the Secretary, without 4
regard to sections 204 and 214 of such Act (7 U.S.C. 5
7508, 7515): Provided further, That such funds will be 6
designated for States impacted by Hurricanes Harvey, 7
Irma, and Maria, or wildfire and subject to a federal major 8
disaster or emergency declaration: Provided further, That 9
such amount is designated by the Congress as being for 10
an emergency requirement pursuant to section 11
251(b)(2)(A)(i) of the Balanced Budget and Emergency 12
Deficit Control Act of 1985. 13
DEPARTMENT OF HEALTH AND HUMAN 14
SERVICES 15
FOOD AND DRUG ADMINISTRATION 16
BUILDINGS AND FACILITIES 17
(INCLUDING TRANSFER OF FUNDS) 18
For an additional amount for ‘‘Buildings and Facili-19
ties’’, $7,600,000, to remain available until expended, for 20
necessary expenses related to the consequences of Hurri-21
canes Harvey, Irma, and Maria: Provided, That such 22
amount may be transferred to ‘‘Department of Health and 23
Human Services—Food and Drug Administration Salaries 24
and Expenses’’ for costs related to repair of facilities, for 25
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replacement of equipment, and for other increases in facil-1
ity-related costs: Provided further, That obligations in-2
curred for the purposes provided herein prior to the date 3
of enactment of this Act may be charged to funds appro-4
priated by this paragraph: Provided further, That such 5
amount is designated by the Congress as being for an 6
emergency requirement pursuant to section 7
251(b)(2)(A)(i) of the Balanced Budget and Emergency 8
Deficit Control Act of 1985. 9
GENERAL PROVISION—THIS TITLE 10
SEC. 101. (a) Section 1501(d)(1) of the Agricultural 11
Act of 2014 (7 U.S.C. 9081(d)(1)) is amended by striking 12
‘‘not more than $20,000,000’’ and inserting ‘‘not more 13
than $40,000,000’’. 14
(b) The amount provided by subsection (a) for fiscal 15
year 2018 is designated by the Congress as being for an 16
emergency requirement pursuant to section 17
251(b)(2)(A)(i) of the Balanced Budget and Emergency 18
Deficit Control Act of 1985. 19
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TITLE II 1
DEPARTMENT OF COMMERCE 2
ECONOMIC DEVELOPMENT ADMINISTRATION 3
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 4
(INCLUDING TRANSFERS OF FUNDS) 5
Pursuant to section 703 of the Public Works and 6
Economic Development Act (42 U.S.C. 3233), for an addi-7
tional amount for ‘‘Economic Development Assistance 8
Programs’’ for necessary expenses related to flood mitiga-9
tion, disaster relief, long-term recovery, and restoration of 10
infrastructure in areas that received a major disaster des-11
ignation as a result of Hurricanes Harvey, Irma, and 12
Maria, and the calendar year 2017 wildfires, under the 13
Robert T. Stafford Disaster Relief and Emergency Assist-14
ance Act (42 U.S.C. 5121 et seq.), $600,000,000, to re-15
main available until expended: Provided, That the amount 16
provided under this heading is designated by the Congress 17
as being for an emergency requirement pursuant to sec-18
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-19
gency Deficit Control Act of 1985: Provided further, That 20
within the amount appropriated, up to 2 percent of funds 21
may be transferred to the ‘‘Salaries and Expenses’’ ac-22
count for administration and oversight activities: Provided 23
further, That within the amount appropriated, $1,000,000 24
shall be transferred to the ‘‘Office of Inspector General’’ 25
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account for carrying out investigations and audits related 1
to the funding provided under this heading. 2
NATIONAL OCEANIC AND ATMOSPHERIC 3
ADMINISTRATION 4
OPERATIONS, RESEARCH, AND FACILITIES 5
For an additional amount for ‘‘Operations, Research, 6
and Facilities’’ for necessary expenses related to the con-7
sequences of Hurricanes Harvey, Irma, and Maria, 8
$120,904,000, to remain available until September 30, 9
2019, as follows: (1) $12,904,000 for repair and replace-10
ment of observing assets, Federal real property, and 11
equipment; (2) $18,000,000 for marine debris assessment 12
and removal; (3) $40,000,000 for mapping, charting, and 13
geodesy services; and (4) $50,000,000 to improve weather 14
forecasting, hurricane intensity forecasting and flood fore-15
casting and mitigation capabilities, including data assimi-16
lation from ocean observing platforms and satellites: Pro-17
vided, That the amount provided under this heading is 18
designated by the Congress as being for an emergency re-19
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-20
anced Budget and Emergency Deficit Control Act of 1985. 21
PROCUREMENT, ACQUISITION AND CONSTRUCTION 22
For an additional amount for ‘‘Procurement, Acquisi-23
tion and Construction’’ for necessary expenses related to 24
the consequences of Hurricanes Harvey, Irma, and Maria, 25
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$79,232,000, to remain available until September 30, 1
2020, as follows: (1) $29,232,000 for repair and replace-2
ment of Federal real property and observing assets; and 3
(2) $50,000,000 for improvements to operational and re-4
search weather supercomputing infrastructure and for im-5
provement of satellite ground services used in hurricane 6
intensity and track prediction: Provided, That the amount 7
provided under this heading is designated by the Congress 8
as being for an emergency requirement pursuant to sec-9
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-10
gency Deficit Control Act of 1985. 11
DEPARTMENT OF JUSTICE 12
UNITED STATES MARSHALS SERVICE 13
SALARIES AND EXPENSES 14
For an additional amount for ‘‘Salaries and Ex-15
penses’’ for necessary expenses related to the con-16
sequences of Hurricanes Harvey, Irma, and Maria, 17
$2,500,000: Provided, That the amount provided under 18
this heading is designated by the Congress as being for 19
an emergency requirement pursuant to section 20
251(b)(2)(A)(i) of the Balanced Budget and Emergency 21
Deficit Control Act of 1985. 22
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FEDERAL BUREAU OF INVESTIGATION 1
SALARIES AND EXPENSES 2
For an additional amount for ‘‘Salaries and Ex-3
penses’’ for necessary expenses related to the con-4
sequences of Hurricanes Harvey, Irma, and Maria, 5
$21,200,000: Provided, That the amount provided under 6
this heading is designated by the Congress as being for 7
an emergency requirement pursuant to section 8
251(b)(2)(A)(i) of the Balanced Budget and Emergency 9
Deficit Control Act of 1985. 10
DRUG ENFORCEMENT ADMINISTRATION 11
SALARIES AND EXPENSES 12
For an additional amount for ‘‘Salaries and Ex-13
penses’’ for necessary expenses related to the con-14
sequences of Hurricanes Harvey, Irma, and Maria, 15
$11,500,000: Provided, That the amount provided under 16
this heading is designated by the Congress as being for 17
an emergency requirement pursuant to section 18
251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
Deficit Control Act of 1985. 20
FEDERAL PRISON SYSTEM 21
SALARIES AND EXPENSES 22
For an additional amount for ‘‘Salaries and Ex-23
penses’’ for necessary expenses related to the con-24
sequences of Hurricanes Harvey, Irma, and Maria, 25
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$16,000,000: Provided, That the amount provided under 1
this heading is designated by the Congress as being for 2
an emergency requirement pursuant to section 3
251(b)(2)(A)(i) of the Balanced Budget and Emergency 4
Deficit Control Act of 1985. 5
BUILDINGS AND FACILITIES 6
For an additional amount for ‘‘Buildings and Facili-7
ties’’ for necessary expenses related to the consequences 8
of Hurricanes Harvey, Irma, and Maria, $34,000,000, to 9
remain available until expended: Provided, That the 10
amount provided under this heading is designated by the 11
Congress as being for an emergency requirement pursuant 12
to section 251(b)(2)(A)(i) of the Balanced Budget and 13
Emergency Deficit Control Act of 1985. 14
SCIENCE 15
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 16
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND 17
RESTORATION 18
For an additional amount for ‘‘Construction and En-19
vironmental Compliance and Restoration’’ for repairs at 20
National Aeronautics and Space Administration facilities 21
damaged by hurricanes during 2017, $81,300,000, to re-22
main available until expended: Provided, That the amount 23
provided under this heading is designated by the Congress 24
as being for an emergency requirement pursuant to sec-25
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tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-1
gency Deficit Control Act of 1985. 2
NATIONAL SCIENCE FOUNDATION 3
RESEARCH AND RELATED ACTIVITIES 4
For an additional amount for ‘‘Research and Related 5
Activities’’ for necessary expenses to repair National 6
Science Foundation radio observatory facilities damaged 7
by hurricanes that occurred during 2017, $16,300,000, to 8
remain available until expended: Provided, That the 9
amount provided under this heading is designated by the 10
Congress as being for an emergency requirement pursuant 11
to section 251(b)(2)(A)(i) of the Balanced Budget and 12
Emergency Deficit Control Act of 1985: Provided further, 13
That the National Science Foundation shall submit a 14
spending plan to the Committees on Appropriations of the 15
House of Representatives and the Senate within 45 days 16
after the date of enactment of this Act. 17
RELATED AGENCIES 18
LEGAL SERVICES CORPORATION 19
PAYMENT TO THE LEGAL SERVICES CORPORATION 20
For an additional amount for ‘‘Payment to the Legal 21
Services Corporation’’ to carry out the purposes of the 22
Legal Services Corporation Act by providing for necessary 23
expenses related to the consequences of Hurricanes Har-24
vey, Irma, and Maria, $1,000,000: Provided, That the 25
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amount made available under this heading shall be used 1
only to provide the mobile resources, technology, and dis-2
aster coordinators necessary to provide storm-related serv-3
ices to the Legal Services Corporation client population 4
and only in the areas significantly affected by Hurricanes 5
Harvey, Irma, and Maria: Provided further, That such 6
amount is designated by the Congress as being for an 7
emergency requirement pursuant to section 8
251(b)(2)(A)(i) of the Balanced Budget and Emergency 9
Deficit Control Act of 1985: Provided further, That none 10
of the funds appropriated in this division to the Legal 11
Services Corporation shall be expended for any purpose 12
prohibited or limited by, or contrary to any of the provi-13
sions of, sections 501, 502, 503, 504, 505, and 506 of 14
Public Law 105–119, and all funds appropriated in this 15
division to the Legal Services Corporation shall be subject 16
to the same terms and conditions set forth in such sec-17
tions, except that all references in sections 502 and 503 18
to 1997 and 1998 shall be deemed to refer instead to 2017 19
and 2018, respectively, and except that sections 501 and 20
503 of Public Law 104–134 (referenced by Public Law 21
105–119) shall not apply to the amount made available 22
under this heading: Provided further, That, for the pur-23
poses of this division, the Legal Services Corporation shall 24
be considered an agency of the United States Government. 25
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TITLE III 1
DEPARTMENT OF DEFENSE 2
DEPARTMENT OF DEFENSE—MILITARY 3
OPERATION AND MAINTENANCE 4
OPERATION AND MAINTENANCE, ARMY 5
For an additional amount for ‘‘Operation and Main-6
tenance, Army’’, $20,110,000, to remain available until 7
September 30, 2018, for necessary expenses related to the 8
consequences of Hurricanes Harvey, Irma or Maria: Pro-9
vided, That such amount is designated by the Congress 10
as being for an emergency requirement pursuant to sec-11
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-12
gency Deficit Control Act of 1985. 13
OPERATION AND MAINTENANCE, NAVY 14
For an additional amount for ‘‘Operation and Main-15
tenance, Navy’’, $267,796,000, to remain available until 16
September 30, 2018, for necessary expenses related to the 17
consequences of Hurricanes Harvey, Irma or Maria: Pro-18
vided, That such amount is designated by the Congress 19
as being for an emergency requirement pursuant to sec-20
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-21
gency Deficit Control Act of 1985. 22
OPERATION AND MAINTENANCE, MARINE CORPS 23
For an additional amount for ‘‘Operation and Main-24
tenance, Marine Corps’’, $17,920,000, to remain available 25
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until September 30, 2018, for necessary expenses related 1
to the consequences of Hurricanes Harvey, Irma or Maria: 2
Provided, That such amount is designated by the Congress 3
as being for an emergency requirement pursuant to sec-4
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-5
gency Deficit Control Act of 1985. 6
OPERATION AND MAINTENANCE, AIR FORCE 7
For an additional amount for ‘‘Operation and Main-8
tenance, Air Force’’, $20,916,000, to remain available 9
until September 30, 2018, for necessary expenses related 10
to the consequences of Hurricanes Harvey, Irma or Maria: 11
Provided, That such amount is designated by the Congress 12
as being for an emergency requirement pursuant to sec-13
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-14
gency Deficit Control Act of 1985. 15
OPERATION AND MAINTENANCE, DEFENSE-WIDE 16
For an additional amount for ‘‘Operation and Main-17
tenance, Defense-Wide’’, $2,650,000, to remain available 18
until September 30, 2018, for necessary expenses related 19
to the consequences of Hurricanes Harvey, Irma or Maria: 20
Provided, That such amount is designated by the Congress 21
as being for an emergency requirement pursuant to sec-22
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-23
gency Deficit Control Act of 1985. 24
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OPERATION AND MAINTENANCE, ARMY RESERVE 1
For an additional amount for ‘‘Operation and Main-2
tenance, Army Reserve’’, $12,500,000, to remain available 3
until September 30, 2018, for necessary expenses related 4
to the consequences of Hurricanes Harvey, Irma or Maria: 5
Provided, That such amount is designated by the Congress 6
as being for an emergency requirement pursuant to sec-7
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-8
gency Deficit Control Act of 1985. 9
OPERATION AND MAINTENANCE, NAVY RESERVE 10
For an additional amount for ‘‘Operation and Main-11
tenance, Navy Reserve’’, $2,922,000, to remain available 12
until September 30, 2018, for necessary expenses related 13
to the consequences of Hurricanes Harvey, Irma or Maria: 14
Provided, That such amount is designated by the Congress 15
as being for an emergency requirement pursuant to sec-16
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-17
gency Deficit Control Act of 1985. 18
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 19
For an additional amount for ‘‘Operation and Main-20
tenance, Air Force Reserve’’, $5,770,000, to remain avail-21
able until September 30, 2018, for necessary expenses re-22
lated to the consequences of Hurricanes Harvey, Irma or 23
Maria: Provided, That such amount is designated by the 24
Congress as being for an emergency requirement pursuant 25
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to section 251(b)(2)(A)(i) of the Balanced Budget and 1
Emergency Deficit Control Act of 1985. 2
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 3
For an additional amount for ‘‘Operation and Main-4
tenance, Army National Guard’’, $55,471,000, to remain 5
available until September 30, 2018, for necessary expenses 6
related to the consequences of Hurricanes Harvey, Irma 7
or Maria: Provided, That such amount is designated by 8
the Congress as being for an emergency requirement pur-9
suant to section 251(b)(2)(A)(i) of the Balanced Budget 10
and Emergency Deficit Control Act of 1985. 11
PROCUREMENT 12
OTHER PROCUREMENT, NAVY 13
For an additional amount for ‘‘Other Procurement, 14
Navy’’ $18,000,000, to remain available until September 15
30, 2020, for necessary expenses related to the con-16
sequences of Hurricanes Harvey, Irma or Maria: Provided, 17
That such amount is designated by the Congress as being 18
for an emergency requirement pursuant to section 19
251(b)(2)(A)(i) of the Balanced Budget and Emergency 20
Deficit Control Act of 1985. 21
REVOLVING AND MANAGEMENT FUNDS 22
DEFENSE WORKING CAPITAL FUNDS 23
For an additional amount for ‘‘Defense Working 24
Capital Funds’’ for the Navy Working Capital Fund, 25
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$9,486,000, to remain available until September 30, 2018, 1
for necessary expenses related to the consequences of Hur-2
ricanes Harvey, Irma or Maria: Provided, That such 3
amount is designated by the Congress as being for an 4
emergency requirement pursuant to section 5
251(b)(2)(A)(i) of the Balanced Budget and Emergency 6
Deficit Control Act of 1985. 7
OTHER DEPARTMENT OF DEFENSE PROGRAMS 8
DEFENSE HEALTH PROGRAM 9
For an additional amount for operation and mainte-10
nance for ‘‘Defense Health Program’’, $704,000, to re-11
main available until September 30, 2018, for necessary ex-12
penses related to the consequences of Hurricanes Harvey, 13
Irma or Maria: Provided, That such amount is designated 14
by the Congress as being for an emergency requirement 15
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-16
et and Emergency Deficit Control Act of 1985. 17
TITLE IV 18
CORPS OF ENGINEERS—CIVIL 19
DEPARTMENT OF THE ARMY 20
CORPS OF ENGINEERS—CIVIL 21
INVESTIGATIONS 22
For an additional amount for ‘‘Investigations’’ for 23
necessary expenses related to the consequences of Hurri-24
canes Harvey, Irma, and Maria, $75,000,000, to remain 25
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available until expended to expedite and complete at full 1
Federal expense studies, including Preconstruction Engi-2
neering and Design, for flood and storm damage reduc-3
tion, including shore protection, in areas that were af-4
fected by Hurricanes Harvey, Irma, or Maria: Provided, 5
That the Secretary may use funding provided under this 6
heading to complete ongoing studies, to initiate and com-7
plete up to two authorized studies for assessing regional 8
flood and storm risks, and to initiate and complete up to 9
six authorized feasibility studies: Provided further, That 10
the Secretary shall consider giving priority to studies in 11
areas that suffered the most damage from these hurri-12
canes and to studies in areas that have had multiple major 13
disaster declarations in recent years: Provided further, 14
That a report identifying all ongoing studies, authorized 15
studies for assessing regional flood and storm risks in the 16
impacted areas, and authorized feasibility studies eligible 17
for funding under this heading, including identification of 18
whether each study is in a category to be considered for 19
priority, shall be submitted to the Committees on Appro-20
priations of the House of Representatives and the Senate 21
not later than 30 days after the date of enactment of this 22
Act: Provided further, That no allocation shall be made 23
to initiate any new study until the Secretary submits to 24
the Committees on Appropriations of the House of Rep-25
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resentatives and the Senate a list of all new studies se-1
lected to be initiated using funds provided under this 2
heading: Provided further, That such amount is designated 3
by the Congress as an emergency requirement pursuant 4
to section 251(b)(2)(A)(i) of the Balanced Budget and 5
Emergency Deficit Control Act of 1985: Provided further, 6
That beginning not later than 60 days after the date of 7
enactment of this Act, the Assistant Secretary of the Army 8
for Civil Works shall provide monthly reports to the Com-9
mittees on Appropriations of the House of Representatives 10
and the Senate detailing the allocation and obligation of 11
these funds. 12
CONSTRUCTION 13
For an additional amount for ‘‘Construction’’ for nec-14
essary expenses related to the consequences of natural dis-15
asters, including Hurricanes Harvey, Irma, and Maria, 16
$10,480,000,000, to remain available until expended to re-17
habilitate, repair, and construct United States Army 18
Corps of Engineers projects: Provided, That $55,000,000 19
of the funds provided under this heading shall be used 20
to address emergency situations at Corps of Engineers 21
projects, and to rehabilitate and repair damages to Corps 22
of Engineers projects, caused by natural disasters: Pro-23
vided further, That $10,425,000,000 of the funds provided 24
under this heading shall be used to expedite construction 25
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of projects for flood and storm damage reduction, includ-1
ing shore protection, in areas that were affected by Hurri-2
canes Harvey, Irma, or Maria: Provided further, That the 3
Secretary shall consider giving priority to projects located 4
in areas that suffered the most damage from these hurri-5
canes and to projects located in areas that have had mul-6
tiple major disaster declarations in recent years: Provided 7
further, That funding utilized for authorized shore protec-8
tion projects shall restore such projects from the design 9
level of protection to the full project profile at full Federal 10
expense: Provided further, That the completion of ongoing 11
construction projects receiving funds provided under this 12
heading shall be at full Federal expense with respect to 13
such funds: Provided further, That upon approval of the 14
Committees on Appropriations of the House of Represent-15
atives and the Senate funds provided under this heading 16
may be used to construct any project studied using funds 17
provided under the heading ‘‘Investigations’’ or any 18
project with a completed Chief’s Report that has not yet 19
been authorized if the Secretary determines that the 20
project is technically feasible, economically justified, and 21
environmentally acceptable: Provided further, That, using 22
these funds, the non-Federal cash contribution for author-23
ized but unconstructed projects, projects with completed 24
Chief’s Reports that have not yet been authorized, or 25
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projects that are funded as ongoing studies under the 1
heading ‘‘Investigations’’ shall be financed in accordance 2
with the provisions of section 103(k) of Public Law 99– 3
662 over a period of 30 years from the date of completion 4
of the project or separable element: Provided further, That 5
a report identifying all ongoing construction projects, au-6
thorized but unconstructed projects, and projects with 7
completed Chief’s Reports that have not yet been author-8
ized, including project cost estimates and identification of 9
whether each project is in a category to be considered for 10
priority, shall be submitted to the Committees on Appro-11
priations of the House of Representatives and the Senate 12
not later than 45 days after the date of enactment of this 13
Act: Provided further, That not more than $500,000,000 14
of the funds provided to expedite construction shall be 15
available until such report is submitted: Provided further, 16
That for projects funded under this heading, the provi-17
sions of section 902 of the Water Resources Development 18
Act of 1986 shall not apply to these funds: Provided fur-19
ther, That up to $50,000,000 of the funds provided to ex-20
pedite construction shall be used to expedite continuing 21
authorities projects to reduce the risk of flooding and 22
storm damage in areas impacted by Hurricanes Harvey, 23
Irma, or Maria: Provided further, That any projects using 24
funds appropriated under this heading shall be initiated 25
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only after non-Federal interests have entered into binding 1
agreements with the Secretary requiring the non-Federal 2
