133 STAT. 871
PUBLIC LAW 116–20—JUNE 6, 2019
Public Law 116–20
116th Congress
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 Representatives of
the United States of America in Congress assembled, The following
sums in this Act are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2019, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH AND MARKETING
OFFICE OF THE SECRETARY
For an additional amount for the ‘‘Office of the Secretary’’,
$3,005,442,000, which shall remain available until December 31,
2020, for necessary expenses related to losses of crops (including
milk, on-farm stored commodities, crops prevented from planting
in 2019, and harvested adulterated wine grapes), trees, bushes,
and vines, as a consequence of Hurricanes Michael and Florence,
other hurricanes, floods, tornadoes, typhoons, volcanic activity,
snowstorms, and wildfires occurring in calendar years 2018 and
2019 under such terms and conditions as determined by the Sec-
retary: Provided, That the Secretary may provide assistance for
such losses in the form of block grants to eligible states and terri-
tories and such assistance may include compensation to producers,
as determined by the Secretary, for forest restoration and poultry
and livestock losses: Provided further, That of the amounts provided
under this heading, tree assistance payments may be made under
section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e))
to eligible orchardists or nursery tree growers (as defined in such
section) of pecan trees with a tree mortality rate that exceeds
7.5 percent (adjusted for normal mortality) and is less than 15
percent (adjusted for normal mortality), to be available until
expended, for losses incurred during the period beginning January
1, 2018, and ending December 31, 2018: Provided further, That
in the case of producers impacted by volcanic activity that resulted
in the loss of crop land, or access to crop land, the Secretary
shall consider all measures available, as appropriate, to bring
replacement land into production: Provided further, That of the
Time period.
Determination.
Additional
Supplemental
Appropriations
for Disaster
Relief Act, 2019.
June 6, 2019
[H.R. 2157]
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133 STAT. 872
PUBLIC LAW 116–20—JUNE 6, 2019
amounts provided under this heading, not more than $7,000,000
shall be available to make payments to agricultural producers whose
Whole Farm Revenue Protection indemnity payments were reduced
following 2018 crop year losses due to assistance received through
state-legislated agriculture disaster assistance programs: 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 90 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
applicable crop year 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 applicable
crop year under NAP for the crop incurring the losses shall not
exceed 70 percent of the loss as determined by the Secretary:
Provided further, That in the case of a crop under this heading
for which the Federal Crop Insurance Corporation offers a revenue
insurance policy under section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508), the Secretary shall use the greater of the
projected price or the harvest price for such crop to determine
the expected value of such crop: Provided further, That producers
receiving payments under this heading, as determined by the Sec-
retary, shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years,
excluding tree insurance policies, 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 120 days after the end of fiscal year 2019, the
Secretary shall submit a report to the Congress specifying the
type, amount, and method of such assistance by state and territory:
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 Con-
trol Act of 1985.
FARM SERVICE AGENCY
EMERGENCY FOREST RESTORATION PROGRAM
For an additional amount for the ‘‘Emergency Forest Restora-
tion Program’’, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and wildfires occurring in cal-
endar year 2018, tornadoes and floods occurring in calendar year
2019, and other natural disasters, $480,000,000, 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 Con-
trol Act of 1985.
Reports.
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133 STAT. 873
PUBLIC LAW 116–20—JUNE 6, 2019
EMERGENCY CONSERVATION PROGRAM
For an additional amount for the ‘‘Emergency Conservation
Program’’, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and wildfires occurring in cal-
endar year 2018, tornadoes and floods occurring in calendar year
2019, and other natural disasters, $558,000,000, 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 Con-
trol 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
Michael and Florence and wildfires occurring in calendar year 2018,
tornadoes and floods occurring in calendar year 2019, and other
natural disasters, $435,000,000, 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 Con-
trol Act of 1985.
RURAL DEVELOPMENT
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
For an additional amount for the cost of grants for rural commu-
nity facilities programs as authorized by section 306 and described
in section 381E(d)(1) of the Consolidated Farm and Rural Develop-
ment Act, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and wildfires occurring in cal-
endar year 2018, tornadoes and floods occurring in calendar year
2019, and other natural disasters, $150,000,000, to remain available
until expended: Provided, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available 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.
