DIVISION A--DISASTER ASSISTANCE
Further Additional Supplemental Appropriations for Disaster Relief Requirements, 2017
This division provides $81 billion in FY2018 emergency appropriations to several federal agencies for disaster assistance related to Hurricanes Harvey, Irma, and Maria; and wildfires that occurred in 2017. (Emergency spending is exempt from discretionary spending limits and other budget enforcement rules.)
DIVISION B--DISASTER RECOVERY REFORM ACT
This division amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the Federal Emergency Management Agency disaster response and recovery programs.
DIVISION C--OTHER MATTERS
This division amends the Agricultural Act of 2014 to designate cottonseed as a covered commodity beginning with the 2018 crop year. (Producers of covered commodities are eligible for Department of Agriculture [USDA] price and income support programs such as the Price Loss Coverage program.)
It also amends the Federal Crop Insurance Act to remove the $20 million cap on annual expenditures for livestock producers under the federal crop insurance program.
The bill requires all states to participate in USDA's National Accuracy Clearinghouse, which is a database for states to use to prevent Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) participants from receiving duplicative benefits in multiple states. (The clearinghouse is currently a pilot program with five participating states.)
DIVISION D--BUDGETARY EFFECTS
This division exempts the budgetary effects of division B and each succeeding division of this bill from Pay-As-You-Go (PAYGO) and other budget enforcement rules.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4667 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4667
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.
_______________________________________________________________________
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
jurisdiction 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 Representatives of the
United States of America in Congress assembled,
DIVISION A--DISASTER ASSISTANCE
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For an additional amount for the ``Office of the Secretary'',
$2,600,000,000, which shall remain available until September 30, 2019,
for necessary expenses related to crops, trees, bushes, vines, and
livestock losses resulting from Hurricanes Harvey, Irma, Maria, and
other hurricanes and wildfires occurring in calendar year 2017 under
such terms and conditions as determined by the Secretary: Provided,
That the Secretary may provide assistance for such losses in the form
of block grants to eligible states and territories: Provided further,
That the total amount of payments received under this heading and
applicable policies of crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance
Program (NAP) under section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 85 percent of
the loss as determined by the Secretary: Provided further, That the
total amount of payments received under this heading for producers who
did not obtain a policy or plan of insurance for an insurable commodity
for the 2017 crop year, or 2018 crop year in the case of citrus, under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop
incurring the losses or did not file the required paperwork and pay the
service fee by the applicable State filing deadline for a noninsurable
commodity for the 2017 crop year under NAP for the crop incurring the
losses shall not exceed 65 percent of the loss as determined by the
Secretary: Provided further, That producers receiving payments under
this heading, as determined by the Secretary, shall be required to
purchase crop insurance where crop insurance is available for the next
two available crop years, and producers receiving payments under this
heading shall be required to purchase coverage under NAP where crop
insurance is not available in the next two available crop years, as
determined by the Secretary: Provided further, That, not later than 90
days after the end of fiscal year 2018, the Secretary shall submit a
report to the Congress specifying the type, amount, and method of such
assistance by state and territory and the status of the amounts
obligated and plans for further expenditure and include improvements
that can be made to Federal Crop Insurance policies, either
administratively or legislatively, to increase participation,
particularly among underserved producers, in higher levels of coverage
in future years for crops qualifying for assistance under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$2,500,000, to remain available until expended, for oversight and audit
of programs, grants, and activities funded by this division and
administered by the Department of Agriculture: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$22,000,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma and Maria:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Farm Service Agency
emergency conservation program
For an additional amount for the ``Emergency Conservation Program''
for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria and of wildfires occurring in calendar year
2017, and other natural disasters, $400,000,000, to remain available
until expended: Provided, That not less than $300,000,000 of the amount
made available in the previous proviso shall be for necessary expenses
resulting from a major disaster declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): 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.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount, for ``Watershed and Flood Prevention
Operations'', for necessary expenses for the Emergency Watershed
Protection Program related to the consequences of Hurricanes Harvey,
Irma, and Maria and of wildfires occurring in calendar year 2017, and
other natural disasters, $541,000,000, to remain available until
expended: Provided, That not less than $400,000,000 of the amount made
available in the previous proviso shall be for necessary expenses
resulting from a major disaster declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): 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.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing insurance fund program account
For an additional amount for costs of direct loans, including costs
relating to modification of such loans, as those terms are defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a),
$18,672,000 shall be for direct loans for the rehabilitation of section
515 rental housing (42 U.S.C. 1485) in locations where owners were not
required to carry national flood insurance, to remain available until
September 30, 2019: Provided, That such funds shall be for areas
impacted by Hurricanes Harvey, Irma, and Maria: 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.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for the ``Rural Water and Waste Disposal
Program Account'', $165,475,000, to remain available until expended,
for grants to repair drinking water systems and sewer and solid waste
disposal systems impacted by Hurricanes Harvey, Irma, and Maria:
Provided, That not to exceed $2,000,000 of the amount appropriated
under this heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of the
Consolidated Farm and Rural Development Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Food and Nutrition Service
commodity assistance program
For an additional amount for ``Commodity Assistance Program'' for
the emergency food assistance program as authorized by section 27(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(a)(1)), $24,000,000, to remain available until September 30, 2019:
Provided, That notwithstanding any other provisions of the Emergency
Food Assistance Act of 1983, the Secretary of Agriculture may allocate
additional foods and funds for administrative expenses from resources
specifically appropriated, transferred, or reprogrammed to provide
resources to Puerto Rico, the United States Virgin Islands, and States
affected by wildfires occurring in calendar year 2017 or Hurricanes
Harvey, Irma, and Maria, as determined by the Secretary, without regard
to sections 204 and 214 of such Act (7 U.S.C. 7508, 7515): Provided
further, That such funds will be designated for States impacted by
Hurricanes Harvey, Irma, and Maria, or wildfire and subject to a
federal major disaster or emergency declaration: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
buildings and facilities
(including transfer of funds)
For an additional amount for ``Buildings and Facilities'',
$7,600,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount may be transferred to ``Department of Health
and Human Services--Food and Drug Administration Salaries and
Expenses'' for costs related to repair of facilities, for replacement
of equipment, and for other increases in facility-related costs:
Provided further, That obligations incurred for the purposes provided
herein prior to the date of enactment of this Act may be charged to
funds appropriated by this paragraph: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 101. (a) Section 1501(d)(1) of the Agricultural Act of 2014 (7
U.S.C. 9081(d)(1)) is amended by striking ``not more than $20,000,000''
and inserting ``not more than $40,000,000''.
(b) The amount provided by subsection (a) for fiscal year 2018 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary expenses
related to flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major disaster
designation as a result of Hurricanes Harvey, Irma, and Maria, and the
calendar year 2017 wildfires, under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$600,000,000, to remain available until expended: Provided, That 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:
Provided further, That within the amount appropriated, up to 2 percent
of funds may be transferred to the ``Salaries and Expenses'' account
for administration and oversight activities: Provided further, That
within the amount appropriated, $1,000,000 shall be transferred to the
``Office of Inspector General'' account for carrying out investigations
and audits related to the funding provided under this heading.
National Oceanic And Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $120,904,000, to remain available
until September 30, 2019, as follows: (1) $12,904,000 for repair and
replacement of observing assets, Federal real property, and equipment;
(2) $18,000,000 for marine debris assessment and removal; (3)
$40,000,000 for mapping, charting, and geodesy services; and (4)
$50,000,000 to improve weather forecasting, hurricane intensity
forecasting and flood forecasting and mitigation capabilities,
including data assimilation from ocean observing platforms and
satellites: Provided, That 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.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $79,232,000, to remain available
until September 30, 2020, as follows: (1) $29,232,000 for repair and
replacement of Federal real property and observing assets; and (2)
$50,000,000 for improvements to operational and research weather
supercomputing infrastructure and for improvement of satellite ground
services used in hurricane intensity and track prediction: Provided,
That 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.
DEPARTMENT OF JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $2,500,000: Provided, That 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.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $21,200,000: Provided, That 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.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $11,500,000: Provided, That 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.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $16,000,000: Provided, That 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.