interests to pay 100 percent of the operation, mainte-3
nance, repair, replacement, and rehabilitation costs of the 4
project and to hold and save the United States free from 5
damages due to the construction or operation and mainte-6
nance of the project, except for damages due to the fault 7
or negligence of the United States or its contractors: Pro-8
vided further, That such amount is designated by the Con-9
gress as an emergency requirement pursuant to section 10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
Deficit Control Act of 1985: Provided further, That begin-12
ning not later than 60 days after the date of enactment 13
of this Act, the Assistant Secretary of the Army for Civil 14
Works shall provide monthly reports to the Committees 15
on Appropriations of the House of Representatives and the 16
Senate detailing the allocation and obligation of these 17
funds. 18
MISSISSIPPI RIVER AND TRIBUTARIES 19
For an additional amount for ‘‘Mississippi River and 20
Tributaries’’, $370,000,000, to remain available until ex-21
pended, for necessary expenses to dredge navigation 22
projects in response to, and repair damages to Corps of 23
Engineers projects caused by, natural disasters: Provided, 24
That such amount is designated by the Congress as an 25
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emergency requirement pursuant to section 1
251(b)(2)(A)(i) of the Balanced Budget and Emergency 2
Deficit Control Act of 1985: Provided further, That begin-3
ning not later than 60 days after the date of enactment 4
of this Act, the Assistant Secretary of the Army for Civil 5
Works shall provide monthly reports to the Committees 6
on Appropriations of the House of Representatives and the 7
Senate detailing the allocation and obligation of these 8
funds. 9
OPERATION AND MAINTENANCE 10
For an additional amount for ‘‘Operation and Main-11
tenance’’ for necessary expenses to dredge navigation 12
projects in response to, and repair damages to Corps of 13
Engineers projects caused by, natural disasters, 14
$608,000,000, to remain available until expended, of 15
which such sums as are necessary to cover the Federal 16
share of eligible operation and maintenance costs for 17
coastal harbors and channels, and for inland harbors shall 18
be derived from the Harbor Maintenance Trust Fund: 19
Provided, That such amount is designated by the Congress 20
as an emergency requirement pursuant to section 21
251(b)(2)(A)(i) of the Balanced Budget and Emergency 22
Deficit Control Act of 1985: Provided further, That begin-23
ning not later than 60 days after the date of enactment 24
of this Act, the Assistant Secretary of the Army for Civil 25
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Works shall provide monthly reports to the Committees 1
on Appropriations of the House of Representatives and the 2
Senate detailing the allocation and obligation of these 3
funds. 4
FLOOD CONTROL AND COASTAL EMERGENCIES 5
For an additional amount for ‘‘Flood Control and 6
Coastal Emergencies’’, as authorized by section 5 of the 7
Act of August 18, 1941 (33 U.S.C. 701n), for necessary 8
expenses to prepare for flood, hurricane and other natural 9
disasters and support emergency operations, repairs, and 10
other activities in response to such disasters, as authorized 11
by law, $537,000,000, to remain available until expended: 12
Provided, That such amount is designated by the Congress 13
as an emergency requirement pursuant to section 14
251(b)(2)(A)(i) of the Balanced Budget and Emergency 15
Deficit Control Act of 1985: Provided further, That begin-16
ning not later than 60 days after the date of enactment 17
of this Act, the Assistant Secretary of the Army for Civil 18
Works shall provide monthly reports to the Committees 19
on Appropriations of the House of Representatives and the 20
Senate detailing the allocation and obligation of these 21
funds. 22
EXPENSES 23
For an additional amount for ‘‘Expenses’’ for nec-24
essary expenses related to the consequences of Hurricanes 25
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Harvey, Irma, and Maria, $20,000,000, to remain avail-1
able until expended to oversee emergency response and re-2
covery activities: Provided, That such amount is des-3
ignated by the Congress as being for an emergency re-4
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-5
anced Budget and Emergency Deficit Control Act of 1985: 6
Provided further, That beginning not later than 60 days 7
after the date of enactment of this Act, the Assistant Sec-8
retary of the Army for Civil Works shall provide monthly 9
reports to the Committees on Appropriations of the House 10
of Representatives and the Senate detailing the allocation 11
and obligation of these funds. 12
DEPARTMENT OF ENERGY 13
ENERGY PROGRAMS 14
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 15
For an additional amount for ‘‘Electricity Delivery 16
and Energy Reliability’’, $13,000,000, to remain available 17
until expended, for necessary expenses related to natural 18
disasters, including technical assistance related to electric 19
grids: Provided, That such amount is designated by the 20
Congress as an emergency requirement pursuant to sec-21
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-22
gency Deficit Control Act of 1985. 23
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STRATEGIC PETROLEUM RESERVE 1
For an additional amount for ‘‘Strategic Petroleum 2
Reserve’’, $8,716,000, to remain available until expended, 3
for necessary expenses related to damages caused by nat-4
ural disasters: Provided, That such amount is designated 5
by the Congress as an emergency requirement pursuant 6
to section 251(b)(2)(A)(i) of the Balanced Budget and 7
Emergency Deficit Control Act of 1985. 8
GENERAL PROVISION—THIS TITLE 9
SEC. 401. In fiscal year 2018 and each fiscal year 10
thereafter, the Chief of Engineers of the U.S. Army Corps 11
of Engineers shall transmit to the Congress, after reason-12
able opportunity for comment, but without change, by the 13
Assistant Secretary of the Army for Civil Works, a month-14
ly report, the first of which shall be transmitted to Con-15
gress not later than 2 days after the date of enactment 16
of this Act and monthly thereafter, which includes detailed 17
estimates of damages to each Corps of Engineers project, 18
caused by natural disasters or otherwise. 19
TITLE V 20
GENERAL SERVICES ADMINISTRATION 21
FEDERAL BUILDINGS FUND 22
For an additional amount to be deposited in the 23
‘‘Federal Buildings Fund’’, $126,951,000, to remain 24
available until expended, for necessary expenses related to 25
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the consequences of Hurricanes Harvey, Maria, and Irma, 1
for repair and alteration of buildings under the custody 2
and control of the Administrator of General Services, and 3
real property management and related activities not other-4
wise provided for: Provided, That funds may be used to 5
reimburse the ‘‘Federal Buildings Fund’’ for obligations 6
incurred for this purpose prior to enactment of this Act: 7
Provided further, That not more than $15,000,000 shall 8
be available for tenant improvements in damaged U.S. 9
courthouses: Provided further, That such amount is des-10
ignated by the Congress as being for an emergency re-11
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-12
anced Budget and Emergency Deficit Control Act of 1985. 13
SMALL BUSINESS ADMINISTRATION 14
DISASTER LOANS PROGRAM ACCOUNT 15
(INCLUDING TRANSFER OF FUNDS) 16
For an additional amount for the ‘‘Small Business 17
Administration—Disaster Loans Program Account’’ for 18
the cost of direct loans authorized by section 7(b) of the 19
Small Business Act, $1,652,000,000, to remain available 20
until expended: Provided, That up to $618,000,000 may 21
be transferred to and merged with ‘‘Salaries and Ex-22
penses’’ for administrative expenses to carry out the dis-23
aster loan program authorized by section 7(b) of the Small 24
Business Act: Provided further, That none of the funds 25
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provided under this heading may be used for indirect ad-1
ministrative expenses: Provided further, That the amount 2
provided under this heading is designated by the Congress 3
as being for an emergency requirement pursuant to sec-4
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-5
gency Deficit Control Act of 1985. 6
OFFICE OF INSPECTOR GENERAL 7
For an additional amount for the ‘‘Small Business 8
Administration—Office of Inspector General’’, 9
$7,000,000, to remain available until expended: Provided, 10
That such amount is designated by the Congress as being 11
for an emergency requirement pursuant to section 12
251(b)(2)(A)(i) of the Balanced Budget and Emergency 13
Deficit Control Act of 1985. 14
TITLE VI 15
DEPARTMENT OF HOMELAND SECURITY 16
OFFICE OF INSPECTOR GENERAL 17
OPERATIONS AND SUPPORT 18
For an additional amount for ‘‘Operations and Sup-19
port’’ for necessary expenses related to the consequences 20
of Hurricanes Harvey, Irma, and Maria, $25,000,000, to 21
remain available until September 30, 2020, for audits and 22
investigations of activities funded by this title: Provided, 23
That such amount is designated by the Congress as being 24
for an emergency requirement pursuant to section 25
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251(b)(2)(A)(i) of the Balanced Budget and Emergency 1
Deficit Control Act of 1985. 2
U.S. CUSTOMS AND BORDER PROTECTION 3
OPERATIONS AND SUPPORT 4
For an additional amount for ‘‘Operations and Sup-5
port’’ for necessary expenses related to the consequences 6
of Hurricanes Harvey, Irma, and Maria, $104,494,000, 7
to remain available until September 30, 2019: Provided, 8
That such amount is designated by the Congress as being 9
for an emergency requirement pursuant to section 10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
Deficit Control Act of 1985: Provided further, That not 12
more than $39,400,000 may be used to carry out U.S. 13
Customs and Border Protection activities in fiscal year 14
2018 in Puerto Rico and the United States Virgin Islands, 15
in addition to any other amounts available for such pur-16
poses. 17
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 18
For an additional amount for ‘‘Procurement, Con-19
struction, and Improvements’’ for necessary expenses re-20
lated to the consequences of Hurricanes Harvey, Irma, 21
and Maria, $3,000,000, to remain available until Sep-22
tember 30, 2022: Provided, That such amount is des-23
ignated by the Congress as being for an emergency re-24
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-25
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anced Budget and Emergency Deficit Control Act of 1985: 1
Provided further, That funds are provided to carry out 2
U.S. Customs and Border Protection activities in Puerto 3
Rico and the United States Virgin Islands, in addition to 4
any other amounts available for such purposes. 5
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 6
OPERATIONS AND SUPPORT 7
For an additional amount for ‘‘Operations and Sup-8
port’’ for necessary expenses related to the consequences 9
of Hurricanes Harvey, Irma, and Maria, $30,905,000, to 10
remain available until September 30, 2019: Provided, 11
That such amount is designated by the Congress as being 12
for an emergency requirement pursuant to section 13
251(b)(2)(A)(i) of the Balanced Budget and Emergency 14
Deficit Control Act of 1985. 15
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 16
For an additional amount for ‘‘Procurement, Con-17
struction, and Improvements’’ for necessary expenses re-18
lated to the consequences of Hurricanes Harvey, Irma, 19
and Maria, $33,052,000, to remain available until Sep-20
tember 30, 2022: Provided, That such amount is des-21
ignated by the Congress as being for an emergency re-22
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-23
anced Budget and Emergency Deficit Control Act of 1985. 24
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TRANSPORTATION SECURITY ADMINISTRATION 1
OPERATIONS AND SUPPORT 2
For an additional amount for ‘‘Operations and Sup-3
port’’ for necessary expenses related to the consequences 4
of Hurricanes Harvey, Irma, and Maria, $10,322,000, to 5
remain available until September 30, 2019: Provided, 6
That such amount is designated by the Congress as being 7
for an emergency requirement pursuant to section 8
251(b)(2)(A)(i) of the Balanced Budget and Emergency 9
Deficit Control Act of 1985. 10
COAST GUARD 11
OPERATING EXPENSES 12
For an additional amount for ‘‘Operating Expenses’’ 13
for necessary expenses related to the consequences of Hur-14
ricanes Harvey, Irma, and Maria, $112,136,000, to re-15
main available until September 30, 2019: Provided, That 16
such amount is designated by the Congress as being for 17
an emergency requirement pursuant to section 18
251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
Deficit Control Act of 1985. 20
ENVIRONMENTAL COMPLIANCE AND RESTORATION 21
For an additional amount for ‘‘Environmental Com-22
pliance and Restoration’’ for necessary expenses related 23
to the consequences of Hurricanes Harvey, Irma, and 24
Maria, $4,038,000, to remain available until September 25
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30, 2022: Provided, That such amount is designated by 1
the Congress as being for an emergency requirement pur-2
suant to section 251(b)(2)(A)(i) of the Balanced Budget 3
and Emergency Deficit Control Act of 1985. 4
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 5
For an additional amount for ‘‘Acquisition, Construc-6
tion, and Improvements’’ for necessary expenses related 7
to the consequences of Hurricanes Harvey, Irma, Maria, 8
and Matthew, $718,919,000, to remain available until 9
September 30, 2022: Provided, That such amount is des-10
ignated by the Congress as being for an emergency re-11
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-12
anced Budget and Emergency Deficit Control Act of 1985. 13
FEDERAL EMERGENCY MANAGEMENT AGENCY 14
OPERATIONS AND SUPPORT 15
For an additional amount for ‘‘Operations and Sup-16
port’’ for necessary expenses, $58,800,000, to remain 17
available until September 30, 2019: Provided, That such 18
amount is designated by the Congress as being for an 19
emergency requirement pursuant to section 20
251(b)(2)(A)(i) of the Balanced Budget and Emergency 21
Deficit Control Act of 1985. 22
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 23
For an additional amount for ‘‘Procurement, Con-24
struction, and Improvements’’ for necessary expenses, 25
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$1,200,000, to remain available until September 30, 2020: 1
Provided, That such amount is designated by the Congress 2
as being for an emergency requirement pursuant to sec-3
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-4
gency Deficit Control Act of 1985. 5
DISASTER RELIEF FUND 6
(INCLUDING TRANSFER OF FUNDS) 7
For an additional amount for ‘‘Disaster Relief Fund’’ 8
for major disasters declared pursuant to the Robert T. 9
Stafford Disaster Relief and Emergency Assistance Act 10
(42 U.S.C. 5121 et seq.), $27,500,000,000, to remain 11
available until expended: Provided, That the Adminis-12
trator of the Federal Emergency Management Agency 13
shall publish on the Agency’s website not later than 5 days 14
after an award of a public assistance grant under section 15
406 or 428 of the Robert T. Stafford Disaster Relief and 16
Emergency Assistance Act (42 U.S.C. 5172 or 5189f) that 17
is in excess of $1,000,000, the specifics of each such grant 18
award: Provided further, That for any mission assignment 19
or mission assignment task order to another Federal de-20
partment or agency regarding a major disaster in excess 21
of $1,000,000, not later than 5 days after the issuance 22
of such mission assignment or mission assignment task 23
order, the Administrator shall publish on the Agency’s 24
website the following: the name of the impacted State, the 25
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disaster declaration for such State, the assigned agency, 1
the assistance requested, a description of the disaster, the 2
total cost estimate, and the amount obligated: Provided 3
further, That not later than 10 days after the last day 4
of each month until a mission assignment or mission as-5
signment task order described in the preceding proviso is 6
completed and closed out, the Administrator shall update 7
any changes to the total cost estimate and the amount 8
obligated: Provided further, That for a disaster declaration 9
related to Hurricanes Harvey, Irma, or Maria, the Admin-10
istrator shall submit to the Committees on Appropriations 11
of the House of Representatives and the Senate, not later 12
than 5 days after the first day of each month beginning 13
after the date of enactment of this Act, and shall publish 14
on the Agency’s website, not later than 10 days after the 15
first day of each such month, an estimate or actual 16
amount, if available, for the current fiscal year of the cost 17
of the following categories of spending: public assistance, 18
individual assistance, operations, mitigation, administra-19
tive, and any other relevant category (including emergency 20
measures and disaster resources): Provided further, That 21
not later than 10 days after the first day of each month, 22
the Administrator shall publish on the Agency’s website 23
the report (referred to as the Disaster Relief Monthly Re-24
port) as required by Public Law 114–4. 25
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Of the amounts provided under this heading for the 1
Disaster Relief Fund, up to $4,000,000,000 may be trans-2
ferred to the Disaster Assistance Direct Loan Program 3
Account for the cost of direct loans as authorized under 4
section 417 of the Robert T. Stafford Disaster Relief and 5
Emergency Assistance Act (42 U.S.C. 5184) to be used 6
to assist local governments in providing essential services 7
as a result of Hurricanes Harvey, Irma, or Maria: Pro-8
vided further, That such amounts may subsidize gross obli-9
gations for the principal amount of direct loans not to ex-10
ceed $4,000,000,000 under section 417 of the Robert T. 11
Stafford Disaster Relief and Emergency Assistance Act 12
(42 U.S.C. 5184): Provided further, That notwithstanding 13
section 417 of the Robert T. Stafford Disaster Relief and 14
Emergency Assistance Act (42 U.S.C. 5184), a territory 15
or possession, and instrumentalities and local governments 16
thereof, of the United States shall be deemed to be a local 17
government for purposes of this paragraph: Provided fur-18
ther, That notwithstanding section 417(b) of the Robert 19
T. Stafford Disaster Relief and Emergency Assistance Act 20
(42 U.S.C. 5184(b)), the amount of any such loan issued 21
to a territory or possession, and instrumentalities and 22
local governments thereof, may be based on the projected 23
loss of tax and other revenues and on projected cash out-24
lays not previously budgeted for a period not to exceed 25
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180 days from the date of the major disaster, and may 1
exceed $5,000,000: Provided further, That notwith-2
standing any other provision of law or the constitution of 3
a territory or possession that limits the issuance of debt, 4
a territory or possession, and instrumentalities and local 5
governments thereof, may each receive more than one loan 6
with repayment provisions and other terms specific to the 7
type of lost tax and other revenues and on projected 8
unbudgeted cash outlays for which the loan is provided: 9
Provided further, That notwithstanding section 417(c)(1) 10
of the Robert T. Stafford Disaster Relief and Emergency 11
Assistance Act (42 U.S.C. 5184(c)(1)), loans to a territory 12
or possession, and instrumentalities and local governments 13
thereof, may be cancelled in whole or in part only at the 14
discretion of the Secretary of Homeland Security in con-15
sultation with the Secretary of the Treasury: Provided fur-16
ther, That notwithstanding any other provision of law, the 17
Secretary of Homeland Security, in consultation with the 18
Secretary of the Treasury, shall determine the terms, con-19
ditions, eligible uses, and timing and amount of Federal 20
disbursements of loans issued to a territory or possession, 21
and instrumentalities and local governments thereof: Pro-22
vided further, That such costs, including the cost of modi-23
fying such loans, shall be as defined in section 502 of the 24
Congressional Budget Act of 1974 (2 U.S.C. 661a): Pro-25
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vided further, That the Federal Emergency Management 1
Agency may transfer up to 1.5 percent of the amount 2
under this paragraph to the Disaster Assistance Direct 3
Loan Program Account for administrative expenses to 4
carry out under this paragraph the direct loan program, 5
as authorized by section 417 of the Robert T. Stafford 6
Disaster Relief and Emergency Assistance Act (42 U.S.C. 7
5184): Provided further, That of the amount provided 8
under this paragraph for transfer, up to $150,000,000 9
may be transferred to the Disaster Assistance Direct Loan 10
Program Account for the cost to lend a territory or posses-11
sion of the United States that portion of assistance for 12
which the territory or possession is responsible under the 13
cost-sharing provisions of the major disaster declaration 14
for Hurricanes Irma or Maria, as authorized under section 15
319 of the Robert T. Stafford Disaster Relief and Emer-16
gency Assistance Act (42 U.S.C. 5162): Provided further, 17
That of the amount provided under this paragraph for 18
transfer, up to $1,000,000 may be transferred to the Dis-19
aster Assistance Direct Loan Program Account for admin-20
istrative expenses to carry out the Advance of Non-Fed-21
eral Share program, as authorized by section 319 of the 22
Robert T. Stafford Disaster Relief and Emergency Assist-23
ance Act (42 U.S.C. 5162): Provided further, That the 24
amount provided under this heading is designated by the 25
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Congress as being for an emergency requirement pursuant 1
to section 251(b)(2)(A)(i) of the Balanced Budget and 2
Emergency Deficit Control Act of 1985. 3
FEDERAL LAW ENFORCEMENT TRAINING CENTERS 4
OPERATIONS AND SUPPORT 5
For an additional amount for ‘‘Operations and Sup-6
port’’ for necessary expenses related to the consequences 7
of Hurricanes Harvey, Irma, and Maria, $5,374,000, to 8
remain available until September 30, 2019: Provided, 9
That such amount is designated by the Congress as being 10
for an emergency requirement pursuant to section 11
251(b)(2)(A)(i) of the Balanced Budget and Emergency 12
Deficit Control Act of 1985. 13
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 14
For an additional amount for ‘‘Procurement, Con-15
struction, and Improvements’’ for necessary expenses re-16
lated to the consequences of Hurricanes Harvey, Irma, 17
and Maria, $5,000,000, to remain available until Sep-18
tember 30, 2022: Provided, That such amount is des-19
ignated by the Congress as being for an emergency re-20
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-21
anced Budget and Emergency Deficit Control Act of 1985. 22
GENERAL PROVISIONS—THIS TITLE 23
SEC. 601. The Administrator of the Federal Emer-24
gency Management Agency may provide assistance, pursu-25
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ant to section 428 of the Robert T. Stafford Disaster Re-1
lief and Emergency Assistance Act (42 U.S.C. 5121 et 2
seq.), for critical services as defined in section 406 of the 3
Robert T. Stafford Disaster Relief and Emergency Assist-4
ance Act for the duration of the recovery for incidents 5
DR–4336–PR, DR–4339–PR, DR–4340–USVI, and DR– 6
4335–USVI to— 7
(1) replace or restore the function of a facility 8
or system to industry standards without regard to 9
the pre-disaster condition of the facility or system; 10
and 11
