II Calendar No. 416 116TH CONGRESS 2D SESSION H. R. 5687 IN THE SENATE OF THE UNITED STATES FEBRUARY 10, 2020 Received; read the first time FEBRUARY 11, 2020 Read the second time and placed on the calendar AN ACT Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Supple- 4 mental Appropriations for Disaster Relief and Puerto Rico 5 Disaster Tax Relief Act, 2020’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents of this Act is as follows: 8 DIVISION A—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF ACT, 2020 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 2 HR 5687 PCS DIVISION B—PUERTO RICO DISASTER TAX RELIEF ACT OF 2020 DIVISION C—BUDGETARY EFFECTS SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 be treated as referring only to the provisions of that divi- 4 sion. 5 DIVISION A—EMERGENCY SUPPLE- 6 MENTAL APPROPRIATIONS FOR DIS- 7 ASTER RELIEF ACT, 2020 8 That the following sums are appropriated, out of any 9 money in the Treasury not otherwise appropriated, for the 10 fiscal year ending September 30, 2020, and for other pur- 11 poses, namely: 12 TITLE I 13 DEPARTMENT OF ENERGY 14 ENERGY PROGRAMS 15 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY 16 RESPONSE 17 For an additional amount for ‘‘Cybersecurity, Energy 18 Security, and Emergency Response’’, $6,750,000, to re- 19 main available until expended, for necessary expenses re- 20 lated to providing technical assistance related to natural 21 disasters in U.S. territories, including technical assistance 22 related to electric grids: Provided, That such amount is 23 designated by the Congress as being for an emergency re- 24 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 3 HR 5687 PCS quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 1985. 2 ELECTRICITY 3 For an additional amount for ‘‘Electricity’’, 4 $15,000,000 (increased by $3,000,000), to remain avail- 5 able until expended, for necessary expenses related to pro- 6 viding technical assistance related to natural disasters in 7 U.S. territories, including technical assistance related to 8 electric grids: Provided, That such amount is designated 9 by the Congress as being for an emergency requirement 10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 11 et and Emergency Deficit Control Act of 1985. 12 TITLE II 13 DEPARTMENT OF EDUCATION 14 HURRICANE EDUCATION RECOVERY 15 (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for ‘‘Hurricane Education 17 Recovery’’ for necessary expenses related to the con- 18 sequences of earthquakes occurring in calendar years 19 2019 and 2020 as of the date of enactment of this Act 20 in those areas for which a major disaster or emergency 21 has been declared under section 401 or 501 of the Robert 22 T. Stafford Disaster Relief and Emergency Assistance Act 23 (42 U.S.C. 5170 and 5191) (referred to under this head- 24 ing as ‘‘covered disaster or emergency’’), $100,000,000 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 4 HR 5687 PCS (increased by $1,000,000), to remain available through 1 September 30, 2022, for assisting in meeting the edu- 2 cational needs of individuals affected by a covered disaster 3 or emergency: Provided, That such assistance shall be pro- 4 vided through any of the programs authorized under this 5 heading in title VIII of subdivision 1 of division B of the 6 Bipartisan Budget Act of 2018 (Public Law 115–123; 132 7 Stat. 95), as amended by section 201 of this Act, as deter- 8 mined by the Secretary of Education, and subject to the 9 terms and conditions that applied to those programs, ex- 10 cept that references to dates and school years in such Act 11 shall be deemed to be the corresponding dates and school 12 years for the covered disaster or emergency: Provided fur- 13 ther, That the Secretary of Education may determine the 14 amounts to be used for each such program and shall notify 15 the Committees on Appropriations of the House of Rep- 16 resentatives and the Senate of these amounts not later 17 than 7 days prior to obligation: Provided further, That 18 $1,000,000 of the funds made available under this head- 19 ing, to remain available until expended, shall be trans- 20 ferred to the Office of the Inspector General of the De- 21 partment of Education for oversight of activities sup- 22 ported with funds appropriated under this heading, and 23 up to $500,000 of the funds made available