II 

Calendar No. 291 

115TH CONGRESS 

2D SESSION H. R. 4667 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2017 

Received 

JANUARY 3, 2018 

Read the first time 

JANUARY 4, 2018 

Read the second time and placed on the calendar 

AN ACT 

Making further supplemental appropriations for the fiscal 

year ending September 30, 2018, for disaster assistance 

for Hurricanes Harvey, Irma, and Maria, and calendar 

year 2017 wildfires, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 DIVISION A—DISASTER ASSISTANCE 

4 The following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for the 

6 fiscal year ending September 30, 2018, and for other pur7 poses, namely: 


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1 TITLE I 

2 DEPARTMENT OF AGRICULTURE 

3 OFFICE OF THE SECRETARY

4 For an additional amount for the ‘‘Office of the Sec5 retary’’, $2,600,000,000, which shall remain available 

6 until September 30, 2019, for necessary expenses related 

7 to crops, trees, bushes, vines, and livestock losses resulting 

8 from Hurricanes Harvey, Irma, Maria, and other hurri9 canes and wildfires occurring in calendar year 2017 under 

10 such terms and conditions as determined by the Secretary: 

11 Provided, That the Secretary may provide assistance for 

12 such losses in the form of block grants to eligible states 

13 and territories: Provided further, That the total amount 

14 of payments received under this heading and applicable 

15 policies of crop insurance under the Federal Crop Insur16 ance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop 

17 Disaster Assistance Program (NAP) under section 196 of 

18 the Federal Agriculture Improvement and Reform Act of 

19 1996 (7 U.S.C. 7333) shall not exceed 85 percent of the 

20 loss as determined by the Secretary: Provided further, 

21 That the total amount of payments received under this 

22 heading for producers who did not obtain a policy or plan 

23 of insurance for an insurable commodity for the 2017 crop 

24 year, or 2018 crop year in the case of citrus, under the 

25 Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 


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1 the crop incurring the losses or did not file the required 

2 paperwork and pay the service fee by the applicable State 

3 filing deadline for a noninsurable commodity for the 2017 

4 crop year under NAP for the crop incurring the losses 

5 shall not exceed 65 percent of the loss as determined by 

6 the Secretary: Provided further, That producers receiving 

7 payments under this heading, as determined by the Sec8 retary, shall be required to purchase crop insurance where 

9 crop insurance is available for the next two available crop 

10 years, and producers receiving payments under this head11 ing shall be required to purchase coverage under NAP 

12 where crop insurance is not available in the next two avail13 able crop years, as determined by the Secretary: Provided 

14 further, That, not later than 90 days after the end of fiscal 

15 year 2018, the Secretary shall submit a report to the Con16 gress specifying the type, amount, and method of such as17 sistance by state and territory and the status of the 

18 amounts obligated and plans for further expenditure and 

19 include improvements that can be made to Federal Crop 

20 Insurance policies, either administratively or legislatively, 

21 to increase participation, particularly among underserved 

22 producers, in higher levels of coverage in future years for 

23 crops qualifying for assistance under this heading: Pro24 vided further, That such amount is designated by the Con25 gress as being for an emergency requirement pursuant to 


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1 section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OFFICE OF INSPECTOR GENERAL

4 For an additional amount for ‘‘Office of Inspector 

5 General’’, $2,500,000, to remain available until expended, 

6 for oversight and audit of programs, grants, and activities 

7 funded by this division and administered by the Depart8 ment of Agriculture: Provided, That such amount is des9 ignated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 AGRICULTURAL RESEARCH SERVICE

13 BUILDINGS AND FACILITIES

14 For an additional amount for ‘‘Buildings and Facili15 ties’’, $22,000,000, to remain available until expended, for 

16 necessary expenses related to the consequences of Hurri17 canes Harvey, Irma and Maria: Provided, That such 

18 amount is designated by the Congress as being for an 

19 emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 FARM SERVICE AGENCY

23 EMERGENCY CONSERVATION PROGRAM

24 For an additional amount for the ‘‘Emergency Con25 servation Program’’ for necessary expenses related to the 


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1 consequences of Hurricanes Harvey, Irma, and Maria and 

2 of wildfires occurring in calendar year 2017, and other 

3 natural disasters, $400,000,000, to remain available until 

4 expended: Provided, That not less than $300,000,000 of 

5 the amount made available in the previous proviso shall 

6 be for necessary expenses resulting from a major disaster 

7 declared pursuant to the Robert T. Stafford Disaster Re8 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

9 seq.): Provided further, That such amount is designated 

10 by the Congress as being for an emergency requirement 

11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985. 

13 NATURAL RESOURCES CONSERVATION SERVICE

14 WATERSHED AND FLOOD PREVENTION OPERATIONS

15 For an additional amount, for ‘‘Watershed and Flood 

16 Prevention Operations’’, for necessary expenses for the 

17 Emergency Watershed Protection Program related to the 

18 consequences of Hurricanes Harvey, Irma, and Maria and 

19 of wildfires occurring in calendar year 2017, and other 

20 natural disasters, $541,000,000, to remain available until 

21 expended: Provided, That not less than $400,000,000 of 

22 the amount made available in the previous proviso shall 

23 be for necessary expenses resulting from a major disaster 

24 declared pursuant to the Robert T. Stafford Disaster Re25 lief and Emergency Assistance Act (42 U.S.C. 5121 et 


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1 seq.): Provided further, That such amount is designated 

2 by the Congress as being for an emergency requirement 

3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985. 

5 RURAL DEVELOPMENT PROGRAMS 

6 RURAL HOUSING SERVICE

7 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

8 For an additional amount for costs of direct loans, 

9 including costs relating to modification of such loans, as 

10 those terms are defined in section 502 of the Congres11 sional Budget Act of 1974 (2 U.S.C. 661a), $18,672,000 

12 shall be for direct loans for the rehabilitation of section 

13 515 rental housing (42 U.S.C. 1485) in locations where 

14 owners were not required to carry national flood insur15 ance, to remain available until September 30, 2019: Pro16 vided, That such funds shall be for areas impacted by 

17 Hurricanes Harvey, Irma, and Maria: Provided further, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RURAL UTILITIES SERVICE

23 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

24 For an additional amount for the ‘‘Rural Water and 

25 Waste Disposal Program Account’’, $165,475,000, to reVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 main available until expended, for grants to repair drink2 ing water systems and sewer and solid waste disposal sys3 tems impacted by Hurricanes Harvey, Irma, and Maria: 

4 Provided, That not to exceed $2,000,000 of the amount 

5 appropriated under this heading shall be for technical as6 sistance grants for rural water and waste systems pursu7 ant to section 306(a)(14) of the Consolidated Farm and 

8 Rural Development Act: Provided further, That such 

9 amount is designated by the Congress as being for an 

10 emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 FOOD AND NUTRITION SERVICE

14 COMMODITY ASSISTANCE PROGRAM

15 For an additional amount for ‘‘Commodity Assistance 

16 Program’’ for the emergency food assistance program as 

17 authorized by section 27(a) of the Food and Nutrition Act 

18 of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 

19 Emergency Food Assistance Act of 1983 (7 U.S.C. 

20 7508(a)(1)), $24,000,000, to remain available until Sep21 tember 30, 2019: Provided, That notwithstanding any 

22 other provisions of the Emergency Food Assistance Act 

23 of 1983, the Secretary of Agriculture may allocate addi24 tional foods and funds for administrative expenses from 

25 resources specifically appropriated, transferred, or reproVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 grammed to provide resources to Puerto Rico, the United 

2 States Virgin Islands, and States affected by wildfires oc3 curring in calendar year 2017 or Hurricanes Harvey, 

4 Irma, and Maria, as determined by the Secretary, without 

5 regard to sections 204 and 214 of such Act (7 U.S.C. 

6 7508, 7515): Provided further, That such funds will be 

7 designated for States impacted by Hurricanes Harvey, 

8 Irma, and Maria, or wildfire and subject to a federal major 

9 disaster or emergency declaration: Provided further, That 

10 such amount is designated by the Congress as being for 

11 an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 DEPARTMENT OF HEALTH AND HUMAN 

15 SERVICES 

16 FOOD AND DRUG ADMINISTRATION

17 BUILDINGS AND FACILITIES

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Buildings and Facili20 ties’’, $7,600,000, to remain available until expended, for 

21 necessary expenses related to the consequences of Hurri22 canes Harvey, Irma, and Maria: Provided, That such 

23 amount may be transferred to ‘‘Department of Health and 

24 Human Services—Food and Drug Administration Salaries 

25 and Expenses’’ for costs related to repair of facilities, for 


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1 replacement of equipment, and for other increases in facil2 ity-related costs: Provided further, That obligations in3 curred for the purposes provided herein prior to the date 

4 of enactment of this Act may be charged to funds appro5 priated by this paragraph: Provided further, That such 

6 amount is designated by the Congress as being for an 

7 emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 GENERAL PROVISION—THIS TITLE 

11 SEC. 101. (a) Section 1501(d)(1) of the Agricultural 

12 Act of 2014 (7 U.S.C. 9081(d)(1)) is amended by striking 

13 ‘‘not more than $20,000,000’’ and inserting ‘‘not more 

14 than $40,000,000’’. 

15 (b) The amount provided by subsection (a) for fiscal 

16 year 2018 is designated by the Congress as being for an 

17 emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 


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1 TITLE II 

2 DEPARTMENT OF COMMERCE 

3 ECONOMIC DEVELOPMENT ADMINISTRATION

4 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

5 (INCLUDING TRANSFERS OF FUNDS)

6 Pursuant to section 703 of the Public Works and 

7 Economic Development Act (42 U.S.C. 3233), for an addi8 tional amount for ‘‘Economic Development Assistance 

9 Programs’’ for necessary expenses related to flood mitiga10 tion, disaster relief, long-term recovery, and restoration of 

11 infrastructure in areas that received a major disaster des12 ignation as a result of Hurricanes Harvey, Irma, and 

13 Maria, and the calendar year 2017 wildfires, under the 

14 Robert T. Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5121 et seq.), $600,000,000, to re16 main available until expended: Provided, That the amount 

17 provided under this heading is designated by the Congress 

18 as being for an emergency requirement pursuant to sec19 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985: Provided further, That 

21 within the amount appropriated, up to 2 percent of funds 

22 may be transferred to the ‘‘Salaries and Expenses’’ ac23 count for administration and oversight activities: Provided 

24 further, That within the amount appropriated, $1,000,000 

25 shall be transferred to the ‘‘Office of Inspector General’’ 


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1 account for carrying out investigations and audits related 

2 to the funding provided under this heading. 

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 For an additional amount for ‘‘Operations, Research, 

7 and Facilities’’ for necessary expenses related to the con8 sequences of Hurricanes Harvey, Irma, and Maria, 

9 $120,904,000, to remain available until September 30, 

10 2019, as follows: (1) $12,904,000 for repair and replace11 ment of observing assets, Federal real property, and 

12 equipment; (2) $18,000,000 for marine debris assessment 

13 and removal; (3) $40,000,000 for mapping, charting, and 

14 geodesy services; and (4) $50,000,000 to improve weather 

15 forecasting, hurricane intensity forecasting and flood fore16 casting and mitigation capabilities, including data assimi17 lation from ocean observing platforms and satellites: Pro18 vided, That the amount provided under this heading is 

19 designated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 PROCUREMENT, ACQUISITION AND CONSTRUCTION

23 For an additional amount for ‘‘Procurement, Acquisi24 tion and Construction’’ for necessary expenses related to 

25 the consequences of Hurricanes Harvey, Irma, and Maria, 


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1 $79,232,000, to remain available until September 30, 

2 2020, as follows: (1) $29,232,000 for repair and replace3 ment of Federal real property and observing assets; and 

4 (2) $50,000,000 for improvements to operational and re5 search weather supercomputing infrastructure and for im6 provement of satellite ground services used in hurricane 

7 intensity and track prediction: Provided, That the amount 

8 provided under this heading is designated by the Congress 

9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 

12 DEPARTMENT OF JUSTICE 

13 UNITED STATES MARSHALS SERVICE

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’ for necessary expenses related to the con17 sequences of Hurricanes Harvey, Irma, and Maria, 

18 $2,500,000: Provided, That the amount provided under 

19 this heading is designated by the Congress as being for 

20 an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 


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1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’ for necessary expenses related to the con5 sequences of Hurricanes Harvey, Irma, and Maria, 

6 $21,200,000: Provided, That the amount provided under 

7 this heading is designated by the Congress as being for 

8 an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 DRUG ENFORCEMENT ADMINISTRATION

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’ for necessary expenses related to the con15 sequences of Hurricanes Harvey, Irma, and Maria, 

16 $11,500,000: Provided, That the amount provided under 

17 this heading is designated by the Congress as being for 

18 an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 FEDERAL PRISON SYSTEM

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’ for necessary expenses related to the con25 sequences of Hurricanes Harvey, Irma, and Maria, 


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1 $16,000,000: Provided, That the amount provided under 

2 this heading is designated by the Congress as being for 

3 an emergency requirement pursuant to section 

4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 BUILDINGS AND FACILITIES

7 For an additional amount for ‘‘Buildings and Facili8 ties’’ for necessary expenses related to the consequences 

9 of Hurricanes Harvey, Irma, and Maria, $34,000,000, to 

10 remain available until expended: Provided, That the 

11 amount provided under this heading 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 SCIENCE 

16 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

17 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

18 RESTORATION

19 For an additional amount for ‘‘Construction and En20 vironmental Compliance and Restoration’’ for repairs at 

21 National Aeronautics and Space Administration facilities 

22 damaged by hurricanes during 2017, $81,300,000, to re23 main available until expended: Provided, That the amount 

24 provided under this heading is designated by the Congress 

25 as being for an emergency requirement pursuant to secVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 NATIONAL SCIENCE FOUNDATION

4 RESEARCH AND RELATED ACTIVITIES

5 For an additional amount for ‘‘Research and Related 

6 Activities’’ for necessary expenses to repair National 

7 Science Foundation radio observatory facilities damaged 

8 by hurricanes that occurred during 2017, $16,300,000, to 

9 remain available until expended: Provided, That the 

10 amount provided under this heading is designated by the 

11 Congress as being for an emergency requirement pursuant 

12 to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985: Provided further, 

14 That the National Science Foundation shall submit a 

15 spending plan to the Committees on Appropriations of the 

16 House of Representatives and the Senate within 45 days 

17 after the date of enactment of this Act. 

18 RELATED AGENCIES 

19 LEGAL SERVICES CORPORATION

20 PAYMENT TO THE LEGAL SERVICES CORPORATION

21 For an additional amount for ‘‘Payment to the Legal 

22 Services Corporation’’ to carry out the purposes of the 

23 Legal Services Corporation Act by providing for necessary 

24 expenses related to the consequences of Hurricanes Har25 vey, Irma, and Maria, $1,000,000: Provided, That the 


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1 amount made available under this heading shall be used 

2 only to provide the mobile resources, technology, and dis3 aster coordinators necessary to provide storm-related serv4 ices to the Legal Services Corporation client population 

5 and only in the areas significantly affected by Hurricanes 

6 Harvey, Irma, and Maria: Provided further, That such 

7 amount is designated by the Congress as being for an 

8 emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985: Provided further, That none 

11 of the funds appropriated in this division to the Legal 

12 Services Corporation shall be expended for any purpose 

13 prohibited or limited by, or contrary to any of the provi14 sions of, sections 501, 502, 503, 504, 505, and 506 of 

15 Public Law 105–119, and all funds appropriated in this 

16 division to the Legal Services Corporation shall be subject 

17 to the same terms and conditions set forth in such sec18 tions, except that all references in sections 502 and 503 

19 to 1997 and 1998 shall be deemed to refer instead to 2017 

20 and 2018, respectively, and except that sections 501 and 

21 503 of Public Law 104–134 (referenced by Public Law 

22 105–119) shall not apply to the amount made available 

23 under this heading: Provided further, That, for the pur24 poses of this division, the Legal Services Corporation shall 

25 be considered an agency of the United States Government. 


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1 TITLE III 

2 DEPARTMENT OF DEFENSE 

3 DEPARTMENT OF DEFENSE—MILITARY 

4 OPERATION AND MAINTENANCE 

5 OPERATION AND MAINTENANCE, ARMY

6 For an additional amount for ‘‘Operation and Main7 tenance, Army’’, $20,110,000, to remain available until 

8 September 30, 2018, for necessary expenses related to the 

9 consequences of Hurricanes Harvey, Irma or Maria: Pro10 vided, That such amount is designated by the Congress 

11 as being for an emergency requirement pursuant to sec12 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985. 

14 OPERATION AND MAINTENANCE, NAVY

15 For an additional amount for ‘‘Operation and Main16 tenance, Navy’’, $267,796,000, to remain available until 

17 September 30, 2018, for necessary expenses related to the 

18 consequences of Hurricanes Harvey, Irma or Maria: Pro19 vided, That such amount is designated by the Congress 

20 as being for an emergency requirement pursuant to sec21 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, MARINE CORPS

24 For an additional amount for ‘‘Operation and Main25 tenance, Marine Corps’’, $17,920,000, to remain available 


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1 until September 30, 2018, for necessary expenses related 

2 to the consequences of Hurricanes Harvey, Irma or Maria: 

3 Provided, That such amount is designated by the Congress 

4 as being for an emergency requirement pursuant to sec5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985. 

7 OPERATION AND MAINTENANCE, AIR FORCE

8 For an additional amount for ‘‘Operation and Main9 tenance, Air Force’’, $20,916,000, to remain available 

10 until September 30, 2018, for necessary expenses related 

11 to the consequences of Hurricanes Harvey, Irma or Maria: 

12 Provided, That such amount is designated by the Congress 

13 as being for an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, DEFENSE-WIDE

17 For an additional amount for ‘‘Operation and Main18 tenance, Defense-Wide’’, $2,650,000, to remain available 

19 until September 30, 2018, for necessary expenses related 

20 to the consequences of Hurricanes Harvey, Irma or Maria: 

21 Provided, That such amount is designated by the Congress 

22 as being for an emergency requirement pursuant to sec23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Army Reserve’’, $12,500,000, to remain available 

4 until September 30, 2018, for necessary expenses related 

5 to the consequences of Hurricanes Harvey, Irma or Maria: 

6 Provided, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, NAVY RESERVE

11 For an additional amount for ‘‘Operation and Main12 tenance, Navy Reserve’’, $2,922,000, to remain available 

13 until September 30, 2018, for necessary expenses related 

14 to the consequences of Hurricanes Harvey, Irma or Maria: 

15 Provided, That such amount is designated by the Congress 

16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Air Force Reserve’’, $5,770,000, to remain avail22 able until September 30, 2018, for necessary expenses re23 lated to the consequences of Hurricanes Harvey, Irma or 

24 Maria: Provided, That such amount is designated by the 

25 Congress as being for an emergency requirement pursuant 


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1 to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

4 For an additional amount for ‘‘Operation and Main5 tenance, Army National Guard’’, $55,471,000, to remain 

6 available until September 30, 2018, for necessary expenses 

7 related to the consequences of Hurricanes Harvey, Irma 

8 or Maria: Provided, That such amount is designated by 

9 the Congress as being for an emergency requirement pur10 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 PROCUREMENT 

13 OTHER PROCUREMENT, NAVY

14 For an additional amount for ‘‘Other Procurement, 

15 Navy’’ $18,000,000, to remain available until September 

16 30, 2020, for necessary expenses related to the con17 sequences of Hurricanes Harvey, Irma or Maria: Provided, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 REVOLVING AND MANAGEMENT FUNDS

23 DEFENSE WORKING CAPITAL FUNDS

24 For an additional amount for ‘‘Defense Working 

25 Capital Funds’’ for the Navy Working Capital Fund, 


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1 $9,486,000, to remain available until September 30, 2018, 

2 for necessary expenses related to the consequences of Hur3 ricanes Harvey, Irma or Maria: Provided, That such 

4 amount is designated by the Congress as being for an 

5 emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for operation and mainte11 nance for ‘‘Defense Health Program’’, $704,000, to re12 main available until September 30, 2018, for necessary ex13 penses related to the consequences of Hurricanes Harvey, 

14 Irma or Maria: Provided, That such amount is designated 

15 by the Congress as being for an emergency requirement 

16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985. 

18 TITLE IV 

19 CORPS OF ENGINEERS—CIVIL 

20 DEPARTMENT OF THE ARMY 

21 CORPS OF ENGINEERS—CIVIL

22 INVESTIGATIONS

23 For an additional amount for ‘‘Investigations’’ for 

24 necessary expenses related to the consequences of Hurri25 canes Harvey, Irma, and Maria, $75,000,000, to remain 


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1 available until expended to expedite and complete at full 

2 Federal expense studies, including Preconstruction Engi3 neering and Design, for flood and storm damage reduc4 tion, including shore protection, in areas that were af5 fected by Hurricanes Harvey, Irma, or Maria: Provided, 

6 That the Secretary may use funding provided under this 

7 heading to complete ongoing studies, to initiate and com8 plete up to two authorized studies for assessing regional 

9 flood and storm risks, and to initiate and complete up to 

10 six authorized feasibility studies: Provided further, That 

11 the Secretary shall consider giving priority to studies in 

12 areas that suffered the most damage from these hurri13 canes and to studies in areas that have had multiple major 

14 disaster declarations in recent years: Provided further, 

15 That a report identifying all ongoing studies, authorized 

16 studies for assessing regional flood and storm risks in the 

17 impacted areas, and authorized feasibility studies eligible 

18 for funding under this heading, including identification of 

19 whether each study is in a category to be considered for 

20 priority, shall be submitted to the Committees on Appro21 priations of the House of Representatives and the Senate 

22 not later than 30 days after the date of enactment of this 

23 Act: Provided further, That no allocation shall be made 

24 to initiate any new study until the Secretary submits to 

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1 resentatives and the Senate a list of all new studies se2 lected to be initiated using funds provided under this 

3 heading: Provided further, That such amount is designated 

4 by the Congress as an emergency requirement pursuant 

5 to section 251(b)(2)(A)(i) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985: Provided further, 

7 That beginning not later than 60 days after the date of 

8 enactment of this Act, the Assistant Secretary of the Army 

9 for Civil Works shall provide monthly reports to the Com10 mittees on Appropriations of the House of Representatives 

11 and the Senate detailing the allocation and obligation of 

12 these funds. 

13 CONSTRUCTION

14 For an additional amount for ‘‘Construction’’ for nec15 essary expenses related to the consequences of natural dis16 asters, including Hurricanes Harvey, Irma, and Maria, 

17 $10,480,000,000, to remain available until expended to re18 habilitate, repair, and construct United States Army 

19 Corps of Engineers projects: Provided, That $55,000,000 

20 of the funds provided under this heading shall be used 

21 to address emergency situations at Corps of Engineers 

22 projects, and to rehabilitate and repair damages to Corps 

23 of Engineers projects, caused by natural disasters: Pro24 vided further, That $10,425,000,000 of the funds provided 

25 under this heading shall be used to expedite construction 


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1 of projects for flood and storm damage reduction, includ2 ing shore protection, in areas that were affected by Hurri3 canes Harvey, Irma, or Maria: Provided further, That the 

4 Secretary shall consider giving priority to projects located 

5 in areas that suffered the most damage from these hurri6 canes and to projects located in areas that have had mul7 tiple major disaster declarations in recent years: Provided 

8 further, That funding utilized for authorized shore protec9 tion projects shall restore such projects from the design 

10 level of protection to the full project profile at full Federal 

11 expense: Provided further, That the completion of ongoing 

12 construction projects receiving funds provided under this 

13 heading shall be at full Federal expense with respect to 

14 such funds: Provided further, That upon approval of the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate funds provided under this heading 

17 may be used to construct any project studied using funds 

18 provided under the heading ‘‘Investigations’’ or any 

19 project with a completed Chief’s Report that has not yet 

20 been authorized if the Secretary determines that the 

21 project is technically feasible, economically justified, and 

22 environmentally acceptable: Provided further, That, using 

23 these funds, the non-Federal cash contribution for author24 ized but unconstructed projects, projects with completed 

25 Chief’s Reports that have not yet been authorized, or 


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1 projects that are funded as ongoing studies under the 

2 heading ‘‘Investigations’’ shall be financed in accordance 

3 with the provisions of section 103(k) of Public Law 99– 

4 662 over a period of 30 years from the date of completion 

5 of the project or separable element: Provided further, That 

6 a report identifying all ongoing construction projects, au7 thorized but unconstructed projects, and projects with 

8 completed Chief’s Reports that have not yet been author9 ized, including project cost estimates and identification of 

10 whether each project is in a category to be considered for 

11 priority, shall be submitted to the Committees on Appro12 priations of the House of Representatives and the Senate 

13 not later than 45 days after the date of enactment of this 

14 Act: Provided further, That not more than $500,000,000 

15 of the funds provided to expedite construction shall be 

16 available until such report is submitted: Provided further, 

17 That for projects funded under this heading, the provi18 sions of section 902 of the Water Resources Development 

19 Act of 1986 shall not apply to these funds: Provided fur20 ther, That up to $50,000,000 of the funds provided to ex21 pedite construction shall be used to expedite continuing 

22 authorities projects to reduce the risk of flooding and 

23 storm damage in areas impacted by Hurricanes Harvey, 

24 Irma, or Maria: Provided further, That any projects using 

25 funds appropriated under this heading shall be initiated 


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1 only after non-Federal interests have entered into binding 

2 agreements with the Secretary requiring the non-Federal 

3 interests to pay 100 percent of the operation, mainte4 nance, repair, replacement, and rehabilitation costs of the 

5 project and to hold and save the United States free from 

6 damages due to the construction or operation and mainte7 nance of the project, except for damages due to the fault 

8 or negligence of the United States or its contractors: Pro9 vided further, That such amount is designated by the Con10 gress as an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985: Provided further, That begin13 ning not later than 60 days after the date of enactment 

14 of this Act, the Assistant Secretary of the Army for Civil 

15 Works shall provide monthly reports to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate detailing the allocation and obligation of these 

18 funds. 

