Volume 165, No. 53 covering the 1st Session of the 116th Congress (2019 - 2020) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S2058-S2060 on March 27, 2019.
More than half of the Agency's employees are engineers, scientists and protection specialists. The Climate Reality Project, a global climate activist organization, accused Agency leadership in the last five years of undermining its main mission.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 203. Ms. HARRIS (for herself and Mrs. Feinstein) submitted an amendment intended to be proposed to amendment SA 201 submitted by Mr. Shelby and intended to be proposed to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
On page 55, line 20, insert after ``Secretary:'' the following: ``Provided further, That of the amounts made available under this heading, $150,000,000 shall be allocated to meet unmet infrastructure needs for grantees that received allocations for disasters that occurred in 2017 under this heading of division B of Public Law 115-56 and title XI of Public Law 115-123:''.
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SA 204. Mr. BLUMENTHAL (for himself, Ms. Warren, Mr. Sanders, Ms. Harris, Mr. Merkley, Mr. Markey, and Mrs. Gillibrand) submitted an amendment intended to be proposed to amendment SA 201 submitted by Mr. Shelby and intended to be proposed to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title V of division A, add the following:
GENERAL PROVISIONS--THIS TITLE
Sec. 501. (a) In General.--The Federal share of assistance provided for DR-4336-PR, DR-4339-PR, DR-4340-USVI and DR-4335-USVI under sections 403, 406 and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b and 5173) shall be 100 percent of the eligible costs under such sections.
(b) Applicability.--The Federal share provided by subsection (a) shall apply to disaster assistance applied for before, on, or after the date of enactment of this Act.
Sec. 502. The Administrator of the Federal Emergency Management Agency shall provide assistance, pursuant to section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), for critical services as defined in section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the duration of the recovery for incidents DR-4404, DR-4396, and DR-4398 to--
(1) replace or restore the function of a facility or system to industry standards without regard to the pre-disaster condition of the facility or system; and
(2) replace or restore components of the facility or system not damaged by the disaster where necessary to fully effectuate the replacement or restoration of disaster-damaged components to restore the function of the facility or system to industry standards.
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SA 205. Mr. LEAHY submitted an amendment intended to be proposed to amendment SA 201 submitted by Mr. Shelby and intended to be proposed to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
Strike all after page 55, line 6 through page 62, line 6 and insert the following:
``(including transfers of funds)
``For an additional amount for `Community Development Fund', $1,491,000,000 to remain available until expended, 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 a major disaster that occurred in 2018 (except as otherwise provided under this heading) pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly 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 of the amounts made available under this heading the Secretary shall allocate an amount necessary to address unmet needs for restoration of infrastructure for grantees that received allocations for disasters that occurred in 2017 under this heading of division B of Public Law 115-56 and title XI of subdivision 1 of division B of Public Law 115-123: Provided further, That of the amounts provided in the previous proviso, the Secretary's determination of unmet needs for restoration of infrastructure shall not take into account mitigation-specific allocations: Provided further, That any funds made available under this heading and under the same heading in Public Law 115-254 that remain available, after the funds under such headings have been allocated for necessary expenses for activities authorized under such headings, shall be allocated to grantees receiving awards for disasters that occurred in 2018, for mitigation activities in the most impacted and distressed areas resulting from a major disaster that occurred in 2018: Provided further, That allocations under the previous proviso shall be made in the same proportion that the amount of funds each grantee received or will receive under this heading for unmet needs related to disasters that occurred in 2018 and the same heading in division I of Public Law 115-254 bears to the amount of all funds provided to all grantees that received allocations for disasters that occurred in 2018: Provided further, That of the amounts made available under the text preceding the first proviso under this heading and under the same heading in Public Law 115-254, the Secretary shall allocate to all such grantees an aggregate amount not less than 33 percent of the sum of such amounts of funds within 120 days after the enactment of this Act based on the best available data, and shall allocate no less than 100 percent of such funds by no later than 180 days after the enactment of this Act: Provided further, That the Secretary shall not prohibit the use of funds made available under this heading and the same heading in Public Law 115-254 for non-Federal share as authorized by section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided further, That of 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 further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent 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 expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That with respect to any such duplication of benefits, the Secretary shall act in accordance with section 1210 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 public website information containing common reporting criteria established by the Department that permits individuals and entities awaiting assistance and the general public to see how all grant funds are used, including copies of all relevant procurement documents, grantee