H. R. 5687 — Emergency Supplemental Appropriations for Disaster Relief Act, 2020 (Calendar No. 416)
Summary
H. R. 5687 is an Act making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. It was received in the Senate on February 10, 2020 and read the first time, then read the second time and placed on the calendar on February 11, 2020 as Calendar No. 416. The table of contents lists Division A, Emergency Supplemental Appropriations for Disaster Relief Act, 2020, Division B, Puerto Rico Disaster Tax Relief Act of 2020, and Division C, Budgetary Effects. Division A begins with Title I, Department of Energy, including $6,750,000 for Cybersecurity, Energy Security, and Emergency Response.
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Cite this document
“H. R. 5687 — Emergency Supplemental Appropriations for Disaster Relief Act, 2020 (Calendar No. 416).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr5687pcs-bills-116hr5687pcs/
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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.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Emergency Supple-
5 mental Appropriations for Disaster Relief and Puerto Rico
6 Disaster Tax Relief Act, 2020’’.
7 SEC. 2. TABLE OF CONTENTS.
8 The table of contents of this Act is as follows:
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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
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
6 DIVISION A—EMERGENCY SUPPLE-
7 MENTAL APPROPRIATIONS FOR DIS-
8 ASTER RELIEF ACT, 2020
9 That the following sums are appropriated, out of any
10 money in the Treasury not otherwise appropriated, for the
11 fiscal year ending September 30, 2020, and for other pur-
12 poses, namely:
13 TITLE I
14 DEPARTMENT OF ENERGY
15 ENERGY PROGRAMS
16 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY
17 RESPONSE
18 For an additional amount for ‘‘Cybersecurity, Energy
19 Security, and Emergency Response’’, $6,750,000, to re-
20 main available until expended, for necessary expenses re-
21 lated to providing technical assistance related to natural
22 disasters in U.S. territories, including technical assistance
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23 related to electric grids: Provided, That such amount is
24 designated by the Congress as being for an emergency re-
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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 ELECTRICITY
4 For an additional amount for ‘‘Electricity’’,
5 $15,000,000 (increased by $3,000,000), to remain avail-
6 able until expended, for necessary expenses related to pro-
7 viding technical assistance related to natural disasters in
8 U.S. territories, including technical assistance related to
9 electric grids: Provided, 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 Budg-
12 et and Emergency Deficit Control Act of 1985.
13 TITLE II
14 DEPARTMENT OF EDUCATION
15 HURRICANE EDUCATION RECOVERY
16 (INCLUDING TRANSFER OF FUNDS)
17 For an additional amount for ‘‘Hurricane Education
18 Recovery’’ for necessary expenses related to the con-
19 sequences of earthquakes occurring in calendar years
20 2019 and 2020 as of the date of enactment of this Act
21 in those areas for which a major disaster or emergency
22 has been declared under section 401 or 501 of the Robert
23 T. Stafford Disaster Relief and Emergency Assistance Act
24 (42 U.S.C. 5170 and 5191) (referred to under this head-
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25 ing as ‘‘covered disaster or emergency’’), $100,000,000
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1 (increased by $1,000,000), to remain available through
2 September 30, 2022, for assisting in meeting the edu-
3 cational needs of individuals affected by a covered disaster
4 or emergency: Provided, That such assistance shall be pro-
5 vided through any of the programs authorized under this
6 heading in title VIII of subdivision 1 of division B of the
7 Bipartisan Budget Act of 2018 (Public Law 115–123; 132
8 Stat. 95), as amended by section 201 of this Act, as deter-
9 mined by the Secretary of Education, and subject to the
10 terms and conditions that applied to those programs, ex-
11 cept that references to dates and school years in such Act
12 shall be deemed to be the corresponding dates and school
13 years for the covered disaster or emergency: Provided fur-
14 ther, That the Secretary of Education may determine the
15 amounts to be used for each such program and shall notify
16 the Committees on Appropriations of the House of Rep-
17 resentatives and the Senate of these amounts not later
18 than 7 days prior to obligation: Provided further, That
19 $1,000,000 of the funds made available under this head-
20 ing, to remain available until expended, shall be trans-
21 ferred to the Office of the Inspector General of the De-
22 partment of Education for oversight of activities sup-
23 ported with funds appropriated under this heading, and
24 up to $500,000 of the funds made available under this
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25 heading shall be for program administration: Provided fur-
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1 ther, That such amount is designated by the Congress as
2 being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 GENERAL PROVISIONS—THIS TITLE
6 SEC. 201. (a) The second proviso under the heading
7 ‘‘Department of Education—Hurricane Education Recov-
8 ery’’ under title VIII of subdivision 1 of division B of the
9 Bipartisan Budget Act of 2018 (Public Law 115–123; 132
10 Stat. 95) is amended—
11 (1) in paragraph (2)—
12 (A) in subparagraph (I), by striking ‘‘and’’
13 after the semicolon;
14 (B) in subparagraph (J) by inserting
15 ‘‘and’’ at the end; and
16 (C) by adding at the end the following:
17 ‘‘(K) assistance provided to an eligible en-
18 tity under paragraph (1)(A) that was affected
19 by Hurricane Maria or earthquakes occurring
20 in calendar years 2019 and 2020 as of the date
21 of enactment of the ‘Emergency Supplemental
22 Appropriations for Disaster Relief Act, 2020’,
23 to assist with restarting school operations, in-
24 cluding assistance provided to an eligible entity
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25 before the date of enactment of the ‘Emergency
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1 Supplemental Appropriations for Disaster Re-
2 lief Act, 2020’, may be used by the eligible enti-
3 ty to pay the non-Federal share of a project de-
4 scribed in section 406 of the Robert T. Stafford
5 Disaster and Relief Emergency Act (42 U.S.C.
6 5172), notwithstanding section 102(e)(3)(A) of
7 title IV of division B of Public Law 109–148
8 (119 Stat. 2794);’’;
9 (2) in paragraph (9), by striking ‘‘and’’ after
10 the semicolon;
11 (3) by redesignating paragraph (10) as para-
12 graph (11); and
13 (4) by inserting after paragraph (9) the fol-
14 lowing:
15 ‘‘(10) if the amount available under paragraph
16 (3) is insufficient to meet the need for such assist-
17 ance as demonstrated by applications submitted by
18 eligible entities, the Secretary may use additional
19 funds available under this heading to fully fund ap-
20 proved applications; and’’.