19 MISSISSIPPI RIVER AND TRIBUTARIES

20 For an additional amount for ‘‘Mississippi River and 

21 Tributaries’’, $370,000,000, to remain available until ex22 pended, for necessary expenses to dredge navigation 

23 projects in response to, and repair damages to Corps of 

24 Engineers projects caused by, natural disasters: Provided, 

25 That such amount is designated by the Congress as an 


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1 emergency requirement pursuant to section 

2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985: Provided further, That begin4 ning not later than 60 days after the date of enactment 

5 of this Act, the Assistant Secretary of the Army for Civil 

6 Works shall provide monthly reports to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate detailing the allocation and obligation of these 

9 funds. 

10 OPERATION AND MAINTENANCE

11 For an additional amount for ‘‘Operation and Main12 tenance’’ for necessary expenses to dredge navigation 

13 projects in response to, and repair damages to Corps of 

14 Engineers projects caused by, natural disasters, 

15 $608,000,000, to remain available until expended, of 

16 which such sums as are necessary to cover the Federal 

17 share of eligible operation and maintenance costs for 

18 coastal harbors and channels, and for inland harbors shall 

19 be derived from the Harbor Maintenance Trust Fund: 

20 Provided, That such amount is designated by the Congress 

21 as an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985: Provided further, That begin24 ning not later than 60 days after the date of enactment 

25 of this Act, the Assistant Secretary of the Army for Civil 


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1 Works shall provide monthly reports to the Committees 

2 on Appropriations of the House of Representatives and the 

3 Senate detailing the allocation and obligation of these 

4 funds. 

5 FLOOD CONTROL AND COASTAL EMERGENCIES

6 For an additional amount for ‘‘Flood Control and 

7 Coastal Emergencies’’, as authorized by section 5 of the 

8 Act of August 18, 1941 (33 U.S.C. 701n), for necessary 

9 expenses to prepare for flood, hurricane and other natural 

10 disasters and support emergency operations, repairs, and 

11 other activities in response to such disasters, as authorized 

12 by law, $537,000,000, to remain available until expended: 

13 Provided, That such amount is designated by the Congress 

14 as an emergency requirement pursuant to section 

15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985: Provided further, That begin17 ning not later than 60 days after the date of enactment 

18 of this Act, the Assistant Secretary of the Army for Civil 

19 Works shall provide monthly reports to the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate detailing the allocation and obligation of these 

22 funds. 

23 EXPENSES

24 For an additional amount for ‘‘Expenses’’ for nec25 essary expenses related to the consequences of Hurricanes 


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1 Harvey, Irma, and Maria, $20,000,000, to remain avail2 able until expended to oversee emergency response and re3 covery activities: Provided, That such amount is des4 ignated by the Congress as being for an emergency re5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985: 

7 Provided further, That beginning not later than 60 days 

8 after the date of enactment of this Act, the Assistant Sec9 retary of the Army for Civil Works shall provide monthly 

10 reports to the Committees on Appropriations of the House 

11 of Representatives and the Senate detailing the allocation 

12 and obligation of these funds. 

13 DEPARTMENT OF ENERGY 

14 ENERGY PROGRAMS 

15 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

16 For an additional amount for ‘‘Electricity Delivery 

17 and Energy Reliability’’, $13,000,000, to remain available 

18 until expended, for necessary expenses related to natural 

19 disasters, including technical assistance related to electric 

20 grids: Provided, That such amount is designated by the 

21 Congress as an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 


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1 STRATEGIC PETROLEUM RESERVE

2 For an additional amount for ‘‘Strategic Petroleum 

3 Reserve’’, $8,716,000, to remain available until expended, 

4 for necessary expenses related to damages caused by nat5 ural disasters: Provided, That such amount is designated 

6 by the Congress as an emergency requirement pursuant 

7 to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 GENERAL PROVISION—THIS TITLE 

10 SEC. 401. In fiscal year 2018 and each fiscal year 

11 thereafter, the Chief of Engineers of the U.S. Army Corps 

12 of Engineers shall transmit to the Congress, after reason13 able opportunity for comment, but without change, by the 

14 Assistant Secretary of the Army for Civil Works, a month15 ly report, the first of which shall be transmitted to Con16 gress not later than 2 days after the date of enactment 

17 of this Act and monthly thereafter, which includes detailed 

18 estimates of damages to each Corps of Engineers project, 

19 caused by natural disasters or otherwise. 

20 TITLE V 

21 GENERAL SERVICES ADMINISTRATION

22 FEDERAL BUILDINGS FUND

23 For an additional amount to be deposited in the 

24 ‘‘Federal Buildings Fund’’, $126,951,000, to remain 

25 available until expended, for necessary expenses related to 


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1 the consequences of Hurricanes Harvey, Maria, and Irma, 

2 for repair and alteration of buildings under the custody 

3 and control of the Administrator of General Services, and 

4 real property management and related activities not other5 wise provided for: Provided, That funds may be used to 

6 reimburse the ‘‘Federal Buildings Fund’’ for obligations 

7 incurred for this purpose prior to enactment of this Act: 

8 Provided further, That not more than $15,000,000 shall 

9 be available for tenant improvements in damaged U.S. 

10 courthouses: Provided further, That such amount is des11 ignated by the Congress as being for an emergency re12 quirement pursuant to section 251(b)(2)(A)(i) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985. 

14 SMALL BUSINESS ADMINISTRATION

15 DISASTER LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for the ‘‘Small Business 

18 Administration—Disaster Loans Program Account’’ for 

19 the cost of direct loans authorized by section 7(b) of the 

20 Small Business Act, $1,652,000,000, to remain available 

21 until expended: Provided, That up to $618,000,000 may 

22 be transferred to and merged with ‘‘Salaries and Ex23 penses’’ for administrative expenses to carry out the dis24 aster loan program authorized by section 7(b) of the Small 

25 Business Act: Provided further, That none of the funds 


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1 provided under this heading may be used for indirect ad2 ministrative expenses: Provided further, That the amount 

3 provided under this heading is designated by the Congress 

4 as being for an emergency requirement pursuant to sec5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985. 

7 OFFICE OF INSPECTOR GENERAL

8 For an additional amount for the ‘‘Small Business 

9 Administration—Office of Inspector General’’, 

10 $7,000,000, to remain available until expended: Provided, 

11 That such amount is designated by the Congress as being 

12 for an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 TITLE VI 

16 DEPARTMENT OF HOMELAND SECURITY 

17 OFFICE OF INSPECTOR GENERAL

18 OPERATIONS AND SUPPORT

19 For an additional amount for ‘‘Operations and Sup20 port’’ for necessary expenses related to the consequences 

21 of Hurricanes Harvey, Irma, and Maria, $25,000,000, to 

22 remain available until September 30, 2020, for audits and 

23 investigations of activities funded by this title: Provided, 

24 That such amount is designated by the Congress as being 

25 for an emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 U.S. CUSTOMS AND BORDER PROTECTION

4 OPERATIONS AND SUPPORT

5 For an additional amount for ‘‘Operations and Sup6 port’’ for necessary expenses related to the consequences 

7 of Hurricanes Harvey, Irma, and Maria, $104,494,000, 

8 to remain available until September 30, 2019: Provided, 

9 That such amount is designated by the Congress as being 

10 for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985: Provided further, That not 

13 more than $39,400,000 may be used to carry out U.S. 

14 Customs and Border Protection activities in fiscal year 

15 2018 in Puerto Rico and the United States Virgin Islands, 

16 in addition to any other amounts available for such pur17 poses. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For an additional amount for ‘‘Procurement, Con20 struction, and Improvements’’ for necessary expenses re21 lated to the consequences of Hurricanes Harvey, Irma, 

22 and Maria, $3,000,000, to remain available until Sep23 tember 30, 2022: Provided, That such amount is des24 ignated by the Congress as being for an emergency re25 quirement pursuant to section 251(b)(2)(A)(i) of the BalVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 anced Budget and Emergency Deficit Control Act of 1985: 

2 Provided further, That funds are provided to carry out 

3 U.S. Customs and Border Protection activities in Puerto 

4 Rico and the United States Virgin Islands, in addition to 

5 any other amounts available for such purposes. 

6 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

7 OPERATIONS AND SUPPORT

8 For an additional amount for ‘‘Operations and Sup9 port’’ for necessary expenses related to the consequences 

10 of Hurricanes Harvey, Irma, and Maria, $30,905,000, to 

11 remain available until September 30, 2019: Provided, 

12 That such amount is designated by the Congress as being 

13 for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17 For an additional amount for ‘‘Procurement, Con18 struction, and Improvements’’ for necessary expenses re19 lated to the consequences of Hurricanes Harvey, Irma, 

20 and Maria, $33,052,000, to remain available until Sep21 tember 30, 2022: Provided, That such amount is des22 ignated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985. 


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1 TRANSPORTATION SECURITY ADMINISTRATION

2 OPERATIONS AND SUPPORT

3 For an additional amount for ‘‘Operations and Sup4 port’’ for necessary expenses related to the consequences 

5 of Hurricanes Harvey, Irma, and Maria, $10,322,000, to 

6 remain available until September 30, 2019: Provided, 

7 That such amount is designated by the Congress as being 

8 for an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 COAST GUARD

12 OPERATING EXPENSES

13 For an additional amount for ‘‘Operating Expenses’’ 

14 for necessary expenses related to the consequences of Hur15 ricanes Harvey, Irma, and Maria, $112,136,000, to re16 main available until September 30, 2019: Provided, That 

17 such amount is designated by the Congress as being for 

18 an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 ENVIRONMENTAL COMPLIANCE AND RESTORATION

22 For an additional amount for ‘‘Environmental Com23 pliance and Restoration’’ for necessary expenses related 

24 to the consequences of Hurricanes Harvey, Irma, and 

25 Maria, $4,038,000, to remain available until September 


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1 30, 2022: Provided, That such amount is designated by 

2 the Congress as being for an emergency requirement pur3 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

6 For an additional amount for ‘‘Acquisition, Construc7 tion, and Improvements’’ for necessary expenses related 

8 to the consequences of Hurricanes Harvey, Irma, Maria, 

9 and Matthew, $718,919,000, to remain available until 

10 September 30, 2022: Provided, That such amount is des11 ignated by the Congress as being for an emergency re12 quirement pursuant to section 251(b)(2)(A)(i) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985. 

14 FEDERAL EMERGENCY MANAGEMENT AGENCY

15 OPERATIONS AND SUPPORT

16 For an additional amount for ‘‘Operations and Sup17 port’’ for necessary expenses, $58,800,000, to remain 

18 available until September 30, 2019: Provided, That such 

19 amount is designated by the Congress as being for an 

20 emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 

23 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

24 For an additional amount for ‘‘Procurement, Con25 struction, and Improvements’’ for necessary expenses, 


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1 $1,200,000, to remain available until September 30, 2020: 

2 Provided, That such amount is designated by the Congress 

3 as being for an emergency requirement pursuant to sec4 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 DISASTER RELIEF FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Disaster Relief Fund’’ 

9 for major disasters declared pursuant to the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.), $27,500,000,000, to remain 

12 available until expended: Provided, That the Adminis13 trator of the Federal Emergency Management Agency 

14 shall publish on the Agency’s website not later than 5 days 

15 after an award of a public assistance grant under section 

16 406 or 428 of the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (42 U.S.C. 5172 or 5189f) that 

18 is in excess of $1,000,000, the specifics of each such grant 

19 award: Provided further, That for any mission assignment 

20 or mission assignment task order to another Federal de21 partment or agency regarding a major disaster in excess 

22 of $1,000,000, not later than 5 days after the issuance 

23 of such mission assignment or mission assignment task 

24 order, the Administrator shall publish on the Agency’s 

25 website the following: the name of the impacted State, the 


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1 disaster declaration for such State, the assigned agency, 

2 the assistance requested, a description of the disaster, the 

3 total cost estimate, and the amount obligated: Provided 

4 further, That not later than 10 days after the last day 

5 of each month until a mission assignment or mission as6 signment task order described in the preceding proviso is 

7 completed and closed out, the Administrator shall update 

8 any changes to the total cost estimate and the amount 

9 obligated: Provided further, That for a disaster declaration 

10 related to Hurricanes Harvey, Irma, or Maria, the Admin11 istrator shall submit to the Committees on Appropriations 

12 of the House of Representatives and the Senate, not later 

13 than 5 days after the first day of each month beginning 

14 after the date of enactment of this Act, and shall publish 

15 on the Agency’s website, not later than 10 days after the 

16 first day of each such month, an estimate or actual 

17 amount, if available, for the current fiscal year of the cost 

18 of the following categories of spending: public assistance, 

19 individual assistance, operations, mitigation, administra20 tive, and any other relevant category (including emergency 

21 measures and disaster resources): Provided further, That 

22 not later than 10 days after the first day of each month, 

23 the Administrator shall publish on the Agency’s website 

24 the report (referred to as the Disaster Relief Monthly Re25 port) as required by Public Law 114–4. 


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1 Of the amounts provided under this heading for the 

2 Disaster Relief Fund, up to $4,000,000,000 may be trans3 ferred to the Disaster Assistance Direct Loan Program 

4 Account for the cost of direct loans as authorized under 

5 section 417 of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5184) to be used 

7 to assist local governments in providing essential services 

8 as a result of Hurricanes Harvey, Irma, or Maria: Pro9 vided further, That such amounts may subsidize gross obli10 gations for the principal amount of direct loans not to ex11 ceed $4,000,000,000 under section 417 of the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5184): Provided further, That notwithstanding 

14 section 417 of the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5184), a territory 

16 or possession, and instrumentalities and local governments 

17 thereof, of the United States shall be deemed to be a local 

18 government for purposes of this paragraph: Provided fur19 ther, That notwithstanding section 417(b) of the Robert 

20 T. Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5184(b)), the amount of any such loan issued 

22 to a territory or possession, and instrumentalities and 

23 local governments thereof, may be based on the projected 

24 loss of tax and other revenues and on projected cash out25 lays not previously budgeted for a period not to exceed 


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1 180 days from the date of the major disaster, and may 

2 exceed $5,000,000: Provided further, That notwith3 standing any other provision of law or the constitution of 

4 a territory or possession that limits the issuance of debt, 

5 a territory or possession, and instrumentalities and local 

6 governments thereof, may each receive more than one loan 

7 with repayment provisions and other terms specific to the 

8 type of lost tax and other revenues and on projected 

9 unbudgeted cash outlays for which the loan is provided: 

10 Provided further, That notwithstanding section 417(c)(1) 

11 of the Robert T. Stafford Disaster Relief and Emergency 

12 Assistance Act (42 U.S.C. 5184(c)(1)), loans to a territory 

13 or possession, and instrumentalities and local governments 

14 thereof, may be cancelled in whole or in part only at the 

15 discretion of the Secretary of Homeland Security in con16 sultation with the Secretary of the Treasury: Provided fur17 ther, That notwithstanding any other provision of law, the 

18 Secretary of Homeland Security, in consultation with the 

19 Secretary of the Treasury, shall determine the terms, con20 ditions, eligible uses, and timing and amount of Federal 

21 disbursements of loans issued to a territory or possession, 

22 and instrumentalities and local governments thereof: Pro23 vided further, That such costs, including the cost of modi24 fying such loans, shall be as defined in section 502 of the 

25 Congressional Budget Act of 1974 (2 U.S.C. 661a): ProVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 vided further, That the Federal Emergency Management 

2 Agency may transfer up to 1.5 percent of the amount 

3 under this paragraph to the Disaster Assistance Direct 

4 Loan Program Account for administrative expenses to 

5 carry out under this paragraph the direct loan program, 

6 as authorized by section 417 of the Robert T. Stafford 

7 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

8 5184): Provided further, That of the amount provided 

9 under this paragraph for transfer, up to $150,000,000 

10 may be transferred to the Disaster Assistance Direct Loan 

11 Program Account for the cost to lend a territory or posses12 sion of the United States that portion of assistance for 

13 which the territory or possession is responsible under the 

14 cost-sharing provisions of the major disaster declaration 

15 for Hurricanes Irma or Maria, as authorized under section 

16 319 of the Robert T. Stafford Disaster Relief and Emer17 gency Assistance Act (42 U.S.C. 5162): Provided further, 

18 That of the amount provided under this paragraph for 

19 transfer, up to $1,000,000 may be transferred to the Dis20 aster Assistance Direct Loan Program Account for admin21 istrative expenses to carry out the Advance of Non-Fed22 eral Share program, as authorized by section 319 of the 

23 Robert T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5162): Provided further, That the 

25 amount provided under this heading is designated by the 


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1 Congress as being for an emergency requirement pursuant 

2 to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 FEDERAL LAW ENFORCEMENT TRAINING CENTERS

5 OPERATIONS AND SUPPORT

6 For an additional amount for ‘‘Operations and Sup7 port’’ for necessary expenses related to the consequences 

8 of Hurricanes Harvey, Irma, and Maria, $5,374,000, to 

9 remain available until September 30, 2019: Provided, 

10 That such amount is designated by the Congress as being 

11 for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

15 For an additional amount for ‘‘Procurement, Con16 struction, and Improvements’’ for necessary expenses re17 lated to the consequences of Hurricanes Harvey, Irma, 

18 and Maria, $5,000,000, to remain available until Sep19 tember 30, 2022: Provided, That such amount is des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 

23 GENERAL PROVISIONS—THIS TITLE 

24 SEC. 601. The Administrator of the Federal Emer25 gency Management Agency may provide assistance, pursuVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 ant to section 428 of the Robert T. Stafford Disaster Re2 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

3 seq.), for critical services as defined in section 406 of the 

4 Robert T. Stafford Disaster Relief and Emergency Assist5 ance Act for the duration of the recovery for incidents 

6 DR–4336–PR, DR–4339–PR, DR–4340–USVI, and DR– 

7 4335–USVI to— 

8 (1) replace or restore the function of a facility 

9 or system to industry standards without regard to 

10 the pre-disaster condition of the facility or system; 

11 and 

12 (2) replace or restore components of the facility 

13 or system not damaged by the disaster where nec14 essary to fully effectuate the replacement or restora15 tion of disaster-damaged components to restore the 

16 function of the facility or system to industry stand17 ards. 

18 SEC. 602. (a) The Federal share of assistance, in19 cluding direct Federal assistance, provided under section 

20 407 of the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5173), with respect to 

22 a major disaster declared pursuant to such Act for dam23 ages resulting from a wildfire in calendar year 2017, shall 

24 be 90 percent of the eligible costs under such section. 


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1 (b) The Federal share provided by subsection (a) 

2 shall apply to assistance provided before, on, or after the 

3 date of enactment of this Act. 

4 TITLE VII 

5 DEPARTMENT OF THE INTERIOR 

6 FISH AND WILDLIFE SERVICE

7 CONSTRUCTION

8 For an additional amount for ‘‘Construction’’ for nec9 essary expenses related to the consequences of Hurricanes 

10 Harvey, Irma, and Maria, $210,629,000, to remain avail11 able until expended: Provided, That such amount is des12 ignated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 

15 NATIONAL PARK SERVICE

16 HISTORIC PRESERVATION FUND

17 For an additional amount for the ‘‘Historic Preserva18 tion Fund’’ for necessary expenses related to the con19 sequences of Hurricanes Harvey, Irma, and Maria, 

20 $17,500,000, to remain available until September 30, 

21 2019, including costs to States necessary to complete com22 pliance activities required by section 306108 of title 54, 

23 United States Code (formerly section 106 of the National 

24 Historic Preservation Act), and costs needed to administer 

25 the program: Provided, That grants shall only be available 


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1 for areas that have received a major disaster declaration 

2 pursuant to the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (42 U.S.C. 5121 et seq.): Pro4 vided further, That individual grants shall not be subject 

5 to a non-Federal matching requirement: Provided further, 

6 That such amount is designated by the Congress as being 

7 for an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 CONSTRUCTION

11 For an additional amount for ‘‘Construction’’ for nec12 essary expenses related to the consequences of Hurricanes 

13 Harvey, Irma, and Maria, $207,600,000, to remain avail14 able until expended: Provided, That such amount is des15 ignated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 UNITED STATES GEOLOGICAL SURVEY

19 SURVEYS, INVESTIGATIONS, AND RESEARCH

20 For an additional amount for ‘‘Surveys, Investiga21 tions, and Research’’ for necessary expenses related to the 

22 consequences of Hurricanes Harvey, Irma, and Maria, and 

23 in those areas impacted by a major disaster declared pur24 suant to the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5121 et seq.) with reVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 spect to wildfires in 2017, $42,246,000, to remain avail2 able until expended: Provided, That such amount is des3 ignated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 DEPARTMENTAL OFFICES

7 INSULAR AFFAIRS

8 ASSISTANCE TO TERRITORIES

9 For an additional amount for ‘‘Technical Assistance’’ 

10 for financial management expenses related to the con11 sequences of Hurricanes Irma and Maria, $3,000,000, to 

12 remain available until expended: Provided, 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 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and Ex20 penses’’ for necessary expenses related to the con21 sequences of Hurricanes Harvey, Irma, and Maria, 

22 $2,500,000, to remain available until expended: Provided, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 ENVIRONMENTAL PROTECTION AGENCY 

4 HAZARDOUS SUBSTANCE SUPERFUND

5 For an additional amount for ‘‘Hazardous Substance 

6 Superfund’’ for necessary expenses related to the con7 sequences of Hurricanes Harvey, Irma, and Maria, 

8 $6,200,000, to remain available until expended: Provided, 

9 That such amount is designated by the Congress as being 

10 for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 LEAKING UNDERGROUND STORAGE TANK FUND

14 For an additional amount for ‘‘Leaking Underground 

15 Storage Tank Fund’’ for necessary expenses related to the 

16 consequences of Hurricanes Harvey, Irma, and Maria, 

17 $7,000,000, to remain available until expended: Provided, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 


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1 DEPARTMENT OF AGRICULTURE 

2 FOREST SERVICE 

3 STATE AND PRIVATE FORESTRY

4 For an additional amount for ‘‘State and Private 

5 Forestry’’ for necessary expenses related to the con6 sequences of Hurricanes Harvey, Irma, and Maria, 

7 $7,500,000, to remain available until expended: Provided, 

8 That such amount is designated by the Congress as being 

9 for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 NATIONAL FOREST SYSTEM

13 For an additional amount for ‘‘National Forest Sys14 tem’’ for necessary expenses related to the consequences 

15 of Hurricanes Harvey, Irma, and Maria, $20,652,000, to 

16 remain available until expended: Provided, That such 

17 amount is designated by the Congress as being for an 

18 emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 CAPITAL IMPROVEMENT AND MAINTENANCE

22 For an additional amount for ‘‘Capital Improvement 

23 and Maintenance’’ for necessary expenses related to the 

24 consequences of Hurricanes Harvey, Irma, and Maria, and 

25 the 2017 fire season, $91,600,000, to remain available 


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1 until expended: Provided, That such amount is designated 

2 by the Congress as being for an emergency requirement 

3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985. 

5 GENERAL PROVISION—THIS TITLE 

6 SEC. 701. Agencies receiving funds appropriated by 

7 this title shall each provide a monthly report to the Com8 mittees on Appropriations of the House of Representatives 

9 and the Senate detailing the allocation and obligation of 

10 these funds by account, beginning not later than 90 days 

11 after enactment of this Act. 

12 TITLE VIII 

13 DEPARTMENT OF LABOR 

14 EMPLOYMENT AND TRAINING ADMINISTRATION

15 TRAINING AND EMPLOYMENT SERVICES

16 (INCLUDING TRANSFERS OF FUNDS)

17 For an additional amount for ‘‘Training and Employ18 ment Services’’, $30,000,000, for the dislocated workers 

19 assistance national reserve for necessary expenses directly 

20 related to the consequences of Hurricanes Harvey, Maria, 

21 and Irma or the calendar year 2017 wildfires with major 

22 disaster or emergency declarations under titles IV or V 

23 of the Robert T. Stafford Disaster Relief and Emergency 

24 Assistance Act in calendar year 2017, which shall remain 

25 available until September 30, 2019: Provided, That these 


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1 sums may be used to replace grant funds previously obli2 gated to the impacted areas: 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 JOB CORPS

8 For an additional amount for ‘‘Job Corps’’ for con9 struction, rehabilitation and acquisition for Job Corps 

10 Centers in Puerto Rico, $30,900,000, which shall be avail11 able through June 30, 2021: Provided, That such amount 

12 is designated by the Congress as being for an emergency 

13 requirement pursuant to section 251(b)(2)(A)(i) of the 

14 Balanced Budget and Emergency Deficit Control Act of 

15 1985. 

