Additional Supplemental Appropriations for Disaster Relief, 2019

II 116TH CONGRESS 1ST SESSION S. 572 To provide for additional supplemental appropriations for disaster relief. IN THE SENATE OF THE UNITED STATES FEBRUARY 26, 2019 Mr. PERDUE (for himself, Mr. JONES, Mr. ISAKSON, Mr. RUBIO, Mr. SCOTT of Florida, Mr. TILLIS, Mr. SULLIVAN, and Mr. SCOTT of South Caro- lina) introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To provide for additional supplemental appropriations for disaster relief. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Additional Supplemental Appropriations for Disaster Re- 5 lief, 2019’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Statement of appropriations. TITLE I—DEPARTMENT OF AGRICULTURE VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 572 IS TITLE II—DEPARTMENT OF COMMERCE TITLE III—DEPARTMENT OF DEFENSE TITLE IV—CORPS OF ENGINEERS—CIVIL TITLE V—DEPARTMENT OF HOMELAND SECURITY TITLE VI—DEPARTMENT OF THE INTERIOR TITLE VII—DEPARTMENT OF LABOR TITLE VIII—LEGISLATIVE BRANCH TITLE IX—DEPARTMENT OF DEFENSE TITLE X—DEPARTMENT OF TRANSPORTATION TITLE XI—GENERAL PROVISIONS SEC. 2. STATEMENT OF APPROPRIATIONS. 1 The following sums in this Act are appropriated, out 2 of any money in the Treasury not otherwise appropriated, 3 for the fiscal year ending September 30, 2019. 4 TITLE I 5 DEPARTMENT OF AGRICULTURE 6 The following sums in this title are appropriated, out 7 of any money in the Treasury not otherwise appropriated, 8 for the fiscal year ending September 30, 2019, and for 9 other purposes, namely: 10 AGRICULTURAL PROGRAMS 11 PROCESSING, RESEARCH AND MARKETING 12 OFFICE OF THE SECRETARY 13 For an additional amount for the ‘‘Office of the Sec- 14 retary’’, $3,005,442,000, which shall remain available 15 until December 31, 2020, for necessary expenses related 16 to losses of crops (including milk and harvested adulter- 17 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 572 IS ated wine grapes), trees, bushes, and vines, as a con- 1 sequence of Hurricanes Michael or Florence, other hurri- 2 canes, typhoons, volcanic activity, or wildfires occurring 3 in calendar year 2018 under such terms and conditions 4 as determined by the Secretary of Agriculture (referred 5 to in this title as the ‘‘Secretary’’): Provided, That the 6 Secretary may provide assistance for such losses in the 7 form of block grants to eligible States and territories and 8 such assistance may include compensation to producers, 9 as determined by the Secretary, for past or future crop 10 insurance premiums, forest restoration, and poultry and 11 livestock losses: Provided further, That of the amounts 12 provided under this heading, tree assistance payments 13 may be made under section 1501(e) of the Agricultural 14 Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists or 15 nursery tree growers (as defined in such section) of pecan 16 trees with a tree mortality rate that exceeds 7.5 percent 17 (adjusted for normal mortality) and is less than 15 per- 18 cent (adjusted for normal mortality), to be available until 19 expended, for losses incurred during the period beginning 20 January 1, 2018, and ending December 31, 2018: Pro- 21 vided further, That in the case of producers impacted by 22 volcanic activity that resulted in the loss of crop land, or 23 access to crop land, the Secretary shall consider all meas- 24 ures available, as appropriate, to bring replacement land 25 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 572 IS into production: Provided further, That the total amount 1 of payments received under this heading and applicable 2 policies of crop insurance under the Federal Crop Insur- 3 ance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop 4 Disaster Assistance Program (NAP) under section 196 of 5 the Federal Agriculture Improvement and Reform Act of 6 1996 (7 U.S.C. 7333) shall not exceed 90 percent of the 7 loss as determined by the Secretary: Provided further, 8 That the total amount of payments received under this 9 heading for producers who did not obtain a policy or plan 10 of insurance for an insurable commodity for the applicable 11 crop year under the Federal Crop Insurance Act (7 U.S.C. 12 1501 et seq.) for the crop incurring the losses or did not 13 file the required paperwork and pay the service fee by the 14 applicable State filing deadline for a noninsurable com- 15 modity for the applicable crop year under NAP for the 16 crop incurring the losses shall not exceed 70 percent of 17 the loss as determined by the Secretary: Provided further, 18 That producers receiving payments under this heading, as 19 determined by the Secretary, shall be required to purchase 20 crop insurance where crop insurance is available for the 21 next two available crop years, excluding tree insurance 22 policies, and producers receiving payments under this 23 heading shall be required to purchase coverage under NAP 24 where crop insurance is not available in the next two avail- 25 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 572 IS able crop years, as determined by the Secretary: Provided 1 further, That, not later than 120 days after the end of 2 fiscal year 2019, the Secretary shall submit a report to 3 the Congress specifying the type, amount, and method of 4 such assistance by State and territory: Provided further, 5 That such amount is designated by the Congress as being 6 for an emergency requirement pursuant to section 7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9 FARM SERVICE AGENCY 10 EMERGENCY FOREST RESTORATION PROGRAM 11 For