21 (b) Amounts repurposed pursuant to the amendments
22 made by subsection (a) that were previously designated
23 by the Congress as an emergency requirement pursuant
24 to the Balanced Budget and Emergency Deficit Control
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25 Act of 1985 are designated by the Congress as being for
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1 an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 SEC. 202. (a) Amounts previously made available for
5 activities authorized under ‘‘Department of Education—
6 Hurricane Education Recovery’’ in title VIII of subdivi-
7 sion 1 of division B of the Bipartisan Budget Act of 2018
8 (Public Law 115–123; 132 Stat. 95) may be used to ad-
9 dress unmet needs, as determined by the Secretary, for
10 that heading in this Act and in the Additional Supple-
11 mental Appropriations for Disaster Relief Act, 2019 (Pub-
12 lic Law 116–20; 133 Stat. 890). In addition, any funds
13 provided under the heading ‘‘Department of Education—
14 Hurricane Education Recovery’’ in this Act that are allo-
15 cated in response to a covered disaster or emergency may
16 be used interchangeably and without limitation for the
17 same activities related to Hurricanes Maria and Irma.
18 (b) Amounts repurposed pursuant to this section that
19 were previously designated by the Congress, respectively,
20 as an emergency requirement or as being for disaster relief
21 pursuant to the Balanced Budget and Emergency Deficit
22 Control Act are 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
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25 Deficit Control Act of 1985 or as being for disaster relief
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1 pursuant to section 251(b)(2)(D) of the Balanced Budget
2 and Emergency Deficit Control Act of 1985.
3 SEC. 203. Not later than 30 days after the date of
4 enactment of this Act, the Secretary of Education shall
5 provide a detailed spend plan of anticipated uses of funds
6 made available in this title, including estimated personnel
7 and administrative costs, to the Committees on Appropria-
8 tions of the House of Representatives and the Senate: Pro-
9 vided, That such plan shall be updated and submitted to
10 the Committees on Appropriations of the House of Rep-
11 resentatives and the Senate every 60 days until all funds
12 are expended or expire.
13 SEC. 204. Section 392 of the Higher Education Act
14 of 1965 (20 U.S.C. 1068a) is amended by adding at the
15 end the following:
16 ‘‘(d) WAIVER AUTHORITY WITH RESPECT TO INSTI-
17 TUTIONS LOCATED IN AN AREA AFFECTED BY HURRI-
18 CANE MARIA.—
19 ‘‘(1) WAIVER AUTHORITY.—Notwithstanding
20 any other provision of law, unless enacted with spe-
21 cific reference to this section, for any affected insti-
22 tution that was receiving assistance under this title
23 at the time of a covered hurricane disaster, the Sec-
24 retary shall, for each of the fiscal years 2020
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1 through 2022 (and may, for each of the fiscal years
2 2023 and 2024)—
3 ‘‘(A) waive—
4 ‘‘(i) the eligibility data requirements
5 set forth in section 391(d);
6 ‘‘(ii) the wait-out period set forth in
7 section 313(d);
8 ‘‘(iii) the allotment requirements
9 under section 324; and
10 ‘‘(iv) the use of the funding formula
11 developed pursuant to section 326(f)(3);
12 ‘‘(B) waive or modify any statutory or reg-
13 ulatory provision to ensure that affected institu-
14 tions that were receiving assistance under this
15 title at the time of a covered hurricane disaster
16 are not adversely affected by any formula cal-
17 culation for fiscal year 2020 or for any of the
18 four succeeding fiscal years, as necessary; and
19 ‘‘(C) make available to each affected insti-
20 tution an amount that is not less than the
21 amount made available to such institution
22 under this title for fiscal year 2017, except that
23 for any fiscal year for which the funds appro-
24 priated for payments under this title are less
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25 than the appropriated level for fiscal year 2017,
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1 the amount made available to such institutions
2 shall be ratably reduced among the institutions
3 receiving funds under this title.
4 ‘‘(2) DEFINITIONS.—In this subsection:
5 ‘‘(A) AFFECTED INSTITUTION.—The term
6 ‘affected institution’ means an institution of
7 higher education that—
8 ‘‘(i) is—
9 ‘‘(I) a part A institution (which
10 term shall have the meaning given the
11 term ‘eligible institution’ under sec-
12 tion 312(b)); or
13 ‘‘(II) a part B institution, as
14 such term is defined in section
15 322(2), or as identified in section
16 326(e);
17 ‘‘(ii) is located in a covered area af-
18 fected by a hurricane disaster; and
19 ‘‘(iii) is able to demonstrate that, as a
20 result of the impact of a covered hurricane
21 disaster, the institution—
22 ‘‘(I) incurred physical damage;
23 ‘‘(II) has pursued collateral
24 source compensation from insurance,
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25 the Federal Emergency Management
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1 Agency, and the Small Business Ad-
2 ministration, as appropriate; and
3 ‘‘(III) was not able to fully re-
4 open in existing facilities or to fully
5 reopen to the pre-hurricane enroll-
6 ment levels during the 30-day period
7 beginning on September 7, 2017.