under this 24 heading shall be for program administration: Provided fur- 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 5 HR 5687 PCS ther, That such amount is designated by the Congress as 1 being for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 GENERAL PROVISIONS—THIS TITLE 5 SEC. 201. (a) The second proviso under the heading 6 ‘‘Department of Education—Hurricane Education Recov- 7 ery’’ under title VIII of subdivision 1 of division B of the 8 Bipartisan Budget Act of 2018 (Public Law 115–123; 132 9 Stat. 95) is amended— 10 (1) in paragraph (2)— 11 (A) in subparagraph (I), by striking ‘‘and’’ 12 after the semicolon; 13 (B) in subparagraph (J) by inserting 14 ‘‘and’’ at the end; and 15 (C) by adding at the end the following: 16 ‘‘(K) assistance provided to an eligible en- 17 tity under paragraph (1)(A) that was affected 18 by Hurricane Maria or earthquakes occurring 19 in calendar years 2019 and 2020 as of the date 20 of enactment of the ‘Emergency Supplemental 21 Appropriations for Disaster Relief Act, 2020’, 22 to assist with restarting school operations, in- 23 cluding assistance provided to an eligible entity 24 before the date of enactment of the ‘Emergency 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 6 HR 5687 PCS Supplemental Appropriations for Disaster Re- 1 lief Act, 2020’, may be used by the eligible enti- 2 ty to pay the non-Federal share of a project de- 3 scribed in section 406 of the Robert T. Stafford 4 Disaster and Relief Emergency Act (42 U.S.C. 5 5172), notwithstanding section 102(e)(3)(A) of 6 title IV of division B of Public Law 109–148 7 (119 Stat. 2794);’’; 8 (2) in paragraph (9), by striking ‘‘and’’ after 9 the semicolon; 10 (3) by redesignating paragraph (10) as para- 11 graph (11); and 12 (4) by inserting after paragraph (9) the fol- 13 lowing: 14 ‘‘(10) if the amount available under paragraph 15 (3) is insufficient to meet the need for such assist- 16 ance as demonstrated by applications submitted by 17 eligible entities, the Secretary may use additional 18 funds available under this heading to fully fund ap- 19 proved applications; and’’. 20 (b) Amounts repurposed pursuant to the amendments 21 made by subsection (a) that were previously designated 22 by the Congress as an emergency requirement pursuant 23 to the Balanced Budget and Emergency Deficit Control 24 Act of 1985 are designated by the Congress as being for 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 7 HR 5687 PCS an emergency requirement pursuant to section 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 SEC. 202. (a) Amounts previously made available for 4 activities authorized under ‘‘Department of Education— 5 Hurricane Education Recovery’’ in title VIII of subdivi- 6 sion 1 of division B of the Bipartisan Budget Act of 2018 7 (Public Law 115–123; 132 Stat. 95) may be used to ad- 8 dress unmet needs, as determined by the Secretary, for 9 that heading in this Act and in the Additional Supple- 10 mental Appropriations for Disaster Relief Act, 2019 (Pub- 11 lic Law 116–20; 133 Stat. 890). In addition, any funds 12 provided under the heading ‘‘Department of Education— 13 Hurricane Education Recovery’’ in this Act that are allo- 14 cated in response to a covered disaster or emergency may 15 be used interchangeably and without limitation for the 16 same activities related to Hurricanes Maria and Irma. 17 (b) Amounts repurposed pursuant to this section that 18 were previously designated by the Congress, respectively, 19 as an emergency requirement or as being for disaster relief 20 pursuant to the Balanced Budget and Emergency Deficit 21 Control Act 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 or as being for disaster relief 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 8 HR 5687 PCS pursuant to section 251(b)(2)(D) of the Balanced Budget 1 and Emergency Deficit Control Act of 1985. 2 SEC. 203. Not later than 30 days after the date of 3 enactment of this Act, the Secretary of Education shall 4 provide a detailed spend plan of anticipated uses of funds 5 made available in this title, including estimated personnel 6 and administrative costs, to the Committees on Appropria- 7 tions of the House of Representatives and the Senate: Pro- 8 vided, That such plan shall be updated and submitted to 9 the Committees on Appropriations of the House of Rep- 10 resentatives and the Senate every 60 days until all funds 11 are expended or expire. 