Additional Supplemental Appropriations for Border Security and Disaster Relief, 2019

II 116TH CONGRESS 1ST SESSION S. 811 To provide for additional supplemental appropriations for the fiscal year ending September 30, 2019, for border security and disaster relief. IN THE SENATE OF THE UNITED STATES MARCH 14, 2019 Mr. RUBIO introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To provide for additional supplemental appropriations for the fiscal year ending September 30, 2019, for border security and 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. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Additional Supplemental Appropriations for Border Se- 5 curity and Disaster Relief, 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. VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 2 •S 811 IS TITLE I—DEPARTMENT OF HOMELAND SECURITY—BORDER SECURITY TITLE II—DEPARTMENT OF AGRICULTURE TITLE III—DEPARTMENT OF COMMERCE TITLE IV—DEPARTMENT OF DEFENSE TITLE V—CORPS OF ENGINEERS—CIVIL TITLE VI—DEPARTMENT OF HOMELAND SECURITY TITLE VII—DEPARTMENT OF THE INTERIOR TITLE VIII—DEPARTMENT OF LABOR TITLE IX—LEGISLATIVE BRANCH TITLE X—DEPARTMENT OF DEFENSE TITLE XI—DEPARTMENT OF TRANSPORTATION TITLE XII—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 HOMELAND SECURITY— 6 BORDER SECURITY 7 The following sums in this title are appropriated, out 8 of any money in the Treasury not otherwise appropriated, 9 for the fiscal year ending September 30, 2019, and for 10 other purposes, namely: 11 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 3 •S 811 IS SECURITY, ENFORCEMENT, AND 1 INVESTIGATIONS 2 U.S. CUSTOMS AND BORDER PROTECTION 3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 4 For an additional amount for U.S. Customs and Bor- 5 der Protection for procurement, construction, and im- 6 provements, including procurements to purchase marine 7 vessels, aircraft, and unmanned aerial systems, 8 $3,600,000,000, available until expended, for purposes au- 9 thorized under section 102 of the Illegal Immigration Re- 10 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 11 1103 note; Public Law 104–208), to include activities au- 12 thorized under section 103(b) of the Immigration and Na- 13 tionality Act (8 U.S.C. 1103(b)): Provided, That not later 14 than 180 days after the date of the enactment of this Act, 15 the Secretary of Homeland Security shall submit to the 16 Committee on Appropriations of the Senate, the Com- 17 mittee on Appropriations of the House of Representatives, 18 and the Comptroller General of the United States an up- 19 dated risk-based plan for improving security along the bor- 20 ders of the United States that includes the elements re- 21 quired under subsection (a) of section 231 of division F 22 of the Consolidated Appropriations Act, 2018, which shall 23 be evaluated in accordance with subsection (b) of such sec- 24 tion: Provided further, That amounts provided under this 25 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 4 •S 811 IS heading may be used for roads, lighting, cameras, and sen- 1 sors. 2 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 5 •S 811 IS TITLE II 1 DEPARTMENT OF AGRICULTURE 2 The following sums in this title are appropriated, out 3 of any money in the Treasury not otherwise appropriated, 4 for the fiscal year ending September 30, 2019, and for 5 other purposes, namely: 6 AGRICULTURAL PROGRAMS 7 PROCESSING, RESEARCH AND MARKETING 8 OFFICE OF THE SECRETARY 9 For an additional amount for the ‘‘Office of the Sec- 10 retary’’, $3,005,442,000, which shall remain available 11 until December 31, 2020, for necessary expenses related 12 to losses of crops (including aquacultured plants and ani- 13 mals, milk, and harvested adulterated wine grapes), trees, 14 bushes, and vines, as a consequence of Hurricanes Michael 15 or Florence, other hurricanes, typhoons, volcanic activity, 16 or wildfires occurring in calendar year 2018 under such 17 terms and conditions as determined by the Secretary of 18 Agriculture (referred to in this title as the ‘‘Secretary’’): 19 Provided, That the Secretary may provide assistance for 20 such losses in the form of block grants to eligible states 21 and territories and such assistance may include compensa- 22 tion to producers, as determined by the Secretary, for past 23 or future crop insurance premiums, forest restoration, and 24 poultry and livestock losses: Provided further, That of the 25 