Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017
This bill provides $36.5 billion in FY2018 emergency supplemental appropriations to the Federal Emergency Management Agency (FEMA), the Department of Agriculture (USDA), and the Department of the Interior for relief and recovery efforts in response to recent hurricanes and wildfires.
For FEMA, the bill provides: (1) $18.67 billion for the Disaster Relief Fund, of which up to $4.9 billion may be transferred to the Community Disaster Loan Program for direct loans to assist local governments in providing essential services as a result of Hurricanes Harvey, Irma, or Maria; and (2) $16 billion in debt relief for the National Flood Insurance Program.
The bill also provides $576.5 million to the Forest Service and Interior for wildfire suppression activities.
USDA may use up to $1.27 billion of funds previously provided for the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) contingency reserve to provide a grant to Puerto Rico for disaster nutrition assistance in response to the presidentially declared major disasters and emergencies.
The bill designates the funds as emergency requirements. (Emergency spending is exempt from discretionary spending limits and other budget enforcement rules.)
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4008 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4008
Making additional supplemental appropriations for disaster relief
requirements for the fiscal year ending September 30, 2018, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 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
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making additional supplemental appropriations for disaster relief
requirements for the fiscal year ending September 30, 2018, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief fund
(including transfers of funds)
For an additional amount for ``Disaster Relief Fund'' for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $18,670,000,000,
to remain available until expended, of which $10,000,000 shall be
transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters: Provided,
That the Administrator of the Federal Emergency Management Agency shall
publish on the Agency's website not later than 5 days after an award of
a public assistance grant under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) that is
in excess of $1,000,000, the specifics of each such grant award:
Provided further, That for any mission assignment or mission assignment
task order to another Federal department or agency regarding a major
disaster in excess of $1,000,000, not later than 5 days after the
issuance of such mission assignment or mission assignment task order,
the Administrator shall publish on the Agency's website the following:
the name of the impacted State, the disaster declaration for such
State, the assigned agency, the assistance requested, a description of
the disaster, the total cost estimate, and the amount obligated:
Provided further, That not later than 10 days after the last day of
each month until a mission assignment or mission assignment task order
described in the preceding proviso is completed and closed out, the
Administrator shall update any changes to the total cost estimate and
the amount obligated: Provided further, That for a disaster declaration
related to Hurricane Harvey, Hurricane Irma, or Hurricane Maria, the
Administrator shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of enactment of
this Act, and shall publish on the Agency's website, not later than 10
days after the first day of each such month, an estimate or actual
amount, if available, for the current fiscal year of the cost of the
following categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any other
relevant category (including emergency measures and disaster
resources): Provided further, That not later than 10 days after the
first day of each month, the Administrator shall publish on the
Agency's website the report (referred to as the Disaster Relief Monthly
Report) as required by Public Law 114-4.
Of the amounts provided in this Act for the Disaster Relief Fund,
up to $4,900,000,000 may be transferred to the Disaster Assistance
Direct Loan Program Account for the cost of direct loans as authorized
under section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184) to be used to assist local
governments in providing essential services as a result of Hurricanes
Harvey, Irma, or Maria: Provided further, That such amounts may
subsidize gross obligations for the principal amount of direct loans
not to exceed $4,900,000,000 under section 417 of the Stafford Act:
Provided further, That notwithstanding section 417 of the Stafford Act,
a territory or possession, and instrumentalities and local governments
thereof, of the United States shall be deemed to be a local government
for purposes of this paragraph: Provided further, That notwithstanding
section 417(b) of the Stafford Act, the amount of any such loan issued
to a territory or possession, and instrumentalities and local
governments thereof, may be based on the projected loss of tax and
other revenues and on projected cash outlays not previously budgeted
for a period not to exceed 180 days from the date of the major
disaster, and may exceed $5,000,000: Provided further, That
notwithstanding any other provision of law or the constitution of a
territory or possession that limits the issuance of debt, a territory
or possession, and instrumentalities and local governments thereof, may
each receive more than one loan with repayment provisions and other
terms specific to the type of lost tax and other revenues and on
projected unbudgeted cash outlays for which the loan is provided:
Provided further, That notwithstanding section 417(c)(1) of the
Stafford Act, loans to a territory or possession, and instrumentalities
and local governments thereof, may be canceled in whole or in part only
at the discretion of the Secretary of Homeland Security in consultation
with the Secretary of the Treasury: Provided further, That
notwithstanding any other provision of law, the Secretary of Homeland
Security, in consultation with the Secretary of the Treasury, shall
determine the terms, conditions, eligible uses, and timing and amount
of Federal disbursements of loans issued to a territory or possession,
and instrumentalities and local governments thereof: Provided further,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That FEMA may transfer up to 1.5
percent of the amount under this paragraph to the Disaster Assistance
Direct Loan Program Account for administrative expenses to carry out
under this paragraph the direct loan program, as authorized by section
417 of the Stafford Act: Provided further, That of the amount provided
under this paragraph for transfer, up to $150,000,000 may be
transferred to the Disaster Assistance Direct Loan Program Account for
the cost to lend a territory or possession of the United States that
portion of assistance for which the territory or possession is
responsible under the cost-sharing provisions of the major disaster
declaration for Hurricanes Irma or Maria, as authorized under section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5162): Provided further, That of the amount provided
under this paragraph for transfer, up to $1,000,000 may be transferred
to the Disaster Assistance Direct Loan Program Account for
administrative expenses to carry out the Advance of Non-Federal Share
program, as authorized by section 319 of the Stafford Act.
The amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE II
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$184,500,000, to remain available through September 30, 2021, for
urgent wildland fire suppression operations: Provided, That such funds
shall be solely available to be transferred to and merged with other
appropriations accounts from which funds were previously transferred
for wildland fire suppression in fiscal year 2017 to fully repay those
amounts: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
flame wildfire suppression reserve fund
(including transfer of funds)
For an additional amount for ``FLAME Wildfire Suppression Reserve
Fund'', $342,000,000, to remain available through September 30, 2021,
for necessary expenses for large wildland fire suppression operations
of the Department of Agriculture and as a reserve fund for suppression
and Federal emergency response activities: Provided, That
notwithstanding the FLAME Act of 2009 (43 U.S.C. 1748a(e)), such funds
shall be solely available to be transferred to and merged with other
appropriations accounts from which funds were previously transferred
for wildland fire suppression in fiscal year 2017 to fully repay those
amounts: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF THE INTERIOR
Department-Wide Programs
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$50,000,000, to remain available until expended, for urgent wildland
fire suppression activities and funds necessary to repay any transfers
needed for these costs: Provided, That such funds may be available to
be transferred to and merged with other appropriations accounts to
fully repay amounts previously transferred for wildland fire
suppression: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE III
GENERAL PROVISIONS
Sec. 301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 302. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 303. The terms and conditions applicable to the funds
provided in this Act, including those provided by this title, shall
also apply to the funds made available in division B of Public Law 115-
56.
Sec. 304. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
Sec. 305. (a)(1) Not later than December 31, 2017, in accordance
with criteria to be established by the Director of the Office of
Management and Budget (referred to in this section as ``OMB''), each
Federal agency shall submit to OMB, the Government Accountability
Office, the respective Inspector General of each agency, and the
Committees on Appropriations of the House of Representatives and the
Senate internal control plans for funds provided by this Act and
division B of Public Law 115-56.
(2) Not later than March 31, 2018, the Government Accountability
Office shall review for the Committees on Appropriations of the House
of Representatives and the Senate the design of the internal control
plans required by paragraph (1).
(b) All programs and activities receiving funds under this Act
shall be deemed to be ``susceptible to significant improper payments''
for purposes of the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note), notwithstanding section 2(a) of such Act.
(c) Funds for grants provided by this Act or division B of Public
Law 115-56 shall be expended by the grantees within the 24-month period
following the agency's obligation of funds for the grant, unless, in
accordance with guidance to be issued by the Director of OMB, the
Director waives this requirement for a particular grant program and
submits a written justification for such waiver to the Committees on
Appropriations of the House of Representatives and the Senate. In the
case of such grants, the agency shall include a term in the grant that
requires the grantee to return to the agency any funds not expended
within the 24-month period.
Sec. 306. (a) The first proviso under the heading ``Department of
Housing and Urban Development--Community Planning and Development--
Community Development Fund'' in division B of Public Law 115-56 is
amended by striking ``State or unit of general local government'' and
inserting ``State, unit of general local government, or Indian tribe
(as such term is defined in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302))''.
(b) Amounts repurposed pursuant to subsection (a) that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of such Act.
Sec. 307. Section 101(a)(7) of division D of Public Law 115-56 is
amended to read as follows:
``(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2017 (division G of Public
Law 115-31), except the language under the heading `FLAME
Wildfire Suppression Reserve Fund' in the Departments of
Agriculture and the Interior.''.
Sec. 308. (a) Notwithstanding sections 1309, 1310, and 1310a of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016-4017a) and section
15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)),
and any borrowing agreement entered into between the Department of the
Treasury and the Federal Emergency Management Agency, of the
indebtedness of the Administrator under any notes or other obligations
issued pursuant to section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) and section 15(e) of the Federal Insurance
Act of 1956 (42 U.S.C. 2414(e)) that is outstanding as of the date of
the enactment of this Act, an amount of $16,000,000,000 is hereby
canceled. To the extent of the amount canceled, the Administrator and
the National Flood Insurance Fund are relieved of all liability to the
Secretary of the Treasury under any such notes or other obligations,
including for any interest due under such notes and any other fees and
charges payable in connection with such notes, and the total amount of
notes and obligations issued by the Administrator pursuant to such
sections shall be considered to be reduced by such amount for the
purposes of the limitation on such total amount under such section
1309(a).
(b) The amount of the indebtedness canceled under subsection (a)
may be treated as public debt of the United States.
(c)(1) This section is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(2) The amount provided in this section is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 309. Notwithstanding section 19(a)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028), not to exceed $1,270,000,000 of
funds made available for the contingency reserve under the heading
``Supplemental Nutrition Assistance Program'' of division A of Public
Law 114-113 shall be available for the Secretary to provide a grant to
the Commonwealth of Puerto Rico for disaster nutrition assistance in
response to the Presidentially declared major disasters and
emergencies: Provided, That funds made available to Puerto Rico under
this section shall remain available for obligation by the Commonwealth
until September 30, 2019, and shall be in addition to funds otherwise
made available: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 310. Notwithstanding section 2208(l)(3) of title 10, United
States Code, during fiscal year 2018, the dollar limitation on advance
billing of a customer of a working-capital fund in such section shall
not apply with respect to the advance billing of the Federal Emergency
Management Agency. In the preceding sentence, the term ``advance
billing'' has the meaning given the term in section 2208(l)(4) of title
10, United States Code.
This Act may be cited as the ``Additional Supplemental
Appropriations for Disaster Relief Requirements Act of 2017''.
<all>
Introduced in House
Introduced in House
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
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