8 ‘‘(B) COVERED AREA AFFECTED BY A
9 HURRICANE DISASTER.—The term ‘covered area
10 affected by a hurricane disaster’ means an area
11 for which the President declared a major dis-
12 aster under section 401 of the Robert T. Staf-
13 ford Disaster Relief and Emergency Assistance
14 Act (42 U.S.C. 5170) as a result of Hurricane
15 Maria.
16 ‘‘(C) COVERED HURRICANE DISASTER.—
17 The term ‘covered hurricane disaster’ means a
18 major disaster that the President declared to
19 exist, in accordance with section 401 of the
20 Robert T. Stafford Disaster Relief and Emer-
21 gency Assistance Act (42 U.S.C. 5170), and
22 that was caused by Hurricane Maria or Hurri-
23 cane Irma.’’.
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1 TITLE III
2 DEPARTMENT OF TRANSPORTATION
3 FEDERAL HIGHWAY ADMINISTRATION
4 EMERGENCY RELIEF PROGRAM
5 For an additional amount for the Emergency Relief
6 Program as authorized under section 125 of title 23,
7 United States Code, $1,250,000,000, to remain available
8 until expended: Provided, That such amount is designated
9 by the Congress as being for an emergency requirement
10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
11 et and Emergency Deficit Control Act of 1985.
12 DEPARTMENT OF HOUSING AND URBAN
13 DEVELOPMENT
14 COMMUNITY PLANNING AND DEVELOPMENT
15 COMMUNITY DEVELOPMENT FUND
16 (INCLUDING TRANSFERS OF FUNDS)
17 For an additional amount for ‘‘Community Develop-
18 ment Fund’’, $2,000,000,000 (reduced by $1,000,000)
19 (increased by $1,000,000), to remain available until ex-
20 pended, for necessary expenses for activities authorized
21 under title I of the Housing and Community Development
22 Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster
23 relief, long-term recovery, restoration of infrastructure
24 and housing, economic revitalization, and mitigation in the
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25 most impacted and distressed areas resulting from an
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1 emergency declaration relating to earthquakes that oc-
2 curred in 2020 or a declaration of a major disaster that
3 occurred in 2020 pursuant to the Robert T. Stafford Dis-
4 aster Relief and Emergency Assistance Act (42 U.S.C.
5 5121 et seq.): Provided, That funds shall be awarded di-
6 rectly to the State, unit of general local government, or
7 Indian tribe (as such term is defined in section 102 of
8 the Housing and Community Development Act of 1974)
9 at the discretion of the Secretary: Provided further, That
10 in determining the amount allocated under this heading
11 for any grantee, the Secretary shall include an additional
12 amount for mitigation that is not less than 45 percent of
13 the amount allocated for such grantee for unmet needs:
14 Provided further, That the Secretary shall allocate for
15 grantees, based on the best available data, funds provided
16 for assistance under this heading no later than 60 days
17 after the date the disaster occurs, or the date of enactment
18 of this Act, whichever is later: Provided further, That the
19 Secretary may extend the deadline in the preceding pro-
20 viso by an additional 30 days if the Secretary jointly cer-
21 tifies with the Administrator of the Federal Emergency
22 Management Agency for each such extension, that the
23 Federal Emergency Management Agency has not made
24 sufficient information available to the Secretary regarding
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25 relevant unmet recovery needs to make allocations in ac-
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1 cordance with such deadlines: Provided further, That not
2 later than 5 days after making any such certification, the
3 Secretary shall transmit to the Committees on Appropria-
4 tions of the House of Representatives and the Senate, and
5 publish in the Federal Register such certification: Pro-
6 vided further, That not later than 90 days after the alloca-
7 tion of funds made to a grantee under this heading and
8 before the Secretary obligates any of such funds for a
9 grantee, the grantee shall submit a plan to the Secretary
10 for approval detailing the proposed use of all funds, in-
11 cluding criteria for eligibility and how the use of these
12 funds will address long-term recovery and restoration of
13 infrastructure and housing, economic revitalization, and
14 mitigation in the most impacted and distressed areas: Pro-
15 vided further, That the Secretary shall approve or dis-
16 approve such plan not later than 60 days after submission
17 of the plan to the Secretary, and shall immediately notify
18 the applicant of the Secretary’s decision: Provided further,
19 That if the Secretary disapproves a plan, not later than
20 3 days after such disapproval the Secretary shall inform
21 the applicant in writing of (A) the reasons for disapproval,
22 and (B) actions that the applicant could take to meet the
23 criteria for approval: Provided further, That the Secretary
24 shall, for a period of not less than 45 days following the
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25 date of disapproval, permit amendments to, or the resub-
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1 mission of, any plan that is disapproved: Provided further,
2 That the Secretary shall approve or disapprove a plan
3 amendment not later than 30 days after receipt of such
4 amendments or resubmission: Provided further, That the
5 Secretary shall ensure that all grant agreements necessary
6 for prompt disbursement of funds allocated to a grantee
7 are executed no later than 60 days after the date of ap-
8 proval of a grantee’s plan: Provided further, That prior
9 to making any grant of funds provided under this heading
10 the Secretary, (1) must receive from the grantee informa-
11 tion that allows the Secretary to certify that such grantee
12 has in place proficient financial controls and procurement
13 processes and has established adequate procedures to pre-
14 vent any duplication of benefits as defined by section 312
15 of the Robert T. Stafford Disaster Relief and Emergency
16 Assistance Act (42 U.S.C. 5155), to ensure timely expend-
17 iture of funds, to maintain comprehensive websites regard-
18 ing all disaster recovery activities assisted with these
19 funds, and to detect and prevent waste, fraud, and abuse
20 of funds, and (2) shall certify in advance that such grantee
21 has in place such controls, processes and procedure: Pro-