16 DEPARTMENT OF HEALTH AND HUMAN 

17 SERVICES 

18 CENTERS FOR DISEASE CONTROL AND PREVENTION

19 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘CDC-Wide Activities 

22 and Program Support’’, $200,000,000, to remain avail23 able until expended, for response, recovery, preparation, 

24 mitigation, and other expenses directly related to the con25 sequences of Hurricanes Harvey, Irma, or Maria: ProVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 vided, That obligations incurred for the purposes provided 

2 herein prior to the date of enactment of this Act may be 

3 charged to funds appropriated by this paragraph: Provided 

4 further, That of the amount provided, not less than 

5 $6,000,000 shall be transferred to the ‘‘Buildings and Fa6 cilities’’ account for the purposes provided herein: Pro7 vided further, That such amount is designated by the Con8 gress as being for an emergency requirement pursuant to 

9 section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 OFFICE OF THE SECRETARY

12 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

13 FUND

14 (INCLUDING TRANSFERS OF FUNDS)

15 For an additional amount for the ‘‘Public Health and 

16 Social Services Emergency Fund’’, $177,000,000, to re17 main available until expended, for response, recovery, 

18 preparation, mitigation and other expenses directly related 

19 to the consequences of Hurricanes Harvey, Irma, or 

20 Maria, including activities authorized under section 319(a) 

21 of the Public Health Service Act (referred to in this title 

22 as the ‘‘PHS Act’’): Provided, That $60,000,000 shall be 

23 transferred to ‘‘Health Resources and Services Adminis24 tration—Primary Health Care’’, for expenses related to 

25 the consequences of Hurricanes Harvey, Irma, or Maria 


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1 for disaster response and recovery, for the Health Centers 

2 Program under section 330 of the PHS Act: Provided fur3 ther, That not less than $50,000,000, of amounts trans4 ferred under the preceding proviso, shall be available for 

5 alteration, renovation, construction, equipment, and other 

6 capital improvement costs as necessary to meet the needs 

7 of areas affected by Hurricanes Harvey, Irma, or Maria: 

8 Provided further, That the time limitation in section 

9 330(e)(3) of the PHS Act shall not apply to funds made 

10 available under the preceding proviso: Provided further, 

11 That not less than $20,000,000 shall be transferred to 

12 ‘‘Substance Abuse and Mental Health Services Adminis13 tration—Health Surveillance and Program Support’’ for 

14 grants, contracts, and cooperative agreements for behav15 ioral health treatment, crisis counseling, and other related 

16 helplines, and for other similar programs to provide sup17 port to individuals impacted by Hurricanes Harvey, Irma, 

18 or Maria: Provided further, That up to $2,000,000 shall 

19 be transferred to ‘‘Office of the Secretary—Office of In20 spector General’’ for oversight of activities responding to 

21 such hurricanes: Provided further, That obligations in22 curred for the purposes provided herein prior to the date 

23 of enactment of this Act may be charged to funds appro24 priated under this heading: Provided further, That of the 

25 funds appropriated in this paragraph, $15,000,000 shall 


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1 be transferred to the ‘‘National Institutes of Health—Of2 fice of the Director’’ for the purposes provided in this 

3 paragraph: Provided further, That funds transferred to the 

4 National Institutes of Health for the purpose of sup5 porting the repair or rebuilding of non-Federal biomedical 

6 or behavioral research facilities damaged as a result of 

7 Hurricanes Harvey, Irma, or Maria shall be used to award 

8 grants or contracts for such purpose under section 404I 

9 of the Public Health Service Act: Provided further, That 

10 section 404I(c)(2) of such Act does not apply to the use 

11 of funds described in the preceding proviso: Provided fur12 ther, That funds appropriated in this paragraph shall not 

13 be available for costs that are reimbursed by the Federal 

14 Emergency Management Agency, under a contract for in15 surance, or by self-insurance: Provided further, That such 

16 additional amount is designated by the Congress as being 

17 for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 CHILDREN AND FAMILIES SERVICES PROGRAMS

22 For an additional amount for ‘‘Children and Families 

23 Services Programs’’, $650,000,000, to remain available 

24 until September 30, 2021, for Head Start programs, for 

25 necessary expenses directly related to the consequences of 


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1 Hurricanes Harvey, Irma, or Maria, including making 

2 payments under the Head Start Act: Provided, That none 

3 of the funds appropriated in this paragraph shall be in4 cluded in the calculation of the ‘‘base grant’’ in subsequent 

5 fiscal years, as such term is defined in sections 

6 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head 

7 Start Act: Provided further, That funds appropriated in 

8 this paragraph are not subject to the allocation require9 ments of section 640(a) of the Head Start Act: Provided 

10 further, That funds appropriated in this paragraph shall 

11 not be available for costs that are reimbursed by the Fed12 eral Emergency Management Agency, under a contract for 

13 insurance, or by self-insurance: Provided further, That up 

14 to $10,000,000 shall be available for Federal administra15 tive expenses: Provided further, That obligations incurred 

16 for the purposes provided herein prior to the date of enact17 ment of this Act may be charged to funds appropriated 

18 under this heading: Provided further, That such additional 

19 amount is designated by the Congress as being for an 

20 emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 


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1 DEPARTMENT OF EDUCATION 

2 HURRICANE EDUCATION RECOVERY

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Hurricane Education 

5 Recovery’’ for assisting in meeting the educational needs 

6 of individuals affected by Hurricanes Harvey, Irma, or 

7 Maria, or calendar year 2017 wildfires for which the Presi8 dent declared a major disaster or emergency under section 

9 401 or 501 of the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 

11 5191) (referred to herein as a ‘‘covered disaster or emer12 gency’’), $2,900,000,000, to remain available through 

13 September 30, 2021: Provided, That such additional 

14 amount is designated by the Congress as being for an 

15 emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985: Provided further, That— 

18 (1) such funds shall be used— 

19 (A) to make awards, which shall be avail20 able until expended, to eligible entities for im21 mediate aid to restart school operations, in ac22 cordance with paragraph (2); 

23 (B) for temporary emergency impact aid 

24 for displaced students, in accordance with para25 graph (2); 


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1 (C) for emergency assistance to institu2 tions of higher education and students attend3 ing institutions of higher education in an area 

4 directly affected by a covered disaster or emer5 gency in accordance with paragraph (3); 

6 (D) for payments to institutions of higher 

7 education to help defray the unexpected ex8 penses associated with enrolling displaced stu9 dents from institutions of higher education di10 rectly affected by a covered disaster or emer11 gency, in accordance with paragraph (4); and 

12 (E) to provide assistance to local edu13 cational agencies serving homeless children and 

14 youth in accordance with paragraph (5); 

15 (2) immediate aid to restart school operations 

16 and temporary emergency impact aid for displaced 

17 students described in subparagraphs (A) and (B) of 

18 paragraph (1) shall be provided under the statutory 

19 terms and conditions that applied to assistance 

20 under sections 102 and 107 of title IV of division B 

21 of Public Law 109–148, respectively, including the 

22 nondiscrimination provisions under section 107(m), 

23 except that such sections shall be applied so that— 

24 (A) each reference to a major disaster de25 clared in accordance with section 401 of the 


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1 Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act (42 U.S.C. 5170) shall be 

3 to a major disaster or emergency declared by 

4 the President in accordance with section 401 or 

5 501, respectively, of such Act; 

6 (B) each reference to Hurricane Katrina 

7 or Hurricane Rita shall be a reference to a cov8 ered disaster or emergency; 

9 (C) each reference to August 22, 2005, 

10 when used in relation to a covered disaster or 

11 emergency, shall be to the date that is one week 

12 prior to the date on which the major disaster or 

13 emergency was declared for the area; 

14 (D) each reference to the States of Lou15 isiana, Mississippi, Alabama, and Texas shall be 

16 to the States or territories affected by a covered 

17 disaster or emergency, and each reference to 

18 the State educational agencies of Louisiana, 

19 Mississippi, Alabama, or Texas shall be a ref20 erence to the State educational agencies that 

21 serve the states or territories affected by a cov22 ered disaster or emergency; 

23 (E) each reference to the 2005–2006 

24 school year shall be to the 2017–2018 school 

25 year; 


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1 (F) the references in section 102(h)(1) of 

2 title IV of division B of Public Law 109–148 to 

3 the number of non-public elementary schools 

4 and secondary schools in the State shall be to 

5 the number of students in non-public elemen6 tary schools and secondary schools in the State, 

7 and the reference in such section to the 2003– 

8 2004 school year shall be to the most recent 

9 data set for the 2016–2017 school year; 

10 (G) in determining the amount of imme11 diate aid provided to restart school operations 

12 as described in section 102(b) of title IV of di13 vision B of Public Law 109–148, the Secretary 

14 shall consider the number of students enrolled, 

15 during the 2016–2017 school year, in elemen16 tary schools and secondary schools that were 

17 closed as a result of a covered disaster or emer18 gency; 

19 (H) in determining the amount of emer20 gency impact aid that a State educational agen21 cy is eligible to receive under paragraph (1)(B), 

22 the Secretary shall, subject to section 

23 107(d)(1)(B) of such title, provide— 

24 (i) $9,000 for each displaced student 

25 who is an English learner, as that term is 


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1 defined in section 8101 of the Elementary 

2 and Secondary Education Act of 1965 (20 

3 U.S.C. 7801); 

4 (ii) $10,000 for each displaced stu5 dent who is a child with disability (regard6 less of whether the child is an English 

7 learner); and 

8 (iii) $8,500 for each displaced student 

9 who is not a child with a disability or an 

10 English learner; and 

11 (I) with respect to the emergency impact 

12 aid provided under paragraph (1)(B), the Sec13 retary may modify the State educational agency 

14 and local educational agency application 

15 timelines in section 107(c) of such title; 

16 (3) up to $200,000,000 of the funds made 

17 available under this heading shall be for programs 

18 authorized under subpart 3 of part A and part C of 

19 title IV and part B of title VII of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1087–51 et seq., 

21 1138 et seq.) for institutions located in an area af22 fected by a covered disaster or emergency, and stu23 dents enrolled in such institutions, except that— 

24 (A) any requirements relating to matching, 

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1 nance of effort under such parts that would 

2 otherwise be applicable to that assistance shall 

3 not apply; 

4 (B) such assistance may be used for stu5 dent financial assistance; 

6 (C) such assistance may also be used for 

7 faculty and staff salaries, equipment, student 

8 supplies and instruments, or any purpose au9 thorized under the Higher Education Act of 

10 1965, by institutions of higher education that 

11 are located in areas affected by a covered dis12 aster or emergency; and 

13 (D) the Secretary shall prioritize, to the 

14 extent possible, students who are homeless or at 

15 risk of becoming homeless as a result of dis16 placement, and institutions that have sustained 

17 extensive damage, by a covered disaster or 

18 emergency; 

19 (4) up to $120,000,000 of the funds made 

20 available under this heading shall be for payments to 

21 institutions of higher education to help defray the 

22 unexpected expenses associated with enrolling dis23 placed students from institutions of higher education 

24 at which operations have been disrupted by a cov25 ered disaster or emergency, in accordance with criVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 teria established by the Secretary and made publicly 

2 available; 

3 (5) $25,000,000 of the funds made available 

4 under this heading shall be available to provide as5 sistance to local educational agencies serving home6 less children and youths displaced by a covered dis7 aster or emergency, consistent with section 723 of 

8 the McKinney-Vento Homeless Assistance Act (42 

9 U.S.C. 11431–11435) and with section 106 of title 

10 IV of division B of Public Law 109–148, except that 

11 funds shall be disbursed based on demonstrated need 

12 and the number of homeless children and youth en13 rolled as a result of displacement by a covered dis14 aster or emergency; 

15 (6) section 437 of the General Education Provi16 sions Act (20 U.S.C. 1232) and section 553 of title 

17 5, United States Code, shall not apply to activities 

18 under this heading; 

19 (7) $4,000,000 of the funds made available 

20 under this heading, to remain available through Sep21 tember 30, 2021, shall be transferred to the Office 

22 of the Inspector General of the Department of Edu23 cation for oversight of activities supported with 

24 funds appropriated under this heading, and up to 

25 $3,000,000 of the funds made available under this 


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1 heading, to remain available through September 30, 

2 2019, shall be for program administration; 

3 (8) up to $35,000,000 of the funds made avail4 able under this heading shall be to carry out activi5 ties authorized under section 4631(b) of the Elemen6 tary and Secondary Education Act of 1965 (20 

7 U.S.C. 7281(b)); and 

8 (9) the Secretary may waive, modify, or provide 

9 extensions for certain requirements of the Higher 

10 Education Act of 1965 (20 U.S.C. 1001 et seq.) for 

11 affected individuals, affected students, and affected 

12 institutions in covered disaster or emergency areas 

13 in the same manner as the Secretary was authorized 

14 to waive, modify, or provide extensions for certain 

15 requirements of such Act under provisions of subtitle 

16 B of title IV of division B of Public Law 109–148 

17 for affected individuals, affected students, and af18 fected institutions in areas affected by Hurricane 

19 Katrina and Hurricane Rita, except that the cost as20 sociated with any action taken by the Secretary 

21 under this paragraph is designated by the Congress 

22 as being for an emergency requirement pursuant to 

23 section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS—THIS TITLE 

2 (INCLUDING TRANSFERS OF FUNDS)

3 SEC. 801. (a) Notwithstanding section 133(b)(4) of 

4 the Workforce Innovation and Opportunity Act, in States, 

5 as defined by section 3(56) of such Act, affected by Hurri6 canes Harvey, Irma, and Maria, a local board, as defined 

7 by section 3(33) of such Act, in a local area, as defined 

8 by section 3(32) of such Act, affected by such Hurricanes 

9 may transfer, if such transfer is approved by the Gov10 ernor, up to 100 percent of the funds allocated to the local 

11 area for Program Years 2016 and 2017 for Youth Work12 force Investment activities under paragraphs (2) or (3) of 

13 section 128(b) of such Act, for Adult employment and 

14 training activities under paragraphs (2)(A) or (3) of sec15 tion 133(b) of such Act, or for Dislocated Worker employ16 ment and training activities under paragraph (2)(B) of 

17 section 133(b) of such Act among— 

18 (1) adult employment and training activities; 

19 (2) dislocated worker employment and training 

20 activities; and 

21 (3) youth workforce investment activities. 

22 (b) Except for the funds reserved to carry out re23 quired statewide activities under sections 127(b) and 

24 134(a)(2) of the Workforce Innovation and Opportunity 

25 Act, the Governor of the United States Virgin Islands may 


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1 authorize the transfer of up to 100 percent of the remain2 ing funds provided to the United States Virgin Islands for 

3 Program Years 2016 and 2017 for Youth Workforce In4 vestment activities under section 127(b)(1)(B) of such 

5 Act, for Adult employment and training activities under 

6 section 132(b)(1)(A) of such Act, or for Dislocated Work7 er employment and training activities under section 

8 133(b)(2)(A)) of such Act among— 

9 (1) adult employment and training activities; 

10 (2) dislocated worker employment and training activi11 ties; and 

12 (3) youth workforce investment activities. 

13 SEC. 802. Funds appropriated by this title may be 

14 transferred to, and merged with, other appropriation ac15 counts under the headings ‘‘Centers for Disease Control 

16 and Prevention’’ and ‘‘Public Health and Social Services 

17 Emergency Fund’’ for the purposes specified in this title 

18 following consultation with the Office of Management and 

19 Budget: Provided, That the Committees on Appropriations 

20 in the House of Representatives and the Senate shall be 

21 notified 10 days in advance of any such transfer: Provided 

22 further, That, upon a determination that all or part of the 

23 funds transferred from an appropriation are not nec24 essary, such amounts may be transferred back to that ap25 propriation: Provided further, That none of the funds 


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1 made available by this title may be transferred pursuant 

2 to the authority in section 205 of division H of Public Law 

3 115–31 or section 241(a) of the PHS Act. 

4 SEC. 803. (a) As the Secretary of Health and Human 

5 Services determines necessary to respond to a critical hir6 ing need for emergency response positions, after providing 

7 public notice and without regard to the provisions of sec8 tions 3309 through 3319 of title 5, United States Code, 

9 the Secretary may appoint candidates directly to the fol10 lowing positions to perform critical work directly relating 

11 to the consequences of Hurricanes Harvey, Irma, or 

12 Maria: 

13 (1) Intermittent disaster-response personnel in 

14 the National Disaster Medical System, under section 

15 2812 of the PHS Act (42 U.S.C. 300hh–11). 

16 (2) Term or temporary appointments at the 

17 Centers for Disease Control and Prevention and the 

18 Office of the Assistant Secretary for Preparedness 

19 and Response. 

20 (b) The authority under subsection (a) shall expire 

21 270 days after the date of enactment of this section. 

22 SEC. 804. Notwithstanding any other provision of 

23 law, the interest payment of the United States Virgin Is24 lands that was due under section 1202(b)(1) of the Social 

25 Security Act on September 29, 2017, shall not be due until 


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1 September 28, 2018, and no interest shall accrue on such 

2 amount through September 28, 2018. 

3 SEC. 805. Agencies receiving funds appropriated by 

4 this title shall each provide a monthly report to the Com5 mittees on Appropriations of the House of Representatives 

6 and the Senate detailing the allocation and obligation of 

7 these funds by account, beginning not later than 90 days 

8 after enactment of this Act. 

9 TITLE IX 

10 GOVERNMENT ACCOUNTABILITY OFFICE

11 SALARIES AND EXPENSES

12 For an additional amount for the Government Ac13 countability Office for ‘‘Salaries and Expenses’’, 

14 $14,000,000, to remain available until expended, for au15 dits and investigations relating to Hurricanes Harvey, 

16 Irma, and Maria and the calendar year 2017 wildfires: 

17 Provided, That not later than 180 days after the date of 

18 enactment of this Act, GAO shall submit to Congress a 

19 report describing the United States Virgin Island’s eco20 nomic and disaster recovery plan that defines the prior21 ities, goals, and expected outcomes of the recovery effort 

22 based on damage assessments prepared pursuant to Fed23 eral law: Provided further, That GAO shall report on the 

24 internal control plans that are in place to provide oversight 

25 of Federal disaster funds to be used in recovery activities 


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1 in the United States Virgin Islands, identify any defi2 ciencies in such plans, and provide recommendations to 

3 address noted deficiencies: Provided further, That such 

4 amount is designated by the Congress as being for an 

5 emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 TITLE X 

9 DEPARTMENT OF DEFENSE 

10 MILITARY CONSTRUCTION 

11 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

12 For an additional amount for ‘‘Military Construction, 

13 Navy and Marine Corps’’, $201,636,000, to remain avail14 able until September 30, 2022, for necessary expenses re15 lated to the consequences of Hurricanes Harvey, Irma, 

16 and Maria: Provided, That none of the funds made avail17 able to the Navy and Marine Corps for recovery efforts 

18 related to Hurricanes Harvey, Irma, and Maria in this di19 vision shall be available for obligation until the Commit20 tees on Appropriations of the House of Representatives 

21 and the Senate receive form 1391 for each specific re22 quest: Provided further, That, not later than 60 days after 

23 enactment of this Act, the Secretary of the Navy, or his 

24 designee, shall submit to the Committees on Appropria25 tions of House of Representatives and the Senate a deVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 tailed expenditure plan for funds provided under this 

2 heading: Provided further, That such funds may be obli3 gated or expended for planning and design and military 

4 construction projects not otherwise authorized by law: 

5 Provided further, That such amount is designated by the 

6 Congress as being for an emergency requirement pursuant 

7 to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 For an additional amount for ‘‘Military Construction, 

11 Army National Guard’’, $519,345,000, to remain available 

12 until September 30, 2022, for necessary expenses related 

13 to the consequences of Hurricanes Harvey, Irma, and 

14 Maria: Provided, That none of the funds made available 

15 to the Army National Guard for recovery efforts related 

16 to Hurricanes Harvey, Irma, and Maria in this division 

17 shall be available for obligation until the Committees on 

18 Appropriations of the House of Representatives and the 

19 Senate receive form 1391 for each specific request: Pro20 vided further, That, not later than 60 days after enact21 ment of this Act, the Director of the Army National 

22 Guard, or his designee, shall submit to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate a detailed expenditure plan for funds provided 

25 under this heading: Provided further, That such funds may 


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1 be obligated or expended for planning and design and mili2 tary construction projects not otherwise authorized by law: 

3 Provided further, 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 DEPARTMENT OF VETERANS AFFAIRS 

8 VETERANS HEALTH ADMINISTRATION 

9 MEDICAL SERVICES

10 For an additional amount for ‘‘Medical Services’’, 

11 $11,075,000, to remain available until September 30, 

12 2019, for necessary expenses related to the consequences 

13 of Hurricanes Harvey, Irma, and Maria: Provided, That 

14 such amount is designated by the Congress as being for 

15 an emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 MEDICAL SUPPORT AND COMPLIANCE

19 For an additional amount for ‘‘Medical Support and 

20 Compliance’’, $3,209,000, to remain available until Sep21 tember 30, 2019, for necessary expenses related to the 

22 consequences of Hurricanes Harvey, Irma, and Maria: 

23 Provided, That such amount is designated by the Congress 

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 MEDICAL FACILITIES

4 For an additional amount for ‘‘Medical Facilities’’, 

5 $75,108,000, to remain available until September 30, 

6 2022, for necessary expenses related to the consequences 

7 of Hurricanes Harvey, Irma, and Maria: Provided, That 

8 none of these funds shall be available for obligation until 

9 the Secretary of Veterans Affairs submits to the Commit10 tees on Appropriations of the House of Representatives 

11 and the Senate a detailed expenditure plan for funds pro12 vided 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 DEPARTMENTAL ADMINISTRATION

18 CONSTRUCTION, MINOR PROJECTS

19 For an additional amount for ‘‘Construction, Minor 

20 Projects’’, $4,088,000, to remain available until Sep21 tember 30, 2022, for necessary expenses related to the 

22 consequences of Hurricanes Harvey, Irma, and Maria: 

23 Provided, That such amount is designated by the Congress 

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 GENERAL PROVISION—THIS TITLE 

4 SEC. 1001. Notwithstanding section 18236(b) of title 

5 10, United States Code, the Secretary of Defense shall 

6 contribute to Puerto Rico 100 percent of the total cost 

7 of construction (including the cost of architectural, engi8 neering and design services) for the acquisition, construc9 tion, expansion, rehabilitation, or conversion of the Arroyo 

10 readiness center under paragraph (5) of section 18233(a) 

11 of title 10, United States Code. 

12 TITLE XI 

13 DEPARTMENT OF TRANSPORTATION 

14 FEDERAL AVIATION ADMINISTRATION

15 OPERATIONS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For an additional amount for ‘‘Operations’’, 

18 $35,000,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until expended, for 

20 necessary expenses related to the consequences of hurri21 canes occurring in calendar year 2017: Provided, That 

22 such amount is designated by the Congress as being for 

23 an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For an additional amount for ‘‘Facilities and Equip4 ment’’, $79,589,000, to be derived from the Airport and 

5 Airway Trust Fund and to remain available until ex6 pended, for necessary expenses related to the consequences 

7 of hurricanes occurring in calendar year 2017: Provided, 

8 That such amount is designated by the Congress as being 

9 for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 FEDERAL HIGHWAY ADMINISTRATION

13 FEDERAL-AID HIGHWAYS

14 EMERGENCY RELIEF PROGRAM

15 For an additional amount for the Emergency Relief 

16 Program as authorized under section 125 of title 23, 

17 United States Code, $1,374,000,000, to remain available 

18 until expended: Provided, That notwithstanding section 

19 125(d)(4) of title 23, United States Code, no limitation 

20 on the total obligations for projects under section 125 of 

21 such title shall apply to the United States Virgin Islands, 

22 Guam, American Samoa, and the Commonwealth of the 

23 Northern Mariana Islands for fiscal year 2018 and fiscal 

24 year 2019: Provided further, That notwithstanding section 

25 120(i)(1) of title 23, United States Code, for fiscal year 


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1 2018 and each fiscal year thereafter, Puerto Rico may use 

2 toll credits toward the non-Federal share requirement for 

3 emergency relief funds made available under section 125 

4 of such title to respond to damage caused by Hurricanes 

5 Irma and Maria: Provided further, That such amounts are 

6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 FEDERAL TRANSIT ADMINISTRATION

10 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

11 For the ‘‘Public Transportation Emergency Relief 

12 Program’’ as authorized under section 5324 of title 49, 

13 United States Code, $269,000,000 to remain available 

14 until expended, for transit systems affected by Hurricanes 

15 Harvey, Irma, and Maria with major disaster declarations 

16 in 2017: Provided, That not more than three-quarters of 

17 one percent of the funds for public transportation emer18 gency relief shall be available for administrative expenses 

19 and ongoing program management oversight as authorized 

20 under sections 5334 and 5338(f)(2) of such title and shall 

21 be in addition to any other appropriations for such pur22 pose: Provided further, That such amounts are designated 

23 by the Congress as being for an emergency requirement 

24 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg25 et and Emergency Deficit Control Act of 1985. 