buildings and facilities
For an additional amount for ``Buildings and Facilities'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $34,000,000, to remain available until expended:
Provided, That 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.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repairs at National Aeronautics and
Space Administration facilities damaged by hurricanes during 2017,
$81,300,000, to remain available until expended: Provided, That 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.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities''
for necessary expenses to repair National Science Foundation radio
observatory facilities damaged by hurricanes that occurred during 2017,
$16,300,000, to remain available until expended: Provided, That 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:
Provided further, That the National Science Foundation shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date of
enactment of this Act.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria, $1,000,000:
Provided, That the amount made available under this heading shall be
used only to provide the mobile resources, technology, and disaster
coordinators necessary to provide storm-related services to the Legal
Services Corporation client population and only in the areas
significantly affected by Hurricanes Harvey, Irma, and Maria: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds appropriated in this division to the
Legal Services Corporation shall be expended for any purpose prohibited
or limited by, or contrary to any of the provisions of, sections 501,
502, 503, 504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this division to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such sections,
except that all references in sections 502 and 503 to 1997 and 1998
shall be deemed to refer instead to 2017 and 2018, respectively, and
except that sections 501 and 503 of Public Law 104-134 (referenced by
Public Law 105-119) shall not apply to the amount made available under
this heading: Provided further, That, for the purposes of this
division, the Legal Services Corporation shall be considered an agency
of the United States Government.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
operation and maintenance, army
For an additional amount for ``Operation and Maintenance, Army'',
$20,110,000, to remain available until September 30, 2018, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, navy
For an additional amount for ``Operation and Maintenance, Navy'',
$267,796,000, to remain available until September 30, 2018, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, marine corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $17,920,000, to remain available until September 30, 2018, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance, Air
Force'', $20,916,000, to remain available until September 30, 2018, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,650,000, to remain available until September 30, 2018, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, army reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $12,500,000, to remain available until September 30, 2018,
for necessary expenses related to the consequences of Hurricanes
Harvey, Irma or Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, navy reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $2,922,000, to remain available until September 30, 2018,
for necessary expenses related to the consequences of Hurricanes
Harvey, Irma or Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, air force reserve
For an additional amount for ``Operation and Maintenance, Air
Force Reserve'', $5,770,000, to remain available until September 30,
2018, for necessary expenses related to the consequences of Hurricanes
Harvey, Irma or Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance, army national guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $55,471,000, to remain available until September 30,
2018, for necessary expenses related to the consequences of Hurricanes
Harvey, Irma or Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
other procurement, navy
For an additional amount for ``Other Procurement, Navy''
$18,000,000, to remain available until September 30, 2020, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma or Maria: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Revolving and Management Funds
defense working capital funds
For an additional amount for ``Defense Working Capital Funds'' for
the Navy Working Capital Fund, $9,486,000, to remain available until
September 30, 2018, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma or Maria: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Department of Defense Programs
defense health program
For an additional amount for operation and maintenance for
``Defense Health Program'', $704,000, to remain available until
September 30, 2018, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma or Maria: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $75,000,000, to remain available until expended to expedite and
complete at full Federal expense studies, including Preconstruction
Engineering and Design, for flood and storm damage reduction, including
shore protection, in areas that were affected by Hurricanes Harvey,
Irma, or Maria: Provided, That the Secretary may use funding provided
under this heading to complete ongoing studies, to initiate and
complete up to two authorized studies for assessing regional flood and
storm risks, and to initiate and complete up to six authorized
feasibility studies: Provided further, That the Secretary shall
consider giving priority to studies in areas that suffered the most
damage from these hurricanes and to studies in areas that have had
multiple major disaster declarations in recent years: Provided further,
That a report identifying all ongoing studies, authorized studies for
assessing regional flood and storm risks in the impacted areas, and
authorized feasibility studies eligible for funding under this heading,
including identification of whether each study is in a category to be
considered for priority, shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 30 days after the date of enactment of this Act: Provided further,
That no allocation shall be made to initiate any new study until the
Secretary submits to the Committees on Appropriations of the House of
Representatives and the Senate a list of all new studies selected to be
initiated using funds provided under this heading: Provided further,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That
beginning not later than 60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for Civil Works shall provide
monthly reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of natural disasters, including
Hurricanes Harvey, Irma, and Maria, $10,480,000,000, to remain
available until expended to rehabilitate, repair, and construct United
States Army Corps of Engineers projects: Provided, That $55,000,000 of
the funds provided under this heading shall be used to address
emergency situations at Corps of Engineers projects, and to
rehabilitate and repair damages to Corps of Engineers projects, caused
by natural disasters: Provided further, That $10,425,000,000 of the
funds provided under this heading shall be used to expedite
construction of projects for flood and storm damage reduction,
including shore protection, in areas that were affected by Hurricanes
Harvey, Irma, or Maria: Provided further, That the Secretary shall
consider giving priority to projects located in areas that suffered the
most damage from these hurricanes and to projects located in areas that
have had multiple major disaster declarations in recent years: Provided
further, That funding utilized for authorized shore protection projects
shall restore such projects from the design level of protection to the
full project profile at full Federal expense: Provided further, That
the completion of ongoing construction projects receiving funds
provided under this heading shall be at full Federal expense with
respect to such funds: Provided further, That upon approval of the
Committees on Appropriations of the House of Representatives and the
Senate funds provided under this heading may be used to construct any
project studied using funds provided under the heading
``Investigations'' or any project with a completed Chief's Report that
has not yet been authorized if the Secretary determines that the
project is technically feasible, economically justified, and
environmentally acceptable: Provided further, That, using these funds,
the non-Federal cash contribution for authorized but unconstructed
projects, projects with completed Chief's Reports that have not yet
been authorized, or projects that are funded as ongoing studies under
the heading ``Investigations'' shall be financed in accordance with the
provisions of section 103(k) of Public Law 99-662 over a period of 30
years from the date of completion of the project or separable element:
Provided further, That a report identifying all ongoing construction
projects, authorized but unconstructed projects, and projects with
completed Chief's Reports that have not yet been authorized, including
project cost estimates and identification of whether each project is in
a category to be considered for priority, shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 45 days after the date of enactment of this Act:
Provided further, That not more than $500,000,000 of the funds provided
to expedite construction shall be available until such report is
submitted: Provided further, That for projects funded under this
heading, the provisions of section 902 of the Water Resources
Development Act of 1986 shall not apply to these funds: Provided
further, That up to $50,000,000 of the funds provided to expedite
construction shall be used to expedite continuing authorities projects
to reduce the risk of flooding and storm damage in areas impacted by
Hurricanes Harvey, Irma, or Maria: Provided further, That any projects
using funds appropriated under this heading shall be initiated only
after non-Federal interests have entered into binding agreements with
the Secretary requiring the non-Federal interests to pay 100 percent of
the operation, maintenance, repair, replacement, and rehabilitation
costs of the project and to hold and save the United States free from
damages due to the construction or operation and maintenance of the
project, except for damages due to the fault or negligence of the
United States or its contractors: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That beginning not later than 60
days after the date of enactment of this Act, the Assistant Secretary
of the Army for Civil Works shall provide monthly reports to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries'',
$370,000,000, to remain available until expended, for necessary
expenses to dredge navigation projects in response to, and repair
damages to Corps of Engineers projects caused by, natural disasters:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That beginning not later than 60 days after the date of
enactment of this Act, the Assistant Secretary of the Army for Civil
Works shall provide monthly reports to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge navigation projects in response to, and
repair damages to Corps of Engineers projects caused by, natural
disasters, $608,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund: Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That beginning not later than 60 days after the date of
enactment of this Act, the Assistant Secretary of the Army for Civil
Works shall provide monthly reports to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane and other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters, as
authorized by law, $537,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That beginning not later than 60 days after the date of
enactment of this Act, the Assistant Secretary of the Army for Civil
Works shall provide monthly reports to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds.
expenses
For an additional amount for ``Expenses'' for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria,
$20,000,000, to remain available until expended to oversee emergency
response and recovery activities: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That beginning
not later than 60 days after the date of enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity Delivery and Energy Reliability
For an additional amount for ``Electricity Delivery and Energy
Reliability'', $13,000,000, to remain available until expended, for
necessary expenses related to natural disasters, including technical
assistance related to electric grids: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Strategic Petroleum Reserve
For an additional amount for ``Strategic Petroleum Reserve'',
$8,716,000, to remain available until expended, for necessary expenses
related to damages caused by natural disasters: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 401. In fiscal year 2018 and each fiscal year thereafter, the
Chief of Engineers of the U.S. Army Corps of Engineers shall transmit
to the Congress, after reasonable opportunity for comment, but without
change, by the Assistant Secretary of the Army for Civil Works, a
monthly report, the first of which shall be transmitted to Congress not
later than 2 days after the date of enactment of this Act and monthly
thereafter, which includes detailed estimates of damages to each Corps
of Engineers project, caused by natural disasters or otherwise.
TITLE V
General Services Administration
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $126,951,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricanes Harvey, Maria, and
Irma, for repair and alteration of buildings under the custody and
control of the Administrator of General Services, and real property
management and related activities not otherwise provided for: Provided,
That funds may be used to reimburse the ``Federal Buildings Fund'' for
obligations incurred for this purpose prior to enactment of this Act:
Provided further, That not more than $15,000,000 shall be available for
tenant improvements in damaged U.S. courthouses: 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.
Small Business Administration
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Small Business Administration--
Disaster Loans Program Account'' for the cost of direct loans
authorized by section 7(b) of the Small Business Act, $1,652,000,000,
to remain available until expended: Provided, That up to $618,000,000
may be transferred to and merged with ``Salaries and Expenses'' for
administrative expenses to carry out the disaster loan program
authorized by section 7(b) of the Small Business Act: Provided further,
That none of the funds provided under this heading may be used for
indirect administrative expenses: Provided further, That 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.
Office of Inspector General
For an additional amount for the ``Small Business Administration--
Office of Inspector General'', $7,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $25,000,000, to remain available until September 30,
2020, for audits and investigations of activities funded by this title:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $104,494,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That not more than $39,400,000 may be used to carry
out U.S. Customs and Border Protection activities in fiscal year 2018
in Puerto Rico and the United States Virgin Islands, in addition to any
other amounts available for such purposes.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $3,000,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That funds are provided to carry out
U.S. Customs and Border Protection activities in Puerto Rico and the
United States Virgin Islands, in addition to any other amounts
available for such purposes.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $30,905,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $33,052,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Transportation Security Administration
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $10,322,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $112,136,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
environmental compliance and restoration
For an additional amount for ``Environmental Compliance and
Restoration'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $4,038,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
acquisition, construction, and improvements
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, Maria, and Matthew, $718,919,000, to remain
available until September 30, 2022: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses, $58,800,000, to remain available until September
30, 2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses, $1,200,000, to remain available
until September 30, 2020: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
disaster relief fund
(including transfer 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.), $27,500,000,000,
to remain available until expended: 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 or 428 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172 or 5189f)
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 Hurricanes Harvey, Irma, or 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 under this heading for the Disaster Relief
Fund, up to $4,000,000,000 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 $4,000,000,000 under section 417 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184):
Provided further, That notwithstanding section 417 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184),
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 Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184(b)), 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 Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5184(c)(1)), loans to a territory or possession, and instrumentalities
and local governments thereof, may be cancelled 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 the Federal Emergency Management
Agency 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 Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184): 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 Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162):
Provided further, That 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.
Federal Law Enforcement Training Centers
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $5,374,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $5,000,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. The Administrator of the Federal Emergency Management
Agency may provide assistance, pursuant to section 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), for critical services as defined in section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act for the
duration of the recovery for incidents DR-4336-PR, DR-4339-PR, DR-4340-
USVI, and DR-4335-USVI to--
(1) replace or restore the function of a facility or system
to industry standards without regard to the pre-disaster
condition of the facility or system; and
(2) replace or restore components of the facility or system
not damaged by the disaster where necessary to fully effectuate
the replacement or restoration of disaster-damaged components
to restore the function of the facility or system to industry
standards.
Sec. 602. (a) The Federal share of assistance, including direct
Federal assistance, provided under section 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173),
with respect to a major disaster declared pursuant to such Act for
damages resulting from a wildfire in calendar year 2017, shall be 90
percent of the eligible costs under such section.
(b) The Federal share provided by subsection (a) shall apply to
assistance provided before, on, or after the date of enactment of this
Act.
TITLE VII
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $210,629,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation Fund'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $17,500,000, to remain available until September 30,
2019, including costs to States necessary to complete compliance
activities required by section 306108 of title 54, United States Code
(formerly section 106 of the National Historic Preservation Act), and
costs needed to administer the program: Provided, That grants shall
only be available for areas that have received a major disaster
declaration pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further,
That individual grants shall not be subject to a non-Federal matching
requirement: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $207,600,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, and in those areas impacted by a
major disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with
respect to wildfires in 2017, $42,246,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Offices
Insular Affairs
assistance to territories
For an additional amount for ``Technical Assistance'' for financial
management expenses related to the consequences of Hurricanes Irma and
Maria, $3,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $2,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
ENVIRONMENTAL PROTECTION AGENCY
Hazardous Substance Superfund
For an additional amount for ``Hazardous Substance Superfund'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $6,200,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Leaking Underground Storage Tank Fund
For an additional amount for ``Leaking Underground Storage Tank
Fund'' for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $7,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
state and private forestry
For an additional amount for ``State and Private Forestry'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $7,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $20,652,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, and the 2017 fire season,
$91,600,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 701. Agencies receiving funds appropriated by this title
shall each provide a monthly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds by account, beginning not later than 90
days after enactment of this Act.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfers of funds)
For an additional amount for ``Training and Employment Services'',
$30,000,000, for the dislocated workers assistance national reserve for
necessary expenses directly related to the consequences of Hurricanes
Harvey, Maria, and Irma or the calendar year 2017 wildfires with major
disaster or emergency declarations under titles IV or V of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act in calendar
year 2017, which shall remain available until September 30, 2019:
Provided, That these sums may be used to replace grant funds previously
obligated to the impacted areas: 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.
