II 
Calendar No. 416 
116TH CONGRESS 
2D SESSION 
H. R. 5687 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 10, 2020 
Received; read the first time 
FEBRUARY 11, 2020 
Read the second time and placed on the calendar 
AN ACT 
Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2020, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations for Disaster Relief and Puerto Rico 
Disaster Tax Relief Act, 2020’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
DIVISION A—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
DISASTER RELIEF ACT, 2020 
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DIVISION B—PUERTO RICO DISASTER TAX RELIEF ACT OF 2020 
DIVISION C—BUDGETARY EFFECTS 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion. 
DIVISION 
A—EMERGENCY 
SUPPLE-
MENTAL APPROPRIATIONS FOR DIS-
ASTER RELIEF ACT, 2020 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2020, and for other pur-
poses, namely: 
TITLE I 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY 
RESPONSE 
For an additional amount for ‘‘Cybersecurity, Energy 
Security, and Emergency Response’’, $6,750,000, to re-
main available until expended, for necessary expenses re-
lated to providing technical assistance related to natural 
disasters in U.S. territories, including technical assistance 
related to electric grids: Provided, That such amount is 
designated by the Congress as being for an emergency re-
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quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
ELECTRICITY 
For 
an 
additional 
amount 
for 
‘‘Electricity’’, 
$15,000,000 (increased by $3,000,000), to remain avail-
able until expended, for necessary expenses related to pro-
viding technical assistance related to natural disasters in 
U.S. territories, including technical assistance related to 
electric grids: Provided, That such amount is designated 
by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985. 
TITLE II 
DEPARTMENT OF EDUCATION 
HURRICANE EDUCATION RECOVERY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Hurricane Education 
Recovery’’ for necessary expenses related to the con-
sequences of earthquakes occurring in calendar years 
2019 and 2020 as of the date of enactment of this Act 
in those areas for which a major disaster or emergency 
has been declared under section 401 or 501 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170 and 5191) (referred to under this head-
ing as ‘‘covered disaster or emergency’’), $100,000,000 
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(increased by $1,000,000), to remain available through 
September 30, 2022, for assisting in meeting the edu-
cational needs of individuals affected by a covered disaster 
or emergency: Provided, That such assistance shall be pro-
vided through any of the programs authorized under this 
heading in title VIII of subdivision 1 of division B of the 
Bipartisan Budget Act of 2018 (Public Law 115–123; 132 
Stat. 95), as amended by section 201 of this Act, as deter-
mined by the Secretary of Education, and subject to the 
terms and conditions that applied to those programs, ex-
cept that references to dates and school years in such Act 
shall be deemed to be the corresponding dates and school 
years for the covered disaster or emergency: Provided fur-
ther, That the Secretary of Education may determine the 
amounts to be used for each such program and shall notify 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate of these amounts not later 
than 7 days prior to obligation: Provided further, That 
$1,000,000 of the funds made available under this head-
ing, to remain available until expended, shall be trans-
ferred to the Office of the Inspector General of the De-
partment of Education for oversight of activities sup-
ported with funds appropriated under this heading, and 
up to $500,000 of the funds made available under this 
heading shall be for program administration: Provided fur-
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ther, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 201. (a) The second proviso under the heading 
‘‘Department of Education—Hurricane Education Recov-
ery’’ under title VIII of subdivision 1 of division B of the 
Bipartisan Budget Act of 2018 (Public Law 115–123; 132 
Stat. 95) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subparagraph (J) by inserting 
‘‘and’’ at the end; and 
(C) by adding at the end the following: 
‘‘(K) assistance provided to an eligible en-
tity under paragraph (1)(A) that was affected 
by Hurricane Maria or earthquakes occurring 
in calendar years 2019 and 2020 as of the date 
of enactment of the ‘Emergency Supplemental 
Appropriations for Disaster Relief Act, 2020’, 
to assist with restarting school operations, in-
cluding assistance provided to an eligible entity 
before the date of enactment of the ‘Emergency 
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Supplemental Appropriations for Disaster Re-
lief Act, 2020’, may be used by the eligible enti-
ty to pay the non-Federal share of a project de-
scribed in section 406 of the Robert T. Stafford 
Disaster and Relief Emergency Act (42 U.S.C. 
5172), notwithstanding section 102(e)(3)(A) of 
title IV of division B of Public Law 109–148 
(119 Stat. 2794);’’; 
(2) in paragraph (9), by striking ‘‘and’’ after 
the semicolon; 
(3) by redesignating paragraph (10) as para-
graph (11); and 
(4) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) if the amount available under paragraph 
(3) is insufficient to meet the need for such assist-
ance as demonstrated by applications submitted by 
eligible entities, the Secretary may use additional 
funds available under this heading to fully fund ap-
proved applications; and’’. 