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1 MARITIME ADMINISTRATION

2 OPERATIONS AND TRAINING

3 For an additional amount for ‘‘Operations and Train4 ing’’, $10,000,000, to remain available until expended, for 

5 necessary expenses, including for dredging, related to 

6 damage to Maritime Administration facilities resulting 

7 from Hurricane Harvey: Provided, That such amount is 

8 designated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 DEPARTMENT OF HOUSING AND URBAN 

12 DEVELOPMENT 

13 COMMUNITY PLANNING AND DEVELOPMENT

14 COMMUNITY DEVELOPMENT FUND

15 (INCLUDING TRANSFERS OF FUNDS)

16 For an additional amount for ‘‘Community Develop17 ment Fund’’, $26,060,000,000, to remain available until 

18 expended, for necessary expenses for activities authorized 

19 under title I of the Housing and Community Development 

20 Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 

21 relief, long-term recovery, restoration of infrastructure 

22 and housing, economic revitalization, and mitigation in the 

23 most impacted and distressed areas resulting from a 

24 major disaster declared in 2017 (except as otherwise pro25 vided under this heading) pursuant to the Robert T. StafVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 ford Disaster Relief and Emergency Assistance Act (42 

2 U.S.C. 5121 et seq.): Provided, That funds shall be award3 ed directly to the State, unit of general local government, 

4 or Indian tribe (as such term is defined in section 102 

5 of the Housing and Community Development Act of 1974) 

6 at the discretion of the Secretary: Provided further, That 

7 of the amounts made available under this heading, up to 

8 $13,560,000,000 shall be allocated to meet unmet needs 

9 for grantees that have received or will receive allocations 

10 for major disasters declared in 2017, and that such alloca11 tions shall include the States and units of local govern12 ment affected by Hurricane Maria: Provided further, That 

13 of the amounts made available under this heading, no less 

14 than $12,500,000,000 shall be allocated for mitigation ac15 tivities to all grantees of funding provided under this head16 ing, the same heading in chapter 9 of title X of division 

17 A of Public Law 113–2, section 420 of division L of Public 

18 Law 114–113, section 145 of division C of Public Law 

19 114–223, section 192 of division C of Public Law 114– 

20 223 (as added by section 101(3) of division A of Public 

21 Law 114–254), section 421 of division K of Public Law 

22 115–31, and the same heading in division B of Public Law 

23 115–56, and that such mitigation activities shall be sub24 ject to the same terms and conditions of this heading, as 

25 determined by the Secretary: Provided further, That all 


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1 such grantees shall receive an allocation of funds under 

2 the preceding proviso in the same proportion that the 

3 amount of funds each grantee received or will receive 

4 under the second proviso of this heading or the headings 

5 and sections specified in the previous proviso bears to the 

6 amount of all funds provided to all grantees specified in 

7 the previous proviso: Provided further, That of the 

8 amounts made available under the second and third pro9 visos of this heading, the Secretary shall allocate to all 

10 such grantees an aggregate amount of not less than 33 

11 percent of each such amount of funds provided under this 

12 heading within 60 days after the date of enactment of this 

13 Act based on the best available data: Provided further, 

14 That the Secretary shall not prohibit the use of funds 

15 made available under this heading and the same heading 

16 in division B of Public Law 115–56 for non-federal share 

17 as authorized by section 105(a)(9) of the Housing and 

18 Community Development Act of 1974 (42 U.S.C. 

19 5305(a)(9)): Provided further, That of the amounts made 

20 available under this heading, grantees may establish grant 

21 programs to assist small businesses to recover from eco22 nomic losses: Provided further, That as a condition of 

23 making any grant, the Secretary shall certify in advance 

24 that such grantee has in place proficient financial controls 

25 and procurement processes and has established adequate 


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1 procedures to prevent any duplication of benefits as de2 fined by section 312 of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 U.S.C. 5155), 

4 to ensure timely expenditure of funds, to maintain com5 prehensive websites regarding all disaster recovery activi6 ties assisted with these funds, and to detect and prevent 

7 waste, fraud, and abuse of funds: Provided further, That 

8 the Secretary shall require grantees to maintain on a pub9 lic website information containing common reporting cri10 teria established by the Department that permits individ11 uals and entities awaiting assistance and the general pub12 lic to see how all grant funds are used, including copies 

13 of all relevant procurement documents, grantee adminis14 trative contracts and details of ongoing procurement proc15 esses, as determined by the Secretary: Provided further, 

16 That prior to the obligation of funds a grantee shall sub17 mit a plan to the Secretary for approval detailing the pro18 posed use of all funds, including criteria for eligibility and 

19 how the use of these funds will address long-term recovery, 

20 restoration of infrastructure and housing, economic revi21 talization, and mitigation in the most impacted and dis22 tressed areas: Provided further, That such funds may not 

23 be used for activities reimbursable by, or for which funds 

24 are made available by, the Federal Emergency Manage25 ment Agency or the Army Corps of Engineers: Provided 


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1 further, That funds allocated under this heading shall not 

2 be considered relevant to the non-disaster formula alloca3 tions made pursuant to section 106 of the Housing and 

4 Community Development Act of 1974 (42 U.S.C. 5306): 

5 Provided further, That a State, unit of general local gov6 ernment, or Indian tribe may use up to 5 percent of its 

7 allocation for administrative costs: Provided further, That 

8 the sixth proviso under this heading in the Supplemental 

9 Appropriations for Disaster Relief Requirements, 2017 

10 (division B of Public Law 115–56) is amended by striking 

11 ‘‘State or subdivision thereof’’ and inserting ‘‘State, unit 

12 of general local government, or Indian tribe (as such term 

13 is defined in section 102 of the Housing and Community 

14 Development Act of 1974 (42 U.S.C. 5302))’’: Provided 

15 further, That in administering the funds under this head16 ing, the Secretary of Housing and Urban Development 

17 may waive, or specify alternative requirements for, any 

18 provision of any statute or regulation that the Secretary 

19 administers in connection with the obligation by the Sec20 retary or the use by the recipient of these funds (except 

21 for requirements related to fair housing, nondiscrimina22 tion, labor standards, and the environment), if the Sec23 retary finds that good cause exists for the waiver or alter24 native requirement and such waiver or alternative require25 ment would not be inconsistent with the overall purpose 


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1 of title I of the Housing and Community Development Act 

2 of 1974: Provided further, That, notwithstanding the pre3 ceding proviso, recipients of funds provided under this 

4 heading that use such funds to supplement Federal assist5 ance provided under section 402, 403, 404, 406, 407, 

6 408(c)(4), or 502 of the Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

8 seq.) may adopt, without review or public comment, any 

9 environmental review, approval, or permit performed by 

10 a Federal agency, and such adoption shall satisfy the re11 sponsibilities of the recipient with respect to such environ12 mental review, approval or permit: Provided further, That, 

13 notwithstanding section 104(g)(2) of the Housing and 

14 Community Development Act of 1974 (42 U.S.C. 

15 5304(g)(2)), the Secretary may, upon receipt of a request 

16 for release of funds and certification, immediately approve 

17 the release of funds for an activity or project assisted 

18 under this heading if the recipient has adopted an environ19 mental review, approval or permit under the preceding 

20 proviso or the activity or project is categorically excluded 

21 from review under the National Environmental Policy Act 

22 of 1969 (42 U.S.C. 4321 et seq.): Provided further, That 

23 the Secretary shall publish via notice in the Federal Reg24 ister any waiver, or alternative requirement, to any statute 

25 or regulation that the Secretary administers pursuant to 


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1 title I of the Housing and Community Development Act 

2 of 1974 no later than 5 days before the effective date of 

3 such waiver or alternative requirement: Provided further, 

4 That the eighth proviso under this heading in the Supple5 mental Appropriations for Disaster Relief Requirements, 

6 2017 (division B of Public Law 115–56) is amended by 

7 inserting ‘‘408(c)(4),’’ after ‘‘407,’’: Provided further, 

8 That of the amounts made available under this heading, 

9 up to $10,000,000 shall be made available for capacity 

10 building and technical assistance, including assistance on 

11 contracting and procurement processes, to support States, 

12 units of general local government, or Indian tribes (and 

13 their subrecipients) that receive allocations pursuant to 

14 this heading, received disaster recovery allocations under 

15 the same heading in Public Law 115–56, or may receive 

16 similar allocations for disaster recovery in future appro17 priations Acts: Provided further, That of the amounts 

18 made available under this heading, up to $10,000,000 

19 shall be transferred, in aggregate, to ‘‘Department of 

20 Housing and Urban Development—Program Office Sala21 ries and Expenses—Community Planning and Develop22 ment’’ for necessary costs, including information tech23 nology costs, of administering and overseeing the obliga24 tion and expenditure of amounts under this heading: Pro25 vided further, That the amount specified in the preceding 


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1 proviso shall be combined with funds appropriated under 

2 the same heading and for the same purpose in Public Law 

3 115–56 and the aggregate of such amounts shall be avail4 able for any of the purposes specified under this heading 

5 or the same heading in Public Law 115–56 without limita6 tion: Provided further, That of the funds made available 

7 under this heading, $10,000,000 shall be transferred to 

8 the Office of the Inspector General for necessary costs of 

9 overseeing and auditing funds made available under this 

10 heading: Provided further, That any funds made available 

11 under this heading that remain available, after the other 

12 funds under such heading have been allocated for nec13 essary expenses for activities authorized under such head14 ing, shall be used for additional activities, including miti15 gation, in the most impacted and distressed areas result16 ing from major disasters declared in 2011 and subsequent 

17 years: Provided further, That such remaining funds shall 

18 be awarded to grantees of funding provided for disaster 

19 relief under this heading, the same heading in chapter 9 

20 of title X of division A of Public Law 113–2, section 420 

21 of division L of Public Law 114–113, section 145 of divi22 sion C of Public Law 114–223, section 192 of division C 

23 of Public Law 114–223 (as added by section 101(3) of 

24 division A of Public Law 114–254), section 421 of division 

25 K of Public Law 115–31, and the same heading in division 


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1 B of Public Law 115–56, subject to the same terms and 

2 conditions under this heading and such headings and sec3 tions respectively: Provided further, That each such grant4 ee shall receive an allocation from such remaining funds 

5 in the same proportion that the amount of funds such 

6 grantee received under the second proviso under this head7 ing and under the Acts specified in the previous proviso 

8 bears to the amount of all funds provided to all grantees 

9 specified in the previous proviso: Provided further, That 

10 such amount is designated by the Congress as being for 

11 an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 TITLE XII 

15 GENERAL PROVISIONS—THIS DIVISION 

16 SEC. 1201. Each amount appropriated or made avail17 able by this division is in addition to amounts otherwise 

18 appropriated for the fiscal year involved. 

19 SEC. 1202. No part of any appropriation contained 

20 in this division shall remain available for obligation beyond 

21 the current fiscal year unless expressly so provided herein. 

22 SEC. 1203. Unless otherwise provided for by this divi23 sion, the additional amounts appropriated by this division 

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1 thorities and conditions applicable to such appropriations 

2 accounts for fiscal year 2018. 

3 SEC. 1204. The terms and conditions applicable to 

4 the funds provided in this division, including those pro5 vided by this title, shall also apply to the funds made avail6 able in division B of Public Law 115–56 and in division 

7 A of Public Law 115–72. 

8 SEC. 1205. Each amount designated in this division 

9 by the Congress as being for an emergency requirement 

10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985 shall be 

12 available only if the President subsequently so designates 

13 all such amounts and transmits such designations to the 

14 Congress. 

15 SEC. 1206. (a) Section 305 of division A of the Addi16 tional Supplemental Appropriations for Disaster Relief 

17 Requirements Act, 2017 (Public Law 115–72) is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘(1) Not later than Decem21 ber 31, 2017,’’ and inserting ‘‘Not later than 

22 March 31, 2018,’’; and 

23 (B) by striking paragraph (2); and 

24 (2) in subsection (b), by striking ‘‘receiving 

25 funds under this division’’ and inserting ‘‘expending 


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1 more than $10,000,000 of funds provided by this di2 vision and division B of Public Law 115–56 in any 

3 one fiscal year’’. 

4 (b) Section 305 of division A of the Additional Sup5 plemental Appropriations for Disaster Relief Require6 ments Act, 2017 (Public Law 115–72), as amended by 

7 this section, shall apply to funds appropriated by this divi8 sion as if they had been appropriated by that division. 

9 (c) In order to proactively prepare for oversight of 

10 future disaster relief funding, not later than one year after 

11 the date of enactment of this Act, the Director of the Of12 fice of Management and Budget shall issue standard guid13 ance for Federal agencies to use in designing internal con14 trol plans for disaster relief funding. This guidance shall 

15 leverage existing internal control review processes and 

16 shall include, at a minimum, the following elements: 

17 (1) Robust criteria for identifying and documenting 

18 incremental risks and mitigating controls related to the 

19 funding. 

20 (2) Guidance for documenting the linkage between 

21 the incremental risks related to disaster funding and ef22 forts to address known internal control risks. 

23 SEC. 1207. Any agency or department provided fund24 ing in excess of $3,000,000,000 by this division, including 

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1 ment of Housing and Urban Development, and the Corps 

2 of Engineers, is directed to provide a report to the Com3 mittee on Appropriations of the House of Representatives 

4 regarding its efforts to provide adequate resources and 

5 technical assistance for small, low-income communities af6 fected by natural disasters. 

7 SEC. 1208. (a) Not later than 180 days after the date 

8 of enactment of this Act and in coordination with the Ad9 ministrator of the Federal Emergency Management Agen10 cy, with support and contributions from the Secretary of 

11 the Treasury, the Secretary of Energy, and other Federal 

12 agencies having responsibilities defined under the National 

13 Disaster Recovery Framework, the Governor of the Com14 monwealth of Puerto Rico shall submit to Congress a re15 port describing the Commonwealth’s 12- and 24-month 

16 economic and disaster recovery plan that— 

17 (1) defines the priorities, goals, and expected 

18 outcomes of the recovery effort for the Common19 wealth, based on damage assessments prepared pur20 suant to Federal law, if applicable, including— 

21 (A) housing; 

22 (B) economic issues, including workforce 

23 development and industry expansion and cul24 tivation; 

25 (C) health and social services; 


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1 (D) natural and cultural resources; 

2 (E) governance and civic institutions; 

3 (F) electric power systems and grid res4 toration; 

5 (G) environmental issues, including solid 

6 waste facilities; and 

7 (H) other infrastructure systems, including 

8 repair, restoration, replacement, and improve9 ment of public infrastructure such water and 

10 wastewater treatment facilities, communications 

11 networks, and transportation infrastructure; 

12 (2) is consistent with— 

13 (A) the Commonwealth’s fiscal capacity to 

14 provide long-term operation and maintenance of 

15 rebuilt or replaced assets; 

16 (B) alternative procedures and associated 

17 programmatic guidance adopted by the Admin18 istrator of the Federal Emergency Management 

19 Administration pursuant to section 428 of the 

20 Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5189f); and 

22 (C) actions as may be necessary to miti23 gate vulnerabilities to future extreme weather 

24 events and natural disasters and increase com25 munity resilience, including encouraging the 


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1 adoption and enforcement of the latest pub2 lished editions of relevant consensus-based 

3 codes, specifications, and standards that incor4 porate the latest hazard-resistant designs and 

5 establish minimum acceptable criteria for the 

6 design, construction, and maintenance of resi7 dential structures and facilities for the purpose 

8 of protecting the health, safety, and general 

9 welfare of the buildings’ users against disasters; 

10 (3) promotes transparency and accountability 

11 through appropriate public notification, outreach, 

12 and hearings; 

13 (4) identifies performance metrics for assessing 

14 and reporting on the progress toward achieving the 

15 Commonwealth’s recovery goals, as identified under 

16 paragraph (1); 

17 (5) is developed in coordination with the Over18 sight Board established under PROMESA; and 

19 (6) is certified by that Oversight Board to be 

20 consistent with the purpose set forth in section 

21 101(a) of PROMESA (48 U.S.C. 2121(a)). 

22 (b) At the end of every 30-day period before the sub23 mission of the report described in subsection (a), the Gov24 ernor of the Commonwealth of Puerto Rico, in coordina25 tion with the Administrator of the Federal Emergency 


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1 Management Agency, shall provide to Congress interim 

2 status updates on progress developing such report. 

3 (c) At the end of every 180-day period after the sub4 mission of the report described in subsection (a), the Gov5 ernor of the Commonwealth of Puerto Rico, in coordina6 tion with the Administrator of the Federal Emergency 

7 Management Agency, shall make public a report on 

8 progress achieving the goals set forth in such report. 

9 (d) During the development, and after the submis10 sion, of the report require by in subsection (a), the Over11 sight Board may provide to Congress reports on the status 

12 of coordination with the Governor of Puerto Rico. 

13 (e) Amounts made available by this division to a cov14 ered territory for response to or recovery from Hurricane 

15 Irma or Hurricane Maria in an aggregate amount greater 

16 than $10,000,000 may be reviewed by the Oversight 

17 Board under the Oversight Board’s authority under 

18 204(b)(2) of PROMESA (48 U.S.C. 2144(b)(2)). 

19 (f) When developing a Fiscal Plan while the recovery 

20 plan required under subsection (a) is in development and 

21 in effect, the Oversight Board shall use and incorporate, 

22 to the greatest extent feasible, damage assessments pre23 pared pursuant to Federal law. 


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1 (g) For purposes of this section, the terms ‘‘covered 

2 territory’’ and ‘‘Oversight Board’’ have the meaning given 

3 those term in section 5 of PROMESA (48 U.S.C. 2104). 

4 This division may be cited as the ‘‘Further Additional 

5 Supplemental Appropriations for Disaster Relief Require6 ments, 2017’’. 

7 DIVISION B—DISASTER 

8 RECOVERY REFORM ACT 

9

Sec. 2001. Applicability. 

Sec. 2002. State defined. 

Sec. 2003. Wildfire prevention. 

Sec. 2004. Additional activities. 

Sec. 2005. Eligibility for code implementation and enforcement. 

Sec. 2006. Program improvements. 

Sec. 2007. Prioritization of facilities. 

Sec. 2008. Guidance on evacuation routes. 

Sec. 2009. Duplication of benefits. 

Sec. 2010. State administration of assistance for direct temporary housing and 

permanent housing construction. 

Sec. 2011. Assistance to individuals and households. 

Sec. 2012. Multifamily lease and repair assistance. 

Sec. 2013. Federal disaster assistance nonprofit fairness. 

Sec. 2014. Management costs. 

Sec. 2015. Flexibility. 

Sec. 2016. Additional disaster assistance. 

Sec. 2017. National veterinary emergency teams. 

Sec. 2018. Dispute resolution pilot program. 

Sec. 2019. Emergency relief. 

Sec. 2020. Unified Federal environmental and historic preservation review. 

Sec. 2021. Closeout incentives. 

Sec. 2022. Performance of services. 

Sec. 2023. Study to streamline and consolidate information collection. 

Sec. 2024. Agency accountability. 

Sec. 2025. Audit of contracts. 

Sec. 2026. Inspector general audit of FEMA contracts for tarps and plastic 

sheeting. 

Sec. 2027. Relief organizations. 

Sec. 2028. Guidance on inundated and submerged roads. 

Sec. 2029. Authorities. 

Sec. 2030. Recoupment of certain assistance prohibited. 

Sec. 2031. Statute of limitations. 

Sec. 2032. Technical assistance and recommendations. 

Sec. 2033. Guidance on hazard mitigation assistance. 

Sec. 2034. Local impact. 


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Sec. 2035. Additional hazard mitigation activities. 

Sec. 2036. National public infrastructure predisaster hazard mitigation. 

Sec. 2037. Additional mitigation activities. 

Sec. 2038. Federal cost-share adjustments for repair, restoration, and replacement of damaged facilities. 

1 SEC. 2001. APPLICABILITY. 

2 Except as otherwise expressly provided, the amend3 ments in this division to the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

5 seq.) apply to each major disaster and emergency declared 

6 by the President on or after August 1, 2017, under such 

7 Act. 

8 SEC. 2002. STATE DEFINED. 

9 In this division, the term ‘‘State’’ has the meaning 

10 given that term in section 102(4) of the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5122(4)). 

13 SEC. 2003. WILDFIRE PREVENTION. 

14 (a) MITIGATION ASSISTANCE.—Section 420 of the 

15 Robert T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5187) is amended— 

17 (1) by redesignating subsection (d) as sub18 section (e); and 

19 (2) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether 

22 or not a major disaster is declared, the President may pro23 vide hazard mitigation assistance in accordance with secVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 tion 404 in any area affected by a fire for which assistance 

2 was provided under this section.’’. 

3 (b) CONFORMING AMENDMENTS.—The Robert T. 

4 Stafford Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5121 et seq.) is amended— 

6 (1) in section 404(a) (42 U.S.C. 5170c(a)) (as 

7 amended by section 37(a) of this Act)— 

8 (A) by inserting before the first period ‘‘, 

9 or any area affected by a fire for which assist10 ance was provided under section 420’’; and 

11 (B) in the third sentence by inserting ‘‘or 

12 event under section 420’’ after ‘‘major disaster’’ 

13 each place it appears; and 

14 (2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), 

15 by inserting ‘‘or event under section 420’’ after 

16 ‘‘major disaster’’ each place it appears. 

17 (c) REPORTING REQUIREMENT.—Not later than 1 

18 year after the date of enactment of this Act and annually 

19 thereafter, the Administrator of the Federal Emergency 

20 Management Agency shall submit to the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate, the Committee on Transportation and Infrastructure 

23 of the House of Representatives, and the Appropriations 

24 Committees of the Senate and the House of Representa25 tives a report containing a summary of any projects carVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 ried out, and any funding provided to those projects, 

2 under subsection (d) of section 420 of the Robert T. Staf3 ford Disaster Relief and Emergency Assistance Act (42 

4 U.S.C. 5187) (as amended by this section). 

5 SEC. 2004. ADDITIONAL ACTIVITIES. 

6 Section 404 of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5170c) is 

8 amended by adding at the end the following: 

9 ‘‘(f) USE OF ASSISTANCE.—Recipients of hazard 

10 mitigation assistance provided under this section and sec11 tion 203 may use the assistance to conduct activities to 

12 help reduce the risk of future damage, hardship, loss, or 

13 suffering in any area affected by a wildfire or windstorm, 

14 including— 

15 ‘‘(1) reseeding ground cover with quick-growing 

16 or native species; 

17 ‘‘(2) mulching with straw or chipped wood; 

18 ‘‘(3) constructing straw, rock, or log dams in 

19 small tributaries to prevent flooding; 

20 ‘‘(4) placing logs and other erosion barriers to 

21 catch sediment on hill slopes; 

22 ‘‘(5) installing debris traps to modify road and 

23 trail drainage mechanisms; 

24 ‘‘(6) modifying or removing culverts to allow 

25 drainage to flow freely; 


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1 ‘‘(7) adding drainage dips and constructing 

2 emergency spillways to keep roads and bridges from 

3 washing out during floods; 

4 ‘‘(8) planting grass to prevent the spread of 

5 noxious weeds; 

6 ‘‘(9) installing warning signs; 

7 ‘‘(10) establishing defensible space measures; 

8 ‘‘(11) reducing hazardous fuels; and 

9 ‘‘(12) windstorm damage, including replacing or 

10 installing electrical transmission or distribution util11 ity pole structures with poles that are resilient to ex12 treme wind and combined ice and wind loadings for 

13 the basic wind speeds and ice conditions associated 

14 with the relevant location.’’. 

15 SEC. 2005. ELIGIBILITY FOR CODE IMPLEMENTATION AND 

16 ENFORCEMENT. 

17 Section 406(a)(2) of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 

19 5172(a)(2)) is amended— 

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (B); 

22 (2) by striking the period at the end of sub23 paragraph (C) and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(D) base and overtime wages for extra 

2 hires to facilitate the implementation and en3 forcement of adopted building codes for a pe4 riod of not more than 180 days after the major 

5 disaster is declared.’’. 

6 SEC. 2006. PROGRAM IMPROVEMENTS. 

7 (a) HAZARD MITIGATION.—Section 406(c) of the 

8 Robert T. Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5172(c)) is amended— 

10 (1) in paragraph (1)(A), by striking ‘‘90 per11 cent of’’; and 

12 (2) in paragraph (2)(A), by striking ‘‘75 per13 cent of’’. 

14 (b) PARTICIPATION.—Section 428(d) of such Act (42 

15 U.S.C. 5189f) is amended— 

16 (1) by inserting ‘‘(1) IN GENERAL.—’’ before 

17 ‘‘Participation in’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) NO CONDITIONS.—The President may not 

20 condition the provision of Federal assistance under 

21 this Act on the election by a State, Tribal, or local 

22 government, or owner or operator of a private non23 profit facility to participate in the alternative proce24 dures adopted under this section.’’. 