(2) replace or restore components of the facility 12
or system not damaged by the disaster where nec-13
essary to fully effectuate the replacement or restora-14
tion of disaster-damaged components to restore the 15
function of the facility or system to industry stand-16
ards. 17
SEC. 602. (a) The Federal share of assistance, in-18
cluding direct Federal assistance, provided under section 19
407 of the Robert T. Stafford Disaster Relief and Emer-20
gency Assistance Act (42 U.S.C. 5173), with respect to 21
a major disaster declared pursuant to such Act for dam-22
ages resulting from a wildfire in calendar year 2017, shall 23
be 90 percent of the eligible costs under such section. 24
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(b) The Federal share provided by subsection (a) 1
shall apply to assistance provided before, on, or after the 2
date of enactment of this Act. 3
TITLE VII 4
DEPARTMENT OF THE INTERIOR 5
FISH AND WILDLIFE SERVICE 6
CONSTRUCTION 7
For an additional amount for ‘‘Construction’’ for nec-8
essary expenses related to the consequences of Hurricanes 9
Harvey, Irma, and Maria, $210,629,000, to remain avail-10
able until expended: Provided, That such amount is des-11
ignated by the Congress as being for an emergency re-12
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-13
anced Budget and Emergency Deficit Control Act of 1985. 14
NATIONAL PARK SERVICE 15
HISTORIC PRESERVATION FUND 16
For an additional amount for the ‘‘Historic Preserva-17
tion Fund’’ for necessary expenses related to the con-18
sequences of Hurricanes Harvey, Irma, and Maria, 19
$17,500,000, to remain available until September 30, 20
2019, including costs to States necessary to complete com-21
pliance activities required by section 306108 of title 54, 22
United States Code (formerly section 106 of the National 23
Historic Preservation Act), and costs needed to administer 24
the program: Provided, That grants shall only be available 25
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for areas that have received a major disaster declaration 1
pursuant to the Robert T. Stafford Disaster Relief and 2
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Pro-3
vided further, That individual grants shall not be subject 4
to a non-Federal matching requirement: Provided further, 5
That such amount is designated by the Congress as being 6
for an emergency requirement pursuant to section 7
251(b)(2)(A)(i) of the Balanced Budget and Emergency 8
Deficit Control Act of 1985. 9
CONSTRUCTION 10
For an additional amount for ‘‘Construction’’ for nec-11
essary expenses related to the consequences of Hurricanes 12
Harvey, Irma, and Maria, $207,600,000, to remain avail-13
able until expended: Provided, That such amount is des-14
ignated by the Congress as being for an emergency re-15
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-16
anced Budget and Emergency Deficit Control Act of 1985. 17
UNITED STATES GEOLOGICAL SURVEY 18
SURVEYS, INVESTIGATIONS, AND RESEARCH 19
For an additional amount for ‘‘Surveys, Investiga-20
tions, and Research’’ for necessary expenses related to the 21
consequences of Hurricanes Harvey, Irma, and Maria, and 22
in those areas impacted by a major disaster declared pur-23
suant to the Robert T. Stafford Disaster Relief and Emer-24
gency Assistance Act (42 U.S.C. 5121 et seq.) with re-25
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spect to wildfires in 2017, $42,246,000, to remain avail-1
able until expended: Provided, That such amount is des-2
ignated by the Congress as being for an emergency re-3
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-4
anced Budget and Emergency Deficit Control Act of 1985. 5
DEPARTMENTAL OFFICES 6
INSULAR AFFAIRS 7
ASSISTANCE TO TERRITORIES 8
For an additional amount for ‘‘Technical Assistance’’ 9
for financial management expenses related to the con-10
sequences of Hurricanes Irma and Maria, $3,000,000, to 11
remain available until expended: Provided, That such 12
amount is designated by the Congress as being for an 13
emergency requirement pursuant to section 14
251(b)(2)(A)(i) of the Balanced Budget and Emergency 15
Deficit Control Act of 1985. 16
OFFICE OF INSPECTOR GENERAL 17
SALARIES AND EXPENSES 18
For an additional amount for ‘‘Salaries and Ex-19
penses’’ for necessary expenses related to the con-20
sequences of Hurricanes Harvey, Irma, and Maria, 21
$2,500,000, to remain available until expended: Provided, 22
That such amount is designated by the Congress as being 23
for an emergency requirement pursuant to section 24
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251(b)(2)(A)(i) of the Balanced Budget and Emergency 1
Deficit Control Act of 1985. 2
ENVIRONMENTAL PROTECTION AGENCY 3
HAZARDOUS SUBSTANCE SUPERFUND 4
For an additional amount for ‘‘Hazardous Substance 5
Superfund’’ for necessary expenses related to the con-6
sequences of Hurricanes Harvey, Irma, and Maria, 7
$6,200,000, to remain available until expended: Provided, 8
That such amount is designated by the Congress as being 9
for an emergency requirement pursuant to section 10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
Deficit Control Act of 1985. 12
LEAKING UNDERGROUND STORAGE TANK FUND 13
For an additional amount for ‘‘Leaking Underground 14
Storage Tank Fund’’ for necessary expenses related to the 15
consequences of Hurricanes Harvey, Irma, and Maria, 16
$7,000,000, to remain available until expended: Provided, 17
That such amount is designated by the Congress as being 18
for an emergency requirement pursuant to section 19
251(b)(2)(A)(i) of the Balanced Budget and Emergency 20
Deficit Control Act of 1985. 21
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DEPARTMENT OF AGRICULTURE 1
FOREST SERVICE 2
STATE AND PRIVATE FORESTRY 3
For an additional amount for ‘‘State and Private 4
Forestry’’ for necessary expenses related to the con-5
sequences of Hurricanes Harvey, Irma, and Maria, 6
$7,500,000, to remain available until expended: Provided, 7
That such amount is designated by the Congress as being 8
for an emergency requirement pursuant to section 9
251(b)(2)(A)(i) of the Balanced Budget and Emergency 10
Deficit Control Act of 1985. 11
NATIONAL FOREST SYSTEM 12
For an additional amount for ‘‘National Forest Sys-13
tem’’ for necessary expenses related to the consequences 14
of Hurricanes Harvey, Irma, and Maria, $20,652,000, to 15
remain available until expended: Provided, That such 16
amount is designated by the Congress as being for an 17
emergency requirement pursuant to section 18
251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
Deficit Control Act of 1985. 20
CAPITAL IMPROVEMENT AND MAINTENANCE 21
For an additional amount for ‘‘Capital Improvement 22
and Maintenance’’ for necessary expenses related to the 23
consequences of Hurricanes Harvey, Irma, and Maria, and 24
the 2017 fire season, $91,600,000, to remain available 25
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until expended: Provided, That such amount is designated 1
by the Congress as being for an emergency requirement 2
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-3
et and Emergency Deficit Control Act of 1985. 4
GENERAL PROVISION—THIS TITLE 5
SEC. 701. Agencies receiving funds appropriated by 6
this title shall each provide a monthly report to the Com-7
mittees on Appropriations of the House of Representatives 8
and the Senate detailing the allocation and obligation of 9
these funds by account, beginning not later than 90 days 10
after enactment of this Act. 11
TITLE VIII 12
DEPARTMENT OF LABOR 13
EMPLOYMENT AND TRAINING ADMINISTRATION 14
TRAINING AND EMPLOYMENT SERVICES 15
(INCLUDING TRANSFERS OF FUNDS) 16
For an additional amount for ‘‘Training and Employ-17
ment Services’’, $30,000,000, for the dislocated workers 18
assistance national reserve for necessary expenses directly 19
related to the consequences of Hurricanes Harvey, Maria, 20
and Irma or the calendar year 2017 wildfires with major 21
disaster or emergency declarations under titles IV or V 22
of the Robert T. Stafford Disaster Relief and Emergency 23
Assistance Act in calendar year 2017, which shall remain 24
available until September 30, 2019: Provided, That these 25
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sums may be used to replace grant funds previously obli-1
gated to the impacted areas: Provided further, That such 2
amount is designated by the Congress as being for an 3
emergency requirement pursuant to section 4
251(b)(2)(A)(i) of the Balanced Budget and Emergency 5
Deficit Control Act of 1985. 6
JOB CORPS 7
For an additional amount for ‘‘Job Corps’’ for con-8
struction, rehabilitation and acquisition for Job Corps 9
Centers in Puerto Rico, $30,900,000, which shall be avail-10
able through June 30, 2021: Provided, That such amount 11
is designated by the Congress as being for an emergency 12
requirement pursuant to section 251(b)(2)(A)(i) of the 13
Balanced Budget and Emergency Deficit Control Act of 14
1985. 15
DEPARTMENT OF HEALTH AND HUMAN 16
SERVICES 17
CENTERS FOR DISEASE CONTROL AND PREVENTION 18
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT 19
(INCLUDING TRANSFER OF FUNDS) 20
For an additional amount for ‘‘CDC-Wide Activities 21
and Program Support’’, $200,000,000, to remain avail-22
able until expended, for response, recovery, preparation, 23
mitigation, and other expenses directly related to the con-24
sequences of Hurricanes Harvey, Irma, or Maria: Pro-25
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vided, That obligations incurred for the purposes provided 1
herein prior to the date of enactment of this Act may be 2
charged to funds appropriated by this paragraph: Provided 3
further, That of the amount provided, not less than 4
$6,000,000 shall be transferred to the ‘‘Buildings and Fa-5
cilities’’ account for the purposes provided herein: Pro-6
vided further, That such amount is designated by the Con-7
gress as being for an emergency requirement pursuant to 8
section 251(b)(2)(A)(i) of the Balanced Budget and 9
Emergency Deficit Control Act of 1985. 10
OFFICE OF THE SECRETARY 11
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 12
FUND 13
(INCLUDING TRANSFERS OF FUNDS) 14
For an additional amount for the ‘‘Public Health and 15
Social Services Emergency Fund’’, $177,000,000, to re-16
main available until expended, for response, recovery, 17
preparation, mitigation and other expenses directly related 18
to the consequences of Hurricanes Harvey, Irma, or 19
Maria, including activities authorized under section 319(a) 20
of the Public Health Service Act (referred to in this title 21
as the ‘‘PHS Act’’): Provided, That $60,000,000 shall be 22
transferred to ‘‘Health Resources and Services Adminis-23
tration—Primary Health Care’’, for expenses related to 24
the consequences of Hurricanes Harvey, Irma, or Maria 25
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for disaster response and recovery, for the Health Centers 1
Program under section 330 of the PHS Act: Provided fur-2
ther, That not less than $50,000,000, of amounts trans-3
ferred under the preceding proviso, shall be available for 4
alteration, renovation, construction, equipment, and other 5
capital improvement costs as necessary to meet the needs 6
of areas affected by Hurricanes Harvey, Irma, or Maria: 7
Provided further, That the time limitation in section 8
330(e)(3) of the PHS Act shall not apply to funds made 9
available under the preceding proviso: Provided further, 10
That not less than $20,000,000 shall be transferred to 11
‘‘Substance Abuse and Mental Health Services Adminis-12
tration—Health Surveillance and Program Support’’ for 13
grants, contracts, and cooperative agreements for behav-14
ioral health treatment, crisis counseling, and other related 15
helplines, and for other similar programs to provide sup-16
port to individuals impacted by Hurricanes Harvey, Irma, 17
or Maria: Provided further, That up to $2,000,000 shall 18
be transferred to ‘‘Office of the Secretary—Office of In-19
spector General’’ for oversight of activities responding to 20
such hurricanes: Provided further, That obligations in-21
curred for the purposes provided herein prior to the date 22
of enactment of this Act may be charged to funds appro-23
priated under this heading: Provided further, That of the 24
funds appropriated in this paragraph, $15,000,000 shall 25
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be transferred to the ‘‘National Institutes of Health—Of-1
fice of the Director’’ for the purposes provided in this 2
paragraph: Provided further, That funds transferred to the 3
National Institutes of Health for the purpose of sup-4
porting the repair or rebuilding of non-Federal biomedical 5
or behavioral research facilities damaged as a result of 6
Hurricanes Harvey, Irma, or Maria shall be used to award 7
grants or contracts for such purpose under section 404I 8
of the Public Health Service Act: Provided further, That 9
section 404I(c)(2) of such Act does not apply to the use 10
of funds described in the preceding proviso: Provided fur-11
ther, That funds appropriated in this paragraph shall not 12
be available for costs that are reimbursed by the Federal 13
Emergency Management Agency, under a contract for in-14
surance, or by self-insurance: Provided further, That such 15
additional amount is designated by the Congress as being 16
for an emergency requirement pursuant to section 17
251(b)(2)(A)(i) of the Balanced Budget and Emergency 18
Deficit Control Act of 1985. 19
ADMINISTRATION FOR CHILDREN AND FAMILIES 20
CHILDREN AND FAMILIES SERVICES PROGRAMS 21
For an additional amount for ‘‘Children and Families 22
Services Programs’’, $650,000,000, to remain available 23
until September 30, 2021, for Head Start programs, for 24
necessary expenses directly related to the consequences of 25
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Hurricanes Harvey, Irma, or Maria, including making 1
payments under the Head Start Act: Provided, That none 2
of the funds appropriated in this paragraph shall be in-3
cluded in the calculation of the ‘‘base grant’’ in subsequent 4
fiscal years, as such term is defined in sections 5
640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head 6
Start Act: Provided further, That funds appropriated in 7
this paragraph are not subject to the allocation require-8
ments of section 640(a) of the Head Start Act: Provided 9
further, That funds appropriated in this paragraph shall 10
not be available for costs that are reimbursed by the Fed-11
eral Emergency Management Agency, under a contract for 12
insurance, or by self-insurance: Provided further, That up 13
to $10,000,000 shall be available for Federal administra-14
tive expenses: Provided further, That obligations incurred 15
for the purposes provided herein prior to the date of enact-16
ment of this Act may be charged to funds appropriated 17
under this heading: Provided further, That such additional 18
amount is designated by the Congress as being for an 19
emergency requirement pursuant to section 20
251(b)(2)(A)(i) of the Balanced Budget and Emergency 21
Deficit Control Act of 1985. 22
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DEPARTMENT OF EDUCATION 1
HURRICANE EDUCATION RECOVERY 2
(INCLUDING TRANSFER OF FUNDS) 3
For an additional amount for ‘‘Hurricane Education 4
Recovery’’ for assisting in meeting the educational needs 5
of individuals affected by Hurricanes Harvey, Irma, or 6
Maria, or calendar year 2017 wildfires for which the Presi-7
dent declared a major disaster or emergency under section 8
401 or 501 of the Robert T. Stafford Disaster Relief and 9
Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 10
5191) (referred to herein as a ‘‘covered disaster or emer-11
gency’’), $2,900,000,000, to remain available through 12
September 30, 2021: Provided, That such additional 13
amount is designated by the Congress as being for an 14
emergency requirement pursuant to section 15
251(b)(2)(A)(i) of the Balanced Budget and Emergency 16
Deficit Control Act of 1985: Provided further, That— 17
(1) such funds shall be used— 18
(A) to make awards, which shall be avail-19
able until expended, to eligible entities for im-20
mediate aid to restart school operations, in ac-21
cordance with paragraph (2); 22
(B) for temporary emergency impact aid 23
for displaced students, in accordance with para-24
graph (2); 25
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(C) for emergency assistance to institu-1
tions of higher education and students attend-2
ing institutions of higher education in an area 3
directly affected by a covered disaster or emer-4
gency in accordance with paragraph (3); 5
(D) for payments to institutions of higher 6
education to help defray the unexpected ex-7
penses associated with enrolling displaced stu-8
dents from institutions of higher education di-9
rectly affected by a covered disaster or emer-10
gency, in accordance with paragraph (4); and 11
(E) to provide assistance to local edu-12
cational agencies serving homeless children and 13
youth in accordance with paragraph (5); 14
(2) immediate aid to restart school operations 15
and temporary emergency impact aid for displaced 16
students described in subparagraphs (A) and (B) of 17
paragraph (1) shall be provided under the statutory 18
terms and conditions that applied to assistance 19
under sections 102 and 107 of title IV of division B 20
of Public Law 109–148, respectively, including the 21
nondiscrimination provisions under section 107(m), 22
except that such sections shall be applied so that— 23
(A) each reference to a major disaster de-24
clared in accordance with section 401 of the 25
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Robert T. Stafford Disaster Relief and Emer-1
gency Assistance Act (42 U.S.C. 5170) shall be 2
to a major disaster or emergency declared by 3
the President in accordance with section 401 or 4
501, respectively, of such Act; 5
(B) each reference to Hurricane Katrina 6
or Hurricane Rita shall be a reference to a cov-7
ered disaster or emergency; 8
(C) each reference to August 22, 2005, 9
when used in relation to a covered disaster or 10
emergency, shall be to the date that is one week 11
prior to the date on which the major disaster or 12
emergency was declared for the area; 13
(D) each reference to the States of Lou-14
isiana, Mississippi, Alabama, and Texas shall be 15
to the States or territories affected by a covered 16
disaster or emergency, and each reference to 17
the State educational agencies of Louisiana, 18
Mississippi, Alabama, or Texas shall be a ref-19
erence to the State educational agencies that 20
serve the states or territories affected by a cov-21
ered disaster or emergency; 22
(E) each reference to the 2005–2006 23
school year shall be to the 2017–2018 school 24
year; 25
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(F) the references in section 102(h)(1) of 1
title IV of division B of Public Law 109–148 to 2
the number of non-public elementary schools 3
and secondary schools in the State shall be to 4
the number of students in non-public elemen-5
tary schools and secondary schools in the State, 6
and the reference in such section to the 2003– 7
2004 school year shall be to the most recent 8
data set for the 2016–2017 school year; 9
(G) in determining the amount of imme-10
diate aid provided to restart school operations 11
as described in section 102(b) of title IV of di-12
vision B of Public Law 109–148, the Secretary 13
shall consider the number of students enrolled, 14
during the 2016–2017 school year, in elemen-15
tary schools and secondary schools that were 16
closed as a result of a covered disaster or emer-17
gency; 18
(H) in determining the amount of emer-19
gency impact aid that a State educational agen-20
cy is eligible to receive under paragraph (1)(B), 21
the Secretary shall, subject to section 22
107(d)(1)(B) of such title, provide— 23
(i) $9,000 for each displaced student 24
who is an English learner, as that term is 25
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defined in section 8101 of the Elementary 1
and Secondary Education Act of 1965 (20 2
U.S.C. 7801); 3
(ii) $10,000 for each displaced stu-4
dent who is a child with disability (regard-5
less of whether the child is an English 6
learner); and 7
(iii) $8,500 for each displaced student 8
who is not a child with a disability or an 9
English learner; and 10
(I) with respect to the emergency impact 11
aid provided under paragraph (1)(B), the Sec-12
retary may modify the State educational agency 13
and local educational agency application 14
timelines in section 107(c) of such title; 15
(3) up to $200,000,000 of the funds made 16
available under this heading shall be for programs 17
authorized under subpart 3 of part A and part C of 18
title IV and part B of title VII of the Higher Edu-19
cation Act of 1965 (20 U.S.C. 1087–51 et seq., 20
1138 et seq.) for institutions located in an area af-21
fected by a covered disaster or emergency, and stu-22
dents enrolled in such institutions, except that— 23
(A) any requirements relating to matching, 24
Federal share, reservation of funds, or mainte-25
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nance of effort under such parts that would 1
otherwise be applicable to that assistance shall 2
not apply; 3
(B) such assistance may be used for stu-4
dent financial assistance; 5
(C) such assistance may also be used for 6
faculty and staff salaries, equipment, student 7
supplies and instruments, or any purpose au-8
thorized under the Higher Education Act of 9
1965, by institutions of higher education that 10
are located in areas affected by a covered dis-11
aster or emergency; and 12
(D) the Secretary shall prioritize, to the 13
extent possible, students who are homeless or at 14
risk of becoming homeless as a result of dis-15
placement, and institutions that have sustained 16
extensive damage, by a covered disaster or 17
emergency; 18
(4) up to $120,000,000 of the funds made 19
available under this heading shall be for payments to 20
institutions of higher education to help defray the 21
unexpected expenses associated with enrolling dis-22
placed students from institutions of higher education 23
at which operations have been disrupted by a cov-24
ered disaster or emergency, in accordance with cri-25
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teria established by the Secretary and made publicly 1
available; 2
(5) $25,000,000 of the funds made available 3
under this heading shall be available to provide as-4
sistance to local educational agencies serving home-5
less children and youths displaced by a covered dis-6
aster or emergency, consistent with section 723 of 7
the McKinney-Vento Homeless Assistance Act (42 8
U.S.C. 11431–11435) and with section 106 of title 9
IV of division B of Public Law 109–148, except that 10
funds shall be disbursed based on demonstrated need 11
and the number of homeless children and youth en-12
rolled as a result of displacement by a covered dis-13
aster or emergency; 14
(6) section 437 of the General Education Provi-15
sions Act (20 U.S.C. 1232) and section 553 of title 16
5, United States Code, shall not apply to activities 17
under this heading; 18
(7) $4,000,000 of the funds made available 19
under this heading, to remain available through Sep-20
tember 30, 2021, shall be transferred to the Office 21
of the Inspector General of the Department of Edu-22
cation for oversight of activities supported with 23
funds appropriated under this heading, and up to 24
$3,000,000 of the funds made available under this 25
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heading, to remain available through September 30, 1
2019, shall be for program administration; 2
(8) up to $35,000,000 of the funds made avail-3
able under this heading shall be to carry out activi-4
ties authorized under section 4631(b) of the Elemen-5
tary and Secondary Education Act of 1965 (20 6
U.S.C. 7281(b)); and 7
(9) the Secretary may waive, modify, or provide 8
extensions for certain requirements of the Higher 9
Education Act of 1965 (20 U.S.C. 1001 et seq.) for 10