(b) Amounts repurposed pursuant to the amendments 
made by subsection (a) that were previously designated 
by the Congress as an emergency requirement pursuant 
to the Balanced Budget and Emergency Deficit Control 
Act of 1985 are designated by the Congress as being for 
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an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
SEC. 202. (a) Amounts previously made available for 
activities authorized under ‘‘Department of Education— 
Hurricane Education Recovery’’ in title VIII of subdivi-
sion 1 of division B of the Bipartisan Budget Act of 2018 
(Public Law 115–123; 132 Stat. 95) may be used to ad-
dress unmet needs, as determined by the Secretary, for 
that heading in this Act and in the Additional Supple-
mental Appropriations for Disaster Relief Act, 2019 (Pub-
lic Law 116–20; 133 Stat. 890). In addition, any funds 
provided under the heading ‘‘Department of Education— 
Hurricane Education Recovery’’ in this Act that are allo-
cated in response to a covered disaster or emergency may 
be used interchangeably and without limitation for the 
same activities related to Hurricanes Maria and Irma. 
(b) Amounts repurposed pursuant to this section that 
were previously designated by the Congress, respectively, 
as an emergency requirement or as being for disaster relief 
pursuant to the Balanced Budget and Emergency Deficit 
Control Act are designated by the Congress as being for 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 or as being for disaster relief 
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pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
SEC. 203. Not later than 30 days after the date of 
enactment of this Act, the Secretary of Education shall 
provide a detailed spend plan of anticipated uses of funds 
made available in this title, including estimated personnel 
and administrative costs, to the Committees on Appropria-
tions of the House of Representatives and the Senate: Pro-
vided, That such plan shall be updated and submitted to 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate every 60 days until all funds 
are expended or expire. 
SEC. 204. Section 392 of the Higher Education Act 
of 1965 (20 U.S.C. 1068a) is amended by adding at the 
end the following: 
‘‘(d) WAIVER AUTHORITY WITH RESPECT TO INSTI-
TUTIONS LOCATED IN AN AREA AFFECTED BY HURRI-
CANE MARIA.— 
‘‘(1) WAIVER
AUTHORITY.—Notwithstanding 
any other provision of law, unless enacted with spe-
cific reference to this section, for any affected insti-
tution that was receiving assistance under this title 
at the time of a covered hurricane disaster, the Sec-
retary shall, for each of the fiscal years 2020 
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through 2022 (and may, for each of the fiscal years 
2023 and 2024)— 
‘‘(A) waive— 
‘‘(i) the eligibility data requirements 
set forth in section 391(d); 
‘‘(ii) the wait-out period set forth in 
section 313(d); 
‘‘(iii) 
the 
allotment 
requirements 
under section 324; and 
‘‘(iv) the use of the funding formula 
developed pursuant to section 326(f)(3); 
‘‘(B) waive or modify any statutory or reg-
ulatory provision to ensure that affected institu-
tions that were receiving assistance under this 
title at the time of a covered hurricane disaster 
are not adversely affected by any formula cal-
culation for fiscal year 2020 or for any of the 
four succeeding fiscal years, as necessary; and 
‘‘(C) make available to each affected insti-
tution an amount that is not less than the 
amount made available to such institution 
under this title for fiscal year 2017, except that 
for any fiscal year for which the funds appro-
priated for payments under this title are less 
than the appropriated level for fiscal year 2017, 
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the amount made available to such institutions 
shall be ratably reduced among the institutions 
receiving funds under this title. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) AFFECTED INSTITUTION.—The term 
‘affected institution’ means an institution of 
higher education that— 
‘‘(i) is— 
‘‘(I) a part A institution (which 
term shall have the meaning given the 
term ‘eligible institution’ under sec-
tion 312(b)); or 
‘‘(II) a part B institution, as 
such term is defined in section 
322(2), or as identified in section 
326(e); 
‘‘(ii) is located in a covered area af-
fected by a hurricane disaster; and 
‘‘(iii) is able to demonstrate that, as a 
result of the impact of a covered hurricane 
disaster, the institution— 
‘‘(I) incurred physical damage; 
‘‘(II) 
has 
pursued 
collateral 
source compensation from insurance, 
the Federal Emergency Management 
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Agency, and the Small Business Ad-
ministration, as appropriate; and 
‘‘(III) was not able to fully re-
open in existing facilities or to fully 
reopen to the pre-hurricane enroll-
ment levels during the 30-day period 
beginning on September 7, 2017. 