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 6 •S 811 IS amounts provided under this heading, tree assistance pay- 1 ments may be made under section 1501(e) of the Agricul- 2 tural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchard- 3 ists or nursery tree growers (as defined in such section) 4 of pecan trees with a tree mortality rate that exceeds 7.5 5 percent (adjusted for normal mortality) and is less than 6 15 percent (adjusted for normal mortality), to be available 7 until expended, for losses incurred during the period be- 8 ginning January 1, 2018, and ending December 31, 2018: 9 Provided further, That in the case of producers impacted 10 by volcanic activity that resulted in the loss of crop land, 11 or access to crop land, the Secretary shall consider all 12 measures available, as appropriate, to bring replacement 13 land into production: Provided further, That the total 14 amount of payments received under this heading and ap- 15 plicable policies of crop insurance under the Federal Crop 16 Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured 17 Crop Disaster Assistance Program (NAP) under section 18 196 of the Federal Agriculture Improvement and Reform 19 Act of 1996 (7 U.S.C. 7333) shall not exceed 90 percent 20 of the loss as determined by the Secretary: Provided fur- 21 ther, That the total amount of payments received under 22 this heading for producers who did not obtain a policy or 23 plan of insurance for an insurable commodity for the ap- 24 plicable crop year under the Federal Crop Insurance Act 25 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 7 •S 811 IS (7 U.S.C. 1501 et seq.) for the crop incurring the losses 1 or did not file the required paperwork and pay the service 2 fee by the applicable State filing deadline for a noninsur- 3 able commodity for the applicable crop year under NAP 4 for the crop incurring the losses shall not exceed 70 per- 5 cent of the loss as determined by the Secretary: Provided 6 further, That producers receiving payments under this 7 heading, as determined by the Secretary, shall be required 8 to purchase crop insurance where crop insurance is avail- 9 able for the next two available crop years, excluding tree 10 insurance policies, and producers receiving payments 11 under this heading shall be required to purchase coverage 12 under NAP where crop insurance is not available in the 13 next two available crop years, as determined by the Sec- 14 retary: Provided further, That, not later than 120 days 15 after the end of fiscal year 2019, the Secretary shall sub- 16 mit a report to the Congress specifying the type, amount, 17 and method of such assistance by state and territory: Pro- 18 vided further, That such amount is designated by the Con- 19 gress as being for an emergency requirement pursuant to 20 section 251(b)(2)(A)(i) of the Balanced Budget and 21 Emergency Deficit Control Act of 1985. 22 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 8 •S 811 IS FARM SERVICE AGENCY 1 EMERGENCY FOREST RESTORATION PROGRAM 2 For an additional amount for the ‘‘Emergency Forest 3 Restoration Program’’, for necessary expenses related to 4 the consequences of Hurricanes Michael and Florence and 5 wildfires occurring in calendar year 2018, and other nat- 6 ural disasters, $480,000,000, to remain available until ex- 7 pended: Provided, That such amount is designated by the 8 Congress as being for an emergency requirement pursuant 9 to section 251(b)(2)(A)(i) of the Balanced Budget and 10 Emergency Deficit Control Act of 1985. 11 NATURAL RESOURCES CONSERVATION SERVICE 12 WATERSHED AND FLOOD PREVENTION OPERATIONS 13 For an additional amount for ‘‘Watershed and Flood 14 Prevention Operations’’, for necessary expenses for the 15 Emergency Watershed Protection Program related to the 16 consequences of Hurricanes Michael and Florence and 17 wildfires occurring in calendar year 2018, and other nat- 18 ural disasters, $125,000,000, to remain available until ex- 19 pended: Provided, That such amount is designated by the 20 Congress as being for an emergency requirement pursuant 21 to section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. 