S.Amdt. 234

SA 234. Mr. LEAHY (for himself, Ms. Baldwin, Mr. Blumenthal, Mr.
Booker, Mr. Durbin, Mrs. Gillibrand, Mr. Markey, Mr. Menendez, Mrs.
Murray, Mr. Sanders, Mr. Van Hollen, Ms. Warren, Mr. Brown, Ms. Harris,
Mr. Schumer, Mr. Cardin, Ms. Cortez Masto, and Ms. Klobuchar) 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:

(1) On page 2, strike line 6 through line 17 on page 4 and
insert the following:
For an additional amount for the ``Office of the
Secretary'', $3,005,442,000, which shall remain available
until December 31, 2020, for necessary expenses related to
losses of crops (including milk and harvested adulterated
wine grapes), trees, bushes, and vines, as a consequence of
Hurricanes Michael and Florence, other hurricanes, floods,
tornadoes, typhoons, volcanic activity, snow storms, and
wildfires occurring in calendar years 2018 and 2019 under
such terms and conditions as determined by the Secretary:
Provided, That the Secretary may provide assistance for such
losses in the form of block grants to eligible states and
territories and such assistance may include compensation to
producers, as determined by the Secretary, for forest
restoration and poultry and livestock losses:  Provided
further, That of the amounts provided under this heading,
tree assistance payments may be made under section 1501(e) of
the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible
orchardists or nursery tree growers (as defined in such
section) of pecan trees with a tree mortality rate that
exceeds 7.5 percent (adjusted for normal mortality) and is
less than 15 percent (adjusted for normal mortality), to be
available until expended, for losses incurred during the
period beginning January 1, 2018, and ending December 31,
2018:  Provided further, That in the case of producers
impacted by volcanic activity that resulted in the loss of
crop land, or access to crop land, the Secretary shall
consider all measures available, as appropriate, to bring
replacement land into production:  Provided further, That the
total amount of payments received under this heading and
applicable policies of crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop
Disaster Assistance Program (NAP) under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) shall not exceed 90 percent of the loss as
determined by the Secretary:  Provided further, That the
total amount of payments received under this heading for
producers who did not obtain a policy or plan of insurance
for an insurable commodity for the applicable crop year under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses or did not file the required
paperwork and pay the service fee by the applicable State
filing deadline for a noninsurable commodity for the
applicable crop year under NAP for the crop incurring the
losses shall not exceed 70 percent of the loss as determined
by the Secretary:  Provided further, That producers receiving
payments under this heading, as determined by the Secretary,
shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years,
excluding tree insurance policies, and producers receiving
payments under this heading shall be required to purchase
coverage under NAP where crop insurance is not available in
the next two available crop years, as determined by the
Secretary:  Provided further, That, not later than 120 days
after the end of fiscal year 2019, the Secretary shall submit
a report to the Congress specifying the type, amount, and
method of such assistance by state and territory:  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) On page 6, strike lines 9 through 24, insert the
following, and renumber general provisions on pages 7 and 8
appropriately:
Sec. 101.  In addition to other amounts made available by
section 309 of division A of the Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2017
(Public Law 115-72; 131 Stat. 1229), there is appropriated to
the Secretary, out of any moneys in the Treasury not
otherwise appropriated, for the fiscal year ending September
30, 2019, $600,000,000 to provide a grant to the Commonwealth
of Puerto Rico for disaster nutrition assistance in response
to a major disaster or emergency designated by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.):  Provided, That the
funds made available to the Commonwealth of Puerto Rico under
this section shall remain available for obligation by the
Commonwealth until September 30, 2020, and shall be in
addition to funds otherwise made available:  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 U.S.C. 901(b)(2)(A)(i)).
Sec. 102.  There is hereby appropriated $5,000,000, to
remain available until September 30, 2020, for the Secretary
of Agriculture to conduct an independent study, including a
survey of participants, to compare the impact of the
additional benefits provided by section 309 of Public Law
115-72 to the food insecurity, health status, and well-being
of low-income residents in Puerto Rico without such
additional benefits:  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 Budget and Emergency Deficit Control Act of 1985.
Sec. 103.  In addition to amounts otherwise made available,
out of the funds made available under section 18 of Food and
Nutrition Act of 2008, $5,000,000 shall be available for the
Secretary to provide a grant to American Samoa for disaster
nutrition assistance in response to the presidentially
declared major disasters and emergencies:  Provided, That
funds made available to the territory under this section
shall remain available for obligation by the territory until
September 30, 2020:  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.
(3) On page 9, line 21, strike ``2018'' and insert ``2018,
and tornadoes and floods occurring in calendar year 2019''.
(4) On page 14, line 4, strike ``eruptions, and'' and
insert ``eruptions,''.
(5) On page 14, line 5, after ``earthquakes,'' insert ``and
calendar year 2019 tornadoes and floods,''

[[Page S2137]]

(6) On page 38, line 17, insert ``or tornadoes and floods
occurring in calendar year 2019,'' after ``2018,''.
(7) On page 39, line 20, insert ``, and tornadoes and
floods occurring in calendar year 2019'' after ``2018''.
(8) On page 40, line 13, insert ``, and tornadoes and
floods occurring in calendar year 2019'' after ``2018''.
(9) On page 42, line 10, insert ``, and tornadoes and
floods occurring in calendar year 2019'' after ``2018''.
(10) On page 43, line 17, insert ``, and tornadoes and
floods occurring in calendar year 2019'' after ``2018''.
(11) On page 66, insert the following new section at the
appropriate place:
Sec. 1104.  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.
(12) On page 66, strike lines 10 through 17.
______