‘‘(B) COVERED
AREA
AFFECTED
BY
A 
HURRICANE DISASTER.—The term ‘covered area 
affected by a hurricane disaster’ means an area 
for which the President declared a major dis-
aster under section 401 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170) as a result of Hurricane 
Maria. 
‘‘(C) COVERED
HURRICANE
DISASTER.— 
The term ‘covered hurricane disaster’ means a 
major disaster that the President declared to 
exist, in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170), and 
that was caused by Hurricane Maria or Hurri-
cane Irma.’’. 
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TITLE III 
DEPARTMENT OF TRANSPORTATION 
FEDERAL HIGHWAY ADMINISTRATION 
EMERGENCY RELIEF PROGRAM 
For an additional amount for the Emergency Relief 
Program as authorized under section 125 of title 23, 
United States Code, $1,250,000,000, to remain available 
until expended: Provided, That such amount is designated 
by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985. 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Community Develop-
ment Fund’’, $2,000,000,000 (reduced by $1,000,000) 
(increased by $1,000,000), to remain available until ex-
pended, for necessary expenses for activities authorized 
under title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 
relief, long-term recovery, restoration of infrastructure 
and housing, economic revitalization, and mitigation in the 
most impacted and distressed areas resulting from an 
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emergency declaration relating to earthquakes that oc-
curred in 2020 or a declaration of a major disaster that 
occurred in 2020 pursuant to the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.): Provided, That funds shall be awarded di-
rectly to the State, unit of general local government, or 
Indian tribe (as such term is defined in section 102 of 
the Housing and Community Development Act of 1974) 
at the discretion of the Secretary: Provided further, That 
in determining the amount allocated under this heading 
for any grantee, the Secretary shall include an additional 
amount for mitigation that is not less than 45 percent of 
the amount allocated for such grantee for unmet needs: 
Provided further, That the Secretary shall allocate for 
grantees, based on the best available data, funds provided 
for assistance under this heading no later than 60 days 
after the date the disaster occurs, or the date of enactment 
of this Act, whichever is later: Provided further, That the 
Secretary may extend the deadline in the preceding pro-
viso by an additional 30 days if the Secretary jointly cer-
tifies with the Administrator of the Federal Emergency 
Management Agency for each such extension, that the 
Federal Emergency Management Agency has not made 
sufficient information available to the Secretary regarding 
relevant unmet recovery needs to make allocations in ac-
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mission of, any plan that is disapproved: Provided further, 
That the Secretary shall approve or disapprove a plan 
amendment not later than 30 days after receipt of such 
amendments or resubmission: Provided further, That the 
Secretary shall ensure that all grant agreements necessary 
for prompt disbursement of funds allocated to a grantee 
are executed no later than 60 days after the date of ap-
proval of a grantee’s plan: Provided further, That prior 
to making any grant of funds provided under this heading 
the Secretary, (1) must receive from the grantee informa-
tion that allows the Secretary to certify that such grantee 
has in place proficient financial controls and procurement 
processes and has established adequate procedures to pre-
vent any duplication of benefits as defined by section 312 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5155), to ensure timely expend-
iture of funds, to maintain comprehensive websites regard-
ing all disaster recovery activities assisted with these 
funds, and to detect and prevent waste, fraud, and abuse 
of funds, and (2) shall certify in advance that such grantee 
has in place such controls, processes and procedure: Pro-
vided further, That the Secretary shall not prohibit the 
use of funds made available under this heading for non- 
Federal share as authorized by section 105(a)(9) of the 
Housing and Community Development Act of 1974 (42 
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U.S.C. 5305(a)(9)): Provided further, That with the 
amounts made available under this heading, grantees may 
establish grant programs to assist small businesses for 
working capital purposes to aid in recovery: Provided fur-
ther, That with respect to any such duplication of benefits, 
the Secretary shall act in accordance with section 1210 
of the Disaster Recovery Reform Act of 2018 (division D 
of Public Law 115–254; 132 Stat. 3442) and section 312 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5155): Provided further, That 
the Secretary shall require grantees to maintain on a pub-
lic website information, ensuring meaningful access for in-
dividuals with limited English proficiency in accordance 
with the Final Guidance issued by the Department of 
Housing and Urban Development on January 22, 2007 
(72 Fed. Reg. 2732), containing common reporting cri-
teria established by the Department that permits individ-
uals and entities awaiting assistance and the general pub-
lic to see how all grant funds are used, including copies 
of all relevant procurement documents, grantee adminis-
trative contracts and details of ongoing procurement proc-
esses, as determined by the Secretary: Provided further, 
That such funds may not be used for activities reimburs-