job corps
For an additional amount for ``Job Corps'' for construction,
rehabilitation and acquisition for Job Corps Centers in Puerto Rico,
$30,900,000, which shall be available through June 30, 2021: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $200,000,000, to remain available until expended, for
response, recovery, preparation, mitigation, and other expenses
directly related to the consequences of Hurricanes Harvey, Irma, or
Maria: Provided, That obligations incurred for the purposes provided
herein prior to the date of enactment of this Act may be charged to
funds appropriated by this paragraph: Provided further, That of the
amount provided, not less than $6,000,000 shall be transferred to the
``Buildings and Facilities'' account for the purposes provided herein:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $177,000,000, to remain available until
expended, for response, recovery, preparation, mitigation and other
expenses directly related to the consequences of Hurricanes Harvey,
Irma, or Maria, including activities authorized under section 319(a) of
the Public Health Service Act (referred to in this title as the ``PHS
Act''): Provided, That $60,000,000 shall be transferred to ``Health
Resources and Services Administration--Primary Health Care'', for
expenses related to the consequences of Hurricanes Harvey, Irma, or
Maria for disaster response and recovery, for the Health Centers
Program under section 330 of the PHS Act: Provided further, That not
less than $50,000,000, of amounts transferred under the preceding
proviso, shall be available for alteration, renovation, construction,
equipment, and other capital improvement costs as necessary to meet the
needs of areas affected by Hurricanes Harvey, Irma, or Maria: Provided
further, That the time limitation in section 330(e)(3) of the PHS Act
shall not apply to funds made available under the preceding proviso:
Provided further, That not less than $20,000,000 shall be transferred
to ``Substance Abuse and Mental Health Services Administration--Health
Surveillance and Program Support'' for grants, contracts, and
cooperative agreements for behavioral health treatment, crisis
counseling, and other related helplines, and for other similar programs
to provide support to individuals impacted by Hurricanes Harvey, Irma,
or Maria: Provided further, That up to $2,000,000 shall be transferred
to ``Office of the Secretary--Office of Inspector General'' for
oversight of activities responding to such hurricanes: Provided
further, That obligations incurred for the purposes provided herein
prior to the date of enactment of this Act may be charged to funds
appropriated under this heading: Provided further, That of the funds
appropriated in this paragraph, $15,000,000 shall be transferred to the
``National Institutes of Health--Office of the Director'' for the
purposes provided in this paragraph: Provided further, That funds
transferred to the National Institutes of Health for the purpose of
supporting the repair or rebuilding of non-Federal biomedical or
behavioral research facilities damaged as a result of Hurricanes
Harvey, Irma, or Maria shall be used to award grants or contracts for
such purpose under section 404I of the Public Health Service Act:
Provided further, That section 404I(c)(2) of such Act does not apply to
the use of funds described in the preceding proviso: Provided further,
That funds appropriated in this paragraph shall not be available for
costs that are reimbursed by the Federal Emergency Management Agency,
under a contract for insurance, or by self-insurance: Provided further,
That such additional 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.
Administration for Children and Families
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $650,000,000, to remain available until September 30, 2021,
for Head Start programs, for necessary expenses directly related to the
consequences of Hurricanes Harvey, Irma, or Maria, including making
payments under the Head Start Act: Provided, That none of the funds
appropriated in this paragraph shall be included in the calculation of
the ``base grant'' in subsequent fiscal years, as such term is defined
in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start
Act: Provided further, That funds appropriated in this paragraph are
not subject to the allocation requirements of section 640(a) of the
Head Start Act: Provided further, That funds appropriated in this
paragraph shall not be available for costs that are reimbursed by the
Federal Emergency Management Agency, under a contract for insurance, or
by self-insurance: Provided further, That up to $10,000,000 shall be
available for Federal administrative expenses: Provided further, That
obligations incurred for the purposes provided herein prior to the date
of enactment of this Act may be charged to funds appropriated under
this heading: Provided further, That such additional amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF EDUCATION
Hurricane Education Recovery
(including transfer of funds)
For an additional amount for ``Hurricane Education Recovery'' for
assisting in meeting the educational needs of individuals affected by
Hurricanes Harvey, Irma, or Maria, or calendar year 2017 wildfires for
which the President declared a major disaster or emergency under
section 401 or 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191) (referred to
herein as a ``covered disaster or emergency''), $2,900,000,000, to
remain available through September 30, 2021: Provided, That such
additional amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That--
(1) such funds shall be used--
(A) to make awards, which shall be available until
expended, to eligible entities for immediate aid to
restart school operations, in accordance with paragraph
(2);
(B) for temporary emergency impact aid for
displaced students, in accordance with paragraph (2);
(C) for emergency assistance to institutions of
higher education and students attending institutions of
higher education in an area directly affected by a
covered disaster or emergency in accordance with
paragraph (3);
(D) for payments to institutions of higher
education to help defray the unexpected expenses
associated with enrolling displaced students from
institutions of higher education directly affected by a
covered disaster or emergency, in accordance with
paragraph (4); and
(E) to provide assistance to local educational
agencies serving homeless children and youth in
accordance with paragraph (5);
(2) immediate aid to restart school operations and
temporary emergency impact aid for displaced students described
in subparagraphs (A) and (B) of paragraph (1) shall be provided
under the statutory terms and conditions that applied to
assistance under sections 102 and 107 of title IV of division B
of Public Law 109-148, respectively, including the
nondiscrimination provisions under section 107(m), except that
such sections shall be applied so that--
(A) each reference to a major disaster declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) shall be to a major disaster or emergency
declared by the President in accordance with section
401 or 501, respectively, of such Act;
(B) each reference to Hurricane Katrina or
Hurricane Rita shall be a reference to a covered
disaster or emergency;
(C) each reference to August 22, 2005, when used in
relation to a covered disaster or emergency, shall be
to the date that is one week prior to the date on which
the major disaster or emergency was declared for the
area;
(D) each reference to the States of Louisiana,
Mississippi, Alabama, and Texas shall be to the States
or territories affected by a covered disaster or
emergency, and each reference to the State educational
agencies of Louisiana, Mississippi, Alabama, or Texas
shall be a reference to the State educational agencies
that serve the states or territories affected by a
covered disaster or emergency;
(E) each reference to the 2005-2006 school year
shall be to the 2017-2018 school year;
(F) the references in section 102(h)(1) of title IV
of division B of Public Law 109-148 to the number of
non-public elementary schools and secondary schools in
the State shall be to the number of students in non-
public elementary schools and secondary schools in the
State, and the reference in such section to the 2003-
2004 school year shall be to the most recent data set
for the 2016-2017 school year;
(G) in determining the amount of immediate aid
provided to restart school operations as described in
section 102(b) of title IV of division B of Public Law
109-148, the Secretary shall consider the number of
students enrolled, during the 2016-2017 school year, in
elementary schools and secondary schools that were
closed as a result of a covered disaster or emergency;
(H) in determining the amount of emergency impact
aid that a State educational agency is eligible to
receive under paragraph (1)(B), the Secretary shall,
subject to section 107(d)(1)(B) of such title,
provide--
(i) $9,000 for each displaced student who
is an English learner, as that term is defined
in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(ii) $10,000 for each displaced student who
is a child with disability (regardless of
whether the child is an English learner); and
(iii) $8,500 for each displaced student who
is not a child with a disability or an English
learner; and
(I) with respect to the emergency impact aid
provided under paragraph (1)(B), the Secretary may
modify the State educational agency and local
educational agency application timelines in section
107(c) of such title;
(3) up to $200,000,000 of the funds made available under
this heading shall be for programs authorized under subpart 3
of part A and part C of title IV and part B of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq., 1138
et seq.) for institutions located in an area affected by a
covered disaster or emergency, and students enrolled in such
institutions, except that--
(A) any requirements relating to matching, Federal
share, reservation of funds, or maintenance of effort
under such parts that would otherwise be applicable to
that assistance shall not apply;
(B) such assistance may be used for student
financial assistance;
(C) such assistance may also be used for faculty
and staff salaries, equipment, student supplies and
instruments, or any purpose authorized under the Higher
Education Act of 1965, by institutions of higher
education that are located in areas affected by a
covered disaster or emergency; and
(D) the Secretary shall prioritize, to the extent
possible, students who are homeless or at risk of
becoming homeless as a result of displacement, and
institutions that have sustained extensive damage, by a
covered disaster or emergency;
(4) up to $120,000,000 of the funds made available under
this heading shall be for payments to institutions of higher
education to help defray the unexpected expenses associated
with enrolling displaced students from institutions of higher
education at which operations have been disrupted by a covered
disaster or emergency, in accordance with criteria established
by the Secretary and made publicly available;
(5) $25,000,000 of the funds made available under this
heading shall be available to provide assistance to local
educational agencies serving homeless children and youths
displaced by a covered disaster or emergency, consistent with
section 723 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431-11435) and with section 106 of title IV of
division B of Public Law 109-148, except that funds shall be
disbursed based on demonstrated need and the number of homeless
children and youth enrolled as a result of displacement by a
covered disaster or emergency;
(6) section 437 of the General Education Provisions Act (20
U.S.C. 1232) and section 553 of title 5, United States Code,
shall not apply to activities under this heading;
(7) $4,000,000 of the funds made available under this
heading, to remain available through September 30, 2021, shall
be transferred to the Office of the Inspector General of the
Department of Education for oversight of activities supported
with funds appropriated under this heading, and up to
$3,000,000 of the funds made available under this heading, to
remain available through September 30, 2019, shall be for
program administration;
(8) up to $35,000,000 of the funds made available under
this heading shall be to carry out activities authorized under
section 4631(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7281(b)); and
(9) the Secretary may waive, modify, or provide extensions
for certain requirements of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) for affected individuals, affected
students, and affected institutions in covered disaster or
emergency areas in the same manner as the Secretary was
authorized to waive, modify, or provide extensions for certain
requirements of such Act under provisions of subtitle B of
title IV of division B of Public Law 109-148 for affected
individuals, affected students, and affected institutions in
areas affected by Hurricane Katrina and Hurricane Rita, except
that the cost associated with any action taken by the Secretary
under this paragraph is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 801. (a) Notwithstanding section 133(b)(4) of the Workforce
Innovation and Opportunity Act, in States, as defined by section 3(56)
of such Act, affected by Hurricanes Harvey, Irma, and Maria, a local
board, as defined by section 3(33) of such Act, in a local area, as
defined by section 3(32) of such Act, affected by such Hurricanes may
transfer, if such transfer is approved by the Governor, up to 100
percent of the funds allocated to the local area for Program Years 2016
and 2017 for Youth Workforce Investment activities under paragraphs (2)
or (3) of section 128(b) of such Act, for Adult employment and training
activities under paragraphs (2)(A) or (3) of section 133(b) of such
Act, or for Dislocated Worker employment and training activities under
paragraph (2)(B) of section 133(b) of such Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities;
and
(3) youth workforce investment activities.
(b) Except for the funds reserved to carry out required statewide
activities under sections 127(b) and 134(a)(2) of the Workforce
Innovation and Opportunity Act, the Governor of the United States
Virgin Islands may authorize the transfer of up to 100 percent of the
remaining funds provided to the United States Virgin Islands for
Program Years 2016 and 2017 for Youth Workforce Investment activities
under section 127(b)(1)(B) of such Act, for Adult employment and
training activities under section 132(b)(1)(A) of such Act, or for
Dislocated Worker employment and training activities under section
133(b)(2)(A)) of such Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities; and
(3) youth workforce investment activities.
