Supplemental Appropriations Act, 2019

II Calendar No. 15 116TH CONGRESS 1ST SESSION H. R. 268 IN THE SENATE OF THE UNITED STATES JANUARY 17, 2019 Received JANUARY 19, 2019 Read the first time JANUARY 22, 2019 Read the second time and placed on the calendar AN ACT Making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are hereby appropriated, out of 3 any money in the Treasury not otherwise appropriated, 4 and out of applicable corporate or other revenues, receipts, 5 and funds, for the several departments, agencies, corpora- 6 tions, and other organizational units of Government for 7 fiscal year 2019, and for other purposes, namely: 8 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 268 PCS TITLE I 1 DEPARTMENT OF AGRICULTURE 2 AGRICULTURAL PROGRAMS 3 PROCESSING, RESEARCH AND MARKETING 4 OFFICE OF THE SECRETARY 5 For an additional amount for the ‘‘Office of the Sec- 6 retary’’, $1,105,442,000 (increased by $1,900,000,000), 7 which shall remain available until December 31, 2020, for 8 necessary expenses related to losses of crops (including 9 milk and harvested adulterated wine grapes), trees, 10 bushes, and vines, as a consequence of Hurricanes Michael 11 or Florence, other hurricanes, typhoons, volcanic activity, 12 or wildfires occurring in calendar year 2018 under such 13 terms and conditions as determined by the Secretary: Pro- 14 vided, That the Secretary may provide assistance for such 15 losses in the form of block grants to eligible states and 16 territories and such assistance may include compensation 17 to producers, as determined by the Secretary, for past or 18 future crop insurance premiums, forest restoration, and 19 poultry and livestock losses: Provided further, That of the 20 amounts provided under this heading, tree assistance pay- 21 ments may be made under section 1501(e) of the Agricul- 22 tural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchard- 23 ists or nursery tree growers (as defined in such section) 24 of pecan trees with a tree mortality rate that exceeds 7.5 25 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 268 PCS percent (adjusted for normal mortality) and is less than 1 15 percent (adjusted for normal mortality), to be available 2 until expended, for losses incurred during the period be- 3 ginning January 1, 2018, and ending December 31, 2018: 4 Provided further, That in the case of producers impacted 5 by volcanic activity that resulted in the loss of crop land, 6 or access to crop land, the Secretary shall consider all 7 measures available, as appropriate, to bring replacement 8 land into production: Provided further, That the total 9 amount of payments received under this heading and ap- 10 plicable policies of crop insurance under the Federal Crop 11 Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured 12 Crop Disaster Assistance Program (NAP) under section 13 196 of the Federal Agriculture Improvement and Reform 14 Act of 1996 (7 U.S.C. 7333) shall not exceed 90 percent 15 of the loss as determined by the Secretary: Provided fur- 16 ther, That the total amount of payments received under 17 this heading for producers who did not obtain a policy or 18 plan of insurance for an insurable commodity for the ap- 19 plicable crop year under the Federal Crop Insurance Act 20 (7 U.S.C. 1501 et seq.) for the crop incurring the losses 21 or did not file the required paperwork and pay the service 22 fee by the applicable State filing deadline for a noninsur- 23 able commodity for the applicable crop year under NAP 24 for the crop incurring the losses shall not exceed 70 per- 25 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 268 PCS cent of the loss as determined by the Secretary: Provided 1 further, That producers receiving payments under this 2 heading, as determined by the Secretary, shall be required 3 to purchase crop insurance where crop insurance is avail- 4 able for the next two available crop years, excluding tree 5 insurance policies, and producers receiving payments 6 under this heading shall be required to purchase coverage 7 under NAP where crop insurance is not available in the 8 next two available crop years, as determined by the Sec- 9 retary: Provided further, That, not later than 120 days 10 after the end of fiscal year 2019, the Secretary shall sub- 11 mit a report to the Congress specifying the type, amount, 12 and method of such assistance by state and territory: Pro- 13 vided further, That such amount is designated by the Con- 14 gress as being for an emergency requirement pursuant to 15 section 251(b)(2)(A)(i) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985. 