an additional amount for the ‘‘Emergency Forest 12 Restoration Program’’, for necessary expenses related to 13 the consequences of Hurricanes Michael and Florence and 14 wildfires occurring in calendar year 2018, and other nat- 15 ural disasters, $480,000,000, to remain available until ex- 16 pended: Provided, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 NATURAL RESOURCES CONSERVATION SERVICE 21 WATERSHED AND FLOOD PREVENTION OPERATIONS 22 For an additional amount for ‘‘Watershed and Flood 23 Prevention Operations’’, for necessary expenses for the 24 Emergency Watershed Protection Program related to the 25 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 572 IS consequences of Hurricanes Michael and Florence and 1 wildfires occurring in calendar year 2018, and other nat- 2 ural disasters, $125,000,000, to remain available until ex- 3 pended: Provided, That such amount is designated by the 4 Congress as being for an emergency requirement pursuant 5 to section 251(b)(2)(A)(i) of the Balanced Budget and 6 Emergency Deficit Control Act of 1985. 7 RURAL DEVELOPMENT 8 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 9 For an additional amount for the cost of grants for 10 rural community facilities programs as authorized by sec- 11 tion 306 and described in section 381E(d)(1) of the Con- 12 solidated Farm and Rural Development Act, for necessary 13 expenses related to the consequences of Hurricanes Mi- 14 chael and Florence and wildfires occurring in calendar 15 year 2018, and other natural disasters, $150,000,000, to 16 remain available until expended: Provided, That sections 17 381E–H and 381N of the Consolidated Farm and Rural 18 Development Act are not applicable to the funds made 19 available under this heading: Provided further, That such 20 amount is designated by the Congress as being for an 21 emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. 24 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 572 IS GENERAL PROVISIONS—THIS TITLE 1 SEC. 101. In addition to amounts otherwise made 2 available, out of the funds made available under section 3 18 of Food and Nutrition Act of 2008, $25,200,000 shall 4 be available for the Secretary to provide a grant to the 5 Commonwealth of the Northern Mariana Islands for dis- 6 aster nutrition assistance in response to the Presidentially 7 declared major disasters and emergencies: Provided, That 8 funds made available to the Commonwealth of the North- 9 ern Mariana Islands under this section shall remain avail- 10 able for obligation by the Commonwealth until September 11 30, 2020: Provided further, That such amount is des- 12 ignated by the Congress as being for an emergency re- 13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 14 anced Budget and Emergency Deficit Control Act of 1985. 15 SEC. 102. 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 incurred from Tropical Storm Cindy and losses of peach 20 and blueberry crops in calendar year 2017 due to extreme 21 cold: Provided, That the amounts provided by this section 22 are designated by the Congress as being for an emergency 23 requirement pursuant to section 251(b)(2)(A)(i) of the 24 Balanced Budget and Emergency Deficit Control Act of 25 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 572 IS 1985: Provided further, That amounts repurposed under 1 this heading that were previously designated by the Con- 2 gress as an emergency requirement pursuant to the Bal- 3 anced Budget and Emergency Deficit Control Act of 1985 4 are designated by the Congress as an emergency require- 5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 6 Budget and Emergency Deficit Control Act of 1985. 7 SEC. 103. (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 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 572 IS 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 SEC. 104. In addition to other amounts made avail- 7 able by section 309 of division A of the Additional Supple- 8 mental Appropriations for Disaster Relief Requirements 9 Act, 2017 (Public Law 115–72; 131 Stat. 1229), there 10 is appropriated to the Secretary, out of any moneys in the 11 Treasury not otherwise appropriated, for the fiscal year 12 ending September 30, 2019, $610,000,000 to provide a 13 grant to the Commonwealth of Puerto Rico for disaster 14 nutrition assistance in response to a major disaster or 15 emergency designated by the President under the Robert 16 T. Stafford Disaster Relief and Emergency Assistance Act 17 (42 U.S.C. 5121 et seq.): Provided, That the funds made 18 available to the Commonwealth of Puerto Rico under this 19 section shall remain available for obligation by the Com- 20 monwealth until September 30, 2020, and shall be in addi- 21 tion to funds otherwise made available: Provided further, 22 That such amount is designated by the Congress as being 23 for an emergency requirement pursuant to section 24 VerDate Sep 11 2014 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 572 IS 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 2 TITLE II 3 DEPARTMENT OF COMMERCE 4 The following sums in this title are appropriated, out 5 of any money in the Treasury not otherwise appropriated, 6 for the fiscal year ending September 30, 2019, and for 7 other purposes, namely: 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 00:28 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S572.IS S572 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 572 IS 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 [Text truncated for display. Full text available on Congress.gov.]