Sec. 802. Funds appropriated by this title may be transferred to,
and merged with, other appropriation accounts under the headings
``Centers for Disease Control and Prevention'' and ``Public Health and
Social Services Emergency Fund'' for the purposes specified in this
title following consultation with the Office of Management and Budget:
Provided, That the Committees on Appropriations in the House of
Representatives and the Senate shall be notified 10 days in advance of
any such transfer: Provided further, That, upon a determination that
all or part of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that appropriation:
Provided further, That none of the funds made available by this title
may be transferred pursuant to the authority in section 205 of division
H of Public Law 115-31 or section 241(a) of the PHS Act.
Sec. 803. (a) As the Secretary of Health and Human Services
determines necessary to respond to a critical hiring need for emergency
response positions, after providing public notice and without regard to
the provisions of sections 3309 through 3319 of title 5, United States
Code, the Secretary may appoint candidates directly to the following
positions to perform critical work directly relating to the
consequences of Hurricanes Harvey, Irma, or Maria:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of the PHS
Act (42 U.S.C. 300hh-11).
(2) Term or temporary appointments at the Centers for
Disease Control and Prevention and the Office of the Assistant
Secretary for Preparedness and Response.
(b) The authority under subsection (a) shall expire 270 days after
the date of enactment of this section.
Sec. 804. Notwithstanding any other provision of law, the interest
payment of the United States Virgin Islands that was due under section
1202(b)(1) of the Social Security Act on September 29, 2017, shall not
be due until September 28, 2018, and no interest shall accrue on such
amount through September 28, 2018.
Sec. 805. Agencies receiving funds appropriated by this title
shall each provide a monthly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds by account, beginning not later than 90
days after enactment of this Act.
TITLE IX
Government Accountability Office
salaries and expenses
For an additional amount for the Government Accountability Office
for ``Salaries and Expenses'', $14,000,000, to remain available until
expended, for audits and investigations relating to Hurricanes Harvey,
Irma, and Maria and the calendar year 2017 wildfires: Provided, That
not later than 180 days after the date of enactment of this Act, GAO
shall submit to Congress a report describing the United States Virgin
Island's economic and disaster recovery plan that defines the
priorities, goals, and expected outcomes of the recovery effort based
on damage assessments prepared pursuant to Federal law: Provided
further, That GAO shall report on the internal control plans that are
in place to provide oversight of Federal disaster funds to be used in
recovery activities in the United States Virgin Islands, identify any
deficiencies in such plans, and provide recommendations to address
noted deficiencies: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE X
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $201,636,000, to remain available until September 30,
2022, for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That none of the funds made
available to the Navy and Marine Corps for recovery efforts related to
Hurricanes Harvey, Irma, and Maria in this division shall be available
for obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each specific
request: Provided further, That, not later than 60 days after enactment
of this Act, the Secretary of the Navy, or his designee, shall submit
to the Committees on Appropriations of House of Representatives and the
Senate a detailed expenditure plan for funds provided under this
heading: Provided further, That such funds may be obligated or expended
for planning and design and military construction projects not
otherwise authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $519,345,000, to remain available until September 30, 2022,
for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That none of the funds made
available to the Army National Guard for recovery efforts related to
Hurricanes Harvey, Irma, and Maria in this division shall be available
for obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each specific
request: Provided further, That, not later than 60 days after enactment
of this Act, the Director of the Army National Guard, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading: Provided further, That such funds may be
obligated or expended for planning and design and military construction
projects not otherwise authorized by law: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Medical Services
For an additional amount for ``Medical Services'', $11,075,000, to
remain available until September 30, 2019, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Medical Support and Compliance
For an additional amount for ``Medical Support and Compliance'',
$3,209,000, to remain available until September 30, 2019, for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Medical Facilities
For an additional amount for ``Medical Facilities'', $75,108,000,
to remain available until September 30, 2022, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That none of these funds shall be available for obligation
until the Secretary of Veterans Affairs submits to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds provided under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
Construction, Minor Projects
For an additional amount for ``Construction, Minor Projects'',
$4,088,000, to remain available until September 30, 2022, for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 1001. Notwithstanding section 18236(b) of title 10, United
States Code, the Secretary of Defense shall contribute to Puerto Rico
100 percent of the total cost of construction (including the cost of
architectural, engineering and design services) for the acquisition,
construction, expansion, rehabilitation, or conversion of the Arroyo
readiness center under paragraph (5) of section 18233(a) of title 10,
United States Code.
TITLE XI
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
(airport and airway trust fund)
For an additional amount for ``Operations'', $35,000,000, to be
derived from the Airport and Airway Trust Fund and to remain available
until expended, for necessary expenses related to the consequences of
hurricanes occurring in calendar year 2017: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and Equipment'',
$79,589,000, to be derived from the Airport and Airway Trust Fund and
to remain available until expended, for necessary expenses related to
the consequences of hurricanes occurring in calendar year 2017:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$1,374,000,000, to remain available until expended: Provided, That
notwithstanding section 125(d)(4) of title 23, United States Code, no
limitation on the total obligations for projects under section 125 of
such title shall apply to the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands
for fiscal year 2018 and fiscal year 2019: Provided further, That
notwithstanding section 120(i)(1) of title 23, United States Code, for
fiscal year 2018 and each fiscal year thereafter, Puerto Rico may use
toll credits toward the non-Federal share requirement for emergency
relief funds made available under section 125 of such title to respond
to damage caused by Hurricanes Irma and Maria: Provided further, That
such amounts are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Transit Administration
public transportation emergency relief program
For the ``Public Transportation Emergency Relief Program'' as
authorized under section 5324 of title 49, United States Code,
$269,000,000 to remain available until expended, for transit systems
affected by Hurricanes Harvey, Irma, and Maria with major disaster
declarations in 2017: Provided, That not more than three-quarters of
one percent of the funds for public transportation emergency relief
shall be available for administrative expenses and ongoing program
management oversight as authorized under sections 5334 and 5338(f)(2)
of such title and shall be in addition to any other appropriations for
such purpose: Provided further, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$10,000,000, to remain available until expended, for necessary
expenses, including for dredging, related to damage to Maritime
Administration facilities resulting from Hurricane Harvey: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$26,060,000,000, to remain available until expended, for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery, restoration of infrastructure and
housing, economic revitalization, and mitigation in the most impacted
and distressed areas resulting from a major disaster declared in 2017
(except as otherwise provided under this heading) pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to
the State, unit of general local government, or Indian tribe (as such
term is defined in section 102 of the Housing and Community Development
Act of 1974) at the discretion of the Secretary: Provided further, That
of the amounts made available under this heading, up to $13,560,000,000
shall be allocated to meet unmet needs for grantees that have received
or will receive allocations for major disasters declared in 2017, and
that such allocations shall include the States and units of local
government affected by Hurricane Maria: Provided further, That of the
amounts made available under this heading, no less than $12,500,000,000
shall be allocated for mitigation activities to all grantees of funding
provided under this heading, the same heading in chapter 9 of title X
of division A of Public Law 113-2, section 420 of division L of Public
Law 114-113, section 145 of division C of Public Law 114-223, section
192 of division C of Public Law 114-223 (as added by section 101(3) of
division A of Public Law 114-254), section 421 of division K of Public
Law 115-31, and the same heading in division B of Public Law 115-56,
and that such mitigation activities shall be subject to the same terms
and conditions of this heading, as determined by the Secretary:
Provided further, That all such grantees shall receive an allocation of
funds under the preceding proviso in the same proportion that the
amount of funds each grantee received or will receive under the second
proviso of this heading or the headings and sections specified in the
previous proviso bears to the amount of all funds provided to all
grantees specified in the previous proviso: Provided further, That of
the amounts made available under the second and third provisos of this
heading, the Secretary shall allocate to all such grantees an aggregate
amount of not less than 33 percent of each such amount of funds
provided under this heading within 60 days after the date of enactment
of this Act based on the best available data: Provided further, That
the Secretary shall not prohibit the use of funds made available under
this heading and the same heading in division B of Public Law 115-56
for non-federal share as authorized by section 105(a)(9) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided
further, That of the amounts made available under this heading,
grantees may establish grant programs to assist small businesses to
recover from economic losses: Provided further, That as a condition of
making any grant, the Secretary shall certify in advance that such
grantee has in place proficient financial controls and procurement
processes and has established adequate procedures to prevent any
duplication of benefits as defined by section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155),
to ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted with these
funds, and to detect and prevent waste, fraud, and abuse of funds:
Provided further, That the Secretary shall require grantees to maintain
on a public website information containing common reporting criteria
established by the Department that permits individuals and entities
awaiting assistance and the general public to see how all grant funds
are used, including copies of all relevant procurement documents,
grantee administrative contracts and details of ongoing procurement
processes, as determined by the Secretary: Provided further, That prior
to the obligation of funds a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery, restoration of infrastructure and housing,
economic revitalization, and mitigation in the most impacted and
distressed areas: Provided further, That such funds may not be used for
activities reimbursable by, or for which funds are made available by,
the Federal Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That a State, unit of general
local government, or Indian tribe may use up to 5 percent of its
allocation for administrative costs: Provided further, That the sixth
proviso under this heading in the Supplemental Appropriations for
Disaster Relief Requirements, 2017 (division B of Public Law 115-56) is
amended by striking ``State or subdivision thereof'' and inserting
``State, unit of general local government, or Indian tribe (as such
term is defined in section 102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302))'': Provided further, That in
administering the funds under this heading, the Secretary of Housing
and Urban Development may waive, or specify alternative requirements
for, any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or the
use by the recipient of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment),
if the Secretary finds that good cause exists for the waiver or
alternative requirement and such waiver or alternative requirement
would not be inconsistent with the overall purpose of title I of the
Housing and Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds provided
under this heading that use such funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) may adopt, without review or public comment, any
environmental review, approval, or permit performed by a Federal
agency, and such adoption shall satisfy the responsibilities of the
recipient with respect to such environmental review, approval or
permit: Provided further, That, notwithstanding section 104(g)(2) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5304(g)(2)), the Secretary may, upon receipt of a request for release
of funds and certification, immediately approve the release of funds
for an activity or project assisted under this heading if the recipient
has adopted an environmental review, approval or permit under the
preceding proviso or the activity or project is categorically excluded
from review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.): Provided further, That the Secretary shall
publish via notice in the Federal Register any waiver, or alternative
requirement, to any statute or regulation that the Secretary
administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the effective date
of such waiver or alternative requirement: Provided further, That the
eighth proviso under this heading in the Supplemental Appropriations
for Disaster Relief Requirements, 2017 (division B of Public Law 115-
56) is amended by inserting ``408(c)(4),'' after ``407,'': Provided
further, That of the amounts made available under this heading, up to
$10,000,000 shall be made available for capacity building and technical
assistance, including assistance on contracting and procurement
processes, to support States, units of general local government, or
Indian tribes (and their subrecipients) that receive allocations
pursuant to this heading, received disaster recovery allocations under
the same heading in Public Law 115-56, or may receive similar
allocations for disaster recovery in future appropriations Acts:
Provided further, That of the amounts made available under this
heading, up to $10,000,000 shall be transferred, in aggregate, to
``Department of Housing and Urban Development--Program Office Salaries
and Expenses--Community Planning and Development'' for necessary costs,
including information technology costs, of administering and overseeing
the obligation and expenditure of amounts under this heading: Provided
further, That the amount specified in the preceding proviso shall be
combined with funds appropriated under the same heading and for the
same purpose in Public Law 115-56 and the aggregate of such amounts
shall be available for any of the purposes specified under this heading
or the same heading in Public Law 115-56 without limitation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be transferred to the Office of the Inspector General
for necessary costs of overseeing and auditing funds made available
under this heading: Provided further, That any funds made available
under this heading that remain available, after the other funds under
such heading have been allocated for necessary expenses for activities
authorized under such heading, shall be used for additional activities,
including mitigation, in the most impacted and distressed areas
resulting from major disasters declared in 2011 and subsequent years:
Provided further, That such remaining funds shall be awarded to
grantees of funding provided for disaster relief under this heading,
the same heading in chapter 9 of title X of division A of Public Law
113-2, section 420 of division L of Public Law 114-113, section 145 of
division C of Public Law 114-223, section 192 of division C of Public
Law 114-223 (as added by section 101(3) of division A of Public Law
114-254), section 421 of division K of Public Law 115-31, and the same
heading in division B of Public Law 115-56, subject to the same terms
and conditions under this heading and such headings and sections
respectively: Provided further, That each such grantee shall receive an
allocation from such remaining funds in the same proportion that the
amount of funds such grantee received under the second proviso under
this heading and under the Acts specified in the previous proviso bears
to the amount of all funds provided to all grantees specified in the
previous proviso: 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 XII
GENERAL PROVISIONS--THIS DIVISION
Sec. 1201. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the
fiscal year involved.