GENERAL PROVISIONS—THIS TITLE
SEC. 101. In addition to amounts otherwise made available,
out of the funds made available under section 18 of the Food
and Nutrition Act of 2008, $25,200,000 shall be available for the
Secretary to provide a grant to the Commonwealth of the Northern
Mariana Islands for disaster nutrition assistance in response to
the Presidentially declared major disasters and emergencies: Pro-
vided, That funds made available to the Commonwealth of the
Northern Mariana Islands under this section shall remain available
for obligation by the Commonwealth until September 30, 2020:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
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133 STAT. 874
PUBLIC LAW 116–20—JUNE 6, 2019
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
SEC. 102. For purposes of administering title I of subdivision
1 of division B of the Bipartisan Budget Act of 2018 (Public Law
115–123), losses to agricultural producers resulting from hurricanes
shall also include losses incurred from Tropical Storm Cindy, losses
of peach and blueberry crops in calendar year 2017 due to extreme
cold, and blueberry productivity losses in calendar year 2018 due
to extreme cold and hurricane damage in calendar year 2017: Pro-
vided, That the amounts provided by this section 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: Provided further, That amounts
repurposed under this section that were previously designated by
the Congress as an emergency requirement pursuant to the Bal-
anced Budget and Emergency Deficit Control Act of 1985 are des-
ignated 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.
SEC. 103. (a)(1) Except as provided in paragraph (2), a person
or legal entity is not eligible to receive a payment under the Market
Facilitation Program established pursuant to the Commodity Credit
Corporation Charter Act (15 U.S.C. 714 et seq.) if the average
adjusted gross income of such person or legal entity is greater
than $900,000.
(2) Paragraph (1) shall not apply to a person or legal entity
if at least 75 percent of the adjusted gross income of such person
or legal entity is derived from farming, ranching, or forestry related
activities.
(b) In this section, the term ‘‘average adjusted gross income’’
has the meaning given the term defined in section 760.1502 of
title 7 Code of Federal Regulations (as in effect July 18, 2018).
(c) The amount provided by this section is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
SEC. 104. In addition to other amounts made available by
section 309 of division A of the Additional Supplemental Appropria-
tions for Disaster Relief Requirements Act, 2017 (Public Law 115–
72; 131 Stat. 1229), there is appropriated to the Secretary, out
of any moneys in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2019, $600,000,000 to provide
a grant to the Commonwealth of Puerto Rico for disaster nutrition
assistance in response to a major disaster or emergency designated
by the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That
the funds made available to the Commonwealth of Puerto Rico
under this section shall remain available for obligation by the
Commonwealth until September 30, 2020, and shall be in addition
to funds otherwise made available: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)).
SEC. 105. There is hereby appropriated $5,000,000, to remain
available until September 30, 2020, for the Secretary of Agriculture
to conduct an independent study, including a survey of participants,
Study.
Survey.
Puerto Rico.
Grants.
Puerto Rico.
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133 STAT. 875
PUBLIC LAW 116–20—JUNE 6, 2019
to compare the impact of the additional benefits provided by section
309 of Public Law 115–72 to the food insecurity, health status,
and well-being of low-income residents in Puerto Rico without such
additional benefits: 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.
SEC. 106. In addition to amounts otherwise made available,
out of the funds made available under section 18 of the Food
and Nutrition Act of 2008, $18,000,000 shall be available for the
Secretary to provide a grant to American Samoa for disaster nutri-
tion assistance in response to the presidentially declared major
disasters and emergencies: Provided, That funds made available
to the territory under this section shall remain available for obliga-
tion by the territory until September 30, 2020: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 107. Beginning not later than the 2020 reinsurance year,
the Federal Crop Insurance Corporation shall offer coverage under
the wholefarm revenue protection insurance policy (or a successor
policy or plan of insurance) for hemp (as defined in section 297A
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)): Pro-
vided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 108. Notwithstanding any other provision of law, any
rural community impacted by major declared disaster DR–4407
may have the governor in the affected state, or the governor’s
designee, certify the area’s population as a rural area with respect
to eligibility for loans, grants, and technical assistance under rural
development programs funded by the Department of Agriculture
until data from the 2020 United St
[Text truncated for display. Full text available on Congress.gov.]