17 FARM SERVICE AGENCY 18 EMERGENCY FOREST RESTORATION PROGRAM 19 For an additional amount for the ‘‘Emergency Forest 20 Restoration Program’’, for necessary expenses related to 21 the consequences of Hurricanes Michael and Florence and 22 wildfires occurring in calendar year 2018, and other nat- 23 ural disasters, $480,000,000, to remain available until ex- 24 pended: Provided, That such amount is designated by the 25 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 268 PCS Congress as being for an emergency requirement pursuant 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 NATURAL RESOURCES CONSERVATION SERVICE 4 WATERSHED AND FLOOD PREVENTION OPERATIONS 5 For an additional amount for ‘‘Watershed and Flood 6 Prevention Operations’’, for necessary expenses for the 7 Emergency Watershed Protection Program related to the 8 consequences of Hurricanes Michael and Florence and 9 wildfires occurring in calendar year 2018, and other nat- 10 ural disasters, $125,000,000, to remain available until ex- 11 pended: Provided, That such amount is designated by the 12 Congress as being for an emergency requirement pursuant 13 to section 251(b)(2)(A)(i) of the Balanced Budget and 14 Emergency Deficit Control Act of 1985. 15 RURAL DEVELOPMENT 16 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 17 For an additional amount for the cost of grants for 18 rural community facilities programs as authorized by sec- 19 tion 306 and described in section 381E(d)(1) of the Con- 20 solidated Farm and Rural Development Act, for necessary 21 expenses related to the consequences of Hurricanes Mi- 22 chael and Florence and wildfires occurring in calendar 23 year 2018, and other natural disasters, $150,000,000, to 24 remain available until expended: Provided, That sections 25 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 268 PCS 381E-H and 381N of the Consolidated Farm and Rural 1 Development Act are not applicable to the funds made 2 available under this heading: Provided further, That such 3 amount is designated by the Congress as being for an 4 emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 GENERAL PROVISIONS—THIS TITLE 8 SEC. 101. In addition to other amounts made avail- 9 able by section 309 of Public Law 115–72, there is hereby 10 appropriated $600,000,000 (increased by $5,000,000) (in- 11 creased by $5,000,000) for the Secretary of Agriculture 12 to provide a grant to the Commonwealth of Puerto Rico 13 for disaster nutrition assistance in response to Presi- 14 dentially declared major disasters and emergencies: Pro- 15 vided, That the funds made available to the Common- 16 wealth of Puerto Rico under this section shall remain 17 available for obligation by the Commonwealth until Sep- 18 tember 30, 2020, and shall be in addition to funds other- 19 wise made available: Provided further, That such amount 20 is designated by the Congress as being for an emergency 21 requirement pursuant to section 251(b)(2)(A)(i) of the 22 Balanced Budget and Emergency Deficit Control Act of 23 1985. 24 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 268 PCS SEC. 102. In addition to amounts otherwise made 1 available, out of the funds made available under section 2 18 of Food and Nutrition Act of 2008, $10,200,000 (in- 3 creased by $15,000,000) shall be available for the Sec- 4 retary to provide a grant to the Commonwealth of the 5 Northern Mariana Islands for disaster nutrition assistance 6 in response to the Presidentially declared major disasters 7 and emergencies: Provided, That funds made available to 8 the Commonwealth of the Northern Mariana Islands 9 under this section shall remain available for obligation by 10 the Commonwealth until September 30, 2020: Provided 11 further, That such amount is designated by the Congress 12 as being for an emergency requirement pursuant to sec- 13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 14 gency Deficit Control Act of 1985. 15 SEC. 103. For purposes of administering title I of 16 subdivision 1 of division B of the Bipartisan Budget Act 17 of 2018 (Public Law 115–123), losses to agricultural pro- 18 ducers resulting from hurricanes shall also include losses 19 of peach and blueberry crops in calendar year 2017 due 20 to extreme cold: Provided, That the amounts provided by 21 this section are designated by the Congress as being for 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985: Provided further, That 25 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 8 HR 268 PCS amounts repurposed under this heading that were pre- 1 viously designated by the Congress as an emergency re- 2 quirement pursuant to the Balanced Budget and Emer- 3 gency Deficit Control Act of 1985 are designated by the 4 Congress as an emergency requirement pursuant to sec- 5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 6 gency Deficit Control Act of 1985. 