Sec. 1202. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 1203. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2018.
Sec. 1204. The terms and conditions applicable to the funds
provided in this division, including those provided by this title,
shall also apply to the funds made available in division B of Public
Law 115-56 and in division A of Public Law 115-72.
Sec. 1205. Each amount designated in this division 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. 1206. (a) Section 305 of division A of the Additional
Supplemental Appropriations for Disaster Relief Requirements Act, 2017
(Public Law 115-72) is amended--
(1) in subsection (a)--
(A) by striking ``(1) Not later than December 31,
2017,'' and inserting ``Not later than March 31,
2018,''; and
(B) by striking paragraph (2); and
(2) in subsection (b), by striking ``receiving funds under
this division'' and inserting ``expending more than $10,000,000
of funds provided by this division and division B of Public Law
115-56 in any one fiscal year''.
(b) Section 305 of division A of the Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2017 (Public Law
115-72), as amended by this section, shall apply to funds appropriated
by this division as if they had been appropriated by that division.
(c) In order to proactively prepare for oversight of future
disaster relief funding, not later than one year after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall issue standard guidance for Federal agencies to use in
designing internal control plans for disaster relief funding. This
guidance shall leverage existing internal control review processes and
shall include, at a minimum, the following elements:
(1) Robust criteria for identifying and documenting incremental
risks and mitigating controls related to the funding.
(2) Guidance for documenting the linkage between the incremental
risks related to disaster funding and efforts to address known internal
control risks.
Sec. 1207. Any agency or department provided funding in excess of
$3,000,000,000 by this division, including the Federal Emergency
Management Agency, the Department of Housing and Urban Development, and
the Corps of Engineers, is directed to provide a report to the
Committee on Appropriations of the House of Representatives regarding
its efforts to provide adequate resources and technical assistance for
small, low-income communities affected by natural disasters.
Sec. 1208. (a) Not later than 180 days after the date of enactment
of this Act and in coordination with the Administrator of the Federal
Emergency Management Agency, with support and contributions from the
Secretary of the Treasury, the Secretary of Energy, and other Federal
agencies having responsibilities defined under the National Disaster
Recovery Framework, the Governor of the Commonwealth of Puerto Rico
shall submit to Congress a report describing the Commonwealth's 12- and
24-month economic and disaster recovery plan that--
(1) defines the priorities, goals, and expected outcomes of
the recovery effort for the Commonwealth, based on damage
assessments prepared pursuant to Federal law, if applicable,
including--
(A) housing;
(B) economic issues, including workforce
development and industry expansion and cultivation;
(C) health and social services;
(D) natural and cultural resources;
(E) governance and civic institutions;
(F) electric power systems and grid restoration;
(G) environmental issues, including solid waste
facilities; and
(H) other infrastructure systems, including repair,
restoration, replacement, and improvement of public
infrastructure such water and wastewater treatment
facilities, communications networks, and transportation
infrastructure;
(2) is consistent with--
(A) the Commonwealth's fiscal capacity to provide
long-term operation and maintenance of rebuilt or
replaced assets;
(B) alternative procedures and associated
programmatic guidance adopted by the Administrator of
the Federal Emergency Management Administration
pursuant to section 428 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5189f); and
(C) actions as may be necessary to mitigate
vulnerabilities to future extreme weather events and
natural disasters and increase community resilience,
including encouraging the adoption and enforcement of
the latest published editions of relevant consensus-
based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and
establish minimum acceptable criteria for the design,
construction, and maintenance of residential structures
and facilities for the purpose of protecting the
health, safety, and general welfare of the buildings'
users against disasters;
(3) promotes transparency and accountability through
appropriate public notification, outreach, and hearings;
(4) identifies performance metrics for assessing and
reporting on the progress toward achieving the Commonwealth's
recovery goals, as identified under paragraph (1);
(5) is developed in coordination with the Oversight Board
established under PROMESA; and
(6) is certified by that Oversight Board to be consistent
with the purpose set forth in section 101(a) of PROMESA (48
U.S.C. 2121(a)).
(b) At the end of every 30-day period before the submission of the
report described in subsection (a), the Governor of the Commonwealth of
Puerto Rico, in coordination with the Administrator of the Federal
Emergency Management Agency, shall provide to Congress interim status
updates on progress developing such report.
(c) At the end of every 180-day period after the submission of the
report described in subsection (a), the Governor of the Commonwealth of
Puerto Rico, in coordination with the Administrator of the Federal
Emergency Management Agency, shall make public a report on progress
achieving the goals set forth in such report.
(d) During the development, and after the submission, of the report
require by in subsection (a), the Oversight Board may provide to
Congress reports on the status of coordination with the Governor of
Puerto Rico.
(e) Amounts made available by this division to a covered territory
for response to or recovery from Hurricane Irma or Hurricane Maria in
an aggregate amount greater than $10,000,000 may be reviewed by the
Oversight Board under the Oversight Board's authority under 204(b)(2)
of PROMESA (48 U.S.C. 2144(b)(2)).
(f) When developing a Fiscal Plan while the recovery plan required
under subsection (a) is in development and in effect, the Oversight
Board shall use and incorporate, to the greatest extent feasible,
damage assessments prepared pursuant to Federal law.
(g) For purposes of this section, the terms ``covered territory''
and ``Oversight Board'' have the meaning given those term in section 5
of PROMESA (48 U.S.C. 2104).
This division may be cited as the ``Further Additional
Supplemental Appropriations for Disaster Relief Requirements, 2017''.
DIVISION B--DISASTER RECOVERY REFORM ACT
Sec. 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.
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
replacement of damaged facilities.
SEC. 2001. APPLICABILITY.
Except as otherwise expressly provided, the amendments in this
division to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) apply to each major disaster
and emergency declared by the President on or after August 1, 2017,
under such Act.
SEC. 2002. STATE DEFINED.
In this division, the term ``State'' has the meaning given that
term in section 102(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(4)).
SEC. 2003. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by a
fire for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
section 37(a) of this Act)--
(A) by inserting before the first period ``, or any
area affected by a fire for which assistance was
provided under section 420''; and
(B) in the third sentence by inserting ``or event
under section 420'' after ``major disaster'' each place
it appears; and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Administrator of the
Federal Emergency Management Agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Appropriations Committees of the Senate and the House of
Representatives a report containing a summary of any projects carried
out, and any funding provided to those projects, under subsection (d)
of section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187) (as amended by this section).
SEC. 2004. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a wildfire
or windstorm, including--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels; and
``(12) windstorm damage, including replacing or installing
electrical transmission or distribution utility pole structures
with poles that are resilient to extreme wind and combined ice
and wind loadings for the basic wind speeds and ice conditions
associated with the relevant location.''.
SEC. 2005. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to
facilitate the implementation and enforcement of
adopted building codes for a period of not more than
180 days after the major disaster is declared.''.
SEC. 2006. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is
amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Participation.--Section 428(d) of such Act (42 U.S.C. 5189f) is
amended--
(1) by inserting ``(1) In general.--'' before
``Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the election
by a State, Tribal, or local government, or owner or operator
of a private nonprofit facility to participate in the
alternative procedures adopted under this section.''.
(c) Certification.--Section 428(e)(1) of such Act (42 U.S.C.
5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed
engineer and accepted by the Administrator, the
estimates on which grants made pursuant to this section
are based shall be presumed to be reasonable and
eligible costs, as long as there is no evidence of
fraud.''.
SEC. 2007. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Emergency Management Agency shall
provide guidance and training on an annual basis to State, Tribal, and
local governments, first responders, and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that such
health care facilities remain functioning or return to
functioning as soon as practicable during power outages caused
by natural hazards, including severe weather events; and
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during a
major disaster or emergency.
SEC. 2008. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Tribal
governments regarding the identification of evacuation routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall revise existing
guidance or issue new guidance as appropriate for State, local,
and Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) whether evacuation routes have resisted impacts
and recovered quickly from disasters, regardless of
cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental
disability;
(ii) individuals in schools, daycare
centers, mobile home parks, prisons, nursing
homes and other long-term care facilities, and
detention centers;
(iii) individuals with limited-English
proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under (a)(2), the Administrator of
the Federal Highway Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength
(including the ability to withstand tensile
stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator considers
appropriate.
SEC. 2009. DUPLICATION OF BENEFITS.
(a) In General.--Section 312(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by
adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the
general prohibition provided in subsection (a) upon
request of a Governor on behalf of the State or on
behalf of a person, business concern, or any other
entity suffering losses as a result of a major disaster
or emergency, if the President finds such waiver is in
the public interest and will not result in waste,
fraud, or abuse. In making this decision, the President
may consider the following:
``(i) The recommendations of the
Administrator of the Federal Emergency
Management Agency made in consultation with the
Federal agency or agencies administering the
duplicative program.
``(ii) If a waiver is granted, the
assistance to be funded is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy
considered appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later
than 45 days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in
carrying out subparagraph (A), the President may not
determine that a loan is a duplication of assistance,
provided that all Federal assistance is used toward a
loss suffered as a result of the major disaster or
emergency.''.
(b) Funding of a Federally Authorized Water Resources Development
Project.--
(1) Eligible activities.--Notwithstanding section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) and its implementing regulations,
assistance provided pursuant to section 404 of such Act may be
used to fund activities authorized for construction within the
scope of a federally authorized water resources development
project of the Army Corps of Engineers if such activities are
also eligible activities under such section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this section shall be applied toward
the Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this section shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section
404 pursuant to this section may not exceed the total Federal
share for such project.