affected individuals, affected students, and affected 11
institutions in covered disaster or emergency areas 12
in the same manner as the Secretary was authorized 13
to waive, modify, or provide extensions for certain 14
requirements of such Act under provisions of subtitle 15
B of title IV of division B of Public Law 109–148 16
for affected individuals, affected students, and af-17
fected institutions in areas affected by Hurricane 18
Katrina and Hurricane Rita, except that the cost as-19
sociated with any action taken by the Secretary 20
under this paragraph is designated by the Congress 21
as being for an emergency requirement pursuant to 22
section 251(b)(2)(A)(i) of the Balanced Budget and 23
Emergency Deficit Control Act of 1985. 24
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GENERAL PROVISIONS—THIS TITLE 1
(INCLUDING TRANSFERS OF FUNDS) 2
SEC. 801. (a) Notwithstanding section 133(b)(4) of 3
the Workforce Innovation and Opportunity Act, in States, 4
as defined by section 3(56) of such Act, affected by Hurri-5
canes Harvey, Irma, and Maria, a local board, as defined 6
by section 3(33) of such Act, in a local area, as defined 7
by section 3(32) of such Act, affected by such Hurricanes 8
may transfer, if such transfer is approved by the Gov-9
ernor, up to 100 percent of the funds allocated to the local 10
area for Program Years 2016 and 2017 for Youth Work-11
force Investment activities under paragraphs (2) or (3) of 12
section 128(b) of such Act, for Adult employment and 13
training activities under paragraphs (2)(A) or (3) of sec-14
tion 133(b) of such Act, or for Dislocated Worker employ-15
ment and training activities under paragraph (2)(B) of 16
section 133(b) of such Act among— 17
(1) adult employment and training activities; 18
(2) dislocated worker employment and training 19
activities; and 20
(3) youth workforce investment activities. 21
(b) Except for the funds reserved to carry out re-22
quired statewide activities under sections 127(b) and 23
134(a)(2) of the Workforce Innovation and Opportunity 24
Act, the Governor of the United States Virgin Islands may 25
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authorize the transfer of up to 100 percent of the remain-1
ing funds provided to the United States Virgin Islands for 2
Program Years 2016 and 2017 for Youth Workforce In-3
vestment activities under section 127(b)(1)(B) of such 4
Act, for Adult employment and training activities under 5
section 132(b)(1)(A) of such Act, or for Dislocated Work-6
er employment and training activities under section 7
133(b)(2)(A)) of such Act among— 8
(1) adult employment and training activities; 9
(2) dislocated worker employment and training activi-10
ties; and 11
(3) youth workforce investment activities. 12
SEC. 802. Funds appropriated by this title may be 13
transferred to, and merged with, other appropriation ac-14
counts under the headings ‘‘Centers for Disease Control 15
and Prevention’’ and ‘‘Public Health and Social Services 16
Emergency Fund’’ for the purposes specified in this title 17
following consultation with the Office of Management and 18
Budget: Provided, That the Committees on Appropriations 19
in the House of Representatives and the Senate shall be 20
notified 10 days in advance of any such transfer: Provided 21
further, That, upon a determination that all or part of the 22
funds transferred from an appropriation are not nec-23
essary, such amounts may be transferred back to that ap-24
propriation: Provided further, That none of the funds 25
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made available by this title may be transferred pursuant 1
to the authority in section 205 of division H of Public Law 2
115–31 or section 241(a) of the PHS Act. 3
SEC. 803. (a) As the Secretary of Health and Human 4
Services determines necessary to respond to a critical hir-5
ing need for emergency response positions, after providing 6
public notice and without regard to the provisions of sec-7
tions 3309 through 3319 of title 5, United States Code, 8
the Secretary may appoint candidates directly to the fol-9
lowing positions to perform critical work directly relating 10
to the consequences of Hurricanes Harvey, Irma, or 11
Maria: 12
(1) Intermittent disaster-response personnel in 13
the National Disaster Medical System, under section 14
2812 of the PHS Act (42 U.S.C. 300hh–11). 15
(2) Term or temporary appointments at the 16
Centers for Disease Control and Prevention and the 17
Office of the Assistant Secretary for Preparedness 18
and Response. 19
(b) The authority under subsection (a) shall expire 20
270 days after the date of enactment of this section. 21
SEC. 804. Notwithstanding any other provision of 22
law, the interest payment of the United States Virgin Is-23
lands that was due under section 1202(b)(1) of the Social 24
Security Act on September 29, 2017, shall not be due until 25
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September 28, 2018, and no interest shall accrue on such 1
amount through September 28, 2018. 2
SEC. 805. Agencies receiving funds appropriated by 3
this title shall each provide a monthly report to the Com-4
mittees on Appropriations of the House of Representatives 5
and the Senate detailing the allocation and obligation of 6
these funds by account, beginning not later than 90 days 7
after enactment of this Act. 8
TITLE IX 9
GOVERNMENT ACCOUNTABILITY OFFICE 10
SALARIES AND EXPENSES 11
For an additional amount for the Government Ac-12
countability Office for ‘‘Salaries and Expenses’’, 13
$14,000,000, to remain available until expended, for au-14
dits and investigations relating to Hurricanes Harvey, 15
Irma, and Maria and the calendar year 2017 wildfires: 16
Provided, That not later than 180 days after the date of 17
enactment of this Act, GAO shall submit to Congress a 18
report describing the United States Virgin Island’s eco-19
nomic and disaster recovery plan that defines the prior-20
ities, goals, and expected outcomes of the recovery effort 21
based on damage assessments prepared pursuant to Fed-22
eral law: Provided further, That GAO shall report on the 23
internal control plans that are in place to provide oversight 24
of Federal disaster funds to be used in recovery activities 25
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in the United States Virgin Islands, identify any defi-1
ciencies in such plans, and provide recommendations to 2
address noted deficiencies: Provided further, That such 3
amount is designated by the Congress as being for an 4
emergency requirement pursuant to section 5
251(b)(2)(A)(i) of the Balanced Budget and Emergency 6
Deficit Control Act of 1985. 7
TITLE X 8
DEPARTMENT OF DEFENSE 9
MILITARY CONSTRUCTION 10
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 11
For an additional amount for ‘‘Military Construction, 12
Navy and Marine Corps’’, $201,636,000, to remain avail-13
able until September 30, 2022, for necessary expenses re-14
lated to the consequences of Hurricanes Harvey, Irma, 15
and Maria: Provided, That none of the funds made avail-16
able to the Navy and Marine Corps for recovery efforts 17
related to Hurricanes Harvey, Irma, and Maria in this di-18
vision shall be available for obligation until the Commit-19
tees on Appropriations of the House of Representatives 20
and the Senate receive form 1391 for each specific re-21
quest: Provided further, That, not later than 60 days after 22
enactment of this Act, the Secretary of the Navy, or his 23
designee, shall submit to the Committees on Appropria-24
tions of House of Representatives and the Senate a de-25
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tailed expenditure plan for funds provided under this 1
heading: Provided further, That such funds may be obli-2
gated or expended for planning and design and military 3
construction projects not otherwise authorized by law: 4
Provided further, That such amount is designated by the 5
Congress as being for an emergency requirement pursuant 6
to section 251(b)(2)(A)(i) of the Balanced Budget and 7
Emergency Deficit Control Act of 1985. 8
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 9
For an additional amount for ‘‘Military Construction, 10
Army National Guard’’, $519,345,000, to remain available 11
until September 30, 2022, for necessary expenses related 12
to the consequences of Hurricanes Harvey, Irma, and 13
Maria: Provided, That none of the funds made available 14
to the Army National Guard for recovery efforts related 15
to Hurricanes Harvey, Irma, and Maria in this division 16
shall be available for obligation until the Committees on 17
Appropriations of the House of Representatives and the 18
Senate receive form 1391 for each specific request: Pro-19
vided further, That, not later than 60 days after enact-20
ment of this Act, the Director of the Army National 21
Guard, or his designee, shall submit to the Committees 22
on Appropriations of the House of Representatives and the 23
Senate a detailed expenditure plan for funds provided 24
under this heading: Provided further, That such funds may 25
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be obligated or expended for planning and design and mili-1
tary construction projects not otherwise authorized by law: 2
Provided further, That such amount is designated by the 3
Congress as being for an emergency requirement pursuant 4
to section 251(b)(2)(A)(i) of the Balanced Budget and 5
Emergency Deficit Control Act of 1985. 6
DEPARTMENT OF VETERANS AFFAIRS 7
VETERANS HEALTH ADMINISTRATION 8
MEDICAL SERVICES 9
For an additional amount for ‘‘Medical Services’’, 10
$11,075,000, to remain available until September 30, 11
2019, for necessary expenses related to the consequences 12
of Hurricanes Harvey, Irma, and Maria: Provided, That 13
such amount is designated by the Congress as being for 14
an emergency requirement pursuant to section 15
251(b)(2)(A)(i) of the Balanced Budget and Emergency 16
Deficit Control Act of 1985. 17
MEDICAL SUPPORT AND COMPLIANCE 18
For an additional amount for ‘‘Medical Support and 19
Compliance’’, $3,209,000, to remain available until Sep-20
tember 30, 2019, for necessary expenses related to the 21
consequences of Hurricanes Harvey, Irma, and Maria: 22
Provided, That such amount is designated by the Congress 23
as being for an emergency requirement pursuant to sec-24
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tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-1
gency Deficit Control Act of 1985. 2
MEDICAL FACILITIES 3
For an additional amount for ‘‘Medical Facilities’’, 4
$75,108,000, to remain available until September 30, 5
2022, for necessary expenses related to the consequences 6
of Hurricanes Harvey, Irma, and Maria: Provided, That 7
none of these funds shall be available for obligation until 8
the Secretary of Veterans Affairs submits to the Commit-9
tees on Appropriations of the House of Representatives 10
and the Senate a detailed expenditure plan for funds pro-11
vided under this heading: Provided further, That such 12
amount is designated by the Congress as being for an 13
emergency requirement pursuant to section 14
251(b)(2)(A)(i) of the Balanced Budget and Emergency 15
Deficit Control Act of 1985. 16
DEPARTMENTAL ADMINISTRATION 17
CONSTRUCTION, MINOR PROJECTS 18
For an additional amount for ‘‘Construction, Minor 19
Projects’’, $4,088,000, to remain available until Sep-20
tember 30, 2022, for necessary expenses related to the 21
consequences of Hurricanes Harvey, Irma, and Maria: 22
Provided, That such amount is designated by the Congress 23
as being for an emergency requirement pursuant to sec-24
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tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-1
gency Deficit Control Act of 1985. 2
GENERAL PROVISION—THIS TITLE 3
SEC. 1001. Notwithstanding section 18236(b) of title 4
10, United States Code, the Secretary of Defense shall 5
contribute to Puerto Rico 100 percent of the total cost 6
of construction (including the cost of architectural, engi-7
neering and design services) for the acquisition, construc-8
tion, expansion, rehabilitation, or conversion of the Arroyo 9
readiness center under paragraph (5) of section 18233(a) 10
of title 10, United States Code. 11
TITLE XI 12
DEPARTMENT OF TRANSPORTATION 13
FEDERAL AVIATION ADMINISTRATION 14
OPERATIONS 15
(AIRPORT AND AIRWAY TRUST FUND) 16
For an additional amount for ‘‘Operations’’, 17
$35,000,000, to be derived from the Airport and Airway 18
Trust Fund and to remain available until expended, for 19
necessary expenses related to the consequences of hurri-20
canes occurring in calendar year 2017: Provided, That 21
such amount is designated by the Congress as being for 22
an emergency requirement pursuant to section 23
251(b)(2)(A)(i) of the Balanced Budget and Emergency 24
Deficit Control Act of 1985. 25
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FACILITIES AND EQUIPMENT 1
(AIRPORT AND AIRWAY TRUST FUND) 2
For an additional amount for ‘‘Facilities and Equip-3
ment’’, $79,589,000, to be derived from the Airport and 4
Airway Trust Fund and to remain available until ex-5
pended, for necessary expenses related to the consequences 6
of hurricanes occurring in calendar year 2017: Provided, 7
That such amount is designated by the Congress as being 8
for an emergency requirement pursuant to section 9
251(b)(2)(A)(i) of the Balanced Budget and Emergency 10
Deficit Control Act of 1985. 11
FEDERAL HIGHWAY ADMINISTRATION 12
FEDERAL-AID HIGHWAYS 13
EMERGENCY RELIEF PROGRAM 14
For an additional amount for the Emergency Relief 15
Program as authorized under section 125 of title 23, 16
United States Code, $1,374,000,000, to remain available 17
until expended: Provided, That notwithstanding section 18
125(d)(4) of title 23, United States Code, no limitation 19
on the total obligations for projects under section 125 of 20
such title shall apply to the United States Virgin Islands, 21
Guam, American Samoa, and the Commonwealth of the 22
Northern Mariana Islands for fiscal year 2018 and fiscal 23
year 2019: Provided further, That notwithstanding section 24
120(i)(1) of title 23, United States Code, for fiscal year 25
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2018 and each fiscal year thereafter, Puerto Rico may use 1
toll credits toward the non-Federal share requirement for 2
emergency relief funds made available under section 125 3
of such title to respond to damage caused by Hurricanes 4
Irma and Maria: Provided further, That such amounts are 5
designated by the Congress as being for an emergency re-6
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-7
anced Budget and Emergency Deficit Control Act of 1985. 8
FEDERAL TRANSIT ADMINISTRATION 9
PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM 10
For the ‘‘Public Transportation Emergency Relief 11
Program’’ as authorized under section 5324 of title 49, 12
United States Code, $269,000,000 to remain available 13
until expended, for transit systems affected by Hurricanes 14
Harvey, Irma, and Maria with major disaster declarations 15
in 2017: Provided, That not more than three-quarters of 16
one percent of the funds for public transportation emer-17
gency relief shall be available for administrative expenses 18
and ongoing program management oversight as authorized 19
under sections 5334 and 5338(f)(2) of such title and shall 20
be in addition to any other appropriations for such pur-21
pose: Provided further, That such amounts are designated 22
by the Congress as being for an emergency requirement 23
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-24
et and Emergency Deficit Control Act of 1985. 25
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MARITIME ADMINISTRATION 1
OPERATIONS AND TRAINING 2
For an additional amount for ‘‘Operations and Train-3
ing’’, $10,000,000, to remain available until expended, for 4
necessary expenses, including for dredging, related to 5
damage to Maritime Administration facilities resulting 6
from Hurricane Harvey: Provided, That such amount is 7
designated by the Congress as being for an emergency re-8
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-9
anced Budget and Emergency Deficit Control Act of 1985. 10
DEPARTMENT OF HOUSING AND URBAN 11
DEVELOPMENT 12
COMMUNITY PLANNING AND DEVELOPMENT 13
COMMUNITY DEVELOPMENT FUND 14
(INCLUDING TRANSFERS OF FUNDS) 15
For an additional amount for ‘‘Community Develop-16
ment Fund’’, $26,060,000,000, to remain available until 17
expended, for necessary expenses for activities authorized 18
under title I of the Housing and Community Development 19
Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 20
relief, long-term recovery, restoration of infrastructure 21
and housing, economic revitalization, and mitigation in the 22
most impacted and distressed areas resulting from a 23
major disaster declared in 2017 (except as otherwise pro-24
vided under this heading) pursuant to the Robert T. Staf-25
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ford Disaster Relief and Emergency Assistance Act (42 1
U.S.C. 5121 et seq.): Provided, That funds shall be award-2
ed directly to the State, unit of general local government, 3
or Indian tribe (as such term is defined in section 102 4
of the Housing and Community Development Act of 1974) 5
at the discretion of the Secretary: Provided further, That 6
of the amounts made available under this heading, up to 7
$13,560,000,000 shall be allocated to meet unmet needs 8
for grantees that have received or will receive allocations 9
for major disasters declared in 2017, and that such alloca-10
tions shall include the States and units of local govern-11
ment affected by Hurricane Maria: Provided further, That 12
of the amounts made available under this heading, no less 13
than $12,500,000,000 shall be allocated for mitigation ac-14
tivities to all grantees of funding provided under this head-15
ing, the same heading in chapter 9 of title X of division 16
A of Public Law 113–2, section 420 of division L of Public 17
Law 114–113, section 145 of division C of Public Law 18
114–223, section 192 of division C of Public Law 114– 19
223 (as added by section 101(3) of division A of Public 20
Law 114–254), section 421 of division K of Public Law 21
115–31, and the same heading in division B of Public Law 22
115–56, and that such mitigation activities shall be sub-23
ject to the same terms and conditions of this heading, as 24
determined by the Secretary: Provided further, That all 25
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such grantees shall receive an allocation of funds under 1
the preceding proviso in the same proportion that the 2
amount of funds each grantee received or will receive 3
under the second proviso of this heading or the headings 4
and sections specified in the previous proviso bears to the 5
amount of all funds provided to all grantees specified in 6
the previous proviso: Provided further, That of the 7
amounts made available under the second and third pro-8
visos of this heading, the Secretary shall allocate to all 9
such grantees an aggregate amount of not less than 33 10
percent of each such amount of funds provided under this 11
heading within 60 days after the date of enactment of this 12
Act based on the best available data: Provided further, 13
That the Secretary shall not prohibit the use of funds 14
made available under this heading and the same heading 15
in division B of Public Law 115–56 for non-federal share 16
as authorized by section 105(a)(9) of the Housing and 17
Community Development Act of 1974 (42 U.S.C. 18
5305(a)(9)): Provided further, That of the amounts made 19
available under this heading, grantees may establish grant 20
programs to assist small businesses to recover from eco-21
nomic losses: Provided further, That as a condition of 22
making any grant, the Secretary shall certify in advance 23
that such grantee has in place proficient financial controls 24
and procurement processes and has established adequate 25
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procedures to prevent any duplication of benefits as de-1
fined by section 312 of the Robert T. Stafford Disaster 2
Relief and Emergency Assistance Act (42 U.S.C. 5155), 3
to ensure timely expenditure of funds, to maintain com-4
prehensive websites regarding all disaster recovery activi-5
ties assisted with these funds, and to detect and prevent 6
waste, fraud, and abuse of funds: Provided further, That 7
the Secretary shall require grantees to maintain on a pub-8
lic website information containing common reporting cri-9
teria established by the Department that permits individ-10
uals and entities awaiting assistance and the general pub-11
lic to see how all grant funds are used, including copies 12
of all relevant procurement documents, grantee adminis-13
trative contracts and details of ongoing procurement proc-14
esses, as determined by the Secretary: Provided further, 15
That prior to the obligation of funds a grantee shall sub-16
mit a plan to the Secretary for approval detailing the pro-17
posed use of all funds, including criteria for eligibility and 18
how the use of these funds will address long-term recovery, 19
restoration of infrastructure and housing, economic revi-20
talization, and mitigation in the most impacted and dis-21
tressed areas: Provided further, That such funds may not 22
be used for activities reimbursable by, or for which funds 23
are made available by, the Federal Emergency Manage-24
ment Agency or the Army Corps of Engineers: Provided 25
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further, That funds allocated under this heading shall not 1
be considered relevant to the non-disaster formula alloca-2
tions made pursuant to section 106 of the Housing and 3
Community Development Act of 1974 (42 U.S.C. 5306): 4
Provided further, That a State, unit of general local gov-5
ernment, or Indian tribe may use up to 5 percent of its 6
allocation for administrative costs: Provided further, That 7
the sixth proviso under this heading in the Supplemental 8
Appropriations for Disaster Relief Requirements, 2017 9
(division B of Public Law 115–56) is amended by striking 10
‘‘State or subdivision thereof’’ and inserting ‘‘State, unit 11
of general local government, or Indian tribe (as such term 12
is defined in section 102 of the Housing and Community 13
Development Act of 1974 (42 U.S.C. 5302))’’: Provided 14
further, That in administering the funds under this head-15
ing, the Secretary of Housing and Urban Development 16
may waive, or specify alternative requirements for, any 17
provision of any statute or regulation that the Secretary 18
administers in connection with the obligation by the Sec-19
retary or the use by the recipient of these funds (except 20
for requirements related to fair housing, nondiscrimina-21
tion, labor standards, and the environment), if the Sec-22
retary finds that good cause exists for the waiver or alter-23
native requirement and such waiver or alternative require-24
ment would not be inconsistent with the overall purpose 25
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of title I of the Housing and Community Development Act 1
of 1974: Provided further, That, notwithstanding the pre-2
ceding proviso, recipients of funds provided under this 3
heading that use such funds to supplement Federal assist-4
ance provided under section 402, 403, 404, 406, 407, 5
408(c)(4), or 502 of the Robert T. Stafford Disaster Re-6
lief and Emergency Assistance Act (42 U.S.C. 5121 et 7
seq.) may adopt, without review or public comment, any 8
environmental review, approval, or permit performed by 9
a Federal agency, and such adoption shall satisfy the re-10
sponsibilities of the recipient with respect to such environ-11
mental review, approval or permit: Provided further, That, 12
notwithstanding section 104(g)(2) of the Housing and 13
Community Development Act of 1974 (42 U.S.C. 14
5304(g)(2)), the Secretary may, upon receipt of a request 15
for release of funds and certification, immediately approve 16
the release of funds for an activity or project assisted 17