administrative contracts and details of ongoing procurement processes, as determined by the Secretary: Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas: Provided further, That such funds may not be used for activities reimbursed by, or for which funds have been made available by, the Federal Emergency Management Agency or the Army Corps of Engineers, in excess of the authorized amount of the project or its components: 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 the first proviso under this heading in the Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (division I of Public Law 115-254) is amended by striking `State or unit of general local government' and inserting `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 (42 U.S.C. 5302))': Provided further, That the sixth proviso under this heading in the Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (division I of Public Law 115-254) is amended by striking `State or subdivision thereof' and inserting `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 (42 U.S.C. 5302))': Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), 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 preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408 (c)(4), or 502 of the Robert T. Stafford Disaster Relief 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 responsibilities of the recipient with respect to such environmental 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 environmental 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 Register 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 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, received disaster recovery allocations under the same heading in Public Law 115-254, or may receive similar allocations for disaster recovery in future appropriations Acts: Provided further, That of the amounts made available under this heading and under the same heading in Public Law 115-254, up to $2,500,000 shall be transferred, in aggregate, to `Department of Housing and Urban Development--Program Office Salaries and Expenses--Community Planning and Development' for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts under this heading: Provided further, That the amount specified in the preceding proviso shall be combined with funds appropriated under the same heading and for the same purpose in Public Law 115-254 and the aggregate of such amounts shall be available for any of the same such purposes specified under this heading or the same heading in Public Law 115-254 without limitation: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.'';
(2) at the appropriate place under title X, insert the following:
``Sec. __. Of all amounts made available for mitigation activities under the heading `Department of Housing and Urban Development--Community Development Fund' in Public Law 115-123, the Secretary shall publish in the Federal Register the allocations to all eligible grantees, and the necessary administrative requirements applicable to such allocations within 90 days after enactment of this Act;
``(1) For any plans or amendments addressing the use of any funds provided under Public Law 115-123 and received by the Secretary prior to December 22, 2018, the Secretary shall review pending amendments within 15 days of enactment of this Act and pending plans within 30 days of enactment of this Act;
``(2) After the date of this Act, the Secretary may not apply the statutory waiver or alternative requirement authority provided by Public Law 115-123 to extend or otherwise alter existing statutory and regulatory provisions governing the timeline for review of required grantee plans.'';
(3) at the appropriate place under title VI, insert the following new paragraph:
``In addition, for an additional amount for `State and Tribal Assistance Grants', $250,000,000, to remain available until expended, of which $130,500,000 shall be for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, and of which $119,500,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act: Provided, That notwithstanding section 604(a) of the Federal Water Pollution Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein shall be provided to States or Territories in EPA Regions 2, 4 and 6 in amounts determined by the Administrator for wastewater and drinking water treatment works and facilities impacted by Hurricanes Harvey, Irma, and Maria: Provided further, That, for Region 2, such funds allocated from funds appropriated herein shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3) of the Federal Water Pollution Control Act nor the matching requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That, for Region 2, notwithstanding the requirements of section 603(i) of the Federal Water Pollution Control Act and section 1452(d) of the Safe Drinking Water Act, each State and Territory shall use the full amount of its capitalization grants allocated from funds appropriated herein to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That, for Regions 4 and 6, notwithstanding the requirements of section 603(i) of the Federal Water Pollution Control Act and section 1452(d) of the Safe Drinking Water Act, for the funds allocated, each State shall use not less than 20 percent but not more than 30 percent amount of its capitalization grants allocated from funds appropriated herein to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That the Administrator shall retain $37,300,000 of the funds appropriated herein for grants to any state or territory that has not established a water pollution control revolving fund pursuant to title VI of the Federal Water Pollution Control Act or section 1452 of the Safe Drinking Water Act for drinking water facilities and waste water treatment plants impacted by Hurricanes Irma and Maria: Provided further, That the funds appropriated herein shall only be used for eligible projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works as defined by section 212 of the Federal Water Pollution Control Act or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other eligible tasks at such treatment works or facilities necessary to further such purposes: Provided further, That, for Region 2, notwithstanding section 603(d)(2) of the Federal Water Pollution Control Act and section 1452(f)(2) of the Safe Drinking Water Act, funds allocated from funds appropriated herein may be used to make loans or to buy, refinance or restructure the debt obligations of eligible recipients only where such debt was incurred on or after September 20, 2017: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.''; and