(5) No effect.--Nothing in this section shall--
(A) affect the cost-share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard
mitigation measure under section 404;
(C) affect the cost share requirements of a
federally authorized water resources development
project; and
(D) affect the responsibilities of a non-Federal
interest with respect to the project, including those
related to the provision of lands, easements, rights-
of-way, dredge material disposal areas, and necessary
relocations.
SEC. 2010. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY
HOUSING AND PERMANENT HOUSING CONSTRUCTION.
Section 408(f) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1), by striking the paragraph heading and
inserting ``State- or tribal-administered assistance and other
needs assistance.--'';
(2) in paragraph (1)(A)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the
President and the State or Tribal government comply, as
determined by the Administrator, with paragraph (3)'';
(3) in paragraph (1)(B)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(4) by adding at the end the following:
``(3) In general.--
``(A) Application.--A State or Tribal government
desiring to provide assistance under subsection
(c)(1)(B), (c)(4), or (e) shall submit to the President
an application for a grant to provide financial
assistance under the program.
``(B) Criteria.--The President, in consultation and
coordination with State, Tribal, and local governments,
shall establish criteria for the approval of
applications submitted under subparagraph (A). The
criteria shall include, at a minimum--
``(i) the demonstrated ability of the State
or Tribal government to manage the program
under this section;
``(ii) there being in effect a plan
approved by the President as to how the State
or Tribal government will comply with
applicable Federal laws and regulations and how
the State or Tribal government will provide
assistance under its plan;
``(iii) a requirement that the State,
Tribal, or local government comply with rules
and regulations established pursuant to
subsection (j); and
``(iv) a requirement that the President, or
the designee of the President, comply with
subsection (i).
``(C) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President, shall
institute adequate policies, procedures, and internal
controls to prevent waste, fraud, abuse, and program
mismanagement for this program and for programs under
subsections (c)(1)(B), (c)(4), and (e). The President
shall monitor and conduct quality assurance activities
on a State or Tribal government's implementation of
programs under subsections (c)(1)(B), (c)(4), and (e).
If, after approving an application of a State or Tribal
government submitted under this section, the President
determines that the State or Tribal government is not
administering the program established by this section
in a manner satisfactory to the President, the
President shall withdraw the approval.
``(D) Audits.--The Office of the inspector general
shall provide for periodic audits of the programs
administered by States and Tribal governments under
this subsection.
``(E) Applicable laws.--All Federal laws applicable
to the management, administration, or contracting of
the programs by the Federal Emergency Management Agency
under this section shall be applicable to the
management, administration, or contracting by a non-
Federal entity under this section.
``(F) Report.--Not later than 18 months after the
date of enactment of this paragraph, the inspector
general of the Department of Homeland Security shall
submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on the State or Tribal
government's role to provide assistance under this
section. The report shall contain an assessment of the
effectiveness of the State or Tribal government's role
to provide assistance under this section, including--
``(i) whether the State or Tribal
government's role helped to improve the general
speed of disaster recovery;
``(ii) whether the State or Tribal
government providing assistance under this
section had the capacity to administer this
section; and
``(iii) recommendations for changes to
improve the program if the State or Tribal
government's role to administer the programs
should be continued.
``(G) Prohibition.--The President may not condition
the provision of Federal assistance under this Act by a
State or Tribal government requesting a grant under
this section.
``(H) Miscellaneous.--
``(i) Notice and comment.--The
Administrator may waive notice and comment
rulemaking, if the Administrator determines
doing so is necessary to expeditiously
implement this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
``(ii) Final rule.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator shall issue final regulations
to implement this subsection as amended by the
Disaster Recovery Reform Act.
``(iii) Waiver and expiration.--The
authority under clause (i) and any pilot
program implemented pursuant to such clause
shall expire 2 years after the date of
enactment of this paragraph or upon issuance of
final regulations pursuant to clause (ii),
whichever occurs sooner.''.
SEC. 2011. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) The maximum amount of assistance established
under paragraph (1) shall exclude expenses to repair or
replace damaged accessibility-related improvements
under paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
``(B) The maximum amount of assistance established
under paragraph (2) shall exclude expenses to repair or
replace accessibility-related personal property under
subsection (e)(2) for individuals with disabilities.''.
SEC. 2012. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary Housing.--
Section 408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is
amended to read as follows:
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs shall be
deducted from the value of the lease
agreement.''.
(b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease
agreements with owners of
multifamily rental property
impacted by a major disaster or
located in areas covered by a
major disaster declaration to
house individuals and
households eligible for
assistance under this section;
and''.
(c) Inspector General Report.--Not later than 2 years after the
date of the enactment of this Act, the inspector general of the
Department of Homeland Security shall assess the use of the authority
provided under section 408(c)(1)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)),
including the adequacy of any benefit-cost analysis done to justify the
use of this alternative, and submit a report on the results of that
review to the appropriate committees of Congress.
SEC. 2013. FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS.
(a) Definition of Private Nonprofit Facility.--Section 102(11)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(11)(B)) is amended to read as follows:
``(B) Additional facilities.--In addition to the
facilities described in subparagraph (A), the term
`private nonprofit facility' includes any private
nonprofit facility that provides essential services of
a governmental nature to the general public (including
museums, zoos, performing arts facilities, community
arts centers, community centers, houses of worship
exempt from taxation under section 501(c) of the
Internal Revenue Code of 1986, libraries, homeless
shelters, senior citizen centers, rehabilitation
facilities, shelter workshops, food banks, broadcasting
facilities, and facilities that provide health and
safety services of a governmental nature), as defined
by the President.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at
the end the following:
``(C) Houses of worship.--
``(i) In general.--A church, synagogue,
mosque, temple, or other house of worship, and
a private nonprofit facility operated by a
religious organization, shall be eligible for
contributions under paragraph (1)(B) (subject
to paragraph (3)(A)), without regard to the
religious character of the facility or the
primary religious use of the facility.
``(ii) Limitations.--Notwithstanding clause
(i), in spaces dedicated to or primarily used
for religious purposes, contributions under
paragraph (1)(B) shall only be used to cover
costs of purchasing or replacing, without
limitation, the building structure, building
enclosure components, building envelope,
vertical and horizontal circulation, physical
plant support spaces, electrical, plumbing, and
mechanical systems (including heating,
ventilation, air-conditioning, and fire and
life safety systems), and related site
improvements.''.
(c) Applicability.--This section and the amendments made by this
section shall apply to the provision of assistance in response to a
major disaster or emergency declared on or after October 28, 2012.
SEC. 2014. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to'' and
inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by striking ``establish'' and inserting the
following: ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section
404 may be reimbursed not more than 15 percent of the
total amount of the grant award under such section of
which not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such
sections, of which not more than 7 percent may be used
by the grantee and 5 percent by the subgrantee for such
costs.''.
SEC. 2015. FLEXIBILITY.
(a) Definition.--In this section, the term ``covered assistance''
means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of title 31,
United States Code, the Administrator of the Federal Emergency
Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on
an error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against
equity and good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
(c) Monitoring of Covered Assistance Distributed Based on Error.--
(1) In general.--The inspector general of the Department of
Homeland Security shall monitor the distribution of covered
assistance to individuals and households to determine the
percentage of such assistance distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the inspector general determines, with respect to any
12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the inspector general shall notify the
Administrator and publish the determination in the
Federal Register; and
(B) with respect to any major disaster or emergency
declared by the President under section 401 or section
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170; 42
U.S.C. 5191) after the date on which the determination
is published under subparagraph (A), the authority of
the Administrator to waive debt under subsection (b)
shall no longer be effective.
SEC. 2016. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding
at the end the following:
``(e) Disaster Mitigation.--In providing assistance pursuant to
subsection (c)(2), if appropriate and as applicable, the Secretary may
encourage hazard mitigation in assistance provided pursuant to such
subsection.''.
(b) Emergency Management Assistance Compact Grants.--Section 661(d)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
761(d)) is amended by striking ``for fiscal year 2008'' and inserting
``for each of fiscal years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--Section
662(f) of the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 762(f)) is amended by striking ``the program'' and all that
follows through ``2012'' and inserting ``the program, for each of
fiscal years 2018 through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)) is amended by striking the second subparagraph (J).
SEC. 2017. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national veterinary
emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals,
service animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic
diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to emergencies as described in paragraph (1);
(3) assist State, Tribal, and local governments and
nonprofit organizations in developing emergency management and
evacuation plans that account for the care and rescue of
animals and in improving local readiness for providing
veterinary medical response during a disaster; and
(4) coordinate with the Department of Homeland Security,
the Department of Health and Human Services, the Department of
Agriculture, State, Tribal, and local governments (including
departments of animal and human health), veterinary and health
care professionals, and volunteers.
SEC. 2018. DISPUTE RESOLUTION PILOT PROGRAM.
Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42
U.S.C. 5189a note) is amended by striking ``2015'' and inserting
``2022''.
SEC. 2019. EMERGENCY RELIEF.
Notwithstanding any other provision of law, for each of fiscal
years 2018 and 2019, obligations for projects undertaken to respond to
damages caused by Hurricanes Irma and Maria shall be excluded from any
calculation of total obligations for purposes of section 125(d)(4) of
title 23, United States Code.
SEC. 2020. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION
REVIEW.
(a) Review and Analysis.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall review the Unified Federal Environmental and
Historic Preservation review process established pursuant to section
429 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate that includes the following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under Federal
law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and analyses
under subsection (a), but not later than 2 years after the date of
enactment of this Act, and after providing notice and opportunity for
public comment, the Administrator shall issue regulations to implement
any regulatory recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section II of DHS
Instruction Manual 023-01-001-01.
SEC. 2021. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent
with applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations to
implement this section.
SEC. 2022. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
following:
``(c) The Administrator of the Federal Emergency Management Agency
is authorized to appoint temporary personnel, after serving
continuously for 3 years, to positions in the Agency in the same manner
that competitive service employees with competitive status are
considered for transfer, reassignment, or promotion to such positions.
An individual appointed under this subsection shall become a career-
conditional employee, unless the employee has already completed the
service requirements for career tenure.''.
SEC. 2023. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of information
from disaster assistance applicants and grantees will be
modified, streamlined, expedited, efficient, flexible,
consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular collection
and reporting of information on Federal disaster assistance
awarded, including the establishment and maintenance of a
website for presenting the information to the public; and
(3) submit the plans to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 2024. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by adding at the end the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator shall publish on the Agency's website the
specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any mission
assignment or mission assignment task order to another Federal
department or agency regarding a major disaster in excess of
$1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or
Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if
applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Tribe
requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator shall publish on the
Agency's website reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the budget
year;
``(B) the unobligated balance of funds to be
carried over from the budget year to the budget year
plus 1;
``(C) the amount of obligations for noncatastrophic
events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section
102(2), fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
``(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the fifth
day of each month:
``(A) A summary of the amount of appropriations
made available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity
delineated by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category
(including emergency measures and disaster
resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount and scope of the contract;
``(D) if the contract was awarded through
competitive bidding process;
``(E) if no competitive bidding process was used,
the reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 2025. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator of
the Federal Emergency Management Agency shall not reimburse a State,
Tribe, or local government or the owner or operator of a private
nonprofit facility for any activities made pursuant to a contract
entered into after August 1, 2017, that prohibits the Administrator or
the Comptroller General of the United States from auditing or otherwise
reviewing all aspects relating to the contract.