22 vided further, That the Secretary shall not prohibit the
23 use of funds made available under this heading for non-
24 Federal share as authorized by section 105(a)(9) of the
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25 Housing and Community Development Act of 1974 (42
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1 U.S.C. 5305(a)(9)): Provided further, That with the
2 amounts made available under this heading, grantees may
3 establish grant programs to assist small businesses for
4 working capital purposes to aid in recovery: Provided fur-
5 ther, That with respect to any such duplication of benefits,
6 the Secretary shall act in accordance with section 1210
7 of the Disaster Recovery Reform Act of 2018 (division D
8 of Public Law 115–254; 132 Stat. 3442) and section 312
9 of the Robert T. Stafford Disaster Relief and Emergency
10 Assistance Act (42 U.S.C. 5155): Provided further, That
11 the Secretary shall require grantees to maintain on a pub-
12 lic website information, ensuring meaningful access for in-
13 dividuals with limited English proficiency in accordance
14 with the Final Guidance issued by the Department of
15 Housing and Urban Development on January 22, 2007
16 (72 Fed. Reg. 2732), containing common reporting cri-
17 teria established by the Department that permits individ-
18 uals and entities awaiting assistance and the general pub-
19 lic to see how all grant funds are used, including copies
20 of all relevant procurement documents, grantee adminis-
21 trative contracts and details of ongoing procurement proc-
22 esses, as determined by the Secretary: Provided further,
23 That such funds may not be used for activities reimburs-
24 able by, or for which funds have been made available by,
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25 the Federal Emergency Management Agency or the Army
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1 Corps of Engineers: Provided further, That funds allocated
2 under this heading shall not be considered relevant to the
3 non-disaster formula allocations made pursuant to section
4 106 of the Housing and Community Development Act of
5 1974 (42 U.S.C. 5306): Provided further, That a State,
6 unit of general local government, or Indian tribe may use
7 up to 5 percent of its allocation for administrative costs:
8 Provided further, That in administering the funds under
9 this heading, the Secretary of Housing and Urban Devel-
10 opment may waive, or specify alternative requirements for,
11 any provision of any statute or regulation that the Sec-
12 retary administers in connection with the obligation by the
13 Secretary or the use by the recipient of these funds (except
14 for any requirements related to fair housing, non-
15 discrimination, labor standards, the environment, and any
16 timelines specified under this heading), if the Secretary
17 finds that good cause exists for the waiver or alternative
18 requirement and such waiver or alternative requirement
19 would not be inconsistent with the overall purpose of title
20 I of the Housing and Community Development Act of
21 1974: Provided further, That, notwithstanding the pre-
22 ceding proviso, recipients of funds provided under this
23 heading that use such funds to supplement Federal assist-
24 ance provided under section 402, 403, 404, 406, 407,
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25 408(c)(4), or 502 of the Robert T. Stafford Disaster Re-
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1 lief and Emergency Assistance Act (42 U.S.C. 5121 et
2 seq.) may adopt, without review or public comment, any
3 environmental review, approval, or permit performed by
4 a Federal agency, and such adoption shall satisfy the re-
5 sponsibilities of the recipient with respect to such environ-
6 mental review, approval or permit: Provided further, That,
7 notwithstanding section 104(g)(2) of the Housing and
8 Community Development Act of 1974 (42 U.S.C.
9 5304(g)(2)), the Secretary may, upon receipt of a request
10 for release of funds and certification, immediately approve
11 the release of funds for an activity or project assisted
12 under this heading if the recipient has adopted an environ-
13 mental review, approval or permit under the preceding
14 proviso or the activity or project is categorically excluded
15 from review under the National Environmental Policy Act
16 of 1969 (42 U.S.C. 4321 et seq.): Provided further, That
17 the Secretary shall publish via notice in the Federal Reg-
18 ister any waiver, or alternative requirement, to any statute
19 or regulation that the Secretary administers pursuant to
20 title I of the Housing and Community Development Act
21 of 1974 no later than 5 days before the effective date of
22 such waiver or alternative requirement: Provided further,
23 That of the amounts made available under this heading,
24 up to $5,000,000 shall be made available for capacity
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25 building and technical assistance, including assistance on
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1 contracting and procurement processes, to support States,
2 units of general local government, or Indian tribes (and
3 their subrecipients) that receive allocations pursuant to
4 this heading, or may receive similar allocations for disaster
5 recovery in future appropriations Acts: Provided further,
6 That of the amounts made available under this heading,
7 up to $2,500,000 shall be transferred, in aggregate, to
8 ‘‘Department of Housing and Urban Development—Pro-
9 gram Office Salaries and Expenses—Community Planning
10 and Development’’ for necessary costs, including informa-
11 tion technology costs, of administering and overseeing the
12 obligation and expenditure of amounts under this heading:
13 Provided further, That the amount specified in the pre-
14 ceding proviso shall be combined with funds appropriated
15 under the same heading in prior appropriations Acts with-
16 out limitation: Provided further, That the Secretary shall
17 transmit each certification made under the authorities
18 provided in this Act to the Committees on Appropriations
19 of the House of Representatives and the Senate no later
20 than 3 days after making any such certification: Provided
21 further, That such amount is designated by the Congress
22 as being for an emergency requirement pursuant to sec-
23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
24 gency Deficit Control Act of 1985: Provided further, That