under this heading if the recipient has adopted an environ-18
mental review, approval or permit under the preceding 19
proviso or the activity or project is categorically excluded 20
from review under the National Environmental Policy Act 21
of 1969 (42 U.S.C. 4321 et seq.): Provided further, That 22
the Secretary shall publish via notice in the Federal Reg-23
ister any waiver, or alternative requirement, to any statute 24
or regulation that the Secretary administers pursuant to 25
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title I of the Housing and Community Development Act 1
of 1974 no later than 5 days before the effective date of 2
such waiver or alternative requirement: Provided further, 3
That the eighth proviso under this heading in the Supple-4
mental Appropriations for Disaster Relief Requirements, 5
2017 (division B of Public Law 115–56) is amended by 6
inserting ‘‘408(c)(4),’’ after ‘‘407,’’: Provided further, 7
That of the amounts made available under this heading, 8
up to $10,000,000 shall be made available for capacity 9
building and technical assistance, including assistance on 10
contracting and procurement processes, to support States, 11
units of general local government, or Indian tribes (and 12
their subrecipients) that receive allocations pursuant to 13
this heading, received disaster recovery allocations under 14
the same heading in Public Law 115–56, or may receive 15
similar allocations for disaster recovery in future appro-16
priations Acts: Provided further, That of the amounts 17
made available under this heading, up to $10,000,000 18
shall be transferred, in aggregate, to ‘‘Department of 19
Housing and Urban Development—Program Office Sala-20
ries and Expenses—Community Planning and Develop-21
ment’’ for necessary costs, including information tech-22
nology costs, of administering and overseeing the obliga-23
tion and expenditure of amounts under this heading: Pro-24
vided further, That the amount specified in the preceding 25
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proviso shall be combined with funds appropriated under 1
the same heading and for the same purpose in Public Law 2
115–56 and the aggregate of such amounts shall be avail-3
able for any of the purposes specified under this heading 4
or the same heading in Public Law 115–56 without limita-5
tion: Provided further, That of the funds made available 6
under this heading, $10,000,000 shall be transferred to 7
the Office of the Inspector General for necessary costs of 8
overseeing and auditing funds made available under this 9
heading: Provided further, That any funds made available 10
under this heading that remain available, after the other 11
funds under such heading have been allocated for nec-12
essary expenses for activities authorized under such head-13
ing, shall be used for additional activities, including miti-14
gation, in the most impacted and distressed areas result-15
ing from major disasters declared in 2011 and subsequent 16
years: Provided further, That such remaining funds shall 17
be awarded to grantees of funding provided for disaster 18
relief under this heading, the same heading in chapter 9 19
of title X of division A of Public Law 113–2, section 420 20
of division L of Public Law 114–113, section 145 of divi-21
sion C of Public Law 114–223, section 192 of division C 22
of Public Law 114–223 (as added by section 101(3) of 23
division A of Public Law 114–254), section 421 of division 24
K of Public Law 115–31, and the same heading in division 25
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B of Public Law 115–56, subject to the same terms and 1
conditions under this heading and such headings and sec-2
tions respectively: Provided further, That each such grant-3
ee shall receive an allocation from such remaining funds 4
in the same proportion that the amount of funds such 5
grantee received under the second proviso under this head-6
ing and under the Acts specified in the previous proviso 7
bears to the amount of all funds provided to all grantees 8
specified in the previous proviso: Provided further, That 9
such amount is designated by the Congress as being for 10
an emergency requirement pursuant to section 11
251(b)(2)(A)(i) of the Balanced Budget and Emergency 12
Deficit Control Act of 1985. 13
TITLE XII 14
GENERAL PROVISIONS—THIS DIVISION 15
SEC. 1201. Each amount appropriated or made avail-16
able by this division is in addition to amounts otherwise 17
appropriated for the fiscal year involved. 18
SEC. 1202. No part of any appropriation contained 19
in this division shall remain available for obligation beyond 20
the current fiscal year unless expressly so provided herein. 21
SEC. 1203. Unless otherwise provided for by this divi-22
sion, the additional amounts appropriated by this division 23
to appropriations accounts shall be available under the au-24
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thorities and conditions applicable to such appropriations 1
accounts for fiscal year 2018. 2
SEC. 1204. The terms and conditions applicable to 3
the funds provided in this division, including those pro-4
vided by this title, shall also apply to the funds made avail-5
able in division B of Public Law 115–56 and in division 6
A of Public Law 115–72. 7
SEC. 1205. Each amount designated in this division 8
by the Congress as being for an emergency requirement 9
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-10
et and Emergency Deficit Control Act of 1985 shall be 11
available only if the President subsequently so designates 12
all such amounts and transmits such designations to the 13
Congress. 14
SEC. 1206. (a) Section 305 of division A of the Addi-15
tional Supplemental Appropriations for Disaster Relief 16
Requirements Act, 2017 (Public Law 115–72) is amend-17
ed— 18
(1) in subsection (a)— 19
(A) by striking ‘‘(1) Not later than Decem-20
ber 31, 2017,’’ and inserting ‘‘Not later than 21
March 31, 2018,’’; and 22
(B) by striking paragraph (2); and 23
(2) in subsection (b), by striking ‘‘receiving 24
funds under this division’’ and inserting ‘‘expending 25
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more than $10,000,000 of funds provided by this di-1
vision and division B of Public Law 115–56 in any 2
one fiscal year’’. 3
(b) Section 305 of division A of the Additional Sup-4
plemental Appropriations for Disaster Relief Require-5
ments Act, 2017 (Public Law 115–72), as amended by 6
this section, shall apply to funds appropriated by this divi-7
sion as if they had been appropriated by that division. 8
(c) In order to proactively prepare for oversight of 9
future disaster relief funding, not later than one year after 10
the date of enactment of this Act, the Director of the Of-11
fice of Management and Budget shall issue standard guid-12
ance for Federal agencies to use in designing internal con-13
trol plans for disaster relief funding. This guidance shall 14
leverage existing internal control review processes and 15
shall include, at a minimum, the following elements: 16
(1) Robust criteria for identifying and documenting 17
incremental risks and mitigating controls related to the 18
funding. 19
(2) Guidance for documenting the linkage between 20
the incremental risks related to disaster funding and ef-21
forts to address known internal control risks. 22
SEC. 1207. Any agency or department provided fund-23
ing in excess of $3,000,000,000 by this division, including 24
the Federal Emergency Management Agency, the Depart-25
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ment of Housing and Urban Development, and the Corps 1
of Engineers, is directed to provide a report to the Com-2
mittee on Appropriations of the House of Representatives 3
regarding its efforts to provide adequate resources and 4
technical assistance for small, low-income communities af-5
fected by natural disasters. 6
SEC. 1208. (a) Not later than 180 days after the date 7
of enactment of this Act and in coordination with the Ad-8
ministrator of the Federal Emergency Management Agen-9
cy, with support and contributions from the Secretary of 10
the Treasury, the Secretary of Energy, and other Federal 11
agencies having responsibilities defined under the National 12
Disaster Recovery Framework, the Governor of the Com-13
monwealth of Puerto Rico shall submit to Congress a re-14
port describing the Commonwealth’s 12- and 24-month 15
economic and disaster recovery plan that— 16
(1) defines the priorities, goals, and expected 17
outcomes of the recovery effort for the Common-18
wealth, based on damage assessments prepared pur-19
suant to Federal law, if applicable, including— 20
(A) housing; 21
(B) economic issues, including workforce 22
development and industry expansion and cul-23
tivation; 24
(C) health and social services; 25
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(D) natural and cultural resources; 1
(E) governance and civic institutions; 2
(F) electric power systems and grid res-3
toration; 4
(G) environmental issues, including solid 5
waste facilities; and 6
(H) other infrastructure systems, including 7
repair, restoration, replacement, and improve-8
ment of public infrastructure such water and 9
wastewater treatment facilities, communications 10
networks, and transportation infrastructure; 11
(2) is consistent with— 12
(A) the Commonwealth’s fiscal capacity to 13
provide long-term operation and maintenance of 14
rebuilt or replaced assets; 15
(B) alternative procedures and associated 16
programmatic guidance adopted by the Admin-17
istrator of the Federal Emergency Management 18
Administration pursuant to section 428 of the 19
Robert T. Stafford Disaster Relief and Emer-20
gency Assistance Act (42 U.S.C. 5189f); and 21
(C) actions as may be necessary to miti-22
gate vulnerabilities to future extreme weather 23
events and natural disasters and increase com-24
munity resilience, including encouraging the 25
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adoption and enforcement of the latest pub-1
lished editions of relevant consensus-based 2
codes, specifications, and standards that incor-3
porate the latest hazard-resistant designs and 4
establish minimum acceptable criteria for the 5
design, construction, and maintenance of resi-6
dential structures and facilities for the purpose 7
of protecting the health, safety, and general 8
welfare of the buildings’ users against disasters; 9
(3) promotes transparency and accountability 10
through appropriate public notification, outreach, 11
and hearings; 12
(4) identifies performance metrics for assessing 13
and reporting on the progress toward achieving the 14
Commonwealth’s recovery goals, as identified under 15
paragraph (1); 16
(5) is developed in coordination with the Over-17
sight Board established under PROMESA; and 18
(6) is certified by that Oversight Board to be 19
consistent with the purpose set forth in section 20
101(a) of PROMESA (48 U.S.C. 2121(a)). 21
(b) At the end of every 30-day period before the sub-22
mission of the report described in subsection (a), the Gov-23
ernor of the Commonwealth of Puerto Rico, in coordina-24
tion with the Administrator of the Federal Emergency 25
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Management Agency, shall provide to Congress interim 1
status updates on progress developing such report. 2
(c) At the end of every 180-day period after the sub-3
mission of the report described in subsection (a), the Gov-4
ernor of the Commonwealth of Puerto Rico, in coordina-5
tion with the Administrator of the Federal Emergency 6
Management Agency, shall make public a report on 7
progress achieving the goals set forth in such report. 8
(d) During the development, and after the submis-9
sion, of the report require by in subsection (a), the Over-10
sight Board may provide to Congress reports on the status 11
of coordination with the Governor of Puerto Rico. 12
(e) Amounts made available by this division to a cov-13
ered territory for response to or recovery from Hurricane 14
Irma or Hurricane Maria in an aggregate amount greater 15
than $10,000,000 may be reviewed by the Oversight 16
Board under the Oversight Board’s authority under 17
204(b)(2) of PROMESA (48 U.S.C. 2144(b)(2)). 18
(f) When developing a Fiscal Plan while the recovery 19
plan required under subsection (a) is in development and 20
in effect, the Oversight Board shall use and incorporate, 21
to the greatest extent feasible, damage assessments pre-22
pared pursuant to Federal law. 23
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(g) For purposes of this section, the terms ‘‘covered 1
territory’’ and ‘‘Oversight Board’’ have the meaning given 2
those term in section 5 of PROMESA (48 U.S.C. 2104). 3
This division may be cited as the ‘‘Further Additional 4
Supplemental Appropriations for Disaster Relief Require-5
ments, 2017’’. 6
DIVISION B—DISASTER 7
RECOVERY REFORM ACT 8
9Sec. 2001. Applicability.
Sec. 2002. State defined.
Sec. 2003. Wildfire prevention.
Sec. 2004. Additional activities.
Sec. 2005. Eligibility for code implementation and enforcement.
Sec. 2006. Program improvements.
Sec. 2007. Prioritization of facilities.
Sec. 2008. Guidance on evacuation routes.
Sec. 2009. Duplication of benefits.
Sec. 2010. State administration of assistance for direct temporary housing and
permanent housing construction.
Sec. 2011. Assistance to individuals and households.
Sec. 2012. Multifamily lease and repair assistance.
Sec. 2013. Federal disaster assistance nonprofit fairness.
Sec. 2014. Management costs.
Sec. 2015. Flexibility.
Sec. 2016. Additional disaster assistance.
Sec. 2017. National veterinary emergency teams.
Sec. 2018. Dispute resolution pilot program.
Sec. 2019. Emergency relief.
Sec. 2020. Unified Federal environmental and historic preservation review.
Sec. 2021. Closeout incentives.
Sec. 2022. Performance of services.
Sec. 2023. Study to streamline and consolidate information collection.
Sec. 2024. Agency accountability.
Sec. 2025. Audit of contracts.
Sec. 2026. Inspector general audit of FEMA contracts for tarps and plastic
sheeting.
Sec. 2027. Relief organizations.
Sec. 2028. Guidance on inundated and submerged roads.
Sec. 2029. Authorities.
Sec. 2030. Recoupment of certain assistance prohibited.
Sec. 2031. Statute of limitations.
Sec. 2032. Technical assistance and recommendations.
Sec. 2033. Guidance on hazard mitigation assistance.
Sec. 2034. Local impact.
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Sec. 2035. Additional hazard mitigation activities.
Sec. 2036. National public infrastructure predisaster hazard mitigation.
Sec. 2037. Additional mitigation activities.
Sec. 2038. Federal cost-share adjustments for repair, restoration, and replace-
ment of damaged facilities.
SEC. 2001. APPLICABILITY. 1
Except as otherwise expressly provided, the amend-2
ments in this division to the Robert T. Stafford Disaster 3
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 4
seq.) apply to each major disaster and emergency declared 5
by the President on or after August 1, 2017, under such 6
Act. 7
SEC. 2002. STATE DEFINED. 8
In this division, the term ‘‘State’’ has the meaning 9
given that term in section 102(4) of the Robert T. Staf-10
ford Disaster Relief and Emergency Assistance Act (42 11
U.S.C. 5122(4)). 12
SEC. 2003. WILDFIRE PREVENTION. 13
(a) MITIGATION ASSISTANCE.—Section 420 of the 14
Robert T. Stafford Disaster Relief and Emergency Assist-15
ance Act (42 U.S.C. 5187) is amended— 16
(1) by redesignating subsection (d) as sub-17
section (e); and 18
(2) by inserting after subsection (c) the fol-19
lowing: 20
‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether 21
or not a major disaster is declared, the President may pro-22
vide hazard mitigation assistance in accordance with sec-23
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tion 404 in any area affected by a fire for which assistance 1
was provided under this section.’’. 2
(b) CONFORMING AMENDMENTS.—The Robert T. 3
Stafford Disaster Relief and Emergency Assistance Act 4
(42 U.S.C. 5121 et seq.) is amended— 5
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as 6
amended by section 37(a) of this Act)— 7
(A) by inserting before the first period ‘‘, 8
or any area affected by a fire for which assist-9
ance was provided under section 420’’; and 10
(B) in the third sentence by inserting ‘‘or 11
event under section 420’’ after ‘‘major disaster’’ 12
each place it appears; and 13
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), 14
by inserting ‘‘or event under section 420’’ after 15
‘‘major disaster’’ each place it appears. 16
(c) REPORTING REQUIREMENT.—Not later than 1 17
year after the date of enactment of this Act and annually 18
thereafter, the Administrator of the Federal Emergency 19
Management Agency shall submit to the Committee on 20
Homeland Security and Governmental Affairs of the Sen-21
ate, the Committee on Transportation and Infrastructure 22
of the House of Representatives, and the Appropriations 23
Committees of the Senate and the House of Representa-24
tives a report containing a summary of any projects car-25
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ried out, and any funding provided to those projects, 1
under subsection (d) of section 420 of the Robert T. Staf-2
ford Disaster Relief and Emergency Assistance Act (42 3
U.S.C. 5187) (as amended by this section). 4
SEC. 2004. ADDITIONAL ACTIVITIES. 5
Section 404 of the Robert T. Stafford Disaster Relief 6
and Emergency Assistance Act (42 U.S.C. 5170c) is 7
amended by adding at the end the following: 8
‘‘(f) USE OF ASSISTANCE.—Recipients of hazard 9
mitigation assistance provided under this section and sec-10
tion 203 may use the assistance to conduct activities to 11
help reduce the risk of future damage, hardship, loss, or 12
suffering in any area affected by a wildfire or windstorm, 13
including— 14
‘‘(1) reseeding ground cover with quick-growing 15
or native species; 16
‘‘(2) mulching with straw or chipped wood; 17
‘‘(3) constructing straw, rock, or log dams in 18
small tributaries to prevent flooding; 19
‘‘(4) placing logs and other erosion barriers to 20
catch sediment on hill slopes; 21
‘‘(5) installing debris traps to modify road and 22
trail drainage mechanisms; 23
‘‘(6) modifying or removing culverts to allow 24
drainage to flow freely; 25
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‘‘(7) adding drainage dips and constructing 1
emergency spillways to keep roads and bridges from 2
washing out during floods; 3
‘‘(8) planting grass to prevent the spread of 4
noxious weeds; 5
‘‘(9) installing warning signs; 6
‘‘(10) establishing defensible space measures; 7
‘‘(11) reducing hazardous fuels; and 8
‘‘(12) windstorm damage, including replacing or 9
installing electrical transmission or distribution util-10
ity pole structures with poles that are resilient to ex-11
treme wind and combined ice and wind loadings for 12
the basic wind speeds and ice conditions associated 13
with the relevant location.’’. 14
SEC. 2005. ELIGIBILITY FOR CODE IMPLEMENTATION AND 15
ENFORCEMENT. 16
Section 406(a)(2) of the Robert T. Stafford Disaster 17
Relief and Emergency Assistance Act (42 U.S.C. 18
5172(a)(2)) is amended— 19
(1) by striking ‘‘and’’ at the end of subpara-20
graph (B); 21
(2) by striking the period at the end of sub-22
paragraph (C) and inserting ‘‘; and’’; and 23
(3) by adding at the end the following: 24
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‘‘(D) base and overtime wages for extra 1
hires to facilitate the implementation and en-2
forcement of adopted building codes for a pe-3
riod of not more than 180 days after the major 4
disaster is declared.’’. 5
SEC. 2006. PROGRAM IMPROVEMENTS. 6
(a) HAZARD MITIGATION.—Section 406(c) of the 7
Robert T. Stafford Disaster Relief and Emergency Assist-8
ance Act (42 U.S.C. 5172(c)) is amended— 9
(1) in paragraph (1)(A), by striking ‘‘90 per-10
cent of’’; and 11
(2) in paragraph (2)(A), by striking ‘‘75 per-12
cent of’’. 13
(b) PARTICIPATION.—Section 428(d) of such Act (42 14
U.S.C. 5189f) is amended— 15
(1) by inserting ‘‘(1) IN GENERAL.—’’ before 16
‘‘Participation in’’; and 17
(2) by adding at the end the following: 18
‘‘(2) NO CONDITIONS.—The President may not 19
condition the provision of Federal assistance under 20
this Act on the election by a State, Tribal, or local 21
government, or owner or operator of a private non-22
profit facility to participate in the alternative proce-23
dures adopted under this section.’’. 24
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(c) CERTIFICATION.—Section 428(e)(1) of such Act 1
(42 U.S.C. 5189f(e)(1)) is amended— 2
(1) in subparagraph (E), by striking ‘‘and’’ at 3
the end; 4
(2) in subparagraph (F), by striking the period 5
and inserting ‘‘; and’’; and 6
(3) by adding at the end the following: 7
‘‘(G) once certified by a professionally li-8
censed engineer and accepted by the Adminis-9
trator, the estimates on which grants made pur-10
suant to this section are based shall be pre-11
sumed to be reasonable and eligible costs, as 12
long as there is no evidence of fraud.’’. 13
SEC. 2007. PRIORITIZATION OF FACILITIES. 14
Not later than 180 days after the date of enactment 15
of this Act, the Administrator of the Federal Emergency 16
Management Agency shall provide guidance and training 17
on an annual basis to State, Tribal, and local govern-18
ments, first responders, and utility companies on— 19
(1) the need to prioritize assistance to hospitals, 20
nursing homes, and other long-term care facilities to 21
ensure that such health care facilities remain func-22
tioning or return to functioning as soon as prac-23
ticable during power outages caused by natural haz-24
ards, including severe weather events; and 25
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(2) how hospitals, nursing homes and other 1
long-term care facilities should adequately prepare 2
for power outages during a major disaster or emer-3
gency. 4
SEC. 2008. GUIDANCE ON EVACUATION ROUTES. 5
(a) IN GENERAL.— 6
(1) IDENTIFICATION.—The Administrator of 7
the Federal Emergency Management Agency, in co-8
ordination with the Administrator of the Federal 9
Highway Administration, shall develop and issue 10
guidance for State, local, and Tribal governments re-11
garding the identification of evacuation routes. 12
(2) GUIDANCE.—The Administrator of the Fed-13
eral Highway Administration, in coordination with 14
the Administrator of the Federal Emergency Man-15
agement Agency, shall revise existing guidance or 16
issue new guidance as appropriate for State, local, 17
and Tribal governments regarding the design, con-18
struction, maintenance, and repair of evacuation 19
routes. 20
(b) CONSIDERATIONS.— 21
(1) IDENTIFICATION.—In developing the guid-22
ance under subsection (a)(1), the Administrator of 23
the Federal Emergency Management Agency shall 24
consider— 25
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(A) whether evacuation routes have re-1
sisted impacts and recovered quickly from dis-2
asters, regardless of cause; 3
(B) the need to evacuate special needs pop-4
ulations, including— 5
(i) individuals with a physical or men-6
tal disability; 7
(ii) individuals in schools, daycare 8
centers, mobile home parks, prisons, nurs-9
ing homes and other long-term care facili-10
ties, and detention centers; 11
(iii) individuals with limited-English 12
proficiency; 13
(iv) the elderly; and 14
(v) individuals who are tourists, sea-15
sonal workers, or homeless; 16
(C) the sharing of information and other 17
public communications with evacuees during 18
evacuations; 19
(D) the sheltering of evacuees, including 20
the care, protection, and sheltering of animals; 21
(E) the return of evacuees to their homes; 22
and 23
(F) such other items the Administrator 24
considers appropriate. 25
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(2) DESIGN, CONSTRUCTION, MAINTENANCE, 1
AND REPAIR.—In revising or issuing guidance under 2
(a)(2), the Administrator of the Federal Highway 3
Administration shall consider— 4
(A) methods that assist evacuation routes 5
to— 6