SEC. 2026. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND
PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the inspector general of the Department of Homeland
Security shall initiate an audit of the contracts awarded by the
Federal Emergency Management Agency (in this section referred to as
``FEMA'') for tarps and plastic sheeting for the Commonwealth of Puerto
Rico and the United States Virgin Islands in response to Hurricane Irma
and Hurricane Maria.
(b) Considerations.--In carrying out the audit under subsection
(a), the inspector general shall review--
(1) the contracting process used by FEMA to evaluate
offerors and award the relevant contracts to contractors;
(2) FEMA's assessment of the past performance of the
contractors, including any historical information showing that
the contractors had supported large-scale delivery quantities
in the past;
(3) FEMA's assessment of the capacity of the contractors to
carry out the relevant contracts, including with respect to
inventory, production, and financial capabilities;
(4) how FEMA ensured that the contractors met the terms of
the relevant contracts; and
(5) whether the failure of the contractors to meet the
terms of the relevant contracts and FEMA's subsequent
cancellation of the relevant contracts affected the provision
of tarps and plastic sheeting to the Commonwealth of Puerto
Rico and the United States Virgin Islands.
(c) Report.--Not later than 270 days after the date of initiation
of the audit under subsection (a), the inspector general shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 2027. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 2028. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management Agency, in
coordination with the Administrator of the Federal Highway
Administration, shall develop and issue guidance for State, local, and
Tribal governments regarding repair, restoration, and replacement of
inundated and submerged roads damaged or destroyed by a major disaster,
and for associated expenses incurred by the Government, with respect to
roads eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
SEC. 2029. AUTHORITIES.
Notwithstanding any other provision of law, the non-federally
funded actions of private parties and State, local, or Tribal
governments, on State, local, Tribal, and private land, and the effects
of those actions, shall not be attributed to the Federal Emergency
Management Agency's actions under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance
Reform Act of 2012 (subtitle A of title II of division F of Public Law
112-141; 126 Stat. 916), and the Homeowner Flood Insurance
Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020) for the
purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538)
of the Endangered Species Act. Actions taken under the National Flood
Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the
Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner
Flood Insurance Affordability Act of 2014, that may influence private
actions do not create a Federal nexus for the purpose of applying the
requirements of section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536).
SEC. 2030. RECOUPMENT OF CERTAIN ASSISTANCE PROHIBITED.
(a) In General.--Notwithstanding section 3716(e) of title 31,
United States Code, and unless there is evidence of civil or criminal
fraud, the Federal Emergency Management Agency may not take any action
to recoup covered assistance from the recipient of such assistance if
the receipt of such assistance occurred on a date that is more than 3
years before the date on which the Federal Emergency Management Agency
first provides to the recipient written notification of an intent to
recoup.
(b) Covered Assistance Defined.--In this section, the term
``covered assistance'' means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of such Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after January 1, 2012.
SEC. 2031. STATUTE OF LIMITATIONS.
(a) In General.--Section 705 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Except'' and inserting
``Notwithstanding section 3716(e) of title 31, United
States Code, and except''; and
(B) by striking ``report for the disaster or
emergency'' and inserting ``report for project
completion as certified by the grantee''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``report for the
disaster or emergency'' and inserting ``report for
project completion as certified by the grantee''; and
(B) in paragraph (3) by inserting ``for project
completion as certified by the grantee'' after ``final
expenditure report''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or after
January 1, 2004--
(A) no administrative action may be taken to
recover a payment of such assistance after the date of
enactment of this Act if the action is prohibited under
section 705(a)(1) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5205(a)(1)), as amended by subsection (a); and
(B) any administrative action to recover a payment
of such assistance that is pending on such date of
enactment shall be terminated if the action is
prohibited under section 705(a)(1) of that Act, as
amended by subsection (a).
(2) Limitation.--This section, including the amendments
made by this section, may not be construed to invalidate or
otherwise affect any administration action completed before the
date of enactment of this Act.
SEC. 2032. TECHNICAL ASSISTANCE AND RECOMMENDATIONS.
(a) Technical Assistance.--The Administrator of the Federal
Emergency Management Agency shall provide technical assistance to a
common interest community that provides essential services of a
governmental nature on actions that a common interest community may
take in order to be eligible to receive reimbursement from a grantee
that receives funds from the Agency for certain activities performed
after an event that results in a disaster declaration.
(b) Recommendations.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a legislative proposal on how to provide eligibility for
disaster assistance with respect to common areas of condominiums and
housing cooperatives.
SEC. 2033. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue guidance regarding the acquisition of
property for open space as a mitigation measure under section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c) that includes--
(1) a process by which the State hazard mitigation officer
appointed for such an acquisition shall, not later than 60 days
after the applicant for assistance enters into an agreement
with the Administrator regarding the acquisition, provide
written notification to each affected unit of local government
for such acquisition that includes--
(A) the location of the acquisition;
(B) the State-local assistance agreement for the
hazard mitigation grant program;
(C) a description of the acquisition; and
(D) a copy of the deed restriction; and
(2) recommendations for entering into and implementing a
memorandum of understanding between units of local government
and covered entities that includes provisions to allow an
affected unit of local government notified under paragraph (1)
to--
(A) use and maintain the open space created by such
a project, consistent with section 404 (including
related regulations, standards, and guidance) and
consistent with all adjoining property, subject to the
notification of the adjoining property, so long as the
cost of the maintenance is borne by the local
government; and
(B) maintain the open space pursuant to standards
exceeding any local government standards defined in the
agreement with the Administrator described under
paragraph (1).
(b) Definitions.--In this section the following definitions apply:
(1) Affected unit of local government.--The term ``affected
unit of local government'' means any entity covered by the
definition of local government in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), that has jurisdiction over the property subject
to the acquisition described in subsection (a).
(2) Covered entity.--The term ``covered entity'' means--
(A) the grantee or subgrantee receiving assistance
for an open space project described in subsection (a);
(B) the State in which such project is located; and
(C) the applicable Regional Administrator of the
Federal Emergency Management Agency.
SEC. 2034. LOCAL IMPACT.
In making recommendations to the President regarding a major
disaster declaration, the Administrator of the Federal Emergency
Management Agency shall give greater weight and consideration to severe
local impact or recent multiple disasters. Further, the Administrator
shall make corresponding adjustments to the Agency's policies and
regulations regarding such consideration. Not later than 1 year after
the date of enactment of this section, the Administrator shall report
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the changes made to regulations and policies
and the number of declarations that have been declared based on the new
criteria.
SEC. 2035. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is further amended by adding at the
end the following:
``(g) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by earthquake
hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 2036. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out
enforcement activities to implement the latest
published editions of relevant consensus-based
codes, specifications, and standards that
incorporate the latest hazard-resistant designs
and establish minimum acceptable criteria for
the design, construction, and maintenance of
residential structures and facilities that may
be eligible for assistance under this Act for
the purpose of protecting the health, safety,
and general welfare of the buildings' users
against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after
``competitive basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under this subsection
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
``(B) in the fiscal year following a fiscal year in
which amounts were withdrawn under subparagraph (A),
add the amounts to any other amounts available to be
awarded on a competitive basis pursuant to paragraph
(1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ``and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(12); and
(C) by adding after paragraph (9) the following:
``(10) the extent to which the State or local government
has facilitated the adoption and enforcement of the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish criteria for the design,
construction, and maintenance of residential structures and
facilities that may be eligible for assistance under this Act
for the purpose of protecting the health, safety, and general
welfare of the buildings' users against disasters;
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount of
the grants to be made pursuant to sections 403, 406, 407, 408,
410, and 416 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act, the
estimated aggregate amount of grants for purposes of paragraph
(1) shall be determined by the President and such estimated
amount need not be reduced, increased, or changed due to
variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407, 408,
410, and 416 under this Act.''; and
(6) by striking subsections (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and (l),
respectively.
(b) Applicability.--The amendments made to section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) shall apply to
funds appropriated after the date of enactment of this Act.
SEC. 2037. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking the first sentence and inserting the
following: ``The President may contribute up to 75 percent of the cost
of hazard mitigation measures which the President has determined are
cost effective and which substantially reduce the risk of, or increase
resilience to, future damage, hardship, loss, or suffering in any area
affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42 U.S.C.
5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or
after August 1, 2017, or a disaster in which a cost estimate
has not yet been finalized for a project,'';
(2) in clause (i), by striking ``and'';
(3) in clause (ii)--
(A) by striking ``codes, specifications, and
standards'' and inserting ``the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purposes of protecting the health, safety, and
general welfare of a facility's users against
disasters'';
(B) by striking ``applicable at the time at which
the disaster occurred''; and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the
facility to meet the definition of resilient
developed pursuant to this subsection.''.
(c) Other Eligible Cost.--Section 406(e)(1) of such Act (42 U.S.C.
5172(e)(1)) is further amended by inserting at the end the following:
``(C) Contributions.--Contributions for the
eligible cost made under this section may be provided
on an actual cost basis or on cost-estimation
procedures.''.
(d) New Rules.--Section 406(e) of such Act (42 U.S.C. 5172(e)) is
further amended by adding at the end the following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after
the date of enactment of this paragraph, the President,
acting through the Administrator of the Federal
Emergency Management Agency, shall issue a final
rulemaking that defines the terms `resilient' and
`resiliency' for purposes of this subsection.
``(B) Interim guidance.--Not later than 60 days
after the date of enactment of this paragraph, the
Administrator shall issue interim guidance to implement
this subsection. Such interim guidance shall expire 18
months after the date of enactment of this paragraph or
upon issuance of final regulations pursuant to
subparagraph (A), whichever occurs first.
``(C) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator
shall issue any necessary guidance related to the
rulemaking.
``(D) Report.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall submit to Congress a report summarizing the
regulations and guidance issued pursuant to this
paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the Disaster
Mitigation Act of 2000 (Public Law 106-390) is amended by inserting
``(C)'' after ``except that paragraph (1)''.
SEC. 2038. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND
REPLACEMENT OF DAMAGED FACILITIES.
Section 406(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting
after paragraph (2) the following:
``(3) Increased federal share.--
``(A) Incentive measures.--The President may
provide incentives to a State or Tribal government to
invest in measures that increase readiness for, and
resilience from, a major disaster by recognizing such
investments through a sliding scale that increases the
minimum Federal share to 85 percent. Such measures may
include--
``(i) the adoption of a mitigation plan
approved under section 322;
``(ii) investments in disaster relief,
insurance, and emergency management programs;
``(iii) encouraging the adoption and
enforcement of the latest published editions of
relevant consensus-based codes, specifications,
and standards that incorporate the latest
hazard-resistant designs and establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
structures and facilities that may be eligible
for assistance under this Act for the purpose
of protecting the health, safety, and general
welfare of the buildings' users against
disasters;
``(iv) facilitating participation in the
community rating system; and
``(v) funding mitigation projects or
granting tax incentives for projects that
reduce risk.