12 SEC. 204. Section 392 of the Higher Education Act 13 of 1965 (20 U.S.C. 1068a) is amended by adding at the 14 end the following: 15 ‘‘(d) WAIVER AUTHORITY WITH RESPECT TO INSTI- 16 TUTIONS LOCATED IN AN AREA AFFECTED BY HURRI- 17 CANE MARIA.— 18 ‘‘(1) WAIVER AUTHORITY.—Notwithstanding 19 any other provision of law, unless enacted with spe- 20 cific reference to this section, for any affected insti- 21 tution that was receiving assistance under this title 22 at the time of a covered hurricane disaster, the Sec- 23 retary shall, for each of the fiscal years 2020 24 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 9 HR 5687 PCS through 2022 (and may, for each of the fiscal years 1 2023 and 2024)— 2 ‘‘(A) waive— 3 ‘‘(i) the eligibility data requirements 4 set forth in section 391(d); 5 ‘‘(ii) the wait-out period set forth in 6 section 313(d); 7 ‘‘(iii) the allotment requirements 8 under section 324; and 9 ‘‘(iv) the use of the funding formula 10 developed pursuant to section 326(f)(3); 11 ‘‘(B) waive or modify any statutory or reg- 12 ulatory provision to ensure that affected institu- 13 tions that were receiving assistance under this 14 title at the time of a covered hurricane disaster 15 are not adversely affected by any formula cal- 16 culation for fiscal year 2020 or for any of the 17 four succeeding fiscal years, as necessary; and 18 ‘‘(C) make available to each affected insti- 19 tution an amount that is not less than the 20 amount made available to such institution 21 under this title for fiscal year 2017, except that 22 for any fiscal year for which the funds appro- 23 priated for payments under this title are less 24 than the appropriated level for fiscal year 2017, 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 10 HR 5687 PCS the amount made available to such institutions 1 shall be ratably reduced among the institutions 2 receiving funds under this title. 3 ‘‘(2) DEFINITIONS.—In this subsection: 4 ‘‘(A) AFFECTED INSTITUTION.—The term 5 ‘affected institution’ means an institution of 6 higher education that— 7 ‘‘(i) is— 8 ‘‘(I) a part A institution (which 9 term shall have the meaning given the 10 term ‘eligible institution’ under sec- 11 tion 312(b)); or 12 ‘‘(II) a part B institution, as 13 such term is defined in section 14 322(2), or as identified in section 15 326(e); 16 ‘‘(ii) is located in a covered area af- 17 fected by a hurricane disaster; and 18 ‘‘(iii) is able to demonstrate that, as a 19 result of the impact of a covered hurricane 20 disaster, the institution— 21 ‘‘(I) incurred physical damage; 22 ‘‘(II) has pursued collateral 23 source compensation from insurance, 24 the Federal Emergency Management 25 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 11 HR 5687 PCS Agency, and the Small Business Ad- 1 ministration, as appropriate; and 2 ‘‘(III) was not able to fully re- 3 open in existing facilities or to fully 4 reopen to the pre-hurricane enroll- 5 ment levels during the 30-day period 6 beginning on September 7, 2017. 7 ‘‘(B) COVERED AREA AFFECTED BY A 8 HURRICANE DISASTER.—The term ‘covered area 9 affected by a hurricane disaster’ means an area 10 for which the President declared a major dis- 11 aster under section 401 of the Robert T. Staf- 12 ford Disaster Relief and Emergency Assistance 13 Act (42 U.S.C. 5170) as a result of Hurricane 14 Maria. 15 ‘‘(C) COVERED HURRICANE DISASTER.— 16 The term ‘covered hurricane disaster’ means a 17 major disaster that the President declared to 18 exist, in accordance with section 401 of the 19 Robert T. Stafford Disaster Relief and Emer- 20 gency Assistance Act (42 U.S.C. 5170), and 21 that was caused by Hurricane Maria or Hurri- 22 cane Irma.’’. 23 VerDate Sep 11 2014 22:21 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5687.PCS H5687 kjohnson on DSK79L0C42PROD with BILLS 12 HR 5687 PCS TITLE III 1 DEPARTMENT OF TRANSPORTATION 2 FEDERAL HIGHWAY ADMINISTRATION 3 EMERGENCY RELIEF PROGRAM 4 For an additional amount for the Emergency Relief 5 Program as authorized under section 125 of title 23, 6 United States Code, $1,250,000,000, to remain available 7 until expended: Provided, That such amount is designated 8 by the Congress as being for an emergency requirement 9 pursuant to section 251(b)(2)(A)(i) o [Text truncated for display. Full text available on Congress.gov.]