(4) at the appropriate place under title VII, insert the following:
``GENERAL PROVISIONS--THIS TITLE
``Sec. __. (a) Section 1108(g)(5) of the Social Security Act (42 U.S.C. 1308(g)(5)) is amended--
``(1) in subparagraph (A), by striking `and (E)' and inserting `(E), and (F)';
``(2) in subparagraph (C), in the matter preceding clause
(i), by striking `and (E)' and inserting `and (F)';
``(3) by redesignating subparagraph (E) as subparagraph
(F);
``(4) by inserting after subparagraph (D), the following:
`` `(E) Subject to subparagraph (F), for the period beginning January 1, 2019, and ending September 30, 2019, the amount of the increase otherwise provided under subparagraph
(A) for the Northern Mariana Islands shall be further increased by $36,000,000.'; and
``(5) in subparagraph (F) (as redesignated by paragraph (3) of this section)--
``(A) by striking `title XIX, during'and inserting ``title XIX--
`` `(i) during';
``(B) by striking `and (D)' and inserting `, (D), and (E)';
``(C) by striking `and the Virgin Islands' each place it appears and inserting `, the Virgin Islands, and the Northern Mariana Islands';
``(D) by striking the period at the end and inserting `; and'; and
``(E) by adding at the end the following:
`` `(ii) for the period beginning January 1, 2019, and ending September 30, 2019, with respect to payments to Guam and American Samoa from the additional funds provided under subparagraph (A), the Secretary shall increase the Federal medical assistance percentage or other rate that would otherwise apply to such payments to 100 percent.'.
``(b) The amounts provided by the amendments made by subsection (a) 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.''.
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SA 206. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment intended to be proposed by him to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
On page 55, line 7, strike ``$1,060,000,000'' and insert
``$2,940,000,000''.
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SA 207. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment intended to be proposed by him to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
On page 20, line 5, strike ``$740,000,000'' and insert
``$1,500,000,000''.
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SA 208. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment intended to be proposed by him to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
On page 19, line 11, strike ``$35,000,000'' and insert
``$96,000,000''.
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SA 209. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment intended to be proposed by him to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
On page 18, line 5, strike ``$200,000,000'' and insert
``$1,180,000,000''.
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SA 210. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment intended to be proposed by him to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
On page 18, line 5, strike ``$200,000,000'' and insert
``$1,180,000,000''.
On page 19, line 11, strike ``$35,000,000'' and insert
``$96,000,000''.
On page 20, line 5, strike ``$740,000,000'' and insert
``$1,500,000,000''.
On page 55, line 7, strike ``$1,060,000,000'' and insert
``$2,940,000,000''.
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SA 211. Mr. TILLIS (for himself, Mr. Burr, Mr. Cornyn, and Mr. Cruz) submitted an amendment intended to be proposed to amendment SA 201 submitted by Mr. Shelby and intended to be proposed to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AUTHORITY TO BEGIN PLANNING AND CONSTRUCTION OF
CERTAIN HAZARD MITIGATION PROJECTS.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency;
(2) the term ``covered project'' means a project--
(A) that will result in protection to property; and
(B) for which an entity initiated planning or construction before or after requesting assistance for the project under a hazard mitigation grant program; and
(3) the term ``hazard mitigation grant program'' means--
(A) the predisaster hazard mitigation grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133);
(B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and
(C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c).
(b) Eligibility for Assistance for Initiated Projects.--
(1) In general.--Notwithstanding any other provision of law, an entity seeking hazard mitigation assistance under a hazard mitigation grant program shall be eligible to receive such assistance for a covered project if the entity--
(A) complies with all other eligibility requirements of the hazard mitigation grant program; and
(B) complies with all Federal planning and building requirements for the project.
(2) Costs incurred.--An entity seeking hazard mitigation assistance under a hazard mitigation grant program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance.
(c) Applicability.--This section shall apply to any application for hazard mitigation assistance for a covered project submitted on or after January 1, 2016.
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SA 212. Mr. CORNYN (for himself, Mr. Cruz, Mr. Cassidy, Mr. Rubio, Mr. Tillis, Mr. Burr, and Mr. Kennedy) submitted an amendment intended to be proposed to amendment SA 201 submitted by Mr. Shelby and intended to be proposed to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __01. For all amounts made available for mitigation activities under the heading ``Department of Housing and Urban Development--Community Planning and Development--Community Development Fund'' in Public Law 115-123, the Secretary of Housing and Urban Development shall, not later than 90 days after enactment of this Act, publish in the Federal Register the allocations made to all eligible grantees and the necessary administrative requirements applicable to those allocations.
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