``(B) Comprehensive guidance.--Not later than 1
year after the date of enactment of this paragraph, the
President, acting through the Administrator, shall
issue comprehensive guidance to State and Tribal
governments regarding the measures and investments,
weighted appropriately based on actuarial assessments
of eligible actions, that will be recognized for the
purpose of increasing the Federal share under this
section. Guidance shall ensure that the agency's review
of eligible measures and investments does not unduly
delay determining the appropriate Federal cost share.
``(C) Report.--One year after the issuance of the
guidance required by subparagraph (B), the
Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report
regarding the analysis of the Federal cost shares paid
under this section.
``(D) Savings clause.--Nothing in this paragraph
prevents the President from increasing the Federal cost
share above 85 percent.''.
DIVISION C--OTHER MATTERS
SEC. 3001. TREATMENT OF SEED COTTON.
(a) Definition.--Section 1111 of the Agricultural Act of 2014 (7
U.S.C. 9011) is amended by adding at the end the following new
paragraph:
``(25) Seed cotton.--The term `seed cotton' means unginned
upland cotton that includes both lint and seed.''.
(b) Designation as Covered Commodity.--Section 1111(6) of the
Agricultural Act of 2014 (7 U.S.C. 9011(6)) is amended by adding at the
end the following new sentence: ``Effective beginning with the 2018
crop year, the term includes seed cotton.''.
(c) Reference Price.--Section 1111(18) of the Agricultural Act of
2014 (7 U.S.C. 9011(18)) is amended by adding at the end the following
new subparagraph:
``(O) For seed cotton, $0.367 per pound.''.
(d) Payment Yield.--Section 1113(d) of the Agricultural Act of 2014
(7 U.S.C. 9013(d)) is amended by adding at the end the following new
paragraph:
``(5) Payment yield for seed cotton.--
``(A) Payment yield.--Subject to subparagraph (B),
the payment yield for seed cotton for a farm shall be
equal to 2.4 times the payment yield for upland cotton
for the farm established for purposes of subsection
(e)(3) of section 1104 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246; 122 Stat.
1672), as in effect immediately before the repeal of
such section by section 1102(a) of the Agricultural Act
of 2014 (Public Law 113-79; 128 Stat. 658).
``(B) Update.--At the sole discretion of the owner
of a farm with a yield described in subparagraph (A),
the owner of the farm shall have a 1-time opportunity
to update the payment yield for upland cotton for the
farm, as provided in subsection (d), for the purpose of
calculating the payment yield for seed cotton under
such subparagraph.''.
(e) Payment Acres.--Section 1114(b) of the Agricultural Act of 2014
(7 U.S.C. 9014(b)) is amended by adding at the end the following new
paragraph:
``(4) Seed cotton rule.--
``(A) In general.--Not later than 90 days after the
date of the enactment of this paragraph, the Secretary
shall require the owner of a farm to allocate all
generic base acres on the farm under subparagraph (B)
or (C), or both.
``(B) No recent history of covered commodities.--In
the case of a farm where no covered commodities
(including seed cotton) were planted or were prevented
from being planted at any time during the 2009 through
2016 crop years, the owner of such farm shall allocate
generic base acres on the farm to unassigned crop base
for which no payments may be made under section 1116 or
1117.
``(C) Recent history of covered commodities.--In
the case of a farm not described in subparagraph (B),
the owner of such farm shall allocate generic base
acres on the farm--
``(i) subject to subparagraph (D), to seed
cotton base acres in an amount equal to the
greater of--
``(I) 80 percent of the generic
base acres on the farm; or
``(II) the average seed cotton
acres planted or prevented from being
planted on the farm during the 2009
through 2012 crop years (not to exceed
the total generic base acres on the
farm); or
``(ii) to covered commodities (including
seed cotton), by applying subparagraphs (B),
(D), (E), and (F) of section 1112(a)(3).
``(D) Treatment of residual generic base acres.--In
the case of a farm where generic base acres are
allocated under subparagraph (C)(i), the residual
generic base acres shall be allocated to unassigned
crop base for which no payments may be made under
section 1116 or 1117.
``(E) Effect of failure to allocate.--If the owner
of a farm fails to allocate generic base acres on the
farm, the owner of the farm shall be deemed to have
allocated all generic base acres in accordance with
subparagraph (C)(i).''.
(f) Recordkeeping Regarding Unassigned Crop Base.--Section 1114 of
the Agricultural Act of 2014 (7 U.S.C. 9014) is amended by adding at
the end the following new subsection:
``(f) Unassigned Crop Base.--The Secretary shall maintain
information on generic base acres on a farm allocated as unassigned
crop base pursuant to subsection (b)(4).''.
(g) Special Election Period for Price Loss Coverage or Agriculture
Risk Coverage.--Section 1115 of the Agricultural Act of 2014 (7 U.S.C.
9014(b)) is amended--
(1) in subsection (a), by striking ``For'' and inserting
``Except as provided in subsection (g), for''; and
(2) by adding at the end the following new subsection:
``(g) Special Election.--
``(1) Election required.--In the case of acres allocated on
a farm to seed cotton, all of the producers on the farm shall
be given the opportunity to make a new 1-time election under
subsection (a) to reflect the designation of seed cotton as a
covered commodity for that crop year under section 1111(6).
``(2) Effect of failure to make unanimous election.--If all
of the producers on a farm fail to make a unanimous election
under paragraph (1), the producers on the farm shall be deemed
to have elected price loss coverage under section 1116 for all
acres allocated on the farm to seed cotton.''.
(h) Effective Price.--Section 1116 of the Agricultural Act of 2014
(7 U.S.C. 9016(b)) is amended by adding at the end the following new
subsection:
``(h) Effective Price for Seed Cotton.--
``(1) In general.--The effective price for seed cotton
under subsection (b) shall be equal to the marketing year
average price for seed cotton, as calculated under paragraph
(2).
``(2) Calculation.--The marketing year average price for
seed cotton for a crop year shall be equal to the quotient of--
``(A) a dividend that is equal to the sum of--
``(i) the product obtained when the upland
cotton lint marketing year average price is
multiplied by total United States upland cotton
lint production measured in pounds; and
``(ii) the product obtained when the
cottonseed marketing year average price is
multiplied by total United States cottonseed
production measured in pounds; and
``(B) a divisor that is equal to the sum of--
``(i) total United States upland cotton
lint production measured in pounds; and
``(ii) total United States cottonseed
production measured in pounds.''.
(i) Deemed Loan Rate for Seed Cotton.--Section 1202 of the
Agricultural Act of 2014 (7 U.S.C. 9032) is amended by adding at the
end the following new subsection:
``(c) Rule for Seed Cotton.--
``(1) In general.--For purposes of section 1116(b)(2) and
paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of section 1117(b)
only, seed cotton shall be deemed to have a loan rate equal to
$0.25 per pound.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize nonrecourse marketing
assistance loans under this part for seed cotton.''.
(j) Limitation on Stacked Income Protection Plan for Producers of
Upland Cotton.--Section 508B of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1508b) is amended by adding the following new subsection:
``(f) Limitation.--Beginning with the 2018 crop year, in the case
of a farm that is enrolled for a crop year in price loss coverage under
section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) or
agriculture risk coverage under section 1117 of such Act (7 U.S.C.
9017) and the coverage on the farm includes seed cotton, the farm shall
not be eligible for a Stacked Income Protection Plan for upland cotton
for that crop year.''.
(k) Technical Correction.--Section 1114(b)(2) of the Agricultural
Act of 2014 (7 U.S.C. 9014(b)(2)) is amended by striking ``paragraphs
(1)(B) and (2)(B)'' and inserting ``paragraphs (1) and (2)''.
(l) Administration.--The Secretary of Agriculture shall carry out
the amendments made by this section in the manner provided under
section 1601 of the Agricultural Act of 2014 (7 U.S.C. 9091).
(m) Application.--The amendments made by this section shall apply
beginning with the 2018 crop year.
SEC. 3002. LIMITATION ON CROP INSURANCE LIVESTOCK-RELATED EXPENDITURES.
(a) In General.--Paragraph (10) of section 523(b) of the Federal
Crop Insurance Act (7 U.S.C. 1523) is repealed.
(b) Conforming Amendments.--Section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516) is amended in subsections (a)(2)(C) and
(b)(1)(D) by striking ``subsections (a)(3)(E)(ii) and (b)(10) of
section 523'' and inserting ``subsection (a)(3)(E)(ii) of such
section''.
SEC. 3003. NATIONAL ACCURACY CLEARINGHOUSE.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended at the end by adding the following:
``SEC. 30. NATIONAL ACCURACY CLEARINGHOUSE.
``(a) In General.--The Secretary shall establish an interstate
database, or system of databases, of supplemental nutrition assistance
program information to be known as the National Accuracy Clearinghouse.
``(b) Purpose.--Any database or system of databases established
pursuant to subsection (a) shall be used by States when making
eligibility determinations to prevent supplemental nutrition assistance
program participants from receiving duplicative benefits in multiple
States.
``(c) Implementation.--
``(1) Issuance of interim final regulations.--Not later
than 18 months after the effective date of this section, the
Secretary shall issue interim final regulations to carry out
this section that--
``(A) incorporate best practices and lessons
learned from the regional pilot project referenced in
section 4032(c) of the Agricultural Act of 2014 (7
U.S.C. 2036c(c));
``(B) safeguard the security of the data stored in
the National Accuracy Clearinghouse and protect the
privacy of supplemental nutrition assistance program
participants and applicants; and
``(C) detail the process States will be required to
follow for--
``(i) conducting initial and ongoing
matches of participant and applicant data;
``(ii) identifying and acting on all
apparent instances of duplicative participation
by participants or applicants in multiple
States; and
``(iii) complying with such other rules and
standards the Secretary determines appropriate
to carry out this section.
``(2) Timing.--The initial match and corresponding actions
required by paragraph (1)(C) shall occur within 3 years after
the effective date of this section.''.
DIVISION D--BUDGETARY EFFECTS
SEC. 4001. BUDGETARY EFFECTS.
(a) In General.--The budgetary effects of division B and each
succeeding division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act
of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of division B
and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of division B and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
<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.
Considered under the provisions of rule H. Res. 670. (consideration: CR H10364-10394)
QUESTION OF CONSIDERATION - The Chair announced that the bill contained an emergency designation pursuant to section 4(g)(1) of the Statutory Pay-As-You-Go Act of 2010 and accordingly, the Chair would put the question of consideration under section 4(g)(2) of the Statutory Pay-As-You-Go Act of 2010.
On question of consideration of the bill Agreed to by voice vote.
DEBATE - The House proceeded with one hour of debate on H.R. 4667.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - Pursuant to clause 8 of rule 20, further consideration of H.R. 4667 was postponed.
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Considered as unfinished business. (consideration: CR H10403-10404)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 251 - 169 (Roll no. 709).(text: CR H10364-10385)
Roll Call #709 (House)On passage Passed by the Yeas and Nays: 251 - 169 (Roll no. 709). (text: CR H10364-10385)
Roll Call #709 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 291.