7 SEC. 104. (a)(1) Except as provided in paragraph 8 (2), a person or legal entity is not eligible to receive a 9 payment under the Market Facilitation Program estab- 10 lished pursuant to the Commodity Credit Corporation 11 Charter Act (15 U.S.C. 714 et seq.) if the average ad- 12 justed gross income of such person or legal entity is great- 13 er than $900,000. 14 (2) Paragraph (1) shall not apply to a person or legal 15 entity if at least 75 percent of the adjusted gross income 16 of such person or legal entity is derived from farming, 17 ranching, or forestry related activities. 18 (b) A person or legal entity may not receive a pay- 19 ment under the Market Facilitation Program described in 20 subsection (a)(1), directly or indirectly, of more than 21 $125,000. 22 (c) In this section, the term ‘‘average adjusted gross 23 income’’ has the meaning given the term defined in section 24 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 9 HR 268 PCS 760.1502 of title 7 Code of Federal Regulations (as in 1 effect July 18, 2018). 2 (d) The amount provided by this section is designated 3 by the Congress as being for an emergency requirement 4 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 5 et and Emergency Deficit Control Act of 1985. 6 TITLE II 7 DEPARTMENT OF COMMERCE 8 ECONOMIC DEVELOPMENT ADMINISTRATION 9 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 10 (INCLUDING TRANSFERS OF FUNDS) 11 Pursuant to section 703 of the Public Works and 12 Economic Development Act (42 U.S.C. 3233), for an addi- 13 tional amount for ‘‘Economic Development Assistance 14 Programs’’ for necessary expenses related to flood mitiga- 15 tion, disaster relief, long-term recovery, and restoration of 16 infrastructure in areas that received a major disaster des- 17 ignation as a result of Hurricanes Florence, Michael, and 18 Lane, Typhoons Yutu and Mangkhut, and of wildfires, vol- 19 canic eruptions, earthquakes, and other natural disasters 20 occurring in calendar year 2018 under the Robert T. Staf- 21 ford Disaster Relief and Emergency Assistance Act (42 22 U.S.C. 5121 et seq.), $600,000,000, to remain available 23 until expended: Provided, That such amount is designated 24 by the Congress as being for an emergency requirement 25 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 10 HR 268 PCS pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 1 et and Emergency Deficit Control Act of 1985: Provided 2 further, That within the amount appropriated, up to 2 per- 3 cent of funds may be transferred to the ‘‘Salaries and Ex- 4 penses’’ account for administration and oversight activi- 5 ties: Provided further, That within the amount appro- 6 priated, $1,000,000 shall be transferred to the ‘‘Office of 7 Inspector General’’ account for carrying out investigations 8 and audits related to the funding provided under this 9 heading. 10 NATIONAL OCEANIC AND ATMOSPHERIC 11 ADMINISTRATION 12 OPERATIONS, RESEARCH, AND FACILITIES 13 For an additional amount for ‘‘Operations, Research, 14 and Facilities’’ for necessary expenses related to the con- 15 sequences of Hurricanes Florence and Michael, Typhoon 16 Yutu, and of wildfires, $120,570,000, to remain available 17 until September 30, 2020, as follows: 18 (1) $3,000,000 for repair and replacement of 19 observing assets, real property, and equipment; 20 (2) $11,000,000 for marine debris assessment 21 and removal; 22 (3) $31,570,000 for mapping, charting, and ge- 23 odesy services; 24 VerDate Sep 11 2014 20:10 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H268.PCS H268 pamtmann on DSKBFK8HB2PROD with BILLS 11 HR 268 PCS (4) $25,000,000 to improve: (a) hurricane in- 1 tensity forecasting, including through deployment of 2 unmanned ocean observing platforms and enhanced 3 data assimilation; (b) flood prediction, forecasting, 4 and mitigation capabilities; and (c) wildfire pre- 5 diction, detection, and forecasting; and 6 (5) $50,000,000 for Title IX Fund grants as 7 authorized under section 906(c) of division O of 8 Public [Text truncated for display. 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