(i) withstand likely risks to viability, 7
including flammability and hydrostatic 8
forces; 9
(ii) improve durability, strength (in-10
cluding the ability to withstand tensile 11
stresses and compressive stresses), and 12
sustainability; and 13
(iii) provide for long-term cost sav-14
ings; 15
(B) the ability of evacuation routes to ef-16
fectively manage contraflow operations; 17
(C) for evacuation routes on public lands, 18
the viewpoints of the applicable Federal land 19
management agency regarding emergency oper-20
ations, sustainability, and resource protection; 21
and 22
(D) such other items the Administrator 23
considers appropriate. 24
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SEC. 2009. DUPLICATION OF BENEFITS. 1
(a) IN GENERAL.—Section 312(b) of the Robert T. 2
Stafford Disaster Relief and Emergency Assistance Act 3
(42 U.S.C. 5155(b)) is amended by adding at the end the 4
following: 5
‘‘(4) WAIVER OF GENERAL PROHIBITION.— 6
‘‘(A) IN GENERAL.—The President may 7
waive the general prohibition provided in sub-8
section (a) upon request of a Governor on be-9
half of the State or on behalf of a person, busi-10
ness concern, or any other entity suffering 11
losses as a result of a major disaster or emer-12
gency, if the President finds such waiver is in 13
the public interest and will not result in waste, 14
fraud, or abuse. In making this decision, the 15
President may consider the following: 16
‘‘(i) The recommendations of the Ad-17
ministrator of the Federal Emergency 18
Management Agency made in consultation 19
with the Federal agency or agencies ad-20
ministering the duplicative program. 21
‘‘(ii) If a waiver is granted, the assist-22
ance to be funded is cost effective. 23
‘‘(iii) Equity and good conscience. 24
‘‘(iv) Other matters of public policy 25
considered appropriate by the President. 26
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‘‘(B) GRANT OR DENIAL OF WAIVER.—A 1
request under subparagraph (A) shall be grant-2
ed or denied not later than 45 days after sub-3
mission of such request. 4
‘‘(C) PROHIBITION ON DETERMINATION 5
THAT LOAN IS A DUPLICATION.—Notwith-6
standing subsection (c), in carrying out sub-7
paragraph (A), the President may not deter-8
mine that a loan is a duplication of assistance, 9
provided that all Federal assistance is used to-10
ward a loss suffered as a result of the major 11
disaster or emergency.’’. 12
(b) FUNDING OF A FEDERALLY AUTHORIZED WATER 13
RESOURCES DEVELOPMENT PROJECT.— 14
(1) ELIGIBLE ACTIVITIES.—Notwithstanding 15
section 312 of the Robert T. Stafford Disaster Relief 16
and Emergency Assistance Act (42 U.S.C. 5155) 17
and its implementing regulations, assistance pro-18
vided pursuant to section 404 of such Act may be 19
used to fund activities authorized for construction 20
within the scope of a federally authorized water re-21
sources development project of the Army Corps of 22
Engineers if such activities are also eligible activities 23
under such section. 24
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(2) FEDERAL FUNDING.—All Federal funding 1
provided under section 404 pursuant to this section 2
shall be applied toward the Federal share of such 3
project. 4
(3) NON-FEDERAL MATCH.—All non-Federal 5
matching funds required under section 404 pursuant 6
to this section shall be applied toward the non-Fed-7
eral share of such project. 8
(4) TOTAL FEDERAL SHARE.—Funding pro-9
vided under section 404 pursuant to this section 10
may not exceed the total Federal share for such 11
project. 12
(5) NO EFFECT.—Nothing in this section 13
shall— 14
(A) affect the cost-share requirement of a 15
hazard mitigation measure under section 404; 16
(B) affect the eligibility criteria for a haz-17
ard mitigation measure under section 404; 18
(C) affect the cost share requirements of a 19
federally authorized water resources develop-20
ment project; and 21
(D) affect the responsibilities of a non- 22
Federal interest with respect to the project, in-23
cluding those related to the provision of lands, 24
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easements, rights-of-way, dredge material dis-1
posal areas, and necessary relocations. 2
SEC. 2010. STATE ADMINISTRATION OF ASSISTANCE FOR 3
DIRECT TEMPORARY HOUSING AND PERMA-4
NENT HOUSING CONSTRUCTION. 5
Section 408(f) of the Robert T. Stafford Disaster Re-6
lief and Emergency Assistance Act (42 U.S.C. 5174(f)) 7
is amended— 8
(1) in paragraph (1), by striking the paragraph 9
heading and inserting ‘‘STATE- OR TRIBAL-ADMINIS-10
TERED ASSISTANCE AND OTHER NEEDS ASSIST-11
ANCE.—’’; 12
(2) in paragraph (1)(A)— 13
(A) by striking ‘‘financial’’; and 14
(B) by striking ‘‘subsection (e)’’ and in-15
serting ‘‘subsections (c)(1)(B), (c)(4), and (e) if 16
the President and the State or Tribal govern-17
ment comply, as determined by the Adminis-18
trator, with paragraph (3)’’; 19
(3) in paragraph (1)(B)— 20
(A) by striking ‘‘financial’’; and 21
(B) by striking ‘‘subsection (e)’’ and in-22
serting ‘‘subsections (c)(1)(B), (c)(4), and (e)’’; 23
and 24
(4) by adding at the end the following: 25
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‘‘(3) IN GENERAL.— 1
‘‘(A) APPLICATION.—A State or Tribal 2
government desiring to provide assistance under 3
subsection (c)(1)(B), (c)(4), or (e) shall submit 4
to the President an application for a grant to 5
provide financial assistance under the program. 6
‘‘(B) CRITERIA.—The President, in con-7
sultation and coordination with State, Tribal, 8
and local governments, shall establish criteria 9
for the approval of applications submitted 10
under subparagraph (A). The criteria shall in-11
clude, at a minimum— 12
‘‘(i) the demonstrated ability of the 13
State or Tribal government to manage the 14
program under this section; 15
‘‘(ii) there being in effect a plan ap-16
proved by the President as to how the 17
State or Tribal government will comply 18
with applicable Federal laws and regula-19
tions and how the State or Tribal govern-20
ment will provide assistance under its plan; 21
‘‘(iii) a requirement that the State, 22
Tribal, or local government comply with 23
rules and regulations established pursuant 24
to subsection (j); and 25
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‘‘(iv) a requirement that the Presi-1
dent, or the designee of the President, 2
comply with subsection (i). 3
‘‘(C) QUALITY ASSURANCE.—Before ap-4
proving an application submitted under this 5
section, the President, or the designee of the 6
President, shall institute adequate policies, pro-7
cedures, and internal controls to prevent waste, 8
fraud, abuse, and program mismanagement for 9
this program and for programs under sub-10
sections (c)(1)(B), (c)(4), and (e). The Presi-11
dent shall monitor and conduct quality assur-12
ance activities on a State or Tribal govern-13
ment’s implementation of programs under sub-14
sections (c)(1)(B), (c)(4), and (e). If, after ap-15
proving an application of a State or Tribal gov-16
ernment submitted under this section, the 17
President determines that the State or Tribal 18
government is not administering the program 19
established by this section in a manner satisfac-20
tory to the President, the President shall with-21
draw the approval. 22
‘‘(D) AUDITS.—The Office of the inspector 23
general shall provide for periodic audits of the 24
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programs administered by States and Tribal 1
governments under this subsection. 2
‘‘(E) APPLICABLE LAWS.—All Federal 3
laws applicable to the management, administra-4
tion, or contracting of the programs by the 5
Federal Emergency Management Agency under 6
this section shall be applicable to the manage-7
ment, administration, or contracting by a non- 8
Federal entity under this section. 9
‘‘(F) REPORT.—Not later than 18 months 10
after the date of enactment of this paragraph, 11
the inspector general of the Department of 12
Homeland Security shall submit a report to the 13
Committee on Homeland Security and Govern-14
mental Affairs of the Senate and the Committee 15
on Transportation and Infrastructure of the 16
House of Representatives on the State or Tribal 17
government’s role to provide assistance under 18
this section. The report shall contain an assess-19
ment of the effectiveness of the State or Tribal 20
government’s role to provide assistance under 21
this section, including— 22
‘‘(i) whether the State or Tribal gov-23
ernment’s role helped to improve the gen-24
eral speed of disaster recovery; 25
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‘‘(ii) whether the State or Tribal gov-1
ernment providing assistance under this 2
section had the capacity to administer this 3
section; and 4
‘‘(iii) recommendations for changes to 5
improve the program if the State or Tribal 6
government’s role to administer the pro-7
grams should be continued. 8
‘‘(G) PROHIBITION.—The President may 9
not condition the provision of Federal assist-10
ance under this Act by a State or Tribal gov-11
ernment requesting a grant under this section. 12
‘‘(H) MISCELLANEOUS.— 13
‘‘(i) NOTICE AND COMMENT.—The 14
Administrator may waive notice and com-15
ment rulemaking, if the Administrator de-16
termines doing so is necessary to expedi-17
tiously implement this section, and may 18
carry out this section as a pilot program 19
until such regulations are promulgated. 20
‘‘(ii) FINAL RULE.—Not later than 2 21
years after the date of enactment of this 22
paragraph, the Administrator shall issue 23
final regulations to implement this sub-24
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section as amended by the Disaster Recov-1
ery Reform Act. 2
‘‘(iii) WAIVER AND EXPIRATION.—The 3
authority under clause (i) and any pilot 4
program implemented pursuant to such 5
clause shall expire 2 years after the date of 6
enactment of this paragraph or upon 7
issuance of final regulations pursuant to 8
clause (ii), whichever occurs sooner.’’. 9
SEC. 2011. ASSISTANCE TO INDIVIDUALS AND HOUSE-10
HOLDS. 11
Section 408(h) of the Robert T. Stafford Disaster 12
Relief and Emergency Assistance Act (42 U.S.C. 5174(h)) 13
is amended— 14
(1) in paragraph (1), by inserting ‘‘, excluding 15
financial assistance to rent alternate housing accom-16
modations under subsection (c)(1)(A)(i) and finan-17
cial assistance to address other needs under sub-18
section (e)’’ after ‘‘disaster’’; 19
(2) by redesignating paragraph (2) as para-20
graph (3); 21
(3) by inserting after paragraph (1) the fol-22
lowing: 23
‘‘(2) OTHER NEEDS ASSISTANCE.—The max-24
imum financial assistance any individual or house-25
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hold may receive under subsection (e) shall be equiv-1
alent to the amount set forth in paragraph (1) with 2
respect to a single major disaster.’’; 3
(4) in paragraph (3) (as so redesignated), by 4
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 5
(1) and (2)’’; and 6
(5) by inserting after paragraph (3) (as so re-7
designated) the following: 8
‘‘(4) EXCLUSION OF NECESSARY EXPENSES FOR 9
INDIVIDUALS WITH DISABILITIES.— 10
‘‘(A) The maximum amount of assistance 11
established under paragraph (1) shall exclude 12
expenses to repair or replace damaged accessi-13
bility-related improvements under paragraphs 14
(2), (3), and (4) of subsection (c) for individ-15
uals with disabilities. 16
‘‘(B) The maximum amount of assistance 17
established under paragraph (2) shall exclude 18
expenses to repair or replace accessibility-re-19
lated personal property under subsection (e)(2) 20
for individuals with disabilities.’’. 21
SEC. 2012. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 22
(a) LEASE AND REPAIR OF RENTAL UNITS FOR 23
TEMPORARY HOUSING.—Section 408(c)(1)(B)(ii)(II) of 24
the Robert T. Stafford Disaster Relief and Emergency As-25
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sistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended 1
to read as follows: 2
‘‘(II) IMPROVEMENTS OR RE-3
PAIRS.—Under the terms of any lease 4
agreement for property entered into 5
under this subsection, the value of the 6
improvements or repairs shall be de-7
ducted from the value of the lease 8
agreement.’’. 9
(b) RENTAL PROPERTIES IMPACTED.—Section 10
408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster 11
Relief and Emergency Assistance Act (42 U.S.C. 12
5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows: 13
‘‘(aa) enter into lease agree-14
ments with owners of multifamily 15
rental property impacted by a 16
major disaster or located in areas 17
covered by a major disaster dec-18
laration to house individuals and 19
households eligible for assistance 20
under this section; and’’. 21
(c) INSPECTOR GENERAL REPORT.—Not later than 22
2 years after the date of the enactment of this Act, the 23
inspector general of the Department of Homeland Security 24
shall assess the use of the authority provided under section 25
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408(c)(1)(B) of the Robert T. Stafford Disaster Relief 1
and Emergency Assistance Act (42 U.S.C. 2
5174(c)(1)(B)), including the adequacy of any benefit-cost 3
analysis done to justify the use of this alternative, and 4
submit a report on the results of that review to the appro-5
priate committees of Congress. 6
SEC. 2013. FEDERAL DISASTER ASSISTANCE NONPROFIT 7
FAIRNESS. 8
(a) DEFINITION OF PRIVATE NONPROFIT FACIL-9
ITY.—Section 102(11)(B) of the Robert T. Stafford Dis-10
aster Relief and Emergency Assistance Act (42 U.S.C. 11
5122(11)(B)) is amended to read as follows: 12
‘‘(B) ADDITIONAL FACILITIES.—In addi-13
tion to the facilities described in subparagraph 14
(A), the term ‘private nonprofit facility’ in-15
cludes any private nonprofit facility that pro-16
vides essential services of a governmental na-17
ture to the general public (including museums, 18
zoos, performing arts facilities, community arts 19
centers, community centers, houses of worship 20
exempt from taxation under section 501(c) of 21
the Internal Revenue Code of 1986, libraries, 22
homeless shelters, senior citizen centers, reha-23
bilitation facilities, shelter workshops, food 24
banks, broadcasting facilities, and facilities that 25
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provide health and safety services of a govern-1
mental nature), as defined by the President.’’. 2
(b) REPAIR, RESTORATION, AND REPLACEMENT OF 3
DAMAGED FACILITIES.—Section 406(a)(3) of the Robert 4
T. Stafford Disaster Relief and Emergency Assistance Act 5
(42 U.S.C. 5172(a)(3)) is amended by adding at the end 6
the following: 7
‘‘(C) HOUSES OF WORSHIP.— 8
‘‘(i) IN GENERAL.—A church, syna-9
gogue, mosque, temple, or other house of 10
worship, and a private nonprofit facility 11
operated by a religious organization, shall 12
be eligible for contributions under para-13
graph (1)(B) (subject to paragraph 14
(3)(A)), without regard to the religious 15
character of the facility or the primary re-16
ligious use of the facility. 17
‘‘(ii) LIMITATIONS.—Notwithstanding 18
clause (i), in spaces dedicated to or pri-19
marily used for religious purposes, con-20
tributions under paragraph (1)(B) shall 21
only be used to cover costs of purchasing 22
or replacing, without limitation, the build-23
ing structure, building enclosure compo-24
nents, building envelope, vertical and hori-25
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zontal circulation, physical plant support 1
spaces, electrical, plumbing, and mechan-2
ical systems (including heating, ventilation, 3
air-conditioning, and fire and life safety 4
systems), and related site improvements.’’. 5
(c) APPLICABILITY.—This section and the amend-6
ments made by this section shall apply to the provision 7
of assistance in response to a major disaster or emergency 8
declared on or after October 28, 2012. 9
SEC. 2014. MANAGEMENT COSTS. 10
Section 324 of the Robert T. Stafford Disaster Relief 11
and Emergency Assistance Act (42 U.S.C. 5165b) is 12
amended— 13
(1) in subsection (a) by striking ‘‘any adminis-14
trative expense, and any other expense not directly 15
chargeable to’’ and inserting ‘‘direct administrative 16
cost, and any other administrative expense associ-17
ated with’’; and 18
(2) in subsection (b)— 19
(A) by striking ‘‘Notwithstanding’’ and in-20
serting the following: 21
‘‘(1) IN GENERAL.—Notwithstanding’’; 22
(B) by striking ‘‘establish’’ and inserting 23
the following: ‘‘implement’’; and 24
(C) by adding at the end the following: 25
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‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Ad-1
ministrator shall provide the following percentage 2
rates, in addition to the eligible project costs, to 3
cover direct and indirect costs of administering the 4
following programs: 5
‘‘(A) HAZARD MITIGATION.—A grantee 6
under section 404 may be reimbursed not more 7
than 15 percent of the total amount of the 8
grant award under such section of which not 9
more than 10 percent may be used by the 10
grantee and 5 percent by the subgrantee for 11
such costs. 12
‘‘(B) PUBLIC ASSISTANCE.—A grantee 13
under sections 403, 406, 407, and 502 may be 14
reimbursed not more than 12 percent of the 15
total award amount under such sections, of 16
which not more than 7 percent may be used by 17
the grantee and 5 percent by the subgrantee for 18
such costs.’’. 19
SEC. 2015. FLEXIBILITY. 20
(a) DEFINITION.—In this section, the term ‘‘covered 21
assistance’’ means assistance provided— 22
(1) under section 408 of the Robert T. Stafford 23
Disaster Relief and Emergency Assistance Act (42 24
U.S.C. 5174); and 25
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(2) in relation to a major disaster or emergency 1
declared by the President under section 401 or 501 2
of the Robert T. Stafford Disaster Relief and Emer-3
gency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 4
5191) on or after October 28, 2012. 5
(b) WAIVER AUTHORITY.—Notwithstanding section 6
3716(e) of title 31, United States Code, the Administrator 7
of the Federal Emergency Management Agency— 8
(1) subject to paragraph (2), may waive a debt 9
owed to the United States related to covered assist-10
ance provided to an individual or household if— 11
(A) the covered assistance was distributed 12
based on an error by the Federal Emergency 13
Management Agency; 14
(B) there was no fault on behalf of the 15
debtor; and 16
(C) the collection of the debt would be 17
against equity and good conscience; and 18
(2) may not waive a debt under paragraph (1) 19
if the debt involves fraud, the presentation of a false 20
claim, or misrepresentation by the debtor or any 21
party having an interest in the claim. 22
(c) MONITORING OF COVERED ASSISTANCE DISTRIB-23
UTED BASED ON ERROR.— 24
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(1) IN GENERAL.—The inspector general of the 1
Department of Homeland Security shall monitor the 2
distribution of covered assistance to individuals and 3
households to determine the percentage of such as-4
sistance distributed based on an error. 5
(2) REMOVAL OF WAIVER AUTHORITY BASED 6
ON EXCESSIVE ERROR RATE.—If the inspector gen-7
eral determines, with respect to any 12-month pe-8
riod, that the amount of covered assistance distrib-9
uted based on an error by the Federal Emergency 10
Management Agency exceeds 4 percent of the total 11
amount of covered assistance distributed— 12
(A) the inspector general shall notify the 13
Administrator and publish the determination in 14
the Federal Register; and 15
(B) with respect to any major disaster or 16
emergency declared by the President under sec-17
tion 401 or section 501, respectively, of the 18
Robert T. Stafford Disaster Relief and Emer-19
gency Assistance Act (42 U.S.C. 5170; 42 20
U.S.C. 5191) after the date on which the deter-21
mination is published under subparagraph (A), 22
the authority of the Administrator to waive 23
debt under subsection (b) shall no longer be ef-24
fective. 25
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SEC. 2016. ADDITIONAL DISASTER ASSISTANCE. 1
(a) DISASTER MITIGATION.—Section 209 of the Pub-2
lic Works and Economic Development Act of 1965 (42 3
U.S.C. 3149) is amended by adding at the end the fol-4
lowing: 5
‘‘(e) DISASTER MITIGATION.—In providing assist-6
ance pursuant to subsection (c)(2), if appropriate and as 7
applicable, the Secretary may encourage hazard mitigation 8
in assistance provided pursuant to such subsection.’’. 9
(b) EMERGENCY MANAGEMENT ASSISTANCE COM-10
PACT GRANTS.—Section 661(d) of the Post-Katrina 11
Emergency Management Reform Act of 2006 (6 U.S.C. 12
761(d)) is amended by striking ‘‘for fiscal year 2008’’ and 13
inserting ‘‘for each of fiscal years 2018 through 2022’’. 14
(c) EMERGENCY MANAGEMENT PERFORMANCE 15
GRANTS PROGRAM.—Section 662(f) of the Post-Katrina 16
Emergency Management Reform Act of 2006 (6 U.S.C. 17
762(f)) is amended by striking ‘‘the program’’ and all that 18
follows through ‘‘2012’’ and inserting ‘‘the program, for 19
each of fiscal years 2018 through 2022’’. 20
(d) TECHNICAL AMENDMENT.—Section 403(a)(3) of 21
the Robert T. Stafford Disaster Relief and Emergency As-22
sistance Act (42 U.S.C. 5170b(a)(3)) is amended by strik-23
ing the second subparagraph (J). 24
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SEC. 2017. NATIONAL VETERINARY EMERGENCY TEAMS. 1
(a) IN GENERAL.—The Administrator of the Federal 2
Emergency Management Agency may establish one or 3
more national veterinary emergency teams at accredited 4
colleges of veterinary medicine. 5
(b) RESPONSIBILITIES.—A national veterinary emer-6
gency team shall— 7
(1) deploy with a team of the National Urban 8
Search and Rescue Response System to assist 9
with— 10
(A) veterinary care of canine search teams; 11
(B) locating and treating companion ani-12
mals, service animals, livestock, and other ani-13
mals; and 14
(C) surveillance and treatment of zoonotic 15
diseases; 16
(2) recruit, train, and certify veterinary profes-17
sionals, including veterinary students, in accordance 18
with an established set of plans and standard oper-19
ating guidelines to carry out the duties associated 20
with planning for and responding to emergencies as 21
described in paragraph (1); 22
(3) assist State, Tribal, and local governments 23
and nonprofit organizations in developing emergency 24
management and evacuation plans that account for 25
the care and rescue of animals and in improving 26
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local readiness for providing veterinary medical re-1
sponse during a disaster; and 2
(4) coordinate with the Department of Home-3
land Security, the Department of Health and 4
Human Services, the Department of Agriculture, 5
State, Tribal, and local governments (including de-6
partments of animal and human health), veterinary 7
and health care professionals, and volunteers. 8
SEC. 2018. DISPUTE RESOLUTION PILOT PROGRAM. 9
Section 1105(c) of the Sandy Recovery Improvement 10
Act of 2013 (42 U.S.C. 5189a note) is amended by strik-11
ing ‘‘2015’’ and inserting ‘‘2022’’. 12
SEC. 2019. EMERGENCY RELIEF. 13
Notwithstanding any other provision of law, for each 14
of fiscal years 2018 and 2019, obligations for projects un-15
dertaken to respond to damages caused by Hurricanes 16
Irma and Maria shall be excluded from any calculation 17
of total obligations for purposes of section 125(d)(4) of 18
title 23, United States Code. 19
SEC. 2020. UNIFIED FEDERAL ENVIRONMENTAL AND HIS-20
TORIC PRESERVATION REVIEW. 21
(a) REVIEW AND ANALYSIS.—Not later than 180 22
days after the date of enactment of this Act, the Adminis-23
trator of the Federal Emergency Management Agency 24
shall review the Unified Federal Environmental and His-25
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toric Preservation review process established pursuant to 1
section 429 of the Robert T. Stafford Disaster Relief and 2
Emergency Assistance Act (42 U.S.C. 5189g), and submit 3
a report to the Committee on Transportation and Infra-4
structure of the House of Representatives and the Com-5
mittee on Homeland Security and Governmental Affairs 6
of the Senate that includes the following: 7