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25 amounts repurposed under this heading that were pre-
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1 viously designated by the Congress as an emergency re-
2 quirement pursuant to the Balanced Budget and Emer-
3 gency Deficit Control Act are designated by the Congress
4 as an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7 GENERAL PROVISIONS—THIS TITLE
8 SEC. 301. For an additional amount for ‘‘Department
9 of Housing and Urban Development—Community Plan-
10 ning and Development—Community Development Fund’’,
11 $1,260,000,000 (increased by $45,000,000), to remain
12 available until expended, which amounts shall be allocated
13 and used under the same authority and conditions as the
14 additional appropriations under the heading ‘‘Department
15 of Housing and Urban Development—Community Plan-
16 ning and Development—Community Development Fund’’
17 of title XI of the Additional Supplemental Appropriations
18 for Disaster Relief Act, 2019 (Public Law 116–20; 133
19 Stat. 896): Provided, That not less than $1,530,000,000
20 of the funds made available in this section and under the
21 heading ‘‘Department of Housing and Urban Develop-
22 ment—Community Planning and Development—Commu-
23 nity Development Fund’’ of title XI of the Additional Sup-
24 plemental Appropriations for Disaster Relief Act, 2019
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25 (Public Law 116–20) shall be allocated to grantees, no
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1 later than 60 days after the date of enactment of this Act,
2 for mitigation activities in the most impacted and dis-
3 tressed areas resulting from a major disaster that oc-
4 curred in 2018 or 2019: Provided further, That such allo-
5 cations shall be made in the same proportion that the
6 amount of funds each grantee received under this section,
7 under the heading ‘‘Department of Housing and Urban
8 Development—Community Planning and Development—
9 Community Development Fund’’ of title XI of the Addi-
10 tional Supplemental Appropriations for Disaster Relief
11 Act, 2019 (Public Law 116–20), and under the same
12 heading in division I of Public Law 115–254 bears to the
13 amount of all funds provided to all grantees that received
14 allocations for disasters that occurred in 2018 or 2019:
15 Provided further, That none of the funds made available
16 under this section or under the heading ‘‘Department of
17 Housing and Urban Development—Community Planning
18 and Development—Community Development Fund’’ of
19 title XI of the Additional Supplemental Appropriations for
20 Disaster Relief Act, 2019 (Public Law 116–20) may be
21 used for any part of a major disaster that was declared
22 in 2020: Provided further, That in administering funds
23 made available under this section and title XI of the Addi-
24 tional Supplemental Appropriations for Disaster Relief
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25 Act, 2019 (Public Law 116–20), the fourth proviso under
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1 the heading ‘‘Department of Housing and Urban Develop-
2 ment—Community Planning and Development—Commu-
3 nity Development Fund’’ in Public Law 116–20 and the
4 first proviso of section 1102 of such Public Law shall have
5 no force or effect: Provided further, That such amount is
6 designated by the Congress as being for an emergency re-
7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
8 anced Budget and Emergency Deficit Control Act of 1985:
9 Provided further, That amounts repurposed by this section
10 that were previously designated by the Congress as an
11 emergency requirement or as being for disaster relief pur-
12 suant to the Balanced Budget and Emergency Deficit
13 Control Act are designated by the Congress as being for
14 an emergency requirement pursuant to section
15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985 or as being for disaster relief
17 pursuant to section 251(b)(2)(D) of the Balanced Budget
18 and Emergency Deficit Control Act of 1985.
19 SEC. 302. (a) Amounts previously made available for
20 activities authorized under title I of the Housing and Com-
21 munity Development Act of 1974 (42 U.S.C. 5301 et seq.)
22 related to disaster relief, long-term recovery, restoration
23 of infrastructure and housing, economic revitalization, and
24 mitigation in the most impacted and distressed areas re-
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25 sulting from a major disaster, including funds provided
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1 under the heading ‘‘Department of Housing and Urban
2 Development—Community Planning and Development—
3 Community Development Fund’’ in prior appropriations
4 Acts, that were allocated in response to Hurricanes Irma
5 and Maria, may be used interchangeably and without limi-
6 tation for the same activities funded under the heading
7 ‘‘Department of Housing and Urban Development—Com-
8 munity Planning and Development—Community Develop-
9 ment Fund’’ in this Act. In addition, any funds provided
10 under the heading ‘‘Department of Housing and Urban
11 Development—Community Planning and Development—
12 Community Development Fund’’ in this Act may be used
13 interchangeably and without limitation for the same activi-
14 ties in the most impacted and distressed areas related to
15 Hurricanes Irma and Maria.
16 (b)(1) Until the date on which the Secretary of Hous-
17 ing and Urban Development publishes a Federal Register
18 Notice implementing this provision—
19 (A) grantees may submit for approval by the
20 Secretary of Housing and Urban Development re-
21 vised plans for the use of funds related to Hurri-
22 canes Irma and Maria that expand the eligible bene-
23 ficiaries of existing programs contained in such pre-
24 viously approved plans to include those activities
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25 funded under the heading ‘‘Department of Housing
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1 and Urban Development—Community Planning and
2 Development—Community Development Fund’’ in
3 this Act; and
4 (B) approval of any such revised plans shall in-
5 clude the execution of revised grant terms and con-
6 ditions as necessary.
7 (2) Beginning on the date of the publication of
8 the implementing Notice, any plan revisions shall
9 follow the requirements contained in such Notice.