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1 (c) CERTIFICATION.—Section 428(e)(1) of such Act 

2 (42 U.S.C. 5189f(e)(1)) is amended— 

3 (1) in subparagraph (E), by striking ‘‘and’’ at 

4 the end; 

5 (2) in subparagraph (F), by striking the period 

6 and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(G) once certified by a professionally li9 censed engineer and accepted by the Adminis10 trator, the estimates on which grants made pur11 suant to this section are based shall be pre12 sumed to be reasonable and eligible costs, as 

13 long as there is no evidence of fraud.’’. 

14 SEC. 2007. PRIORITIZATION OF FACILITIES. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Administrator of the Federal Emergency 

17 Management Agency shall provide guidance and training 

18 on an annual basis to State, Tribal, and local govern19 ments, first responders, and utility companies on— 

20 (1) the need to prioritize assistance to hospitals, 

21 nursing homes, and other long-term care facilities to 

22 ensure that such health care facilities remain func23 tioning or return to functioning as soon as prac24 ticable during power outages caused by natural haz25 ards, including severe weather events; and 


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1 (2) how hospitals, nursing homes and other 

2 long-term care facilities should adequately prepare 

3 for power outages during a major disaster or emer4 gency. 

5 SEC. 2008. GUIDANCE ON EVACUATION ROUTES. 

6 (a) IN GENERAL.— 

7 (1) IDENTIFICATION.—The Administrator of 

8 the Federal Emergency Management Agency, in co9 ordination with the Administrator of the Federal 

10 Highway Administration, shall develop and issue 

11 guidance for State, local, and Tribal governments re12 garding the identification of evacuation routes. 

13 (2) GUIDANCE.—The Administrator of the Fed14 eral Highway Administration, in coordination with 

15 the Administrator of the Federal Emergency Man16 agement Agency, shall revise existing guidance or 

17 issue new guidance as appropriate for State, local, 

18 and Tribal governments regarding the design, con19 struction, maintenance, and repair of evacuation 

20 routes. 

21 (b) CONSIDERATIONS.— 

22 (1) IDENTIFICATION.—In developing the guid23 ance under subsection (a)(1), the Administrator of 

24 the Federal Emergency Management Agency shall 

25 consider— 


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1 (A) whether evacuation routes have re2 sisted impacts and recovered quickly from dis3 asters, regardless of cause; 

4 (B) the need to evacuate special needs pop5 ulations, including— 

6 (i) individuals with a physical or men7 tal disability; 

8 (ii) individuals in schools, daycare 

9 centers, mobile home parks, prisons, nurs10 ing homes and other long-term care facili11 ties, and detention centers; 

12 (iii) individuals with limited-English 

13 proficiency; 

14 (iv) the elderly; and 

15 (v) individuals who are tourists, sea16 sonal workers, or homeless; 

17 (C) the sharing of information and other 

18 public communications with evacuees during 

19 evacuations; 

20 (D) the sheltering of evacuees, including 

21 the care, protection, and sheltering of animals; 

22 (E) the return of evacuees to their homes; 

23 and 

24 (F) such other items the Administrator 

25 considers appropriate. 


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1 (2) DESIGN, CONSTRUCTION, MAINTENANCE, 

2 AND REPAIR.—In revising or issuing guidance under 

3 (a)(2), the Administrator of the Federal Highway 

4 Administration shall consider— 

5 (A) methods that assist evacuation routes 

6 to— 

7 (i) withstand likely risks to viability, 

8 including flammability and hydrostatic 

9 forces; 

10 (ii) improve durability, strength (in11 cluding the ability to withstand tensile 

12 stresses and compressive stresses), and 

13 sustainability; and 

14 (iii) provide for long-term cost sav15 ings; 

16 (B) the ability of evacuation routes to ef17 fectively manage contraflow operations; 

18 (C) for evacuation routes on public lands, 

19 the viewpoints of the applicable Federal land 

20 management agency regarding emergency oper21 ations, sustainability, and resource protection; 

22 and 

23 (D) such other items the Administrator 

24 considers appropriate. 


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1 SEC. 2009. DUPLICATION OF BENEFITS. 

2 (a) IN GENERAL.—Section 312(b) of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5155(b)) is amended by adding at the end the 

5 following: 

6 ‘‘(4) WAIVER OF GENERAL PROHIBITION.— 

7 ‘‘(A) IN GENERAL.—The President may 

8 waive the general prohibition provided in sub9 section (a) upon request of a Governor on be10 half of the State or on behalf of a person, busi11 ness concern, or any other entity suffering 

12 losses as a result of a major disaster or emer13 gency, if the President finds such waiver is in 

14 the public interest and will not result in waste, 

15 fraud, or abuse. In making this decision, the 

16 President may consider the following: 

17 ‘‘(i) The recommendations of the Ad18 ministrator of the Federal Emergency 

19 Management Agency made in consultation 

20 with the Federal agency or agencies ad21 ministering the duplicative program. 

22 ‘‘(ii) If a waiver is granted, the assist23 ance to be funded is cost effective. 

24 ‘‘(iii) Equity and good conscience. 

25 ‘‘(iv) Other matters of public policy 

26 considered appropriate by the President. 


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1 ‘‘(B) GRANT OR DENIAL OF WAIVER.—A 

2 request under subparagraph (A) shall be grant3 ed or denied not later than 45 days after sub4 mission of such request. 

5 ‘‘(C) PROHIBITION ON DETERMINATION

6 THAT LOAN IS A DUPLICATION.—Notwith7 standing subsection (c), in carrying out sub8 paragraph (A), the President may not deter9 mine that a loan is a duplication of assistance, 

10 provided that all Federal assistance is used to11 ward a loss suffered as a result of the major 

12 disaster or emergency.’’. 

13 (b) FUNDING OF A FEDERALLY AUTHORIZED WATER

14 RESOURCES DEVELOPMENT PROJECT.— 

15 (1) ELIGIBLE ACTIVITIES.—Notwithstanding 

16 section 312 of the Robert T. Stafford Disaster Relief 

17 and Emergency Assistance Act (42 U.S.C. 5155) 

18 and its implementing regulations, assistance pro19 vided pursuant to section 404 of such Act may be 

20 used to fund activities authorized for construction 

21 within the scope of a federally authorized water re22 sources development project of the Army Corps of 

23 Engineers if such activities are also eligible activities 

24 under such section. 


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1 (2) FEDERAL FUNDING.—All Federal funding 

2 provided under section 404 pursuant to this section 

3 shall be applied toward the Federal share of such 

4 project. 

5 (3) NON-FEDERAL MATCH.—All non-Federal 

6 matching funds required under section 404 pursuant 

7 to this section shall be applied toward the non-Fed8 eral share of such project. 

9 (4) TOTAL FEDERAL SHARE.—Funding pro10 vided under section 404 pursuant to this section 

11 may not exceed the total Federal share for such 

12 project. 

13 (5) NO EFFECT.—Nothing in this section 

14 shall— 

15 (A) affect the cost-share requirement of a 

16 hazard mitigation measure under section 404; 

17 (B) affect the eligibility criteria for a haz18 ard mitigation measure under section 404; 

19 (C) affect the cost share requirements of a 

20 federally authorized water resources develop21 ment project; and 

22 (D) affect the responsibilities of a non23 Federal interest with respect to the project, in24 cluding those related to the provision of lands, 


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1 easements, rights-of-way, dredge material dis2 posal areas, and necessary relocations. 

3 (c) APPLICABILITY.—This section shall apply to each 

4 disaster and emergency declared pursuant to the Robert 

5 T. Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5121 et seq.) after January 1, 2016. 

7 SEC. 2010. STATE ADMINISTRATION OF ASSISTANCE FOR 

8 DIRECT TEMPORARY HOUSING AND PERMA9 NENT HOUSING CONSTRUCTION. 

10 Section 408(f) of the Robert T. Stafford Disaster Re11 lief and Emergency Assistance Act (42 U.S.C. 5174(f)) 

12 is amended— 

13 (1) in paragraph (1), by striking the paragraph 

14 heading and inserting ‘‘STATE- OR TRIBAL-ADMINIS15 TERED ASSISTANCE AND OTHER NEEDS ASSIST16 ANCE.—’’; 

17 (2) in paragraph (1)(A)— 

18 (A) by striking ‘‘financial’’; and 

19 (B) by striking ‘‘subsection (e)’’ and in20 serting ‘‘subsections (c)(1)(B), (c)(4), and (e) if 

21 the President and the State or Tribal govern22 ment comply, as determined by the Adminis23 trator, with paragraph (3)’’; 

24 (3) in paragraph (1)(B)— 

25 (A) by striking ‘‘financial’’; and 


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1 (B) by striking ‘‘subsection (e)’’ and in2 serting ‘‘subsections (c)(1)(B), (c)(4), and (e)’’; 

3 and 

4 (4) by adding at the end the following: 

5 ‘‘(3) IN GENERAL.— 

6 ‘‘(A) APPLICATION.—A State or Tribal 

7 government desiring to provide assistance under 

8 subsection (c)(1)(B), (c)(4), or (e) shall submit 

9 to the President an application for a grant to 

10 provide financial assistance under the program. 

11 ‘‘(B) CRITERIA.—The President, in con12 sultation and coordination with State, Tribal, 

13 and local governments, shall establish criteria 

14 for the approval of applications submitted 

15 under subparagraph (A). The criteria shall in16 clude, at a minimum— 

17 ‘‘(i) the demonstrated ability of the 

18 State or Tribal government to manage the 

19 program under this section; 

20 ‘‘(ii) there being in effect a plan ap21 proved by the President as to how the 

22 State or Tribal government will comply 

23 with applicable Federal laws and regula24 tions and how the State or Tribal govern25 ment will provide assistance under its plan; 


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1 ‘‘(iii) a requirement that the State, 

2 Tribal, or local government comply with 

3 rules and regulations established pursuant 

4 to subsection (j); and 

5 ‘‘(iv) a requirement that the Presi6 dent, or the designee of the President, 

7 comply with subsection (i). 

8 ‘‘(C) QUALITY ASSURANCE.—Before ap9 proving an application submitted under this 

10 section, the President, or the designee of the 

11 President, shall institute adequate policies, pro12 cedures, and internal controls to prevent waste, 

13 fraud, abuse, and program mismanagement for 

14 this program and for programs under sub15 sections (c)(1)(B), (c)(4), and (e). The Presi16 dent shall monitor and conduct quality assur17 ance activities on a State or Tribal govern18 ment’s implementation of programs under sub19 sections (c)(1)(B), (c)(4), and (e). If, after ap20 proving an application of a State or Tribal gov21 ernment submitted under this section, the 

22 President determines that the State or Tribal 

23 government is not administering the program 

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1 tory to the President, the President shall with2 draw the approval. 

3 ‘‘(D) AUDITS.—The Office of the inspector 

4 general shall provide for periodic audits of the 

5 programs administered by States and Tribal 

6 governments under this subsection. 

7 ‘‘(E) APPLICABLE LAWS.—All Federal 

8 laws applicable to the management, administra9 tion, or contracting of the programs by the 

10 Federal Emergency Management Agency under 

11 this section shall be applicable to the manage12 ment, administration, or contracting by a non13 Federal entity under this section. 

14 ‘‘(F) REPORT.—Not later than 18 months 

15 after the date of enactment of this paragraph, 

16 the inspector general of the Department of 

17 Homeland Security shall submit a report to the 

18 Committee on Homeland Security and Govern19 mental Affairs of the Senate and the Committee 

20 on Transportation and Infrastructure of the 

21 House of Representatives on the State or Tribal 

22 government’s role to provide assistance under 

23 this section. The report shall contain an assess24 ment of the effectiveness of the State or Tribal 


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1 government’s role to provide assistance under 

2 this section, including— 

3 ‘‘(i) whether the State or Tribal gov4 ernment’s role helped to improve the gen5 eral speed of disaster recovery; 

6 ‘‘(ii) whether the State or Tribal gov7 ernment providing assistance under this 

8 section had the capacity to administer this 

9 section; and 

10 ‘‘(iii) recommendations for changes to 

11 improve the program if the State or Tribal 

12 government’s role to administer the pro13 grams should be continued. 

14 ‘‘(G) PROHIBITION.—The President may 

15 not condition the provision of Federal assist16 ance under this Act by a State or Tribal gov17 ernment requesting a grant under this section. 

18 ‘‘(H) MISCELLANEOUS.— 

19 ‘‘(i) NOTICE AND COMMENT.—The 

20 Administrator may waive notice and com21 ment rulemaking, if the Administrator de22 termines doing so is necessary to expedi23 tiously implement this section, and may 

24 carry out this section as a pilot program 

25 until such regulations are promulgated. 


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1 ‘‘(ii) FINAL RULE.—Not later than 2 

2 years after the date of enactment of this 

3 paragraph, the Administrator shall issue 

4 final regulations to implement this sub5 section as amended by the Disaster Recov6 ery Reform Act. 

7 ‘‘(iii) WAIVER AND EXPIRATION.—The 

8 authority under clause (i) and any pilot 

9 program implemented pursuant to such 

10 clause shall expire 2 years after the date of 

11 enactment of this paragraph or upon 

12 issuance of final regulations pursuant to 

13 clause (ii), whichever occurs sooner.’’. 

14 SEC. 2011. ASSISTANCE TO INDIVIDUALS AND HOUSE15 HOLDS. 

16 Section 408(h) of the Robert T. Stafford Disaster 

17 Relief and Emergency Assistance Act (42 U.S.C. 5174(h)) 

18 is amended— 

19 (1) in paragraph (1), by inserting ‘‘, excluding 

20 financial assistance to rent alternate housing accom21 modations under subsection (c)(1)(A)(i) and finan22 cial assistance to address other needs under sub23 section (e)’’ after ‘‘disaster’’; 

24 (2) by redesignating paragraph (2) as para25 graph (3); 


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1 (3) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) OTHER NEEDS ASSISTANCE.—The max4 imum financial assistance any individual or house5 hold may receive under subsection (e) shall be equiv6 alent to the amount set forth in paragraph (1) with 

7 respect to a single major disaster.’’; 

8 (4) in paragraph (3) (as so redesignated), by 

9 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

10 (1) and (2)’’; and 

11 (5) by inserting after paragraph (3) (as so re12 designated) the following: 

13 ‘‘(4) EXCLUSION OF NECESSARY EXPENSES FOR

14 INDIVIDUALS WITH DISABILITIES.— 

15 ‘‘(A) The maximum amount of assistance 

16 established under paragraph (1) shall exclude 

17 expenses to repair or replace damaged accessi18 bility-related improvements under paragraphs 

19 (2), (3), and (4) of subsection (c) for individ20 uals with disabilities. 

21 ‘‘(B) The maximum amount of assistance 

22 established under paragraph (2) shall exclude 

23 expenses to repair or replace accessibility-re24 lated personal property under subsection (e)(2) 

25 for individuals with disabilities.’’. 


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1 SEC. 2012. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 

2 (a) LEASE AND REPAIR OF RENTAL UNITS FOR

3 TEMPORARY HOUSING.—Section 408(c)(1)(B)(ii)(II) of 

4 the Robert T. Stafford Disaster Relief and Emergency As5 sistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended 

6 to read as follows: 

7 ‘‘(II) IMPROVEMENTS OR RE8 PAIRS.—Under the terms of any lease 

9 agreement for property entered into 

10 under this subsection, the value of the 

11 improvements or repairs shall be de12 ducted from the value of the lease 

13 agreement.’’. 

14 (b) RENTAL PROPERTIES IMPACTED.—Section 

15 408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster 

16 Relief and Emergency Assistance Act (42 U.S.C. 

17 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows: 

18 ‘‘(aa) enter into lease agree19 ments with owners of multifamily 

20 rental property impacted by a 

21 major disaster or located in areas 

22 covered by a major disaster dec23 laration to house individuals and 

24 households eligible for assistance 

25 under this section; and’’. 


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1 (c) INSPECTOR GENERAL REPORT.—Not later than 

2 2 years after the date of the enactment of this Act, the 

3 inspector general of the Department of Homeland Security 

4 shall assess the use of the authority provided under section 

5 408(c)(1)(B) of the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act (42 U.S.C. 

7 5174(c)(1)(B)), including the adequacy of any benefit-cost 

8 analysis done to justify the use of this alternative, and 

9 submit a report on the results of that review to the appro10 priate committees of Congress. 

11 SEC. 2013. FEDERAL DISASTER ASSISTANCE NONPROFIT 

12 FAIRNESS. 

13 (a) DEFINITION OF PRIVATE NONPROFIT FACIL14 ITY.—Section 102(11)(B) of the Robert T. Stafford Dis15 aster Relief and Emergency Assistance Act (42 U.S.C. 

16 5122(11)(B)) is amended to read as follows: 

17 ‘‘(B) ADDITIONAL FACILITIES.—In addi18 tion to the facilities described in subparagraph 

19 (A), the term ‘private nonprofit facility’ in20 cludes any private nonprofit facility that pro21 vides essential services of a governmental na22 ture to the general public (including museums, 

23 zoos, performing arts facilities, community arts 

24 centers, community centers, houses of worship 

25 exempt from taxation under section 501(c) of 


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1 the Internal Revenue Code of 1986, libraries, 

2 homeless shelters, senior citizen centers, reha3 bilitation facilities, shelter workshops, food 

4 banks, broadcasting facilities, and facilities that 

5 provide health and safety services of a govern6 mental nature), as defined by the President.’’. 

7 (b) REPAIR, RESTORATION, AND REPLACEMENT OF

8 DAMAGED FACILITIES.—Section 406(a)(3) of the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5172(a)(3)) is amended by adding at the end 

11 the following: 

12 ‘‘(C) HOUSES OF WORSHIP.— 

13 ‘‘(i) IN GENERAL.—A church, syna14 gogue, mosque, temple, or other house of 

15 worship, and a private nonprofit facility 

16 operated by a religious organization, shall 

17 be eligible for contributions under para18 graph (1)(B) (subject to paragraph 

19 (3)(A)), without regard to the religious 

20 character of the facility or the primary re21 ligious use of the facility. 

22 ‘‘(ii) LIMITATIONS.—Notwithstanding 

23 clause (i), in spaces dedicated to or pri24 marily used for religious purposes, con25 tributions under paragraph (1)(B) shall 


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1 only be used to cover costs of purchasing 

2 or replacing, without limitation, the build3 ing structure, building enclosure compo4 nents, building envelope, vertical and hori5 zontal circulation, physical plant support 

6 spaces, electrical, plumbing, and mechan7 ical systems (including heating, ventilation, 

8 air-conditioning, and fire and life safety 

9 systems), and related site improvements.’’. 

10 (c) APPLICABILITY.—This section and the amend11 ments made by this section shall apply to the provision 

12 of assistance in response to a major disaster or emergency 

13 declared on or after October 28, 2012. 

14 SEC. 2014. MANAGEMENT COSTS. 

15 Section 324 of the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (42 U.S.C. 5165b) is 

17 amended— 

18 (1) in subsection (a) by striking ‘‘any adminis19 trative expense, and any other expense not directly 

20 chargeable to’’ and inserting ‘‘direct administrative 

21 cost, and any other administrative expense associ22 ated with’’; and 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘Notwithstanding’’ and in25 serting the following: 


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1 ‘‘(1) IN GENERAL.—Notwithstanding’’; 

2 (B) by striking ‘‘establish’’ and inserting 

3 the following: ‘‘implement’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Ad6 ministrator shall provide the following percentage 

7 rates, in addition to the eligible project costs, to 

8 cover direct and indirect costs of administering the 

9 following programs: 

10 ‘‘(A) HAZARD MITIGATION.—A grantee 

11 under section 404 may be reimbursed not more 

12 than 15 percent of the total amount of the 

13 grant award under such section of which not 

14 more than 10 percent may be used by the 

15 grantee and 5 percent by the subgrantee for 

16 such costs. 

17 ‘‘(B) PUBLIC ASSISTANCE.—A grantee 

18 under sections 403, 406, 407, and 502 may be 

19 reimbursed not more than 12 percent of the 

20 total award amount under such sections, of 

21 which not more than 7 percent may be used by 

22 the grantee and 5 percent by the subgrantee for 

23 such costs.’’. 


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1 SEC. 2015. FLEXIBILITY. 

2 (a) DEFINITION.—In this section, the term ‘‘covered 

3 assistance’’ means assistance provided— 

4 (1) under section 408 of the Robert T. Stafford 

5 Disaster Relief and Emergency Assistance Act (42 

6 U.S.C. 5174); and 

7 (2) in relation to a major disaster or emergency 

8 declared by the President under section 401 or 501 

9 of the Robert T. Stafford Disaster Relief and Emer10 gency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 

11 5191) on or after October 28, 2012. 

12 (b) WAIVER AUTHORITY.—Notwithstanding section 

13 3716(e) of title 31, United States Code, the Administrator 

14 of the Federal Emergency Management Agency— 

15 (1) subject to paragraph (2), may waive a debt 

16 owed to the United States related to covered assist17 ance provided to an individual or household if— 

18 (A) the covered assistance was distributed 

19 based on an error by the Federal Emergency 

20 Management Agency; 

21 (B) there was no fault on behalf of the 

22 debtor; and 

23 (C) the collection of the debt would be 

24 against equity and good conscience; and 

25 (2) may not waive a debt under paragraph (1) 

26 if the debt involves fraud, the presentation of a false 


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1 claim, or misrepresentation by the debtor or any 

2 party having an interest in the claim. 

3 (c) MONITORING OF COVERED ASSISTANCE DISTRIB4 UTED BASED ON ERROR.— 

5 (1) IN GENERAL.—The inspector general of the 

6 Department of Homeland Security shall monitor the 

7 distribution of covered assistance to individuals and 

8 households to determine the percentage of such as9 sistance distributed based on an error. 

10 (2) REMOVAL OF WAIVER AUTHORITY BASED

11 ON EXCESSIVE ERROR RATE.—If the inspector gen12 eral determines, with respect to any 12-month pe13 riod, that the amount of covered assistance distrib14 uted based on an error by the Federal Emergency 

15 Management Agency exceeds 4 percent of the total 

16 amount of covered assistance distributed— 

17 (A) the inspector general shall notify the 

18 Administrator and publish the determination in 

19 the Federal Register; and 

20 (B) with respect to any major disaster or 

21 emergency declared by the President under sec22 tion 401 or section 501, respectively, of the 

23 Robert T. Stafford Disaster Relief and Emer24 gency Assistance Act (42 U.S.C. 5170; 42 

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1 mination is published under subparagraph (A), 

2 the authority of the Administrator to waive 

3 debt under subsection (b) shall no longer be ef4 fective. 

5 SEC. 2016. ADDITIONAL DISASTER ASSISTANCE. 

6 (a) DISASTER MITIGATION.—Section 209 of the Pub7 lic Works and Economic Development Act of 1965 (42 

8 U.S.C. 3149) is amended by adding at the end the fol9 lowing: 

10 ‘‘(e) DISASTER MITIGATION.—In providing assist11 ance pursuant to subsection (c)(2), if appropriate and as 

12 applicable, the Secretary may encourage hazard mitigation 

13 in assistance provided pursuant to such subsection.’’. 

14 (b) EMERGENCY MANAGEMENT ASSISTANCE COM15 PACT GRANTS.—Section 661(d) of the Post-Katrina 

16 Emergency Management Reform Act of 2006 (6 U.S.C. 

17 761(d)) is amended by striking ‘‘for fiscal year 2008’’ and 

18 inserting ‘‘for each of fiscal years 2018 through 2022’’. 

19 (c) EMERGENCY MANAGEMENT PERFORMANCE

20 GRANTS PROGRAM.—Section 662(f) of the Post-Katrina 

21 Emergency Management Reform Act of 2006 (6 U.S.C. 

22 762(f)) is amended by striking ‘‘the program’’ and all that 

23 follows through ‘‘2012’’ and inserting ‘‘the program, for 

24 each of fiscal years 2018 through 2022’’. 


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1 (d) TECHNICAL AMENDMENT.—Section 403(a)(3) of 

2 the Robert T. Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5170b(a)(3)) is amended by strik4 ing the second subparagraph (J). 

5 SEC. 2017. NATIONAL VETERINARY EMERGENCY TEAMS. 

6 (a) IN GENERAL.—The Administrator of the Federal 

7 Emergency Management Agency may establish one or 

8 more national veterinary emergency teams at accredited 

9 colleges of veterinary medicine. 

10 (b) RESPONSIBILITIES.—A national veterinary emer11 gency team shall— 

12 (1) deploy with a team of the National Urban 

13 Search and Rescue Response System to assist 

14 with— 

15 (A) veterinary care of canine search teams; 

16 (B) locating and treating companion ani17 mals, service animals, livestock, and other ani18 mals; and 

19 (C) surveillance and treatment of zoonotic 

20 diseases; 

21 (2) recruit, train, and certify veterinary profes22 sionals, including veterinary students, in accordance 

23 with an established set of plans and standard oper24 ating guidelines to carry out the duties associated 


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1 with planning for and responding to emergencies as 

2 described in paragraph (1); 

3 (3) assist State, Tribal, and local governments 

4 and nonprofit organizations in developing emergency 

5 management and evacuation plans that account for 

6 the care and rescue of animals and in improving 

7 local readiness for providing veterinary medical re8 sponse during a disaster; and 

9 (4) coordinate with the Department of Home10 land Security, the Department of Health and 

11 Human Services, the Department of Agriculture, 

12 State, Tribal, and local governments (including de13 partments of animal and human health), veterinary 

14 and health care professionals, and volunteers. 