(1) An analysis of whether and how the unified 8
process has expedited the interagency review process 9
to ensure compliance with the environmental and 10
historic requirements under Federal law relating to 11
disaster recovery projects. 12
(2) A survey and analysis of categorical exclu-13
sions used by other Federal agencies that may be 14
applicable to any activity related to a Presidentially 15
declared major disaster or emergency under such 16
Act. 17
(3) Recommendations on any further actions, 18
including any legislative proposals, needed to expe-19
dite and streamline the review process. 20
(b) REGULATIONS.—After completing the review, 21
survey, and analyses under subsection (a), but not later 22
than 2 years after the date of enactment of this Act, and 23
after providing notice and opportunity for public comment, 24
the Administrator shall issue regulations to implement any 25
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regulatory recommendations, including any categorical ex-1
clusions identified under subsection (a), to the extent that 2
the categorical exclusions meet the criteria for a categor-3
ical exclusion under section 1508.4 of title 40, Code of 4
Federal Regulations, and section II of DHS Instruction 5
Manual 023–01–001–01. 6
SEC. 2021. CLOSEOUT INCENTIVES. 7
(a) FACILITATING CLOSEOUT.—Section 705 of the 8
Robert T. Stafford Disaster Relief and Emergency Assist-9
ance Act (42 U.S.C. 5205) is amended by adding at the 10
end the following: 11
‘‘(d) FACILITATING CLOSEOUT.— 12
‘‘(1) INCENTIVES.—The Administrator may de-13
velop incentives and penalties that encourage State, 14
Tribal, or local governments to close out expendi-15
tures and activities on a timely basis related to dis-16
aster or emergency assistance. 17
‘‘(2) AGENCY REQUIREMENTS.—The Agency 18
shall, consistent with applicable regulations and re-19
quired procedures, meet its responsibilities to im-20
prove closeout practices and reduce the time to close 21
disaster program awards.’’. 22
(b) REGULATIONS.—The Administrator shall issue 23
regulations to implement this section. 24
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SEC. 2022. PERFORMANCE OF SERVICES. 1
Section 306 of the Robert T. Stafford Disaster Relief 2
and Emergency Assistance Act (42 U.S.C. 5149) is 3
amended by adding at the end the following: 4
‘‘(c) The Administrator of the Federal Emergency 5
Management Agency is authorized to appoint temporary 6
personnel, after serving continuously for 3 years, to posi-7
tions in the Agency in the same manner that competitive 8
service employees with competitive status are considered 9
for transfer, reassignment, or promotion to such positions. 10
An individual appointed under this subsection shall be-11
come a career-conditional employee, unless the employee 12
has already completed the service requirements for career 13
tenure.’’. 14
SEC. 2023. STUDY TO STREAMLINE AND CONSOLIDATE IN-15
FORMATION COLLECTION. 16
Not later than 1 year after the date of enactment 17
of this Act, the Administrator of the Federal Emergency 18
Management Agency shall— 19
(1) in coordination with the Small Business Ad-20
ministration, the Department of Housing and Urban 21
Development, and other appropriate agencies, con-22
duct a study and develop a plan, consistent with law, 23
under which the collection of information from dis-24
aster assistance applicants and grantees will be 25
modified, streamlined, expedited, efficient, flexible, 26
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consolidated, and simplified to be less burdensome, 1
duplicative, and time consuming for applicants and 2
grantees; 3
(2) in coordination with the Small Business Ad-4
ministration, the Department of Housing and Urban 5
Development, and other appropriate agencies, de-6
velop a plan for the regular collection and reporting 7
of information on Federal disaster assistance award-8
ed, including the establishment and maintenance of 9
a website for presenting the information to the pub-10
lic; and 11
(3) submit the plans to the Committee on 12
Transportation and Infrastructure of the House of 13
Representatives and the Committee on Homeland 14
Security and Governmental Affairs of the Senate. 15
SEC. 2024. AGENCY ACCOUNTABILITY. 16
Title IV of the Robert T. Stafford Disaster Relief and 17
Emergency Assistance Act is amended by adding at the 18
end the following: 19
‘‘SEC. 430. AGENCY ACCOUNTABILITY. 20
‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 days 21
after an award of a public assistance grant is made under 22
section 406 that is in excess of $1,000,000, the Adminis-23
trator shall publish on the Agency’s website the specifics 24
of each such grant award, including— 25
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‘‘(1) identifying the Federal Emergency Man-1
agement Agency Region; 2
‘‘(2) the disaster or emergency declaration 3
number; 4
‘‘(3) the State, county, and applicant name; 5
‘‘(4) if the applicant is a private nonprofit orga-6
nization; 7
‘‘(5) the damage category code; 8
‘‘(6) the amount of the Federal share obligated; 9
and 10
‘‘(7) the date of the award. 11
‘‘(b) MISSION ASSIGNMENTS.— 12
‘‘(1) IN GENERAL.—Not later than 5 days after 13
the issuance of a mission assignment or mission as-14
signment task order, the Administrator shall publish 15
on the Agency’s website any mission assignment or 16
mission assignment task order to another Federal 17
department or agency regarding a major disaster in 18
excess of $1,000,000, including— 19
‘‘(A) the name of the impacted State or 20
Tribe; 21
‘‘(B) the disaster declaration for such 22
State or Tribe; 23
‘‘(C) the assigned agency; 24
‘‘(D) the assistance requested; 25
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‘‘(E) a description of the disaster; 1
‘‘(F) the total cost estimate; 2
‘‘(G) the amount obligated; 3
‘‘(H) the State or Tribal cost share, if ap-4
plicable; 5
‘‘(I) the authority under which the mission 6
assignment or mission assignment task order 7
was directed; and 8
‘‘(J) if applicable, the date a State or 9
Tribe requested the mission assignment. 10
‘‘(2) RECORDING CHANGES.—Not later than 10 11
days after the last day of each month until a mission 12
assignment or mission assignment task order de-13
scribed in paragraph (1) is completed and closed 14
out, the Administrator shall update any changes to 15
the total cost estimate and the amount obligated. 16
‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not 17
later than 10 days after the first day of each month, the 18
Administrator shall publish on the Agency’s website re-19
ports, including a specific description of the methodology 20
and the source data used in developing such reports, in-21
cluding— 22
‘‘(1) an estimate of the amounts for the fiscal 23
year covered by the President’s most recent budget 24
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pursuant to section 1105(a) of title 31, United 1
States Code, including— 2
‘‘(A) the unobligated balance of funds to 3
be carried over from the prior fiscal year to the 4
budget year; 5
‘‘(B) the unobligated balance of funds to 6
be carried over from the budget year to the 7
budget year plus 1; 8
‘‘(C) the amount of obligations for non-9
catastrophic events for the budget year; 10
‘‘(D) the amount of obligations for the 11
budget year for catastrophic events delineated 12
by event and by State; 13
‘‘(E) the total amount that has been pre-14
viously obligated or will be required for cata-15
strophic events delineated by event and by State 16
for all prior years, the current fiscal year, the 17
budget year, and each fiscal year thereafter; 18
‘‘(F) the amount of previously obligated 19
funds that will be recovered for the budget 20
year; 21
‘‘(G) the amount that will be required for 22
obligations for emergencies, as described in sec-23
tion 102(1), major disasters, as described in 24
section 102(2), fire management assistance 25
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grants, as described in section 420, surge ac-1
tivities, and disaster readiness and support ac-2
tivities; and 3
‘‘(H) the amount required for activities not 4
covered under section 251(b)(2)(D)(iii) of the 5
Balanced Budget and Emergency Deficit Con-6
trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); 7
and 8
‘‘(2) an estimate or actual amounts, if available, 9
of the following for the current fiscal year shall be 10
submitted not later than the fifth day of each 11
month, published by the Administrator on the Agen-12
cy’s website not later than the fifth day of each 13
month: 14
‘‘(A) A summary of the amount of appro-15
priations made available by source, the trans-16
fers executed, the previously allocated funds re-17
covered, and the commitments, allocations, and 18
obligations made. 19
‘‘(B) A table of disaster relief activity de-20
lineated by month, including— 21
‘‘(i) the beginning and ending bal-22
ances; 23
‘‘(ii) the total obligations to include 24
amounts obligated for fire assistance, 25
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emergencies, surge, and disaster support 1
activities; 2
‘‘(iii) the obligations for catastrophic 3
events delineated by event and by State; 4
and 5
‘‘(iv) the amount of previously obli-6
gated funds that are recovered. 7
‘‘(C) A summary of allocations, obligations, 8
and expenditures for catastrophic events delin-9
eated by event. 10
‘‘(D) The cost of the following categories 11
of spending: 12
‘‘(i) Public assistance. 13
‘‘(ii) Individual assistance. 14
‘‘(iii) Mitigation. 15
‘‘(iv) Administrative. 16
‘‘(v) Operations. 17
‘‘(vi) Any other relevant category (in-18
cluding emergency measures and disaster 19
resources) delineated by disaster. 20
‘‘(E) The date on which funds appro-21
priated will be exhausted. 22
‘‘(d) CONTRACTS.— 23
‘‘(1) INFORMATION.—Not later than 10 days 24
after the first day of each month, the Administrator 25
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shall publish on the Agency’s website the specifics of 1
each contract in excess of $1,000,000 that the Agen-2
cy enters into, including— 3
‘‘(A) the name of the party; 4
‘‘(B) the date the contract was awarded; 5
‘‘(C) the amount and scope of the contract; 6
‘‘(D) if the contract was awarded through 7
competitive bidding process; 8
‘‘(E) if no competitive bidding process was 9
used, the reason why competitive bidding was 10
not used; and 11
‘‘(F) the authority used to bypass the com-12
petitive bidding process. 13
The information shall be delineated by disaster, if 14
applicable, and specify the damage category code, if 15
applicable. 16
‘‘(2) REPORT.—Not later than 10 days after 17
the last day of the fiscal year, the Administrator 18
shall provide a report to the appropriate committees 19
of Congress summarizing the following information 20
for the preceding fiscal year: 21
‘‘(A) The number of contracts awarded 22
without competitive bidding. 23
‘‘(B) The reasons why a competitive bid-24
ding process was not used. 25
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‘‘(C) The total amount of contracts award-1
ed with no competitive bidding. 2
‘‘(D) The damage category codes, if appli-3
cable, for contracts awarded without competi-4
tive bidding.’’. 5
SEC. 2025. AUDIT OF CONTRACTS. 6
Notwithstanding any other provision of law, the Ad-7
ministrator of the Federal Emergency Management Agen-8
cy shall not reimburse a State, Tribe, or local government 9
or the owner or operator of a private nonprofit facility for 10
any activities made pursuant to a contract entered into 11
after August 1, 2017, that prohibits the Administrator or 12
the Comptroller General of the United States from audit-13
ing or otherwise reviewing all aspects relating to the con-14
tract. 15
SEC. 2026. INSPECTOR GENERAL AUDIT OF FEMA CON-16
TRACTS FOR TARPS AND PLASTIC SHEETING. 17
(a) IN GENERAL.—Not later than 30 days after the 18
date of enactment of this Act, the inspector general of the 19
Department of Homeland Security shall initiate an audit 20
of the contracts awarded by the Federal Emergency Man-21
agement Agency (in this section referred to as ‘‘FEMA’’) 22
for tarps and plastic sheeting for the Commonwealth of 23
Puerto Rico and the United States Virgin Islands in re-24
sponse to Hurricane Irma and Hurricane Maria. 25
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(b) CONSIDERATIONS.—In carrying out the audit 1
under subsection (a), the inspector general shall review— 2
(1) the contracting process used by FEMA to 3
evaluate offerors and award the relevant contracts to 4
contractors; 5
(2) FEMA’s assessment of the past perform-6
ance of the contractors, including any historical in-7
formation showing that the contractors had sup-8
ported large-scale delivery quantities in the past; 9
(3) FEMA’s assessment of the capacity of the 10
contractors to carry out the relevant contracts, in-11
cluding with respect to inventory, production, and fi-12
nancial capabilities; 13
(4) how FEMA ensured that the contractors 14
met the terms of the relevant contracts; and 15
(5) whether the failure of the contractors to 16
meet the terms of the relevant contracts and 17
FEMA’s subsequent cancellation of the relevant con-18
tracts affected the provision of tarps and plastic 19
sheeting to the Commonwealth of Puerto Rico and 20
the United States Virgin Islands. 21
(c) REPORT.—Not later than 270 days after the date 22
of initiation of the audit under subsection (a), the inspec-23
tor general shall submit to the Committee on Transpor-24
tation and Infrastructure of the House of Representatives 25
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and the Committee on Homeland Security and Govern-1
mental Affairs of the Senate a report on the results of 2
the audit, including findings and recommendations. 3
SEC. 2027. RELIEF ORGANIZATIONS. 4
Section 309 of the Robert T. Stafford Disaster Relief 5
and Emergency Assistance Act (42 U.S.C. 5152) is 6
amended— 7
(1) in subsection (a), by striking ‘‘and other re-8
lief or’’ and inserting ‘‘long-term recovery groups, 9
domestic hunger relief, and other relief, or’’; and 10
(2) in subsection (b), by striking ‘‘and other re-11
lief or’’ and inserting ‘‘long-term recovery groups, 12
domestic hunger relief, and other relief, or’’. 13
SEC. 2028. GUIDANCE ON INUNDATED AND SUBMERGED 14
ROADS. 15
The Administrator of the Federal Emergency Man-16
agement Agency, in coordination with the Administrator 17
of the Federal Highway Administration, shall develop and 18
issue guidance for State, local, and Tribal governments 19
regarding repair, restoration, and replacement of inun-20
dated and submerged roads damaged or destroyed by a 21
major disaster, and for associated expenses incurred by 22
the Government, with respect to roads eligible for assist-23
ance under section 406 of the Robert T. Stafford Disaster 24
Relief and Emergency Assistance Act (42 U.S.C. 5172). 25
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SEC. 2029. AUTHORITIES. 1
Notwithstanding any other provision of law, the non- 2
federally funded actions of private parties and State, local, 3
or Tribal governments, on State, local, Tribal, and private 4
land, and the effects of those actions, shall not be attrib-5
uted to the Federal Emergency Management Agency’s ac-6
tions under the National Flood Insurance Act of 1968 (42 7
U.S.C. 4001 et seq.), the Flood Disaster Protection Act 8
of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters 9
Flood Insurance Reform Act of 2012 (subtitle A of title 10
II of division F of Public Law 112–141; 126 Stat. 916), 11
and the Homeowner Flood Insurance Affordability Act of 12
2014 (Public Law 113–89; 128 Stat. 1020) for the pur-13
poses of section 7 (16 U.S.C. 1536) and section 9 (16 14
U.S.C. 1538) of the Endangered Species Act. Actions 15
taken under the National Flood Insurance Act of 1968, 16
the Flood Disaster Protection Act of 1973, the Biggert- 17
Waters Flood Insurance Reform Act of 2012, and the 18
Homeowner Flood Insurance Affordability Act of 2014, 19
that may influence private actions do not create a Federal 20
nexus for the purpose of applying the requirements of sec-21
tion 7 of the Endangered Species Act of 1973 (16 U.S.C. 22
1536). 23
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SEC. 2030. RECOUPMENT OF CERTAIN ASSISTANCE PRO-1
HIBITED. 2
(a) IN GENERAL.—Notwithstanding section 3716(e) 3
of title 31, United States Code, and unless there is evi-4
dence of civil or criminal fraud, the Federal Emergency 5
Management Agency may not take any action to recoup 6
covered assistance from the recipient of such assistance 7
if the receipt of such assistance occurred on a date that 8
is more than 3 years before the date on which the Federal 9
Emergency Management Agency first provides to the re-10
cipient written notification of an intent to recoup. 11
(b) COVERED ASSISTANCE DEFINED.—In this sec-12
tion, the term ‘‘covered assistance’’ means assistance pro-13
vided— 14
(1) under section 408 of the Robert T. Stafford 15
Disaster Relief and Emergency Assistance Act (42 16
U.S.C. 5174); and 17
(2) in relation to a major disaster or emergency 18
declared by the President under section 401 or 501 19
of such Act (42 U.S.C. 5170; 42 U.S.C. 5191) on 20
or after January 1, 2012. 21
SEC. 2031. STATUTE OF LIMITATIONS. 22
(a) IN GENERAL.—Section 705 of the Robert T. 23
Stafford Disaster Relief and Emergency Assistance Act 24
(42 U.S.C. 5205) is amended— 25
(1) in subsection (a)(1)— 26
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(A) by striking ‘‘Except’’ and inserting 1
‘‘Notwithstanding section 3716(e) of title 31, 2
United States Code, and except’’; and 3
(B) by striking ‘‘report for the disaster or 4
emergency’’ and inserting ‘‘report for project 5
completion as certified by the grantee’’; and 6
(2) in subsection (b)— 7
(A) in paragraph (1) by striking ‘‘report 8
for the disaster or emergency’’ and inserting 9
‘‘report for project completion as certified by 10
the grantee’’; and 11
(B) in paragraph (3) by inserting ‘‘for 12
project completion as certified by the grantee’’ 13
after ‘‘final expenditure report’’. 14
(b) APPLICABILITY.— 15
(1) IN GENERAL.—With respect to disaster or 16
emergency assistance provided to a State or local 17
government on or after January 1, 2004— 18
(A) no administrative action may be taken 19
to recover a payment of such assistance after 20
the date of enactment of this Act if the action 21
is prohibited under section 705(a)(1) of the 22
Robert T. Stafford Disaster Relief and Emer-23
gency Assistance Act (42 U.S.C. 5205(a)(1)), 24
as amended by subsection (a); and 25
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(B) any administrative action to recover a 1
payment of such assistance that is pending on 2
such date of enactment shall be terminated if 3
the action is prohibited under section 705(a)(1) 4
of that Act, as amended by subsection (a). 5
(2) LIMITATION.—This section, including the 6
amendments made by this section, may not be con-7
strued to invalidate or otherwise affect any adminis-8
tration action completed before the date of enact-9
ment of this Act. 10
SEC. 2032. TECHNICAL ASSISTANCE AND RECOMMENDA-11
TIONS. 12
(a) TECHNICAL ASSISTANCE.—The Administrator of 13
the Federal Emergency Management Agency shall provide 14
technical assistance to a common interest community that 15
provides essential services of a governmental nature on ac-16
tions that a common interest community may take in 17
order to be eligible to receive reimbursement from a grant-18
ee that receives funds from the Agency for certain activi-19
ties performed after an event that results in a disaster 20
declaration. 21
(b) RECOMMENDATIONS.—Not later than 90 days 22
after the date of enactment of this Act, the Administrator 23
shall provide to the Committee on Transportation and In-24
frastructure of the House of Representatives and the Com-25
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mittee on Homeland Security and Governmental Affairs 1
of the Senate a legislative proposal on how to provide eligi-2
bility for disaster assistance with respect to common areas 3
of condominiums and housing cooperatives. 4
SEC. 2033. GUIDANCE ON HAZARD MITIGATION ASSIST-5
ANCE. 6
(a) IN GENERAL.—Not later than 180 days after the 7
date of enactment of this Act, the Administrator of the 8
Federal Emergency Management Agency shall issue guid-9
ance regarding the acquisition of property for open space 10
as a mitigation measure under section 404 of the Robert 11
T. Stafford Disaster Relief and Emergency Assistance Act 12
(42 U.S.C. 5170c) that includes— 13
(1) a process by which the State hazard mitiga-14
tion officer appointed for such an acquisition shall, 15
not later than 60 days after the applicant for assist-16
ance enters into an agreement with the Adminis-17
trator regarding the acquisition, provide written no-18
tification to each affected unit of local government 19
for such acquisition that includes— 20
(A) the location of the acquisition; 21
(B) the State-local assistance agreement 22
for the hazard mitigation grant program; 23
(C) a description of the acquisition; and 24
(D) a copy of the deed restriction; and 25
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(2) recommendations for entering into and im-1
plementing a memorandum of understanding be-2
tween units of local government and covered entities 3
that includes provisions to allow an affected unit of 4
local government notified under paragraph (1) to— 5
(A) use and maintain the open space cre-6
ated by such a project, consistent with section 7
404 (including related regulations, standards, 8
and guidance) and consistent with all adjoining 9
property, subject to the notification of the ad-10
joining property, so long as the cost of the 11
maintenance is borne by the local government; 12
and 13
(B) maintain the open space pursuant to 14
standards exceeding any local government 15
standards defined in the agreement with the 16
Administrator described under paragraph (1). 17
(b) DEFINITIONS.—In this section the following defi-18
nitions apply: 19
(1) AFFECTED UNIT OF LOCAL GOVERN-20
MENT.—The term ‘‘affected unit of local govern-21
ment’’ means any entity covered by the definition of 22
local government in section 102 of the Robert T. 23
Stafford Disaster Relief and Emergency Assistance 24
Act (42 U.S.C. 5122), that has jurisdiction over the 25
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property subject to the acquisition described in sub-1
section (a). 2
(2) COVERED ENTITY.—The term ‘‘covered en-3
tity’’ means— 4
(A) the grantee or subgrantee receiving as-5
sistance for an open space project described in 6
subsection (a); 7
(B) the State in which such project is lo-8
cated; and 9
(C) the applicable Regional Administrator 10
of the Federal Emergency Management Agency. 11
SEC. 2034. LOCAL IMPACT. 12
In making recommendations to the President regard-13
ing a major disaster declaration, the Administrator of the 14
Federal Emergency Management Agency shall give great-15
er weight and consideration to severe local impact or re-16
cent multiple disasters. Further, the Administrator shall 17
make corresponding adjustments to the Agency’s policies 18
and regulations regarding such consideration. Not later 19
than 1 year after the date of enactment of this section, 20
the Administrator shall report to the Committee on Trans-21
portation and Infrastructure of the House of Representa-22
tives and the Committee on Homeland Security and Gov-23
ernmental Affairs of the Senate on the changes made to 24
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regulations and policies and the number of declarations 1
that have been declared based on the new criteria. 2
SEC. 2035. ADDITIONAL HAZARD MITIGATION ACTIVITIES. 3
Section 404 of the Robert T. Stafford Disaster Relief 4
and Emergency Assistance Act (42 U.S.C. 5170c) is fur-5
ther amended by adding at the end the following: 6
‘‘(g) USE OF ASSISTANCE.—Recipients of hazard 7
mitigation assistance provided under this section and sec-8
tion 203 may use the assistance to conduct activities to 9