10 (c) Amounts repurposed by this section that were pre-
11 viously designated by the Congress as an emergency re-
12 quirement or as being for disaster relief pursuant to the
13 Balanced Budget and Emergency Deficit Control Act are
14 designated by the Congress as being for an emergency re-
15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
16 anced Budget and Emergency Deficit Control Act of 1985
17 or as being for disaster relief pursuant to section
18 251(b)(2)(D) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 SEC. 303. For funds appropriated under the heading
21 ‘‘Department of Housing and Urban Development—Com-
22 munity Planning and Development—Community Develop-
23 ment Fund’’ in subdivision 1 of division B of the Bipar-
24 tisan Budget Act of 2018 (Public Law 115–123) or the
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25 Additional Supplemental Appropriations for Disaster Re-
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1 lief Act, 2019 (Public Law 116–20), the Secretary shall
2 execute all grant agreements for disbursement of funds
3 allocated to a grantee no later than 60 days after the date
4 of approval of a grantee’s plan for the use of funds: Pro-
5 vided, That amounts repurposed by this section that were
6 previously designated as an emergency requirement or as
7 being for disaster relief pursuant to the Balanced Budget
8 and Emergency Deficit Control Act of 1985 are des-
9 ignated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985
12 or as being for disaster relief pursuant to section
13 251(b)(2)(D) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 SEC. 304. (a) The Secretary of Housing and Urban
16 Development, the Secretary of Energy, the Administrator
17 of the Federal Emergency Management Agency, and other
18 Federal partners, shall complete the interagency consulta-
19 tion and coordination of Federal investments necessary for
20 the Secretary of Housing and Urban Development to de-
21 velop administrative requirements for funds provided for
22 enhanced or improved electrical power systems under the
23 heading ‘‘Department of Housing and Urban Develop-
24 ment—Community Planning and Development—Commu-
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25 nity Development Fund’’ in title XI of subdivision 1 of
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1 division B of the Bipartisan Budget Act of 2018 (Public
2 Law 115–123) no later than 30 days after the date of
3 enactment of this Act.
4 (b) With respect to amounts made available for en-
5 hanced or improved electrical power systems under the
6 heading ‘‘Department of Housing and Urban Develop-
7 ment—Community Planning and Development—Commu-
8 nity Development Fund’’ in title XI of subdivision 1 of
9 division B of the Bipartisan Budget Act of 2018 (Public
10 Law 115–123), the Secretary of Housing and Urban De-
11 velopment shall publish in the Federal Register the alloca-
12 tions to all eligible grantees, and the necessary administra-
13 tive requirements applicable to such allocations no later
14 than 60 days after the date of enactment of this Act.
15 (c) Amounts repurposed pursuant to this section that
16 were previously designated by the Congress as an emer-
17 gency requirement or as being for disaster relief pursuant
18 to the Balanced Budget and Emergency Deficit Control
19 Act of 1985 are 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 or as being for disaster relief
23 pursuant to section 251(b)(2)(D) of the Balanced Budget
24 and Emergency Deficit Control Act of 1985.
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1 TITLE IV—GENERAL PROVISIONS—THIS ACT
2 SEC. 401. In addition to other amounts made avail-
3 able by section 309 of division A of the Additional Supple-
4 mental Appropriations for Disaster Relief Requirements
5 Act, 2017 (Public Law 115–72; 131 Stat. 1229), and by
6 section 104 of title I of the Additional Supplemental Ap-
7 propriations for Disaster Relief Act, 2019 (Public Law
8 116–20; 133 Stat. 874), there is appropriated to the Sec-
9 retary, out of any moneys in the Treasury not otherwise
10 appropriated, for the fiscal year ending September 30,
11 2020, $40,000,000 (increased by $170,000,000) to pro-
12 vide a grant to the Commonwealth of Puerto Rico for dis-
13 aster nutrition assistance in response to a major earth-
14 quake disaster or emergency designated by the President
15 under the Robert T. Stafford Disaster Relief and Emer-
16 gency Assistance Act (42 U.S.C. 5121 et seq.): Provided,
17 That the funds made available to the Commonwealth of
18 Puerto Rico under this section shall remain available for
19 obligation by the Commonwealth until September 30,
20 2021, and shall be in addition to funds otherwise made
21 available: Provided further, That such amount is des-
22 ignated by the Congress as being for an emergency re-
23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
24 anced Budget and Emergency Deficit Control Act of 1985.
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1 SEC. 402. (a) Section 20601 of the Bipartisan Budg-
2 et Act of 2018 (Public Law 115–123) is amended by strik-
3 ing ‘‘and DR–4335–USVI’’ and inserting ‘‘DR–4335–
4 USVI, and for all major disasters declared under the Rob-
5 ert T. Stafford Disaster Relief and Emergency Assistance
6 Act (42 U.S.C. 5121 et seq.) for Puerto Rico or the
7 United States Virgin Islands during calendar year 2020’’.
8 (b) Subsection (a) shall be applied as if it were in
9 effect beginning on January 1, 2020.
10 (c) Amounts repurposed by this section and the
11 amendments made by this section that were previously
12 designated by the Congress as an emergency requirement
13 or as being for disaster relief pursuant to the Balanced
14 Budget and Emergency Deficit Control Act of 1985 are
15 designated by the Congress as being for an emergency re-
16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
17 anced Budget and Emergency Deficit Control Act of 1985
18 or as being for disaster relief pursuant to section
19 251(b)(2)(D) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21 SEC. 403. Each amount appropriated or made avail-
22 able by this Act is in addition to amounts otherwise appro-
23 priated for the fiscal year involved.
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1 SEC. 404. No part of any appropriation contained in
2 this Act shall remain available for obligation beyond the
3 current fiscal year unless expressly so provided herein.