15 SEC. 2018. DISPUTE RESOLUTION PILOT PROGRAM. 

16 Section 1105(c) of the Sandy Recovery Improvement 

17 Act of 2013 (42 U.S.C. 5189a note) is amended by strik18 ing ‘‘2015’’ and inserting ‘‘2022’’. 

19 SEC. 2019. EMERGENCY RELIEF. 

20 Notwithstanding any other provision of law, for each 

21 of fiscal years 2018 and 2019, obligations for projects un22 dertaken to respond to damages caused by Hurricanes 

23 Irma and Maria shall be excluded from any calculation 

24 of total obligations for purposes of section 125(d)(4) of 

25 title 23, United States Code. 


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1 SEC. 2020. UNIFIED FEDERAL ENVIRONMENTAL AND HIS2 TORIC PRESERVATION REVIEW. 

3 (a) REVIEW AND ANALYSIS.—Not later than 180 

4 days after the date of enactment of this Act, the Adminis5 trator of the Federal Emergency Management Agency 

6 shall review the Unified Federal Environmental and His7 toric Preservation review process established pursuant to 

8 section 429 of the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5189g), and submit 

10 a report to the Committee on Transportation and Infra11 structure of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Affairs 

13 of the Senate that includes the following: 

14 (1) An analysis of whether and how the unified 

15 process has expedited the interagency review process 

16 to ensure compliance with the environmental and 

17 historic requirements under Federal law relating to 

18 disaster recovery projects. 

19 (2) A survey and analysis of categorical exclu20 sions used by other Federal agencies that may be 

21 applicable to any activity related to a Presidentially 

22 declared major disaster or emergency under such 

23 Act. 

24 (3) Recommendations on any further actions, 

25 including any legislative proposals, needed to expe26 dite and streamline the review process. 


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1 (b) REGULATIONS.—After completing the review, 

2 survey, and analyses under subsection (a), but not later 

3 than 2 years after the date of enactment of this Act, and 

4 after providing notice and opportunity for public comment, 

5 the Administrator shall issue regulations to implement any 

6 regulatory recommendations, including any categorical ex7 clusions identified under subsection (a), to the extent that 

8 the categorical exclusions meet the criteria for a categor9 ical exclusion under section 1508.4 of title 40, Code of 

10 Federal Regulations, and section II of DHS Instruction 

11 Manual 023–01–001–01. 

12 SEC. 2021. CLOSEOUT INCENTIVES. 

13 (a) FACILITATING CLOSEOUT.—Section 705 of the 

14 Robert T. Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5205) is amended by adding at the 

16 end the following: 

17 ‘‘(d) FACILITATING CLOSEOUT.— 

18 ‘‘(1) INCENTIVES.—The Administrator may de19 velop incentives and penalties that encourage State, 

20 Tribal, or local governments to close out expendi21 tures and activities on a timely basis related to dis22 aster or emergency assistance. 

23 ‘‘(2) AGENCY REQUIREMENTS.—The Agency 

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1 prove closeout practices and reduce the time to close 

2 disaster program awards.’’. 

3 (b) REGULATIONS.—The Administrator shall issue 

4 regulations to implement this section. 

5 SEC. 2022. PERFORMANCE OF SERVICES. 

6 Section 306 of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5149) is 

8 amended by adding at the end the following: 

9 ‘‘(c) The Administrator of the Federal Emergency 

10 Management Agency is authorized to appoint temporary 

11 personnel, after serving continuously for 3 years, to posi12 tions in the Agency in the same manner that competitive 

13 service employees with competitive status are considered 

14 for transfer, reassignment, or promotion to such positions. 

15 An individual appointed under this subsection shall be16 come a career-conditional employee, unless the employee 

17 has already completed the service requirements for career 

18 tenure.’’. 

19 SEC. 2023. STUDY TO STREAMLINE AND CONSOLIDATE IN20 FORMATION COLLECTION. 

21 Not later than 1 year after the date of enactment 

22 of this Act, the Administrator of the Federal Emergency 

23 Management Agency shall— 

24 (1) in coordination with the Small Business Ad25 ministration, the Department of Housing and Urban 


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1 Development, and other appropriate agencies, con2 duct a study and develop a plan, consistent with law, 

3 under which the collection of information from dis4 aster assistance applicants and grantees will be 

5 modified, streamlined, expedited, efficient, flexible, 

6 consolidated, and simplified to be less burdensome, 

7 duplicative, and time consuming for applicants and 

8 grantees; 

9 (2) in coordination with the Small Business Ad10 ministration, the Department of Housing and Urban 

11 Development, and other appropriate agencies, de12 velop a plan for the regular collection and reporting 

13 of information on Federal disaster assistance award14 ed, including the establishment and maintenance of 

15 a website for presenting the information to the pub16 lic; and 

17 (3) submit the plans to the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives and the Committee on Homeland 

20 Security and Governmental Affairs of the Senate. 

21 SEC. 2024. AGENCY ACCOUNTABILITY. 

22 Title IV of the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act is amended by adding at the 

24 end the following: 


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1 ‘‘SEC. 430. AGENCY ACCOUNTABILITY. 

2 ‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 days 

3 after an award of a public assistance grant is made under 

4 section 406 that is in excess of $1,000,000, the Adminis5 trator shall publish on the Agency’s website the specifics 

6 of each such grant award, including— 

7 ‘‘(1) identifying the Federal Emergency Man8 agement Agency Region; 

9 ‘‘(2) the disaster or emergency declaration 

10 number; 

11 ‘‘(3) the State, county, and applicant name; 

12 ‘‘(4) if the applicant is a private nonprofit orga13 nization; 

14 ‘‘(5) the damage category code; 

15 ‘‘(6) the amount of the Federal share obligated; 

16 and 

17 ‘‘(7) the date of the award. 

18 ‘‘(b) MISSION ASSIGNMENTS.— 

19 ‘‘(1) IN GENERAL.—Not later than 5 days after 

20 the issuance of a mission assignment or mission as21 signment task order, the Administrator shall publish 

22 on the Agency’s website any mission assignment or 

23 mission assignment task order to another Federal 

24 department or agency regarding a major disaster in 

25 excess of $1,000,000, including— 


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1 ‘‘(A) the name of the impacted State or 

2 Tribe; 

3 ‘‘(B) the disaster declaration for such 

4 State or Tribe; 

5 ‘‘(C) the assigned agency; 

6 ‘‘(D) the assistance requested; 

7 ‘‘(E) a description of the disaster; 

8 ‘‘(F) the total cost estimate; 

9 ‘‘(G) the amount obligated; 

10 ‘‘(H) the State or Tribal cost share, if ap11 plicable; 

12 ‘‘(I) the authority under which the mission 

13 assignment or mission assignment task order 

14 was directed; and 

15 ‘‘(J) if applicable, the date a State or 

16 Tribe requested the mission assignment. 

17 ‘‘(2) RECORDING CHANGES.—Not later than 10 

18 days after the last day of each month until a mission 

19 assignment or mission assignment task order de20 scribed in paragraph (1) is completed and closed 

21 out, the Administrator shall update any changes to 

22 the total cost estimate and the amount obligated. 

23 ‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not 

24 later than 10 days after the first day of each month, the 

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1 ports, including a specific description of the methodology 

2 and the source data used in developing such reports, in3 cluding— 

4 ‘‘(1) an estimate of the amounts for the fiscal 

5 year covered by the President’s most recent budget 

6 pursuant to section 1105(a) of title 31, United 

7 States Code, including— 

8 ‘‘(A) the unobligated balance of funds to 

9 be carried over from the prior fiscal year to the 

10 budget year; 

11 ‘‘(B) the unobligated balance of funds to 

12 be carried over from the budget year to the 

13 budget year plus 1; 

14 ‘‘(C) the amount of obligations for non15 catastrophic events for the budget year; 

16 ‘‘(D) the amount of obligations for the 

17 budget year for catastrophic events delineated 

18 by event and by State; 

19 ‘‘(E) the total amount that has been pre20 viously obligated or will be required for cata21 strophic events delineated by event and by State 

22 for all prior years, the current fiscal year, the 

23 budget year, and each fiscal year thereafter; 


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1 ‘‘(F) the amount of previously obligated 

2 funds that will be recovered for the budget 

3 year; 

4 ‘‘(G) the amount that will be required for 

5 obligations for emergencies, as described in sec6 tion 102(1), major disasters, as described in 

7 section 102(2), fire management assistance 

8 grants, as described in section 420, surge ac9 tivities, and disaster readiness and support ac10 tivities; and 

11 ‘‘(H) the amount required for activities not 

12 covered under section 251(b)(2)(D)(iii) of the 

13 Balanced Budget and Emergency Deficit Con14 trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); 

15 and 

16 ‘‘(2) an estimate or actual amounts, if available, 

17 of the following for the current fiscal year shall be 

18 submitted not later than the fifth day of each 

19 month, published by the Administrator on the Agen20 cy’s website not later than the fifth day of each 

21 month: 

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1 covered, and the commitments, allocations, and 

2 obligations made. 

3 ‘‘(B) A table of disaster relief activity de4 lineated by month, including— 

5 ‘‘(i) the beginning and ending bal6 ances; 

7 ‘‘(ii) the total obligations to include 

8 amounts obligated for fire assistance, 

9 emergencies, surge, and disaster support 

10 activities; 

11 ‘‘(iii) the obligations for catastrophic 

12 events delineated by event and by State; 

13 and 

14 ‘‘(iv) the amount of previously obli15 gated funds that are recovered. 

16 ‘‘(C) A summary of allocations, obligations, 

17 and expenditures for catastrophic events delin18 eated by event. 

19 ‘‘(D) The cost of the following categories 

20 of spending: 

21 ‘‘(i) Public assistance. 

22 ‘‘(ii) Individual assistance. 

23 ‘‘(iii) Mitigation. 

24 ‘‘(iv) Administrative. 

25 ‘‘(v) Operations. 


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1 ‘‘(vi) Any other relevant category (in2 cluding emergency measures and disaster 

3 resources) delineated by disaster. 

4 ‘‘(E) The date on which funds appro5 priated will be exhausted. 

6 ‘‘(d) CONTRACTS.— 

7 ‘‘(1) INFORMATION.—Not later than 10 days 

8 after the first day of each month, the Administrator 

9 shall publish on the Agency’s website the specifics of 

10 each contract in excess of $1,000,000 that the Agen11 cy enters into, including— 

12 ‘‘(A) the name of the party; 

13 ‘‘(B) the date the contract was awarded; 

14 ‘‘(C) the amount and scope of the contract; 

15 ‘‘(D) if the contract was awarded through 

16 competitive bidding process; 

17 ‘‘(E) if no competitive bidding process was 

18 used, the reason why competitive bidding was 

19 not used; and 

20 ‘‘(F) the authority used to bypass the com21 petitive bidding process. 

22 The information shall be delineated by disaster, if 

23 applicable, and specify the damage category code, if 

24 applicable. 


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1 ‘‘(2) REPORT.—Not later than 10 days after 

2 the last day of the fiscal year, the Administrator 

3 shall provide a report to the appropriate committees 

4 of Congress summarizing the following information 

5 for the preceding fiscal year: 

6 ‘‘(A) The number of contracts awarded 

7 without competitive bidding. 

8 ‘‘(B) The reasons why a competitive bid9 ding process was not used. 

10 ‘‘(C) The total amount of contracts award11 ed with no competitive bidding. 

12 ‘‘(D) The damage category codes, if appli13 cable, for contracts awarded without competi14 tive bidding.’’. 

15 SEC. 2025. AUDIT OF CONTRACTS. 

16 Notwithstanding any other provision of law, the Ad17 ministrator of the Federal Emergency Management Agen18 cy shall not reimburse a State, Tribe, or local government 

19 or the owner or operator of a private nonprofit facility for 

20 any activities made pursuant to a contract entered into 

21 after August 1, 2017, that prohibits the Administrator or 

22 the Comptroller General of the United States from audit23 ing or otherwise reviewing all aspects relating to the con24 tract. 


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1 SEC. 2026. INSPECTOR GENERAL AUDIT OF FEMA CON2 TRACTS FOR TARPS AND PLASTIC SHEETING. 

3 (a) IN GENERAL.—Not later than 30 days after the 

4 date of enactment of this Act, the inspector general of the 

5 Department of Homeland Security shall initiate an audit 

6 of the contracts awarded by the Federal Emergency Man7 agement Agency (in this section referred to as ‘‘FEMA’’) 

8 for tarps and plastic sheeting for the Commonwealth of 

9 Puerto Rico and the United States Virgin Islands in re10 sponse to Hurricane Irma and Hurricane Maria. 

11 (b) CONSIDERATIONS.—In carrying out the audit 

12 under subsection (a), the inspector general shall review— 

13 (1) the contracting process used by FEMA to 

14 evaluate offerors and award the relevant contracts to 

15 contractors; 

16 (2) FEMA’s assessment of the past perform17 ance of the contractors, including any historical in18 formation showing that the contractors had sup19 ported large-scale delivery quantities in the past; 

20 (3) FEMA’s assessment of the capacity of the 

21 contractors to carry out the relevant contracts, in22 cluding with respect to inventory, production, and fi23 nancial capabilities; 

24 (4) how FEMA ensured that the contractors 

25 met the terms of the relevant contracts; and 


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1 (5) whether the failure of the contractors to 

2 meet the terms of the relevant contracts and 

3 FEMA’s subsequent cancellation of the relevant con4 tracts affected the provision of tarps and plastic 

5 sheeting to the Commonwealth of Puerto Rico and 

6 the United States Virgin Islands. 

7 (c) REPORT.—Not later than 270 days after the date 

8 of initiation of the audit under subsection (a), the inspec9 tor general shall submit to the Committee on Transpor10 tation and Infrastructure of the House of Representatives 

11 and the Committee on Homeland Security and Govern12 mental Affairs of the Senate a report on the results of 

13 the audit, including findings and recommendations. 

14 SEC. 2027. RELIEF ORGANIZATIONS. 

15 Section 309 of the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (42 U.S.C. 5152) is 

17 amended— 

18 (1) in subsection (a), by striking ‘‘and other re19 lief or’’ and inserting ‘‘long-term recovery groups, 

20 domestic hunger relief, and other relief, or’’; and 

21 (2) in subsection (b), by striking ‘‘and other re22 lief or’’ and inserting ‘‘long-term recovery groups, 

23 domestic hunger relief, and other relief, or’’. 


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1 SEC. 2028. GUIDANCE ON INUNDATED AND SUBMERGED 

2 ROADS. 

3 The Administrator of the Federal Emergency Man4 agement Agency, in coordination with the Administrator 

5 of the Federal Highway Administration, shall develop and 

6 issue guidance for State, local, and Tribal governments 

7 regarding repair, restoration, and replacement of inun8 dated and submerged roads damaged or destroyed by a 

9 major disaster, and for associated expenses incurred by 

10 the Government, with respect to roads eligible for assist11 ance under section 406 of the Robert T. Stafford Disaster 

12 Relief and Emergency Assistance Act (42 U.S.C. 5172). 

13 SEC. 2029. AUTHORITIES. 

14 Notwithstanding any other provision of law, the non15 federally funded actions of private parties and State, local, 

16 or Tribal governments, on State, local, Tribal, and private 

17 land, and the effects of those actions, shall not be attrib18 uted to the Federal Emergency Management Agency’s ac19 tions under the National Flood Insurance Act of 1968 (42 

20 U.S.C. 4001 et seq.), the Flood Disaster Protection Act 

21 of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters 

22 Flood Insurance Reform Act of 2012 (subtitle A of title 

23 II of division F of Public Law 112–141; 126 Stat. 916), 

24 and the Homeowner Flood Insurance Affordability Act of 

25 2014 (Public Law 113–89; 128 Stat. 1020) for the pur26 poses of section 7 (16 U.S.C. 1536) and section 9 (16 


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1 U.S.C. 1538) of the Endangered Species Act. Actions 

2 taken under the National Flood Insurance Act of 1968, 

3 the Flood Disaster Protection Act of 1973, the Biggert4 Waters Flood Insurance Reform Act of 2012, and the 

5 Homeowner Flood Insurance Affordability Act of 2014, 

6 that may influence private actions do not create a Federal 

7 nexus for the purpose of applying the requirements of sec8 tion 7 of the Endangered Species Act of 1973 (16 U.S.C. 

9 1536). 

10 SEC. 2030. RECOUPMENT OF CERTAIN ASSISTANCE PRO11 HIBITED. 

12 (a) IN GENERAL.—Notwithstanding section 3716(e) 

13 of title 31, United States Code, and unless there is evi14 dence of civil or criminal fraud, the Federal Emergency 

15 Management Agency may not take any action to recoup 

16 covered assistance from the recipient of such assistance 

17 if the receipt of such assistance occurred on a date that 

18 is more than 3 years before the date on which the Federal 

19 Emergency Management Agency first provides to the re20 cipient written notification of an intent to recoup. 

21 (b) COVERED ASSISTANCE DEFINED.—In this sec22 tion, the term ‘‘covered assistance’’ means assistance pro23 vided— 


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1 (1) under section 408 of the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5174); and 

4 (2) in relation to a major disaster or emergency 

5 declared by the President under section 401 or 501 

6 of such Act (42 U.S.C. 5170; 42 U.S.C. 5191) on 

7 or after January 1, 2012. 

8 SEC. 2031. STATUTE OF LIMITATIONS. 

9 (a) IN GENERAL.—Section 705 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5205) is amended— 

12 (1) in subsection (a)(1)— 

13 (A) by striking ‘‘Except’’ and inserting 

14 ‘‘Notwithstanding section 3716(e) of title 31, 

15 United States Code, and except’’; and 

16 (B) by striking ‘‘report for the disaster or 

17 emergency’’ and inserting ‘‘report for project 

18 completion as certified by the grantee’’; and 

19 (2) in subsection (b)— 

20 (A) in paragraph (1) by striking ‘‘report 

21 for the disaster or emergency’’ and inserting 

22 ‘‘report for project completion as certified by 

23 the grantee’’; and 


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1 (B) in paragraph (3) by inserting ‘‘for 

2 project completion as certified by the grantee’’ 

3 after ‘‘final expenditure report’’. 

4 (b) APPLICABILITY.— 

5 (1) IN GENERAL.—With respect to disaster or 

6 emergency assistance provided to a State or local 

7 government on or after January 1, 2004— 

8 (A) no administrative action may be taken 

9 to recover a payment of such assistance after 

10 the date of enactment of this Act if the action 

11 is prohibited under section 705(a)(1) of the 

12 Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5205(a)(1)), 

14 as amended by subsection (a); and 

15 (B) any administrative action to recover a 

16 payment of such assistance that is pending on 

17 such date of enactment shall be terminated if 

18 the action is prohibited under section 705(a)(1) 

19 of that Act, as amended by subsection (a). 

20 (2) LIMITATION.—This section, including the 

21 amendments made by this section, may not be con22 strued to invalidate or otherwise affect any adminis23 tration action completed before the date of enact24 ment of this Act. 


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1 SEC. 2032. TECHNICAL ASSISTANCE AND RECOMMENDA2 TIONS. 

3 (a) TECHNICAL ASSISTANCE.—The Administrator of 

4 the Federal Emergency Management Agency shall provide 

5 technical assistance to a common interest community that 

6 provides essential services of a governmental nature on ac7 tions that a common interest community may take in 

8 order to be eligible to receive reimbursement from a grant9 ee that receives funds from the Agency for certain activi10 ties performed after an event that results in a disaster 

11 declaration. 

12 (b) RECOMMENDATIONS.—Not later than 90 days 

13 after the date of enactment of this Act, the Administrator 

14 shall provide to the Committee on Transportation and In15 frastructure of the House of Representatives and the Com16 mittee on Homeland Security and Governmental Affairs 

17 of the Senate a legislative proposal on how to provide eligi18 bility for disaster assistance with respect to common areas 

19 of condominiums and housing cooperatives. 

20 SEC. 2033. GUIDANCE ON HAZARD MITIGATION ASSIST21 ANCE. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of this Act, the Administrator of the 

24 Federal Emergency Management Agency shall issue guid25 ance regarding the acquisition of property for open space 

26 as a mitigation measure under section 404 of the Robert 


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1 T. Stafford Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5170c) that includes— 

3 (1) a process by which the State hazard mitiga4 tion officer appointed for such an acquisition shall, 

5 not later than 60 days after the applicant for assist6 ance enters into an agreement with the Adminis7 trator regarding the acquisition, provide written no8 tification to each affected unit of local government 

9 for such acquisition that includes— 

10 (A) the location of the acquisition; 

11 (B) the State-local assistance agreement 

12 for the hazard mitigation grant program; 

13 (C) a description of the acquisition; and 

14 (D) a copy of the deed restriction; and 

15 (2) recommendations for entering into and im16 plementing a memorandum of understanding be17 tween units of local government and covered entities 

18 that includes provisions to allow an affected unit of 

19 local government notified under paragraph (1) to— 

20 (A) use and maintain the open space cre21 ated by such a project, consistent with section 

22 404 (including related regulations, standards, 

23 and guidance) and consistent with all adjoining 

24 property, subject to the notification of the ad25 joining property, so long as the cost of the 


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1 maintenance is borne by the local government; 

2 and 

3 (B) maintain the open space pursuant to 

4 standards exceeding any local government 

5 standards defined in the agreement with the 

6 Administrator described under paragraph (1). 

7 (b) DEFINITIONS.—In this section the following defi8 nitions apply: 

9 (1) AFFECTED UNIT OF LOCAL GOVERN10 MENT.—The term ‘‘affected unit of local govern11 ment’’ means any entity covered by the definition of 

12 local government in section 102 of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5122), that has jurisdiction over the 

15 property subject to the acquisition described in sub16 section (a). 

17 (2) COVERED ENTITY.—The term ‘‘covered en18 tity’’ means— 

19 (A) the grantee or subgrantee receiving as20 sistance for an open space project described in 

21 subsection (a); 

22 (B) the State in which such project is lo23 cated; and 

24 (C) the applicable Regional Administrator 

25 of the Federal Emergency Management Agency. 


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1 SEC. 2034. LOCAL IMPACT. 

2 In making recommendations to the President regard3 ing a major disaster declaration, the Administrator of the 

4 Federal Emergency Management Agency shall give great5 er weight and consideration to severe local impact or re6 cent multiple disasters. Further, the Administrator shall 

7 make corresponding adjustments to the Agency’s policies 

8 and regulations regarding such consideration. Not later 

9 than 1 year after the date of enactment of this section, 

10 the Administrator shall report to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on Homeland Security and Gov13 ernmental Affairs of the Senate on the changes made to 

14 regulations and policies and the number of declarations 

15 that have been declared based on the new criteria. 

16 SEC. 2035. ADDITIONAL HAZARD MITIGATION ACTIVITIES. 

17 Section 404 of the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5170c) is fur19 ther amended by adding at the end the following: 

20 ‘‘(g) USE OF ASSISTANCE.—Recipients of hazard 

21 mitigation assistance provided under this section and sec22 tion 203 may use the assistance to conduct activities to 

23 help reduce the risk of future damage, hardship, loss, or 

24 suffering in any area affected by earthquake hazards, in25 cluding— 


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1 ‘‘(1) improvements to regional seismic networks 

2 in support of building a capability for earthquake 

3 early warning; 

4 ‘‘(2) improvements to geodetic networks in sup5 port of building a capability for earthquake early 

6 warning; and 

7 ‘‘(3) improvements to seismometers, Global Po8 sitioning System receivers, and associated infrastruc9 ture in support of building a capability for earth10 quake early warning.’’. 