able by, or for which funds have been made available by, 
the Federal Emergency Management Agency or the Army 
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Corps of Engineers: Provided further, That funds allocated 
under this heading shall not be considered relevant to the 
non-disaster formula allocations made pursuant to section 
106 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5306): Provided further, That a State, 
unit of general local government, or Indian tribe may use 
up to 5 percent of its allocation for administrative costs: 
Provided further, That in administering the funds under 
this heading, the Secretary of Housing and Urban Devel-
opment may waive, or specify alternative requirements for, 
any provision of any statute or regulation that the Sec-
retary administers in connection with the obligation by the 
Secretary or the use by the recipient of these funds (except 
for any requirements related to fair housing, non-
discrimination, labor standards, the environment, and any 
timelines specified under this heading), if the Secretary 
finds that good cause exists for the waiver or alternative 
requirement and such waiver or alternative requirement 
would not be inconsistent with the overall purpose of title 
I of the Housing and Community Development Act of 
1974: Provided further, That, notwithstanding the pre-
ceding proviso, recipients of funds provided under this 
heading that use such funds to supplement Federal assist-
ance provided under section 402, 403, 404, 406, 407, 
408(c)(4), or 502 of the Robert T. Stafford Disaster Re-
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lief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) may adopt, without review or public comment, any 
environmental review, approval, or permit performed by 
a Federal agency, and such adoption shall satisfy the re-
sponsibilities of the recipient with respect to such environ-
mental review, approval or permit: Provided further, That, 
notwithstanding section 104(g)(2) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 
5304(g)(2)), the Secretary may, upon receipt of a request 
for release of funds and certification, immediately approve 
the release of funds for an activity or project assisted 
under this heading if the recipient has adopted an environ-
mental review, approval or permit under the preceding 
proviso or the activity or project is categorically excluded 
from review under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.): Provided further, That 
the Secretary shall publish via notice in the Federal Reg-
ister any waiver, or alternative requirement, to any statute 
or regulation that the Secretary administers pursuant to 
title I of the Housing and Community Development Act 
of 1974 no later than 5 days before the effective date of 
such waiver or alternative requirement: Provided further, 
That of the amounts made available under this heading, 
up to $5,000,000 shall be made available for capacity 
building and technical assistance, including assistance on 
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contracting and procurement processes, to support States, 
units of general local government, or Indian tribes (and 
their subrecipients) that receive allocations pursuant to 
this heading, or may receive similar allocations for disaster 
recovery in future appropriations Acts: Provided further, 
That of the amounts made available under this heading, 
up to $2,500,000 shall be transferred, in aggregate, to 
‘‘Department of Housing and Urban Development—Pro-
gram Office Salaries and Expenses—Community Planning 
and Development’’ for necessary costs, including informa-
tion technology costs, of administering and overseeing the 
obligation and expenditure of amounts under this heading: 
Provided further, That the amount specified in the pre-
ceding proviso shall be combined with funds appropriated 
under the same heading in prior appropriations Acts with-
out limitation: Provided further, That the Secretary shall 
transmit each certification made under the authorities 
provided in this Act to the Committees on Appropriations 
of the House of Representatives and the Senate no later 
than 3 days after making any such certification: Provided 
further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985: Provided further, That 
amounts repurposed under this heading that were pre-
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viously designated by the Congress as an emergency re-
quirement pursuant to the Balanced Budget and Emer-
gency Deficit Control Act are designated by the Congress 
as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 301. For an additional amount for ‘‘Department 
of Housing and Urban Development—Community Plan-
ning and Development—Community Development Fund’’, 
$1,260,000,000 (increased by $45,000,000), to remain 
available until expended, which amounts shall be allocated 
and used under the same authority and conditions as the 
additional appropriations under the heading ‘‘Department 
of Housing and Urban Development—Community Plan-
ning and Development—Community Development Fund’’ 
of title XI of the Additional Supplemental Appropriations 
for Disaster Relief Act, 2019 (Public Law 116–20; 133 
Stat. 896): Provided, That not less than $1,530,000,000 
of the funds made available in this section and under the 
heading ‘‘Department of Housing and Urban Develop-
ment—Community Planning and Development—Commu-
nity Development Fund’’ of title XI of the Additional Sup-
plemental Appropriations for Disaster Relief Act, 2019 
(Public Law 116–20) shall be allocated to grantees, no 
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