4 SEC. 405. Unless otherwise provided for by this Act,
5 the additional amounts appropriated by this Act to appro-
6 priations accounts shall be available under the authorities
7 and conditions applicable to such appropriations accounts
8 for fiscal year 2020.
9 SEC. 406. Each amount designated in this Act by the
10 Congress as being for an emergency requirement pursuant
11 to section 251(b)(2)(A)(i) of the Balanced Budget and
12 Emergency Deficit Control Act of 1985 shall be available
13 (or rescinded or transferred, if applicable) only if the
14 President subsequently so designates all such amounts
15 and transmits such designations to the Congress.
16 SEC. 407. Any amount appropriated by this Act, des-
17 ignated by the Congress as an emergency requirement
18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
19 et and Emergency Deficit Control Act of 1985 and subse-
20 quently so designated by the President, and transferred
21 pursuant to transfer authorities provided by this Act shall
22 retain such designation.
23 This division may be cited as the ‘‘Emergency Sup-
24 plemental Appropriations for Disaster Relief Act, 2020’’.
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1 DIVISION B—PUERTO RICO DISASTER TAX
2 RELIEF ACT OF 2020
3 SHORT TITLE
4 SEC. 101. This division may be cited as the ‘‘Puerto
5 Rico Disaster Tax Relief Act of 2020’’.
6 QUALIFIED PUERTO RICO DISASTER ZONE DEFINED
7 SEC. 102. For purposes of this division, the term
8 ‘‘qualified Puerto Rico disaster zone’’ means any area—
9 (1) with respect to which a major disaster was
10 declared by the President under section 401 of the
11 Robert T. Stafford Disaster Relief and Emergency
12 Assistance Act by reason of the earthquakes occur-
13 ring in or near Puerto Rico beginning on December
14 28, 2019, and ending on the date which is 60 days
15 after the date of the enactment of this Act, and
16 (2) which was determined by the President to
17 warrant individual or individual and public assist-
18 ance from the Federal Government under such Act
19 by reason of such earthquakes.
20 CHILD TAX CREDIT FOR PUERTO RICO AND OTHER
21 POSSESSIONS OF THE UNITED STATES
22 SEC. 103. (a) PUERTO RICO.—
23 (1) SAME TREATMENT OF FAMILIES IN PUERTO
24 RICO WITH ONE CHILD OR TWO CHILDREN THAT IS
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25 CURRENTLY PROVIDED TO FAMILIES IN PUERTO
26 RICO WITH THREE OR MORE CHILDREN.—Section
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1 24(d) of the Internal Revenue Code of 1986 is
2 amended by adding at the end the following new
3 paragraph:
4 ‘‘(4) RESIDENTS OF PUERTO RICO.—In the case
5 of an individual who is a bona fide resident of Puer-
6 to Rico (within the meaning of section 937(a)) for
7 the taxable year, paragraph (1)(B)(ii) shall be ap-
8 plied by substituting ‘1 or more qualifying children’
9 for ‘3 or more qualifying children’.’’.
10 (2) EFFECTIVE DATE.—The amendment made
11 by paragraph (1) shall apply to taxable years begin-
12 ning after December 31, 2019.
13 (b) MIRROR CODE POSSESSIONS.—The Secretary of
14 the Treasury shall pay to each possession of the United
15 States with a mirror code tax system amounts equal to
16 the loss to that possession by reason of the application
17 of section 24 of the Internal Revenue Code of 1986 with
18 respect to taxable years beginning after 2019. Such
19 amounts shall be determined by the Secretary of the
20 Treasury based on information provided by the govern-
21 ment of the respective possession.
22 (c) AMERICAN SAMOA.—The Secretary of the Treas-
23 ury shall pay to American Samoa amounts estimated by
24 the Secretary of the Treasury as being equal to the aggre-
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25 gate benefits that would have been provided to the resi-
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1 dents of American Samoa by reason of the application of
2 section 24 of such Code for taxable years beginning after
3 2019 if the provisions of such section had been in effect
4 in American Samoa. The preceding sentence shall not
5 apply unless American Samoa has a plan, which has been
6 approved by the Secretary of the Treasury, under which
7 American Samoa will promptly distribute such payments
8 to the residents of American Samoa in a manner which
9 replicates to the greatest degree practicable the benefits
10 that would have been so provided to each such resident.
11 (d) DEFINITIONS AND SPECIAL RULES.—
12 (1) IN GENERAL.—No credit shall be allowed
13 against United States income taxes for any taxable
14 year under section 24 of the Internal Revenue Code
15 of 1986 to any person—
16 (A) to whom a credit is allowed against
17 taxes imposed by a possession with a mirror
18 code tax system by reason of the application of
19 section 24 of such Code in such possession for
20 such taxable year, or
21 (B) who is eligible for a payment under a
22 plan described in subsection (c) with respect to
23 such taxable year.
24 (2) MIRROR CODE TAX SYSTEM.—For purposes
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1 means, with respect to any possession of the United
2 States, the income tax system of such possession if
3 the income tax liability of the residents of such pos-
4 session under such system is determined by ref-
5 erence to the income tax laws of the United States
6 as if such possession were the United States.
7 (3) TREATMENT OF PAYMENTS.—For purposes
8 of section 1324(b)(2) of title 31, United States
9 Code, the payments under subsections (b) and (c)
10 shall be treated in the same manner as a refund due
11 from the credit allowed under section 24 of the In-
12 ternal Revenue Code of 1986.