11 SEC. 2036. NATIONAL PUBLIC INFRASTRUCTURE 

12 PREDISASTER HAZARD MITIGATION. 

13 (a) PREDISASTER HAZARD MITIGATION.—Section 

14 203 of the Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5133) is amended— 

16 (1) in subsection (c) by inserting ‘‘Public Infra17 structure’’ after ‘‘the National’’; 

18 (2) in subsection (e)(1)(B)— 

19 (A) by striking ‘‘or’’ at the end of clause 

20 (ii); 

21 (B) by striking the period at the end of 

22 clause (iii) and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(iv) to establish and carry out en25 forcement activities to implement the latest 


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1 published editions of relevant consensus2 based codes, specifications, and standards 

3 that incorporate the latest hazard-resistant 

4 designs and establish minimum acceptable 

5 criteria for the design, construction, and 

6 maintenance of residential structures and 

7 facilities that may be eligible for assistance 

8 under this Act for the purpose of pro9 tecting the health, safety, and general wel10 fare of the buildings’ users against disas11 ters.’’; 

12 (3) in subsection (f)— 

13 (A) in paragraph (1) by inserting ‘‘for 

14 mitigation activities that are cost effective’’ 

15 after ‘‘competitive basis’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(3) REDISTRIBUTION OF UNOBLIGATED

18 AMOUNTS.—The President may— 

19 ‘‘(A) withdraw amounts of financial assist20 ance made available to a State (including 

21 amounts made available to local governments of 

22 a State) under this subsection that remain un23 obligated by the end of the third fiscal year 

24 after the fiscal year for which the amounts were 

25 allocated; and 


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1 ‘‘(B) in the fiscal year following a fiscal 

2 year in which amounts were withdrawn under 

3 subparagraph (A), add the amounts to any 

4 other amounts available to be awarded on a 

5 competitive basis pursuant to paragraph (1).’’; 

6 (4) in subsection (g)— 

7 (A) in paragraph (9) by striking ‘‘and’’ at 

8 the end; 

9 (B) by redesignating paragraph (10) as 

10 paragraph (12); and 

11 (C) by adding after paragraph (9) the fol12 lowing: 

13 ‘‘(10) the extent to which the State or local 

14 government has facilitated the adoption and enforce15 ment of the latest published editions of relevant con16 sensus-based codes, specifications, and standards 

17 that incorporate the latest hazard-resistant designs 

18 and establish criteria for the design, construction, 

19 and maintenance of residential structures and facili20 ties that may be eligible for assistance under this 

21 Act for the purpose of protecting the health, safety, 

22 and general welfare of the buildings’ users against 

23 disasters; 


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1 ‘‘(11) the extent to which the assistance will 

2 fund activities that increase the level of resiliency; 

3 and’’; 

4 (5) by striking subsection (i) and inserting the 

5 following: 

6 ‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE

7 PREDISASTER MITIGATION ASSISTANCE.— 

8 ‘‘(1) IN GENERAL.—The President may set 

9 aside from the Disaster Relief Fund, with respect to 

10 each major disaster, an amount equal to 6 percent 

11 of the estimated aggregate amount of the grants to 

12 be made pursuant to sections 403, 406, 407, 408, 

13 410, and 416 for the major disaster in order to pro14 vide technical and financial assistance under this 

15 section. 

16 ‘‘(2) ESTIMATED AGGREGATE AMOUNT.—Not 

17 later than 180 days after each major disaster dec18 laration pursuant to this Act, the estimated aggre19 gate amount of grants for purposes of paragraph (1) 

20 shall be determined by the President and such esti21 mated amount need not be reduced, increased, or 

22 changed due to variations in estimates. 

23 ‘‘(3) NO REDUCTION IN AMOUNTS.—The 

24 amount set aside pursuant to paragraph (1) shall 

25 not reduce the amounts otherwise made available for 


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1 sections 403, 404, 406, 407, 408, 410, and 416 

2 under this Act.’’; and 

3 (6) by striking subsections (j) and (m) and re4 designating subsections (k), (l), and (n) as sub5 sections (j), (k), and (l), respectively. 

6 (b) APPLICABILITY.—The amendments made to sec7 tion 203 of the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5133) by para9 graphs (3) and (5) of subsection (a) shall apply to funds 

10 appropriated after the date of enactment of this Act. 

11 SEC. 2037. ADDITIONAL MITIGATION ACTIVITIES. 

12 (a) HAZARD MITIGATION CLARIFICATION.—Section 

13 404(a) of the Robert T. Stafford Disaster Relief and 

14 Emergency Assistance Act (42 U.S.C. 5170c(a)) is 

15 amended by striking the first sentence and inserting the 

16 following: ‘‘The President may contribute up to 75 percent 

17 of the cost of hazard mitigation measures which the Presi18 dent has determined are cost effective and which substan19 tially reduce the risk of, or increase resilience to, future 

20 damage, hardship, loss, or suffering in any area affected 

21 by a major disaster.’’. 

22 (b) ELIGIBLE COST.—Section 406(e)(1)(A) of such 

23 Act (42 U.S.C. 5172(e)(1)(A)) is amended— 

24 (1) in the matter preceding clause (i), by insert25 ing after ‘‘section,’’ the following: ‘‘for disasters deVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 clared on or after August 1, 2017, or a disaster in 

2 which a cost estimate has not yet been finalized for 

3 a project,’’; 

4 (2) in clause (i), by striking ‘‘and’’; 

5 (3) in clause (ii)— 

6 (A) by striking ‘‘codes, specifications, and 

7 standards’’ and inserting ‘‘the latest published 

8 editions of relevant consensus-based codes, 

9 specifications, and standards that incorporate 

10 the latest hazard-resistant designs and establish 

11 minimum acceptable criteria for the design, 

12 construction, and maintenance of residential 

13 structures and facilities that may be eligible for 

14 assistance under this Act for the purposes of 

15 protecting the health, safety, and general wel16 fare of a facility’s users against disasters’’; 

17 (B) by striking ‘‘applicable at the time at 

18 which the disaster occurred’’; and 

19 (C) by striking the period at the end and 

20 inserting ‘‘; and’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(iii) in a manner that allows the fa23 cility to meet the definition of resilient de24 veloped pursuant to this subsection.’’. 


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1 (c) OTHER ELIGIBLE COST.—Section 406(e)(1) of 

2 such Act (42 U.S.C. 5172(e)(1)) is further amended by 

3 inserting at the end the following: 

4 ‘‘(C) CONTRIBUTIONS.—Contributions for 

5 the eligible cost made under this section may be 

6 provided on an actual cost basis or on cost-esti7 mation procedures.’’. 

8 (d) NEW RULES.—Section 406(e) of such Act (42 

9 U.S.C. 5172(e)) is further amended by adding at the end 

10 the following: 

11 ‘‘(5) NEW RULES.— 

12 ‘‘(A) IN GENERAL.—Not later than 18 

13 months after the date of enactment of this 

14 paragraph, the President, acting through the 

15 Administrator of the Federal Emergency Man16 agement Agency, shall issue a final rulemaking 

17 that defines the terms ‘resilient’ and ‘resiliency’ 

18 for purposes of this subsection. 

19 ‘‘(B) INTERIM GUIDANCE.—Not later than 

20 60 days after the date of enactment of this 

21 paragraph, the Administrator shall issue in22 terim guidance to implement this subsection. 

23 Such interim guidance shall expire 18 months 

24 after the date of enactment of this paragraph 


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1 or upon issuance of final regulations pursuant 

2 to subparagraph (A), whichever occurs first. 

3 ‘‘(C) GUIDANCE.—Not later than 90 days 

4 after the date on which the Administrator 

5 issues the final rulemaking under this para6 graph, the Administrator shall issue any nec7 essary guidance related to the rulemaking. 

8 ‘‘(D) REPORT.—Not later than 2 years 

9 after the date of enactment of this paragraph, 

10 the Administrator shall submit to Congress a 

11 report summarizing the regulations and guid12 ance issued pursuant to this paragraph.’’. 

13 (e) CONFORMING AMENDMENT.—Section 205(d)(2) 

14 of the Disaster Mitigation Act of 2000 (Public Law 106– 

15 390) is amended by inserting ‘‘(B)’’ after ‘‘except that 

16 paragraph (1)’’. 

17 SEC. 2038. FEDERAL COST-SHARE ADJUSTMENTS FOR RE18 PAIR, RESTORATION, AND REPLACEMENT OF 

19 DAMAGED FACILITIES. 

20 Section 406(b) of the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5172(b)) 

22 is amended by inserting after paragraph (2) the following: 

23 ‘‘(3) INCREASED FEDERAL SHARE.— 

24 ‘‘(A) INCENTIVE MEASURES.—The Presi25 dent may provide incentives to a State or Tribal 


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1 government to invest in measures that increase 

2 readiness for, and resilience from, a major dis3 aster by recognizing such investments through 

4 a sliding scale that increases the minimum Fed5 eral share to 85 percent. Such measures may 

6 include— 

7 ‘‘(i) the adoption of a mitigation plan 

8 approved under section 322; 

9 ‘‘(ii) investments in disaster relief, in10 surance, and emergency management pro11 grams; 

12 ‘‘(iii) encouraging the adoption and 

13 enforcement of the latest published edi14 tions of relevant consensus-based codes, 

15 specifications, and standards that incor16 porate the latest hazard-resistant designs 

17 and establish minimum acceptable criteria 

18 for the design, construction, and mainte19 nance of residential structures and facili20 ties that may be eligible for assistance 

21 under this Act for the purpose of pro22 tecting the health, safety, and general wel23 fare of the buildings’ users against disas24 ters; 


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1 ‘‘(iv) facilitating participation in the 

2 community rating system; and 

3 ‘‘(v) funding mitigation projects or 

4 granting tax incentives for projects that re5 duce risk. 

6 ‘‘(B) COMPREHENSIVE GUIDANCE.—Not 

7 later than 1 year after the date of enactment of 

8 this paragraph, the President, acting through 

9 the Administrator, shall issue comprehensive 

10 guidance to State and Tribal governments re11 garding the measures and investments, weight12 ed appropriately based on actuarial assessments 

13 of eligible actions, that will be recognized for 

14 the purpose of increasing the Federal share 

15 under this section. Guidance shall ensure that 

16 the agency’s review of eligible measures and in17 vestments does not unduly delay determining 

18 the appropriate Federal cost share. 

19 ‘‘(C) REPORT.—One year after the 

20 issuance of the guidance required by subpara21 graph (B), the Administrator shall submit to 

22 the Committee on Transportation and Infra23 structure of the House of Representatives and 

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1 garding the analysis of the Federal cost shares 

2 paid under this section. 

3 ‘‘(D) SAVINGS CLAUSE.—Nothing in this 

4 paragraph prevents the President from increas5 ing the Federal cost share above 85 percent.’’. 

6 DIVISION C—OTHER MATTERS 

7 SEC. 3001. TREATMENT OF SEED COTTON. 

8 (a) DEFINITION.—Section 1111 of the Agricultural 

9 Act of 2014 (7 U.S.C. 9011) is amended by adding at 

10 the end the following new paragraph: 

11 ‘‘(25) SEED COTTON.—The term ‘seed cotton’ 

12 means unginned upland cotton that includes both 

13 lint and seed.’’. 

14 (b) DESIGNATION AS COVERED COMMODITY.—Sec15 tion 1111(6) of the Agricultural Act of 2014 (7 U.S.C. 

16 9011(6)) is amended by adding at the end the following 

17 new sentence: ‘‘Effective beginning with the 2018 crop 

18 year, the term includes seed cotton.’’. 

19 (c) REFERENCE PRICE.—Section 1111(18) of the 

20 Agricultural Act of 2014 (7 U.S.C. 9011(18)) is amended 

21 by adding at the end the following new subparagraph: 

22 ‘‘(O) For seed cotton, $0.367 per pound.’’. 

23 (d) PAYMENT YIELD.—Section 1113(d) of the Agri24 cultural Act of 2014 (7 U.S.C. 9013(d)) is amended by 

25 adding at the end the following new paragraph: 


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1 ‘‘(5) PAYMENT YIELD FOR SEED COTTON.— 

2 ‘‘(A) PAYMENT YIELD.—Subject to sub3 paragraph (B), the payment yield for seed cot4 ton for a farm shall be equal to 2.4 times the 

5 payment yield for upland cotton for the farm 

6 established for purposes of subsection (e)(3) of 

7 section 1104 of the Food, Conservation, and 

8 Energy Act of 2008 (Public Law 110–246; 122 

9 Stat. 1672), as in effect immediately before the 

10 repeal of such section by section 1102(a) of the 

11 Agricultural Act of 2014 (Public Law 113–79; 

12 128 Stat. 658). 

13 ‘‘(B) UPDATE.—At the sole discretion of 

14 the owner of a farm with a yield described in 

15 subparagraph (A), the owner of the farm shall 

16 have a 1-time opportunity to update the pay17 ment yield for upland cotton for the farm, as 

18 provided in subsection (d), for the purpose of 

19 calculating the payment yield for seed cotton 

20 under such subparagraph.’’. 

21 (e) PAYMENT ACRES.—Section 1114(b) of the Agri22 cultural Act of 2014 (7 U.S.C. 9014(b)) is amended by 

23 adding at the end the following new paragraph: 

24 ‘‘(4) SEED COTTON RULE.— 


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1 ‘‘(A) IN GENERAL.—Not later than 90 

2 days after the date of the enactment of this 

3 paragraph, the Secretary shall require the 

4 owner of a farm to allocate all generic base 

5 acres on the farm under subparagraph (B) or 

6 (C), or both. 

7 ‘‘(B) NO RECENT HISTORY OF COVERED

8 COMMODITIES.—In the case of a farm where no 

9 covered commodities (including seed cotton) 

10 were planted or were prevented from being 

11 planted at any time during the 2009 through 

12 2016 crop years, the owner of such farm shall 

13 allocate generic base acres on the farm to unas14 signed crop base for which no payments may be 

15 made under section 1116 or 1117. 

16 ‘‘(C) RECENT HISTORY OF COVERED COM17 MODITIES.—In the case of a farm not described 

18 in subparagraph (B), the owner of such farm 

19 shall allocate generic base acres on the farm— 

20 ‘‘(i) subject to subparagraph (D), to 

21 seed cotton base acres in an amount equal 

22 to the greater of— 

23 ‘‘(I) 80 percent of the generic 

24 base acres on the farm; or 


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1 ‘‘(II) the average seed cotton 

2 acres planted or prevented from being 

3 planted on the farm during the 2009 

4 through 2012 crop years (not to ex5 ceed the total generic base acres on 

6 the farm); or 

7 ‘‘(ii) to covered commodities (includ8 ing seed cotton), by applying subpara9 graphs (B), (D), (E), and (F) of section 

10 1112(a)(3). 

11 ‘‘(D) TREATMENT OF RESIDUAL GENERIC

12 BASE ACRES.—In the case of a farm where ge13 neric base acres are allocated under subpara14 graph (C)(i), the residual generic base acres 

15 shall be allocated to unassigned crop base for 

16 which no payments may be made under section 

17 1116 or 1117. 

18 ‘‘(E) EFFECT OF FAILURE TO ALLO19 CATE.—If the owner of a farm fails to allocate 

20 generic base acres on the farm, the owner of 

21 the farm shall be deemed to have allocated all 

22 generic base acres in accordance with subpara23 graph (C)(i).’’. 

24 (f) RECORDKEEPING REGARDING UNASSIGNED CROP

25 BASE.—Section 1114 of the Agricultural Act of 2014 (7 


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1 U.S.C. 9014) is amended by adding at the end the fol2 lowing new subsection: 

3 ‘‘(f) UNASSIGNED CROP BASE.—The Secretary shall 

4 maintain information on generic base acres on a farm allo5 cated as unassigned crop base pursuant to subsection 

6 (b)(4).’’. 

7 (g) SPECIAL ELECTION PERIOD FOR PRICE LOSS

8 COVERAGE OR AGRICULTURE RISK COVERAGE.—Section 

9 1115 of the Agricultural Act of 2014 (7 U.S.C. 9014(b)) 

10 is amended— 

11 (1) in subsection (a), by striking ‘‘For’’ and in12 serting ‘‘Except as provided in subsection (g), for’’; 

13 and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(g) SPECIAL ELECTION.— 

17 ‘‘(1) ELECTION REQUIRED.—In the case of 

18 acres allocated on a farm to seed cotton, all of the 

19 producers on the farm shall be given the opportunity 

20 to make a new 1-time election under subsection (a) 

21 to reflect the designation of seed cotton as a covered 

22 commodity for that crop year under section 1111(6). 

23 ‘‘(2) EFFECT OF FAILURE TO MAKE UNANI24 MOUS ELECTION.—If all of the producers on a farm 

25 fail to make a unanimous election under paragraph 


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1 (1), the producers on the farm shall be deemed to 

2 have elected price loss coverage under section 1116 

3 for all acres allocated on the farm to seed cotton.’’. 

4 (h) EFFECTIVE PRICE.—Section 1116 of the Agricul5 tural Act of 2014 (7 U.S.C. 9016(b)) is amended by add6 ing at the end the following new subsection: 

7 ‘‘(h) EFFECTIVE PRICE FOR SEED COTTON.— 

8 ‘‘(1) IN GENERAL.—The effective price for seed 

9 cotton under subsection (b) shall be equal to the 

10 marketing year average price for seed cotton, as cal11 culated under paragraph (2). 

12 ‘‘(2) CALCULATION.—The marketing year aver13 age price for seed cotton for a crop year shall be 

14 equal to the quotient of— 

15 ‘‘(A) a dividend that is equal to the sum 

16 of— 

17 ‘‘(i) the product obtained when the 

18 upland cotton lint marketing year average 

19 price is multiplied by total United States 

20 upland cotton lint production measured in 

21 pounds; and 

22 ‘‘(ii) the product obtained when the 

23 cottonseed marketing year average price is 

24 multiplied by total United States cotton25 seed production measured in pounds; and 


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1 ‘‘(B) a divisor that is equal to the sum 

2 of— 

3 ‘‘(i) total United States upland cotton 

4 lint production measured in pounds; and 

5 ‘‘(ii) total United States cottonseed 

6 production measured in pounds.’’. 

7 (i) DEEMED LOAN RATE FOR SEED COTTON.—Sec8 tion 1202 of the Agricultural Act of 2014 (7 U.S.C. 9032) 

9 is amended by adding at the end the following new sub10 section: 

11 ‘‘(c) RULE FOR SEED COTTON.— 

12 ‘‘(1) IN GENERAL.—For purposes of section 

13 1116(b)(2) and paragraphs (1)(B)(ii) and 

14 (2)(A)(ii)(II) of section 1117(b) only, seed cotton 

15 shall be deemed to have a loan rate equal to $0.25 

16 per pound. 

17 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection shall be construed to authorize non19 recourse marketing assistance loans under this part 

20 for seed cotton.’’. 

21 (j) LIMITATION ON STACKED INCOME PROTECTION

22 PLAN FOR PRODUCERS OF UPLAND COTTON.—Section 

23 508B of the Agricultural Adjustment Act of 1938 (7 

24 U.S.C. 1508b) is amended by adding the following new 

25 subsection: 


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1 ‘‘(f) LIMITATION.—Beginning with the 2018 crop 

2 year, in the case of a farm that is enrolled for a crop year 

3 in price loss coverage under section 1116 of the Agricul4 tural Act of 2014 (7 U.S.C. 9016) or agriculture risk cov5 erage under section 1117 of such Act (7 U.S.C. 9017) and 

6 the coverage on the farm includes seed cotton, the farm 

7 shall not be eligible for a Stacked Income Protection Plan 

8 for upland cotton for that crop year.’’. 

9 (k) TECHNICAL CORRECTION.—Section 1114(b)(2) 

10 of the Agricultural Act of 2014 (7 U.S.C. 9014(b)(2)) is 

11 amended by striking ‘‘paragraphs (1)(B) and (2)(B)’’ and 

12 inserting ‘‘paragraphs (1) and (2)’’. 

13 (l) ADMINISTRATION.—The Secretary of Agriculture 

14 shall carry out the amendments made by this section in 

15 the manner provided under section 1601 of the Agricul16 tural Act of 2014 (7 U.S.C. 9091). 

17 (m) APPLICATION.—The amendments made by this 

18 section shall apply beginning with the 2018 crop year. 

19 SEC. 3002. LIMITATION ON CROP INSURANCE LIVESTOCK20 RELATED EXPENDITURES. 

21 (a) IN GENERAL.—Paragraph (10) of section 523(b) 

22 of the Federal Crop Insurance Act (7 U.S.C. 1523) is re23 pealed. 

24 (b) CONFORMING AMENDMENTS.—Section 516 of the 

25 Federal Crop Insurance Act (7 U.S.C. 1516) is amended 


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1 in subsections (a)(2)(C) and (b)(1)(D) by striking ‘‘sub2 sections (a)(3)(E)(ii) and (b)(10) of section 523’’ and in3 serting ‘‘subsection (a)(3)(E)(ii) of such section’’. 

4 SEC. 3003. NATIONAL ACCURACY CLEARINGHOUSE. 

5 The Food and Nutrition Act of 2008 (7 U.S.C. 2011 

6 et seq.) is amended at the end by adding the following: 

7 ‘‘SEC. 30. NATIONAL ACCURACY CLEARINGHOUSE. 

8 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

9 interstate database, or system of databases, of supple10 mental nutrition assistance program information to be 

11 known as the National Accuracy Clearinghouse. 

12 ‘‘(b) PURPOSE.—Any database or system of data13 bases established pursuant to subsection (a) shall be used 

14 by States when making eligibility determinations to pre15 vent supplemental nutrition assistance program partici16 pants from receiving duplicative benefits in multiple 

17 States. 

18 ‘‘(c) IMPLEMENTATION.— 

19 ‘‘(1) ISSUANCE OF INTERIM FINAL REGULA20 TIONS.—Not later than 18 months after the effective 

21 date of this section, the Secretary shall issue interim 

22 final regulations to carry out this section that— 

23 ‘‘(A) incorporate best practices and lessons 

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1 erenced in section 4032(c) of the Agricultural 

2 Act of 2014 (7 U.S.C. 2036c(c)); 

3 ‘‘(B) safeguard the security of the data 

4 stored in the National Accuracy Clearinghouse 

5 and protect the privacy of supplemental nutri6 tion assistance program participants and appli7 cants; and 

8 ‘‘(C) detail the process States will be re9 quired to follow for— 

10 ‘‘(i) conducting initial and ongoing 

11 matches of participant and applicant data; 

12 ‘‘(ii) identifying and acting on all ap13 parent instances of duplicative participa14 tion by participants or applicants in mul15 tiple States; and 

16 ‘‘(iii) complying with such other rules 

17 and standards the Secretary determines 

18 appropriate to carry out this section. 

19 ‘‘(2) TIMING.—The initial match and cor20 responding actions required by paragraph (1)(C) 

21 shall occur within 3 years after the effective date of 

22 this section.’’. 


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1 SEC. 3004. PUERTO RICO LOW-INCOME COMMUNITIES 

2 TREATED AS QUALIFIED OPPORTUNITY 

3 ZONE. 

4 (a) IN GENERAL.—Section 1400Z-1(b) of the Inter5 nal Revenue Code of 1986, as added by the Tax Cuts and 

6 Jobs Act, is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(3) SPECIAL RULE FOR PUERTO RICO.—Each 

9 population census tract in Puerto Rico that is a low10 income community shall be deemed to be certified 

11 and designated as a qualified opportunity zone.’’. 

12 (b) CONFORMING AMENDMENT.—Section 1400Z13 1(d)(1) of such Code is amended by inserting ‘‘and sub14 section (b)(3)’’ after ‘‘paragraph (2)’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect as if included in the enact17 ment of section 13823 of the Tax Cuts and Jobs Act, and 

18 the deemed certification and designation under section 

19 1400Z-1(b)(3) of such Code, as added by this section, 

20 shall treated as effective on the date of the enactment of 

21 such Act. 

22 DIVISION D—BUDGETARY 

23 EFFECTS 

24 SEC. 4001. BUDGETARY EFFECTS. 

25 (a) IN GENERAL.—The budgetary effects of division 

26 B and each succeeding division (other than division E) 


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1 shall not be entered on either PAYGO scorecard main2 tained pursuant to section 4(d) of the Statutory Pay-As3 You-Go Act of 2010. 

4 (b) SENATE PAYGO SCORECARDS.—The budgetary 

5 effects of division B and each succeeding division (other 

6 than division E) shall not be entered on any PAYGO 

7 scorecard maintained for purposes of section 4106 of H. 

8 Con. Res. 71 (115th Congress). 

9 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 

10 Notwithstanding Rule 3 of the Budget Scorekeeping 

11 Guidelines set forth in the joint explanatory statement of 

12 the committee of conference accompanying Conference Re13 port 105–217 and section 250(c)(8) of the Balanced 

14 Budget and Emergency Deficit Control Act of 1985, the 

15 budgetary effects of division B and each succeeding divi16 sion (other than division E) shall not be estimated— 

17 (1) for purposes of section 251 of such Act; and 

18 (2) for purposes of paragraph (4)(C) of section 

19 3 of the Statutory Pay-As-You-Go Act of 2010 as 

20 being included in an appropriation Act. 

21 DIVISION E—TAX RELIEF RELAT22 ING TO CERTAIN DISASTERS 

23 TITLE I—CALIFORNIA FIRES 

24 SEC. 5001. DEFINITIONS. 

25 For purposes of this title— 


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1 (1) CALIFORNIA WILDFIRE DISASTER ZONE.— 

2 The term ‘‘California wildfire disaster zone’’ means 

3 that portion of the California wildfire disaster area 

4 determined by the President to warrant individual or 

5 individual and public assistance from the Federal 

6 Government under the Robert T. Stafford Disaster 

7 Relief and Emergency Assistance Act by reason of 

8 wildfires in California. 