23 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 9 •S 811 IS RURAL DEVELOPMENT 1 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 2 For an additional amount for the cost of grants for 3 rural community facilities programs as authorized by sec- 4 tion 306 and described in section 381E(d)(1) of the Con- 5 solidated Farm and Rural Development Act, for necessary 6 expenses related to the consequences of Hurricanes Mi- 7 chael and Florence and wildfires occurring in calendar 8 year 2018, and other natural disasters, $150,000,000, to 9 remain available until expended: Provided, That sections 10 381E–H and 381N of the Consolidated Farm and Rural 11 Development Act are not applicable to the funds made 12 available under this heading: Provided further, That such 13 amount is designated by the Congress as being for an 14 emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 GENERAL PROVISIONS—THIS TITLE 18 SEC. 201. In addition to amounts otherwise made 19 available, out of the funds made available under section 20 18 of Food and Nutrition Act of 2008, $25,200,000 shall 21 be available for the Secretary to provide a grant to the 22 Commonwealth of the Northern Mariana Islands for dis- 23 aster nutrition assistance in response to the Presidentially 24 declared major disasters and emergencies: Provided, That 25 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 10 •S 811 IS funds made available to the Commonwealth of the North- 1 ern Mariana Islands under this section shall remain avail- 2 able for obligation by the Commonwealth until September 3 30, 2020: Provided further, That such amount is des- 4 ignated by the Congress as being for an emergency re- 5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 6 anced Budget and Emergency Deficit Control Act of 1985. 7 SEC. 202. For purposes of administering title I of 8 subdivision 1 of division B of the Bipartisan Budget Act 9 of 2018 (Public Law 115–123), losses to agricultural pro- 10 ducers resulting from hurricanes shall also include losses 11 incurred from Tropical Storm Cindy, losses of peach and 12 blueberry crops in calendar year 2017 due to extreme cold, 13 blueberry productivity losses in calendar year 2018 due 14 to extreme cold and hurricane damage in calendar year 15 2017, losses of milk, and losses of aquacultured plants and 16 animals: Provided, That the amounts provided by this sec- 17 tion are designated by the Congress as being for an emer- 18 gency requirement pursuant to section 251(b)(2)(A)(i) of 19 the Balanced Budget and Emergency Deficit Control Act 20 of 1985: Provided further, That amounts repurposed 21 under this heading that were previously designated by the 22 Congress as an emergency requirement pursuant to the 23 Balanced Budget and Emergency Deficit Control Act of 24 1985 are designated by the Congress as an emergency re- 25 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 11 •S 811 IS quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 1985. 2 SEC. 203. (a)(1) Except as provided in paragraph 3 (2), a person or legal entity is not eligible to receive a 4 payment under the Market Facilitation Program estab- 5 lished pursuant to the Commodity Credit Corporation 6 Charter Act (15 U.S.C. 714 et seq.) if the average ad- 7 justed gross income of such person or legal entity is great- 8 er than $900,000. 9 (2) Paragraph (1) shall not apply to a person or legal 10 entity if at least 75 percent of the adjusted gross income 11 of such person or legal entity is derived from farming, 12 ranching, or forestry related activities. 13 (b) A person or legal entity may not receive a pay- 14 ment under the Market Facilitation Program described in 15 subsection (a)(1), directly or indirectly, of more than 16 $125,000. 17 (c) In this section, the term ‘‘average adjusted gross 18 income’’ has the meaning given the term defined in section 19 760.1502 of title 7 Code of Federal Regulations (as in 20 effect July 18, 2018). 21 (d) The amount provided by this section is designated 22 by the Congress as being for an emergency requirement 23 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 24 et and Emergency Deficit Control Act of 1985. 25 VerDate Sep 11 2014 03:15 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S811.IS S811 pbinns on DSK79D2C42PROD with BILLS 12 •S 811 IS SEC. 204. In addition to other amounts made avail- 1 able by section 309 of division A of the Additional Supple- 2 mental Appropriations for Disaster Relief Requirements 3 Act, 2017 (Public Law 115–72; 131 Stat. 1229), there 4 is appropriated to the Secretary, out of any moneys in the 5 Treasury not otherwise appropriated, for the fiscal year 6 ending Se [Text truncated for display. Full text available on Congress.gov.]