help reduce the risk of future damage, hardship, loss, or 10
suffering in any area affected by earthquake hazards, in-11
cluding— 12
‘‘(1) improvements to regional seismic networks 13
in support of building a capability for earthquake 14
early warning; 15
‘‘(2) improvements to geodetic networks in sup-16
port of building a capability for earthquake early 17
warning; and 18
‘‘(3) improvements to seismometers, Global Po-19
sitioning System receivers, and associated infrastruc-20
ture in support of building a capability for earth-21
quake early warning.’’. 22
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SEC. 2036. NATIONAL PUBLIC INFRASTRUCTURE 1
PREDISASTER HAZARD MITIGATION. 2
(a) PREDISASTER HAZARD MITIGATION.—Section 3
203 of the Robert T. Stafford Disaster Relief and Emer-4
gency Assistance Act (42 U.S.C. 5133) is amended— 5
(1) in subsection (c) by inserting ‘‘Public Infra-6
structure’’ after ‘‘the National’’; 7
(2) in subsection (e)(1)(B)— 8
(A) by striking ‘‘or’’ at the end of clause 9
(ii); 10
(B) by striking the period at the end of 11
clause (iii) and inserting ‘‘; or’’; and 12
(C) by adding at the end the following: 13
‘‘(iv) to establish and carry out en-14
forcement activities to implement the latest 15
published editions of relevant consensus- 16
based codes, specifications, and standards 17
that incorporate the latest hazard-resistant 18
designs and establish minimum acceptable 19
criteria for the design, construction, and 20
maintenance of residential structures and 21
facilities that may be eligible for assistance 22
under this Act for the purpose of pro-23
tecting the health, safety, and general wel-24
fare of the buildings’ users against disas-25
ters.’’; 26
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(3) in subsection (f)— 1
(A) in paragraph (1) by inserting ‘‘for 2
mitigation activities that are cost effective’’ 3
after ‘‘competitive basis’’; and 4
(B) by adding at the end the following: 5
‘‘(3) REDISTRIBUTION OF UNOBLIGATED 6
AMOUNTS.—The President may— 7
‘‘(A) withdraw amounts of financial assist-8
ance made available to a State (including 9
amounts made available to local governments of 10
a State) under this subsection that remain un-11
obligated by the end of the third fiscal year 12
after the fiscal year for which the amounts were 13
allocated; and 14
‘‘(B) in the fiscal year following a fiscal 15
year in which amounts were withdrawn under 16
subparagraph (A), add the amounts to any 17
other amounts available to be awarded on a 18
competitive basis pursuant to paragraph (1).’’; 19
(4) in subsection (g)— 20
(A) in paragraph (9) by striking ‘‘and’’ at 21
the end; 22
(B) by redesignating paragraph (10) as 23
paragraph (12); and 24
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(C) by adding after paragraph (9) the fol-1
lowing: 2
‘‘(10) the extent to which the State or local 3
government has facilitated the adoption and enforce-4
ment of the latest published editions of relevant con-5
sensus-based codes, specifications, and standards 6
that incorporate the latest hazard-resistant designs 7
and establish criteria for the design, construction, 8
and maintenance of residential structures and facili-9
ties that may be eligible for assistance under this 10
Act for the purpose of protecting the health, safety, 11
and general welfare of the buildings’ users against 12
disasters; 13
‘‘(11) the extent to which the assistance will 14
fund activities that increase the level of resiliency; 15
and’’; 16
(5) by striking subsection (i) and inserting the 17
following: 18
‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE 19
PREDISASTER MITIGATION ASSISTANCE.— 20
‘‘(1) IN GENERAL.—The President may set 21
aside from the Disaster Relief Fund, with respect to 22
each major disaster, an amount equal to 6 percent 23
of the estimated aggregate amount of the grants to 24
be made pursuant to sections 403, 406, 407, 408, 25
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410, and 416 for the major disaster in order to pro-1
vide technical and financial assistance under this 2
section. 3
‘‘(2) ESTIMATED AGGREGATE AMOUNT.—Not 4
later than 180 days after each major disaster dec-5
laration pursuant to this Act, the estimated aggre-6
gate amount of grants for purposes of paragraph (1) 7
shall be determined by the President and such esti-8
mated amount need not be reduced, increased, or 9
changed due to variations in estimates. 10
‘‘(3) NO REDUCTION IN AMOUNTS.—The 11
amount set aside pursuant to paragraph (1) shall 12
not reduce the amounts otherwise made available for 13
sections 403, 404, 406, 407, 408, 410, and 416 14
under this Act.’’; and 15
(6) by striking subsections (j) and (m) and re-16
designating subsections (k), (l), and (n) as sub-17
sections (j), (k), and (l), respectively. 18
(b) APPLICABILITY.—The amendments made to sec-19
tion 203 of the Robert T. Stafford Disaster Relief and 20
Emergency Assistance Act (42 U.S.C. 5133) by para-21
graphs (3) and (5) of subsection (a) shall apply to funds 22
appropriated after the date of enactment of this Act. 23
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SEC. 2037. ADDITIONAL MITIGATION ACTIVITIES. 1
(a) HAZARD MITIGATION CLARIFICATION.—Section 2
404(a) of the Robert T. Stafford Disaster Relief and 3
Emergency Assistance Act (42 U.S.C. 5170c(a)) is 4
amended by striking the first sentence and inserting the 5
following: ‘‘The President may contribute up to 75 percent 6
of the cost of hazard mitigation measures which the Presi-7
dent has determined are cost effective and which substan-8
tially reduce the risk of, or increase resilience to, future 9
damage, hardship, loss, or suffering in any area affected 10
by a major disaster.’’. 11
(b) ELIGIBLE COST.—Section 406(e)(1)(A) of such 12
Act (42 U.S.C. 5172(e)(1)(A)) is amended— 13
(1) in the matter preceding clause (i), by insert-14
ing after ‘‘section,’’ the following: ‘‘for disasters de-15
clared on or after August 1, 2017, or a disaster in 16
which a cost estimate has not yet been finalized for 17
a project,’’; 18
(2) in clause (i), by striking ‘‘and’’; 19
(3) in clause (ii)— 20
(A) by striking ‘‘codes, specifications, and 21
standards’’ and inserting ‘‘the latest published 22
editions of relevant consensus-based codes, 23
specifications, and standards that incorporate 24
the latest hazard-resistant designs and establish 25
minimum acceptable criteria for the design, 26
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construction, and maintenance of residential 1
structures and facilities that may be eligible for 2
assistance under this Act for the purposes of 3
protecting the health, safety, and general wel-4
fare of a facility’s users against disasters’’; 5
(B) by striking ‘‘applicable at the time at 6
which the disaster occurred’’; and 7
(C) by striking the period at the end and 8
inserting ‘‘; and’’; and 9
(4) by adding at the end the following: 10
‘‘(iii) in a manner that allows the fa-11
cility to meet the definition of resilient de-12
veloped pursuant to this subsection.’’. 13
(c) OTHER ELIGIBLE COST.—Section 406(e)(1) of 14
such Act (42 U.S.C. 5172(e)(1)) is further amended by 15
inserting at the end the following: 16
‘‘(C) CONTRIBUTIONS.—Contributions for 17
the eligible cost made under this section may be 18
provided on an actual cost basis or on cost-esti-19
mation procedures.’’. 20
(d) NEW RULES.—Section 406(e) of such Act (42 21
U.S.C. 5172(e)) is further amended by adding at the end 22
the following: 23
‘‘(5) NEW RULES.— 24
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‘‘(A) IN GENERAL.—Not later than 18 1
months after the date of enactment of this 2
paragraph, the President, acting through the 3
Administrator of the Federal Emergency Man-4
agement Agency, shall issue a final rulemaking 5
that defines the terms ‘resilient’ and ‘resiliency’ 6
for purposes of this subsection. 7
‘‘(B) INTERIM GUIDANCE.—Not later than 8
60 days after the date of enactment of this 9
paragraph, the Administrator shall issue in-10
terim guidance to implement this subsection. 11
Such interim guidance shall expire 18 months 12
after the date of enactment of this paragraph 13
or upon issuance of final regulations pursuant 14
to subparagraph (A), whichever occurs first. 15
‘‘(C) GUIDANCE.—Not later than 90 days 16
after the date on which the Administrator 17
issues the final rulemaking under this para-18
graph, the Administrator shall issue any nec-19
essary guidance related to the rulemaking. 20
‘‘(D) REPORT.—Not later than 2 years 21
after the date of enactment of this paragraph, 22
the Administrator shall submit to Congress a 23
report summarizing the regulations and guid-24
ance issued pursuant to this paragraph.’’. 25
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(e) CONFORMING AMENDMENT.—Section 205(d)(2) 1
of the Disaster Mitigation Act of 2000 (Public Law 106– 2
390) is amended by inserting ‘‘(C)’’ after ‘‘except that 3
paragraph (1)’’. 4
SEC. 2038. FEDERAL COST-SHARE ADJUSTMENTS FOR RE-5
PAIR, RESTORATION, AND REPLACEMENT OF 6
DAMAGED FACILITIES. 7
Section 406(b) of the Robert T. Stafford Disaster Re-8
lief and Emergency Assistance Act (42 U.S.C. 5172(b)) 9
is amended by inserting after paragraph (2) the following: 10
‘‘(3) INCREASED FEDERAL SHARE.— 11
‘‘(A) INCENTIVE MEASURES.—The Presi-12
dent may provide incentives to a State or Tribal 13
government to invest in measures that increase 14
readiness for, and resilience from, a major dis-15
aster by recognizing such investments through 16
a sliding scale that increases the minimum Fed-17
eral share to 85 percent. Such measures may 18
include— 19
‘‘(i) the adoption of a mitigation plan 20
approved under section 322; 21
‘‘(ii) investments in disaster relief, in-22
surance, and emergency management pro-23
grams; 24
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‘‘(iii) encouraging the adoption and 1
enforcement of the latest published edi-2
tions of relevant consensus-based codes, 3
specifications, and standards that incor-4
porate the latest hazard-resistant designs 5
and establish minimum acceptable criteria 6
for the design, construction, and mainte-7
nance of residential structures and facili-8
ties that may be eligible for assistance 9
under this Act for the purpose of pro-10
tecting the health, safety, and general wel-11
fare of the buildings’ users against disas-12
ters; 13
‘‘(iv) facilitating participation in the 14
community rating system; and 15
‘‘(v) funding mitigation projects or 16
granting tax incentives for projects that re-17
duce risk. 18
‘‘(B) COMPREHENSIVE GUIDANCE.—Not 19
later than 1 year after the date of enactment of 20
this paragraph, the President, acting through 21
the Administrator, shall issue comprehensive 22
guidance to State and Tribal governments re-23
garding the measures and investments, weight-24
ed appropriately based on actuarial assessments 25
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of eligible actions, that will be recognized for 1
the purpose of increasing the Federal share 2
under this section. Guidance shall ensure that 3
the agency’s review of eligible measures and in-4
vestments does not unduly delay determining 5
the appropriate Federal cost share. 6
‘‘(C) REPORT.—One year after the 7
issuance of the guidance required by subpara-8
graph (B), the Administrator shall submit to 9
the Committee on Transportation and Infra-10
structure of the House of Representatives and 11
the Committee on Homeland Security and Gov-12
ernmental Affairs of the Senate a report re-13
garding the analysis of the Federal cost shares 14
paid under this section. 15
‘‘(D) SAVINGS CLAUSE.—Nothing in this 16
paragraph prevents the President from increas-17
ing the Federal cost share above 85 percent.’’. 18
DIVISION C—OTHER MATTERS 19
SEC. 3001. TREATMENT OF SEED COTTON. 20
(a) DEFINITION.—Section 1111 of the Agricultural 21
Act of 2014 (7 U.S.C. 9011) is amended by adding at 22
the end the following new paragraph: 23
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‘‘(25) SEED COTTON.—The term ‘seed cotton’ 1
means unginned upland cotton that includes both 2
lint and seed.’’. 3
(b) DESIGNATION AS COVERED COMMODITY.—Sec-4
tion 1111(6) of the Agricultural Act of 2014 (7 U.S.C. 5
9011(6)) is amended by adding at the end the following 6
new sentence: ‘‘Effective beginning with the 2018 crop 7
year, the term includes seed cotton.’’. 8
(c) REFERENCE PRICE.—Section 1111(18) of the 9
Agricultural Act of 2014 (7 U.S.C. 9011(18)) is amended 10
by adding at the end the following new subparagraph: 11
‘‘(O) For seed cotton, $0.367 per pound.’’. 12
(d) PAYMENT YIELD.—Section 1113(d) of the Agri-13
cultural Act of 2014 (7 U.S.C. 9013(d)) is amended by 14
adding at the end the following new paragraph: 15
‘‘(5) PAYMENT YIELD FOR SEED COTTON.— 16
‘‘(A) PAYMENT YIELD.—Subject to sub-17
paragraph (B), the payment yield for seed cot-18
ton for a farm shall be equal to 2.4 times the 19
payment yield for upland cotton for the farm 20
established for purposes of subsection (e)(3) of 21
section 1104 of the Food, Conservation, and 22
Energy Act of 2008 (Public Law 110–246; 122 23
Stat. 1672), as in effect immediately before the 24
repeal of such section by section 1102(a) of the 25
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Agricultural Act of 2014 (Public Law 113–79; 1
128 Stat. 658). 2
‘‘(B) UPDATE.—At the sole discretion of 3
the owner of a farm with a yield described in 4
subparagraph (A), the owner of the farm shall 5
have a 1-time opportunity to update the pay-6
ment yield for upland cotton for the farm, as 7
provided in subsection (d), for the purpose of 8
calculating the payment yield for seed cotton 9
under such subparagraph.’’. 10
(e) PAYMENT ACRES.—Section 1114(b) of the Agri-11
cultural Act of 2014 (7 U.S.C. 9014(b)) is amended by 12
adding at the end the following new paragraph: 13
‘‘(4) SEED COTTON RULE.— 14
‘‘(A) IN GENERAL.—Not later than 90 15
days after the date of the enactment of this 16
paragraph, the Secretary shall require the 17
owner of a farm to allocate all generic base 18
acres on the farm under subparagraph (B) or 19
(C), or both. 20
‘‘(B) NO RECENT HISTORY OF COVERED 21
COMMODITIES.—In the case of a farm where no 22
covered commodities (including seed cotton) 23
were planted or were prevented from being 24
planted at any time during the 2009 through 25
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2016 crop years, the owner of such farm shall 1
allocate generic base acres on the farm to unas-2
signed crop base for which no payments may be 3
made under section 1116 or 1117. 4
‘‘(C) RECENT HISTORY OF COVERED COM-5
MODITIES.—In the case of a farm not described 6
in subparagraph (B), the owner of such farm 7
shall allocate generic base acres on the farm— 8
‘‘(i) subject to subparagraph (D), to 9
seed cotton base acres in an amount equal 10
to the greater of— 11
‘‘(I) 80 percent of the generic 12
base acres on the farm; or 13
‘‘(II) the average seed cotton 14
acres planted or prevented from being 15
planted on the farm during the 2009 16
through 2012 crop years (not to ex-17
ceed the total generic base acres on 18
the farm); or 19
‘‘(ii) to covered commodities (includ-20
ing seed cotton), by applying subpara-21
graphs (B), (D), (E), and (F) of section 22
1112(a)(3). 23
‘‘(D) TREATMENT OF RESIDUAL GENERIC 24
BASE ACRES.—In the case of a farm where ge-25
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neric base acres are allocated under subpara-1
graph (C)(i), the residual generic base acres 2
shall be allocated to unassigned crop base for 3
which no payments may be made under section 4
1116 or 1117. 5
‘‘(E) EFFECT OF FAILURE TO ALLO-6
CATE.—If the owner of a farm fails to allocate 7
generic base acres on the farm, the owner of 8
the farm shall be deemed to have allocated all 9
generic base acres in accordance with subpara-10
graph (C)(i).’’. 11
(f) RECORDKEEPING REGARDING UNASSIGNED CROP 12
BASE.—Section 1114 of the Agricultural Act of 2014 (7 13
U.S.C. 9014) is amended by adding at the end the fol-14
lowing new subsection: 15
‘‘(f) UNASSIGNED CROP BASE.—The Secretary shall 16
maintain information on generic base acres on a farm allo-17
cated as unassigned crop base pursuant to subsection 18
(b)(4).’’. 19
(g) SPECIAL ELECTION PERIOD FOR PRICE LOSS 20
COVERAGE OR AGRICULTURE RISK COVERAGE.—Section 21
1115 of the Agricultural Act of 2014 (7 U.S.C. 9014(b)) 22
is amended— 23
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(1) in subsection (a), by striking ‘‘For’’ and in-1
serting ‘‘Except as provided in subsection (g), for’’; 2
and 3
(2) by adding at the end the following new sub-4
section: 5
‘‘(g) SPECIAL ELECTION.— 6
‘‘(1) ELECTION REQUIRED.—In the case of 7
acres allocated on a farm to seed cotton, all of the 8
producers on the farm shall be given the opportunity 9
to make a new 1-time election under subsection (a) 10
to reflect the designation of seed cotton as a covered 11
commodity for that crop year under section 1111(6). 12
‘‘(2) EFFECT OF FAILURE TO MAKE UNANI-13
MOUS ELECTION.—If all of the producers on a farm 14
fail to make a unanimous election under paragraph 15
(1), the producers on the farm shall be deemed to 16
have elected price loss coverage under section 1116 17
for all acres allocated on the farm to seed cotton.’’. 18
(h) EFFECTIVE PRICE.—Section 1116 of the Agricul-19
tural Act of 2014 (7 U.S.C. 9016(b)) is amended by add-20
ing at the end the following new subsection: 21
‘‘(h) EFFECTIVE PRICE FOR SEED COTTON.— 22
‘‘(1) IN GENERAL.—The effective price for seed 23
cotton under subsection (b) shall be equal to the 24
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marketing year average price for seed cotton, as cal-1
culated under paragraph (2). 2
‘‘(2) CALCULATION.—The marketing year aver-3
age price for seed cotton for a crop year shall be 4
equal to the quotient of— 5
‘‘(A) a dividend that is equal to the sum 6
of— 7
‘‘(i) the product obtained when the 8
upland cotton lint marketing year average 9
price is multiplied by total United States 10
upland cotton lint production measured in 11
pounds; and 12
‘‘(ii) the product obtained when the 13
cottonseed marketing year average price is 14
multiplied by total United States cotton-15
seed production measured in pounds; and 16
‘‘(B) a divisor that is equal to the sum 17
of— 18
‘‘(i) total United States upland cotton 19
lint production measured in pounds; and 20
‘‘(ii) total United States cottonseed 21
production measured in pounds.’’. 22
(i) DEEMED LOAN RATE FOR SEED COTTON.—Sec-23
tion 1202 of the Agricultural Act of 2014 (7 U.S.C. 9032) 24
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is amended by adding at the end the following new sub-1
section: 2
‘‘(c) RULE FOR SEED COTTON.— 3
‘‘(1) IN GENERAL.—For purposes of section 4
1116(b)(2) and paragraphs (1)(B)(ii) and 5
(2)(A)(ii)(II) of section 1117(b) only, seed cotton 6
shall be deemed to have a loan rate equal to $0.25 7
per pound. 8
‘‘(2) RULE OF CONSTRUCTION.—Nothing in 9
this subsection shall be construed to authorize non-10
recourse marketing assistance loans under this part 11
for seed cotton.’’. 12
(j) LIMITATION ON STACKED INCOME PROTECTION 13
PLAN FOR PRODUCERS OF UPLAND COTTON.—Section 14
508B of the Agricultural Adjustment Act of 1938 (7 15
U.S.C. 1508b) is amended by adding the following new 16
subsection: 17
‘‘(f) LIMITATION.—Beginning with the 2018 crop 18
year, in the case of a farm that is enrolled for a crop year 19
in price loss coverage under section 1116 of the Agricul-20
tural Act of 2014 (7 U.S.C. 9016) or agriculture risk cov-21
erage under section 1117 of such Act (7 U.S.C. 9017) and 22
the coverage on the farm includes seed cotton, the farm 23
shall not be eligible for a Stacked Income Protection Plan 24
for upland cotton for that crop year.’’. 25
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(k) TECHNICAL CORRECTION.—Section 1114(b)(2) 1
of the Agricultural Act of 2014 (7 U.S.C. 9014(b)(2)) is 2
amended by striking ‘‘paragraphs (1)(B) and (2)(B)’’ and 3
inserting ‘‘paragraphs (1) and (2)’’. 4
(l) ADMINISTRATION.—The Secretary of Agriculture 5
shall carry out the amendments made by this section in 6
the manner provided under section 1601 of the Agricul-7
tural Act of 2014 (7 U.S.C. 9091). 8
(m) APPLICATION.—The amendments made by this 9
section shall apply beginning with the 2018 crop year. 10
SEC. 3002. LIMITATION ON CROP INSURANCE LIVESTOCK- 11
RELATED EXPENDITURES. 12
(a) IN GENERAL.—Paragraph (10) of section 523(b) 13
of the Federal Crop Insurance Act (7 U.S.C. 1523) is re-14
pealed. 15
(b) CONFORMING AMENDMENTS.—Section 516 of the 16
Federal Crop Insurance Act (7 U.S.C. 1516) is amended 17
in subsections (a)(2)(C) and (b)(1)(D) by striking ‘‘sub-18
sections (a)(3)(E)(ii) and (b)(10) of section 523’’ and in-19
serting ‘‘subsection (a)(3)(E)(ii) of such section’’. 20
SEC. 3003. NATIONAL ACCURACY CLEARINGHOUSE. 21
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 22
et seq.) is amended at the end by adding the following: 23
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‘‘SEC. 30. NATIONAL ACCURACY CLEARINGHOUSE. 1
‘‘(a) IN GENERAL.—The Secretary shall establish an 2
interstate database, or system of databases, of supple-3
mental nutrition assistance program information to be 4
known as the National Accuracy Clearinghouse. 5
‘‘(b) PURPOSE.—Any database or system of data-6
bases established pursuant to subsection (a) shall be used 7
by States when making eligibility determinations to pre-8
vent supplemental nutrition assistance program partici-9
pants from receiving duplicative benefits in multiple 10
States. 11
‘‘(c) IMPLEMENTATION.— 12
‘‘(1) ISSUANCE OF INTERIM FINAL REGULA-13
TIONS.—Not later than 18 months after the effective 14
date of this section, the Secretary shall issue interim 15
final regulations to carry out this section that— 16
‘‘(A) incorporate best practices and lessons 17
learned from the regional pilot project ref-18
erenced in section 4032(c) of the Agricultural 19
Act of 2014 (7 U.S.C. 2036c(c)); 20
‘‘(B) safeguard the security of the data 21
stored in the National Accuracy Clearinghouse 22
and protect the privacy of supplemental nutri-23
tion assistance program participants and appli-24
cants; and 25
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‘‘(C) detail the process States will be re-1
quired to follow for— 2
‘‘(i) conducting initial and ongoing 3
matches of participant and applicant data; 4
‘‘(ii) identifying and acting on all ap-5
parent instances of duplicative participa-6
tion by participants or applicants in mul-7
tiple States; and 8
‘‘(iii) complying with such other rules 9
and standards the Secretary determines 10
appropriate to carry out this section. 11
‘‘(2) TIMING.—The initial match and cor-12
responding actions required by paragraph (1)(C) 13
shall occur within 3 years after the effective date of 14
this section.’’. 15
DIVISION D—BUDGETARY 16
EFFECTS 17
SEC. 4001. BUDGETARY EFFECTS. 18
(a) IN GENERAL.—The budgetary effects of division 19
B and each succeeding division shall not be entered on 20
either PAYGO scorecard maintained pursuant to section 21
4(d) of the Statutory Pay-As-You-Go Act of 2010. 22
(b) SENATE PAYGO SCORECARDS.—The budgetary 23
effects of division B and each succeeding division shall not 24
be entered on any PAYGO scorecard maintained for pur-25
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poses of section 4106 of H. Con. Res. 71 (115th Con-1
gress). 2
(c) CLASSIFICATION OF BUDGETARY EFFECTS.— 3
Notwithstanding Rule 3 of the Budget Scorekeeping 4
Guidelines set forth in the joint explanatory statement of 5
the committee of conference accompanying Conference Re-6
port 105–217 and section 250(c)(8) of the Balanced 7
Budget and Emergency Deficit Control Act of 1985, the 8
budgetary effects of division B and each succeeding divi-9
sion shall not be estimated— 10
(1) for purposes of section 251 of such Act; and 11
(2) for purposes of paragraph (4)(C) of section 12
3 of the Statutory Pay-As-You-Go Act of 2010 as 13
being included in an appropriation Act. 14
Æ
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