S.Amdt. 205

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

[[Page S2059]]

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

[[Page S2060]]

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.''.
______