9 (2) CALIFORNIA WILDFIRE DISASTER AREA.— 

10 The term ‘‘California wildfire disaster area’’ means 

11 an area with respect to which during 2017 a major 

12 disaster has been declared by the President under 

13 section 401 of such Act by reason of wildfires in 

14 California. 

15 SEC. 5002. SPECIAL DISASTER-RELATED RULES FOR USE OF 

16 RETIREMENT FUNDS. 

17 (a) TAX-FAVORED WITHDRAWALS FROM RETIRE18 MENT PLANS.— 

19 (1) IN GENERAL.—Section 72(t) of the Internal 

20 Revenue Code of 1986 shall not apply to any quali21 fied wildfire distribution. 

22 (2) AGGREGATE DOLLAR LIMITATION.— 

23 (A) IN GENERAL.—For purposes of this 

24 subsection, the aggregate amount of distribu25 tions received by an individual which may be 


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1 treated as qualified wildfire distributions for 

2 any taxable year shall not exceed the excess (if 

3 any) of— 

4 (i) $100,000, over 

5 (ii) the aggregate amounts treated as 

6 qualified wildfire distributions received by 

7 such individual for all prior taxable years. 

8 (B) TREATMENT OF PLAN DISTRIBU9 TIONS.—If a distribution to an individual would 

10 (without regard to subparagraph (A)) be a 

11 qualified wildfire distribution, a plan shall not 

12 be treated as violating any requirement of the 

13 Internal Revenue Code of 1986 merely because 

14 the plan treats such distribution as a qualified 

15 wildfire distribution, unless the aggregate 

16 amount of such distributions from all plans 

17 maintained by the employer (and any member 

18 of any controlled group which includes the em19 ployer) to such individual exceeds $100,000. 

20 (C) CONTROLLED GROUP.—For purposes 

21 of subparagraph (B), the term ‘‘controlled 

22 group’’ means any group treated as a single 

23 employer under subsection (b), (c), (m), or (o) 

24 of section 414 of the Internal Revenue Code of 

25 1986. 


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1 (3) AMOUNT DISTRIBUTED MAY BE REPAID.— 

2 (A) IN GENERAL.—Any individual who re3 ceives a qualified wildfire distribution may, at 

4 any time during the 3-year period beginning on 

5 the day after the date on which such distribu6 tion was received, make one or more contribu7 tions in an aggregate amount not to exceed the 

8 amount of such distribution to an eligible retire9 ment plan of which such individual is a bene10 ficiary and to which a rollover contribution of 

11 such distribution could be made under section 

12 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 

13 457(e)(16), of the Internal Revenue Code of 

14 1986, as the case may be. 

15 (B) TREATMENT OF REPAYMENTS OF DIS16 TRIBUTIONS FROM ELIGIBLE RETIREMENT

17 PLANS OTHER THAN IRAS.—For purposes of 

18 the Internal Revenue Code of 1986, if a con19 tribution is made pursuant to subparagraph (A) 

20 with respect to a qualified wildfire distribution 

21 from an eligible retirement plan other than an 

22 individual retirement plan, then the taxpayer 

23 shall, to the extent of the amount of the con24 tribution, be treated as having received the 

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1 over distribution (as defined in section 

2 402(c)(4) of such Code) and as having trans3 ferred the amount to the eligible retirement 

4 plan in a direct trustee to trustee transfer with5 in 60 days of the distribution. 

6 (C) TREATMENT OF REPAYMENTS FOR

7 DISTRIBUTIONS FROM IRAS.—For purposes of 

8 the Internal Revenue Code of 1986, if a con9 tribution is made pursuant to subparagraph (A) 

10 with respect to a qualified wildfire distribution 

11 from an individual retirement plan (as defined 

12 by section 7701(a)(37) of such Code), then, to 

13 the extent of the amount of the contribution, 

14 the qualified wildfire distribution shall be treat15 ed as a distribution described in section 

16 408(d)(3) of such Code and as having been 

17 transferred to the eligible retirement plan in a 

18 direct trustee to trustee transfer within 60 days 

19 of the distribution. 

20 (4) DEFINITIONS.—For purposes of this sub21 section— 

22 (A) QUALIFIED WILDFIRE DISTRIBU23 TION.—Except as provided in paragraph (2), 

24 the term ‘‘qualified wildfire distribution’’ means 

25 any distribution from an eligible retirement 


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1 plan made on or after October 8, 2017, and be2 fore January 1, 2019, to an individual whose 

3 principal place of abode on October 8, 2017, is 

4 located in the California wildfire disaster area 

5 and who has sustained an economic loss by rea6 son of the wildfires to which the declaration of 

7 such area relates. 

8 (B) ELIGIBLE RETIREMENT PLAN.—The 

9 term ‘‘eligible retirement plan’’ shall have the 

10 meaning given such term by section 

11 402(c)(8)(B) of the Internal Revenue Code of 

12 1986. 

13 (5) INCOME INCLUSION SPREAD OVER 3-YEAR

14 PERIOD.— 

15 (A) IN GENERAL.—In the case of any 

16 qualified wildfire distribution, unless the tax17 payer elects not to have this paragraph apply 

18 for any taxable year, any amount required to be 

19 included in gross income for such taxable year 

20 shall be so included ratably over the 3-taxable21 year period beginning with such taxable year. 

22 (B) SPECIAL RULE.—For purposes of sub23 paragraph (A), rules similar to the rules of sub24 paragraph (E) of section 408A(d)(3) of the In25 ternal Revenue Code of 1986 shall apply. 


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1 (6) SPECIAL RULES.— 

2 (A) EXEMPTION OF DISTRIBUTIONS FROM

3 TRUSTEE TO TRUSTEE TRANSFER AND WITH4 HOLDING RULES.—For purposes of sections 

5 401(a)(31), 402(f), and 3405 of the Internal 

6 Revenue Code of 1986, qualified wildfire dis7 tributions shall not be treated as eligible roll8 over distributions. 

9 (B) QUALIFIED WILDFIRE DISTRIBUTIONS

10 TREATED AS MEETING PLAN DISTRIBUTION RE11 QUIREMENTS.—For purposes the Internal Rev12 enue Code of 1986, a qualified wildfire distribu13 tion shall be treated as meeting the require14 ments of sections 401(k)(2)(B)(i), 

15 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) 

16 of such Code. 

17 (b) RECONTRIBUTIONS OF WITHDRAWALS FOR

18 HOME PURCHASES.— 

19 (1) RECONTRIBUTIONS.— 

20 (A) IN GENERAL.—Any individual who re21 ceived a qualified distribution may, during the 

22 period beginning on October 8, 2017, and end23 ing on June 30, 2018, make one or more con24 tributions in an aggregate amount not to exceed 

25 the amount of such qualified distribution to an 


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1 eligible retirement plan (as defined in section 

2 402(c)(8)(B) of the Internal Revenue Code of 

3 1986) of which such individual is a beneficiary 

4 and to which a rollover contribution of such dis5 tribution could be made under section 402(c), 

6 403(a)(4), 403(b)(8), or 408(d)(3), of such 

7 Code, as the case may be. 

8 (B) TREATMENT OF REPAYMENTS.—Rules 

9 similar to the rules of subparagraphs (B) and 

10 (C) of subsection (a)(3) shall apply for purposes 

11 of this subsection. 

12 (2) QUALIFIED DISTRIBUTION.—For purposes 

13 of this subsection, the term ‘‘qualified distribution’’ 

14 means any distribution— 

15 (A) described in section 

16 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only 

17 to the extent such distribution relates to finan18 cial hardship), 403(b)(11)(B), or 72(t)(2)(F), 

19 of the Internal Revenue Code of 1986, 

20 (B) received after March 31, 2017, and be21 fore January 15, 2018, and 

22 (C) which was to be used to purchase or 

23 construct a principal residence in the California 

24 wildfire disaster area but which was not so pur25 chased or constructed on account of the 


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1 wildfires to which the declaration of such area 

2 relates. 

3 (c) LOANS FROM QUALIFIED PLANS.— 

4 (1) INCREASE IN LIMIT ON LOANS NOT TREAT5 ED AS DISTRIBUTIONS.—In the case of any loan 

6 from a qualified employer plan (as defined under 

7 section 72(p)(4) of the Internal Revenue Code of 

8 1986) to a qualified individual made during the pe9 riod beginning on the date of the enactment of this 

10 Act and ending on December 31, 2018— 

11 (A) clause (i) of section 72(p)(2)(A) of 

12 such Code shall be applied by substituting 

13 ‘‘$100,000’’ for ‘‘$50,000’’, and 

14 (B) clause (ii) of such section shall be ap15 plied by substituting ‘‘the present value of the 

16 nonforfeitable accrued benefit of the employee 

17 under the plan’’ for ‘‘one-half of the present 

18 value of the nonforfeitable accrued benefit of 

19 the employee under the plan’’. 

20 (2) DELAY OF REPAYMENT.—In the case of a 

21 qualified individual with an outstanding loan on or 

22 after October 8, 2017, from a qualified employer 

23 plan (as defined in section 72(p)(4) of the Internal 

24 Revenue Code of 1986)— 


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1 (A) if the due date pursuant to subpara2 graph (B) or (C) of section 72(p)(2) of such 

3 Code for any repayment with respect to such 

4 loan occurs during the period beginning on Oc5 tober 8, 2017, and ending on December 31, 

6 2018, such due date shall be delayed for 1 year, 

7 (B) any subsequent repayments with re8 spect to any such loan shall be appropriately 

9 adjusted to reflect the delay in the due date 

10 under paragraph (1) and any interest accruing 

11 during such delay, and 

12 (C) in determining the 5-year period and 

13 the term of a loan under subparagraph (B) or 

14 (C) of section 72(p)(2) of such Code, the period 

15 described in subparagraph (A) shall be dis16 regarded. 

17 (3) QUALIFIED INDIVIDUAL.—For purposes of 

18 this subsection, the term ‘‘qualified individual’’ 

19 means any individual whose principal place of abode 

20 on October 8, 2017, is located in the California wild21 fire disaster area and who has sustained an eco22 nomic loss by reason of wildfires to which the dec23 laration of such area relates. 

24 (d) PROVISIONS RELATING TO PLAN AMEND25 MENTS.— 


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1 (1) IN GENERAL.—If this subsection applies to 

2 any amendment to any plan or annuity contract, 

3 such plan or contract shall be treated as being oper4 ated in accordance with the terms of the plan during 

5 the period described in paragraph (2)(B)(i). 

6 (2) AMENDMENTS TO WHICH SUBSECTION AP7 PLIES.— 

8 (A) IN GENERAL.—This subsection shall 

9 apply to any amendment to any plan or annuity 

10 contract which is made— 

11 (i) pursuant to any provision of this 

12 section, or pursuant to any regulation 

13 issued by the Secretary or the Secretary of 

14 Labor under any provision of this section, 

15 and 

16 (ii) on or before the last day of the 

17 first plan year beginning on or after Janu18 ary 1, 2019, or such later date as the Sec19 retary may prescribe. 

20 In the case of a governmental plan (as defined 

21 in section 414(d) of the Internal Revenue Code 

22 of 1986), clause (ii) shall be applied by sub23 stituting the date which is 2 years after the 

24 date otherwise applied under clause (ii). 


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1 (B) CONDITIONS.—This subsection shall 

2 not apply to any amendment unless— 

3 (i) during the period— 

4 (I) beginning on the date that 

5 this section or the regulation de6 scribed in subparagraph (A)(i) takes 

7 effect (or in the case of a plan or con8 tract amendment not required by this 

9 section or such regulation, the effec10 tive date specified by the plan), and 

11 (II) ending on the date described 

12 in subparagraph (A)(ii) (or, if earlier, 

13 the date the plan or contract amend14 ment is adopted), 

15 the plan or contract is operated as if such plan 

16 or contract amendment were in effect, and 

17 (ii) such plan or contract amendment 

18 applies retroactively for such period. 

19 SEC. 5003. EMPLOYEE RETENTION CREDIT FOR EMPLOY20 ERS AFFECTED BY CALIFORNIA WILDFIRES. 

21 (a) IN GENERAL.—For purposes of section 38 of the 

22 Internal Revenue Code of 1986, in the case of an eligible 

23 employer, the California wildfire employee retention credit 

24 shall be treated as a credit listed in subsection (b) of such 

25 section. For purposes of this subsection, the California 


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1 wildfire employee retention credit for any taxable year is 

2 an amount equal to 40 percent of the qualified wages with 

3 respect to each eligible employee of such employer for such 

4 taxable year. For purposes of the preceding sentence, the 

5 amount of qualified wages which may be taken into ac6 count with respect to any individual shall not exceed 

7 $6,000. 

8 (b) DEFINITIONS.—For purposes of this section— 

9 (1) ELIGIBLE EMPLOYER.—The term ‘‘eligible 

10 employer’’ means any employer— 

11 (A) which conducted an active trade or 

12 business on October 8, 2017, in the California 

13 wildfire disaster zone, and 

14 (B) with respect to whom the trade or 

15 business described in subparagraph (A) is inop16 erable on any day after October 8, 2017, and 

17 before January 1, 2018, as a result of damage 

18 sustained by reason of the wildfires to which 

19 such declaration of such area relates. 

20 (2) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 

21 employee’’ means with respect to an eligible em22 ployer an employee whose principal place of employ23 ment on October 8, 2017, with such eligible em24 ployer was in the California wildfire disaster zone. 


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1 (3) QUALIFIED WAGES.—The term ‘‘qualified 

2 wages’’ means wages (as defined in section 51(c)(1) 

3 of the Internal Revenue Code of 1986, but without 

4 regard to section 3306(b)(2)(B) of such Code) paid 

5 or incurred by an eligible employer with respect to 

6 an eligible employee on any day after October 8, 

7 2017, and before January 1, 2018, which occurs 

8 during the period— 

9 (A) beginning on the date on which the 

10 trade or business described in paragraph (1) 

11 first became inoperable at the principal place of 

12 employment of the employee immediately before 

13 the wildfires to which the declaration of the 

14 California wildfire disaster area relates, and 

15 (B) ending on the date on which such 

16 trade or business has resumed significant oper17 ations at such principal place of employment. 

18 Such term shall include wages paid without regard 

19 to whether the employee performs no services, per20 forms services at a different place of employment 

21 than such principal place of employment, or per22 forms services at such principal place of employment 

23 before significant operations have resumed. 

24 (c) CERTAIN RULES TO APPLY.—For purposes of 

25 this section, rules similar to the rules of sections 51(i)(1), 


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1 52, and 280C(a) of the Internal Revenue Code of 1986, 

2 shall apply. 

3 (d) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE

4 THAN ONCE.—An employee shall not be treated as an eli5 gible employee for purposes of this section for any period 

6 with respect to any employer if such employer is allowed 

7 a credit under section 51 of the Internal Revenue Code 

8 of 1986 with respect to such employee for such period. 

9 SEC. 5004. ADDITIONAL DISASTER-RELATED TAX RELIEF 

10 PROVISIONS. 

11 (a) TEMPORARY SUSPENSION OF LIMITATIONS ON

12 CHARITABLE CONTRIBUTIONS.— 

13 (1) IN GENERAL.—Except as otherwise pro14 vided in paragraph (2), subsection (b) of section 170 

15 of the Internal Revenue Code of 1986 shall not 

16 apply to qualified contributions and such contribu17 tions shall not be taken into account for purposes of 

18 applying subsections (b) and (d) of such section to 

19 other contributions. 

20 (2) TREATMENT OF EXCESS CONTRIBUTIONS.— 

21 For purposes of section 170 of the Internal Revenue 

22 Code of 1986— 

23 (A) INDIVIDUALS.—In the case of an indi24 vidual— 


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1 (i) LIMITATION.—Any qualified con2 tribution shall be allowed only to the ex3 tent that the aggregate of such contribu4 tions does not exceed the excess of the tax5 payer’s contribution base (as defined in 

6 subparagraph (G) of section 170(b)(1) of 

7 such Code) over the amount of all other 

8 charitable contributions allowed under sec9 tion 170(b)(1) of such Code. 

10 (ii) CARRYOVER.—If the aggregate 

11 amount of qualified contributions made in 

12 the contribution year (within the meaning 

13 of section 170(d)(1) of such Code) exceeds 

14 the limitation of clause (i), such excess 

15 shall be added to the excess described in 

16 the portion of subparagraph (A) of such 

17 section which precedes clause (i) thereof 

18 for purposes of applying such section. 

19 (B) CORPORATIONS.—In the case of a cor20 poration— 

21 (i) LIMITATION.—Any qualified con22 tribution shall be allowed only to the ex23 tent that the aggregate of such contribu24 tions does not exceed the excess of the tax25 payer’s taxable income (as determined 


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1 under paragraph (2) of section 170(b) of 

2 such Code) over the amount of all other 

3 charitable contributions allowed under such 

4 paragraph. 

5 (ii) CARRYOVER.—Rules similar to the 

6 rules of subparagraph (A)(ii) shall apply 

7 for purposes of this subparagraph. 

8 (3) EXCEPTION TO OVERALL LIMITATION ON

9 ITEMIZED DEDUCTIONS.—So much of any deduction 

10 allowed under section 170 of the Internal Revenue 

11 Code of 1986 as does not exceed the qualified con12 tributions paid during the taxable year shall not be 

13 treated as an itemized deduction for purposes of sec14 tion 68 of such Code. 

15 (4) QUALIFIED CONTRIBUTIONS.— 

16 (A) IN GENERAL.—For purposes of this 

17 subsection, the term ‘‘qualified contribution’’ 

18 means any charitable contribution (as defined 

19 in section 170(c) of the Internal Revenue Code 

20 of 1986) if— 

21 (i) such contribution— 

22 (I) is paid during the period be23 ginning on October 8, 2017, and end24 ing on December 31, 2017, in cash to 


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1 an organization described in section 

2 170(b)(1)(A) of such Code, and 

3 (II) is made for relief efforts in 

4 the California wildfire disaster area, 

5 (ii) the taxpayer obtains from such or6 ganization contemporaneous written ac7 knowledgment (within the meaning of sec8 tion 170(f)(8) of such Code) that such con9 tribution was used (or is to be used) for 

10 relief efforts described in clause (i)(II), 

11 and 

12 (iii) the taxpayer has elected the ap13 plication of this subsection with respect to 

14 such contribution. 

15 (B) EXCEPTION.—Such term shall not in16 clude a contribution by a donor if the contribu17 tion is— 

18 (i) to an organization described in sec19 tion 509(a)(3) of the Internal Revenue 

20 Code of 1986, or 

21 (ii) for the establishment of a new, or 

22 maintenance of an existing, donor advised 

23 fund (as defined in section 4966(d)(2) of 

24 such Code). 


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1 (C) APPLICATION OF ELECTION TO PART2 NERSHIPS AND S CORPORATIONS.—In the case 

3 of a partnership or S corporation, the election 

4 under subparagraph (A)(iii) shall be made sepa5 rately by each partner or shareholder. 

6 (b) SPECIAL RULES FOR QUALIFIED DISASTER-RE7 LATED PERSONAL CASUALTY LOSSES.— 

8 (1) IN GENERAL.—If an individual has a net 

9 disaster loss for any taxable year— 

10 (A) the amount determined under section 

11 165(h)(2)(A)(ii) of the Internal Revenue Code 

12 of 1986 shall be equal to the sum of— 

13 (i) such net disaster loss, and 

14 (ii) so much of the excess referred to 

15 in the matter preceding clause (i) of sec16 tion 165(h)(2)(A) of such Code (reduced 

17 by the amount in clause (i) of this sub18 paragraph) as exceeds 10 percent of the 

19 adjusted gross income of the individual, 

20 (B) section 165(h)(1) of such Code shall 

21 be applied by substituting ‘‘$500’’ for ‘‘$500 

22 ($100 for taxable years beginning after Decem23 ber 31, 2009)’’, 


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1 (C) the standard deduction determined 

2 under section 63(c) of such Code shall be in3 creased by the net disaster loss, and 

4 (D) section 56(b)(1)(E) of such Code shall 

5 not apply to so much of the standard deduction 

6 as is attributable to the increase under sub7 paragraph (C) of this paragraph. 

8 (2) NET DISASTER LOSS.—For purposes of this 

9 subsection, the term ‘‘net disaster loss’’ means the 

10 excess of qualified disaster-related personal casualty 

11 losses over personal casualty gains (as defined in 

12 section 165(h)(3)(A) of the Internal Revenue Code 

13 of 1986). 

14 (3) QUALIFIED DISASTER-RELATED PERSONAL

15 CASUALTY LOSSES.—For purposes of this sub16 section, the term ‘‘qualified disaster-related personal 

17 casualty losses’’ means losses described in section 

18 165(c)(3) of the Internal Revenue Code of 1986 

19 which arise in the California wildfire disaster area 

20 on or after October 8, 2017, and which are attrib21 utable to the wildfires to which the declaration of 

22 such area relates. 

23 (c) SPECIAL RULE FOR DETERMINING EARNED IN24 COME.— 


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1 (1) IN GENERAL.—In the case of a qualified in2 dividual, if the earned income of the taxpayer for the 

3 taxable year which includes the applicable date is 

4 less than the earned income of the taxpayer for the 

5 preceding taxable year, the credits allowed under 

6 sections 24(d) and 32 of the Internal Revenue Code 

7 of 1986 may, at the election of the taxpayer, be de8 termined by substituting— 

9 (A) such earned income for the preceding 

10 taxable year, for 

11 (B) such earned income for the taxable 

12 year which includes October 8, 2017. 

13 (2) QUALIFIED INDIVIDUAL.—For purposes of 

14 this subsection, the term ‘‘qualified individual’’ 

15 means any individual whose principal place of abode 

16 on October 8, 2017, was located— 

17 (A) in the California wildfire disaster zone, 

18 or 

19 (B) in the California wildfire disaster area 

20 (but outside the California wildfire disaster 

21 zone) and such individual was displaced from 

22 such principal place of abode by reason of the 

23 wildfires to which the declaration of such area 

24 relates. 


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1 (3) EARNED INCOME.—For purposes of this 

2 subsection, the term ‘‘earned income’’ has the mean3 ing given such term under section 32(c) of the Inter4 nal Revenue Code of 1986. 

5 (4) SPECIAL RULES.— 

6 (A) APPLICATION TO JOINT RETURNS.— 

7 For purposes of paragraph (1), in the case of 

8 a joint return for a taxable year which includes 

9 October 8, 2017— 

10 (i) such paragraph shall apply if ei11 ther spouse is a qualified individual, and 

12 (ii) the earned income of the taxpayer 

13 for the preceding taxable year shall be the 

14 sum of the earned income of each spouse 

15 for such preceding taxable year. 

16 (B) UNIFORM APPLICATION OF ELEC17 TION.—Any election made under paragraph (1) 

18 shall apply with respect to both sections 24(d) 

19 and 32, of the Internal Revenue Code of 1986. 

20 (C) ERRORS TREATED AS MATHEMATICAL

21 ERROR.—For purposes of section 6213 of the 

22 Internal Revenue Code of 1986, an incorrect 

23 use on a return of earned income pursuant to 

24 paragraph (1) shall be treated as a mathe25 matical or clerical error. 


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1 (D) NO EFFECT ON DETERMINATION OF

2 GROSS INCOME, ETC.—Except as otherwise pro3 vided in this subsection, the Internal Revenue 

4 Code of 1986 shall be applied without regard to 

5 any substitution under paragraph (1). 

6 TITLE II—TAX RELIEF FOR HUR7 RICANES HARVEY, IRMA, AND 

8 MARIA 

9 SEC. 5101. TAX RELIEF FOR HURRICANES HARVEY, IRMA, 

10 AND MARIA. 

11 (a) MODIFICATION OF HURRICANES HARVEY AND

12 IRMA DISASTER AREAS.—Subsections (a)(2) and (b)(2) of 

13 section 501 of the Disaster Tax Relief and Airport and 

14 Airway Extension Act of 2017 (Public Law 115-63; 131 

15 Stat. 1173) are both amended by striking ‘‘September 21, 

16 2017’’ and inserting ‘‘October 17, 2017’’. 

17 (b) EMPLOYEE RETENTION CREDIT.—Subsections 

18 (a)(3), (b)(3), and (c)(3) of section 503 of the Disaster 

19 Tax Relief and Airport and Airway Extension Act of 2017 

20 (Public Law 115-63; 131 Stat. 1181) are each amended 

21 by striking ‘‘sections 51(i)(1) and 52’’ and inserting ‘‘sec22 tions 51(i)(1), 52, and 280C(a)’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect as if included in the provisions 

25 of title V of the Disaster Tax Relief and Airport and AirVerDate Sep 11 2014 23:15 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H4667.PCS H4667

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1 way Extension Act of 2017 to which such amendments 

2 relate. 

3 TITLE III—BUDGETARY EFFECTS 

4 SEC. 5201. EMERGENCY DESIGNATION. 

5 This division is designated as an emergency require6 ment pursuant to section 4(g) of the Statutory Pay-As7 You-Go Act of 2010 (2 U.S.C. 933(g)). 

8 SEC. 5202. DESIGNATION IN SENATE. 

9 In the Senate, this division is designated as an emer10 gency requirement pursuant to section 403(a) of S. Con. 

11 Res. 13 (111th Congress), the concurrent resolution on 

12 the budget for fiscal year 2010. 

Passed the House of Representatives December 21, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 291 

115TH CONGRESS 

2D SESSION H. R. 4667 

AN ACT 

Making further supplemental appropriations for the 

for other purposes. and Maria, and calendar year 2017 wildfires, and aster assistance for Hurricanes Harvey, Irma, fiscal year ending September 30, 2018, for disJANUARY 4, 2018 

Read the second time and placed on the calendar 


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