13 APPLICATION OF EARNED INCOME TAX CREDIT IN
14 POSSESSIONS OF THE UNITED STATES
15 SEC. 104. (a) IN GENERAL.—Chapter 77 of the In-
16 ternal Revenue Code of 1986 is amended by adding at the
17 end the following new section:
18 ‘‘SEC. 7529. APPLICATION OF EARNED INCOME TAX CREDIT
19 TO POSSESSIONS OF THE UNITED STATES.
20 ‘‘(a) PUERTO RICO.—
21 ‘‘(1) IN GENERAL.—With respect to calendar
22 year 2021 and each calendar year thereafter, the
23 Secretary shall, except as otherwise provided in this
24 subsection, make payments to Puerto Rico equal
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25 to—
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1 ‘‘(A) the specified matching amount for
2 such calendar year, plus
3 ‘‘(B) in the case of calendar years 2021
4 through 2025, the lesser of—
5 ‘‘(i) the expenditures made by Puerto
6 Rico during such calendar year for edu-
7 cation efforts with respect to individual
8 taxpayers and tax return preparers relat-
9 ing to the earned income tax credit, or
10 ‘‘(ii) $1,000,000.
11 ‘‘(2) REQUIREMENT TO REFORM EARNED IN-
12 COME TAX CREDIT.—The Secretary shall not make
13 any payments under paragraph (1) with respect to
14 any calendar year unless Puerto Rico has in effect
15 an earned income tax credit for taxable years begin-
16 ning in or with such calendar year which (relative to
17 the earned income tax credit which was in effect for
18 taxable years beginning in or with calendar year
19 2019) increases the percentage of earned income
20 which is allowed as a credit for each group of indi-
21 viduals with respect to which such percentage is sep-
22 arately stated or determined in a manner designed
23 to substantially increase workforce participation.
24 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-
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25 poses of this subsection—
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1 ‘‘(A) IN GENERAL.—The term ‘specified
2 matching amount’ means, with respect to any
3 calendar year, the lesser of—
4 ‘‘(i) the excess (if any) of—
5 ‘‘(I) the cost to Puerto Rico of
6 the earned income tax credit for tax-
7 able years beginning in or with such
8 calendar year, over
9 ‘‘(II) the base amount for such
10 calendar year, or
11 ‘‘(ii) the product of 3, multiplied by
12 the base amount for such calendar year.
13 ‘‘(B) BASE AMOUNT.—
14 ‘‘(i) BASE AMOUNT FOR 2021.—In the
15 case of calendar year 2021, the term ‘base
16 amount’ means the greater of—
17 ‘‘(I) the cost to Puerto Rico of
18 the earned income tax credit for tax-
19 able years beginning in or with cal-
20 endar year 2019 (rounded to the
21 nearest multiple of $1,000,000), or
22 ‘‘(II) $200,000,000.
23 ‘‘(ii) INFLATION ADJUSTMENT.—In
24 the case of any calendar year after 2021,
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25 the term ‘base amount’ means the dollar
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1 amount determined under clause (i) in-
2 creased by an amount equal to—
3 ‘‘(I) such dollar amount, multi-
4 plied by—
5 ‘‘(II) the cost-of-living adjust-
6 ment determined under section 1(f)(3)
7 for such calendar year, determined by
8 substituting ‘calendar year 2020’ for
9 ‘calendar year 2016’ in subparagraph
10 (A)(ii) thereof.
11 Any amount determined under this clause
12 shall be rounded to the nearest multiple of
13 $1,000,000.
14 ‘‘(4) RULES RELATED TO PAYMENTS AND RE-
15 PORTS.—
16 ‘‘(A) TIMING OF PAYMENTS.—The Sec-
17 retary shall make payments under paragraph
18 (1) for any calendar year—
19 ‘‘(i) after receipt of the report de-
20 scribed in subparagraph (B) for such cal-
21 endar year, and
22 ‘‘(ii) except as provided in clause (i),
23 within a reasonable period of time before
24 the due date for individual income tax re-
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1 Puerto Rico) for taxable years which began
2 on the first day of such calendar year.
3 ‘‘(B) ANNUAL REPORTS.—With respect to
4 calendar year 2021 and each calendar year
5 thereafter, Puerto Rico shall provide to the Sec-
6 retary a report which shall include—
7 ‘‘(i) an estimate of the costs described
8 in paragraphs (1)(B)(i) and (3)(A)(i)(I)
9 with respect to such calendar year, and
10 ‘‘(ii) a statement of such costs with
11 respect to the preceding calendar year.
12 ‘‘(C) ADJUSTMENTS.—
13 ‘‘(i) IN GENERAL.—In the event that
14 any estimate of an amount is more or less
15 than the actual amount as later deter-
16 mined and any payment under paragraph
17 (1) was determined on the basis of such
18 estimate, proper payment shall be made
19 by, or to, the Secretary (as the case may
20 be) as soon as practicable after the deter-
21 mination that such estimate was inac-
22 curate. Proper adjustment shall be made in
23 the amount of any subsequent payments
24 made under paragraph (1) to the extent
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25 that proper payment is not made under the
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1 preceding sentence before such subsequent
2 payments.
3 ‘‘(ii) ADDITIONAL REPORTS.—The
4 Secretary may require such additional peri-
5 odic reports of the information described in
6 subparagraph (B) as the Secretary deter-
7 mines appropriate to facilitate timely ad-
8 justments under clause (i).
9 ‘‘(D) DETERMINATION OF COST OF
10 EARNED INCOME TAX CREDIT.—For purposes
11 of this subsection, the cost to Puerto Rico of
12 the earned income tax credit shall be deter-
13 mined by the Secretary on the basis of the laws
14 of Puerto Rico and shall include reductions in
15 revenues received by Puerto Rico by reason of
16 such credit and refunds attributable to such
17 credit, but shall not include any administrative
18 costs with respect to such credit.
19 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS-
20 TEMS.—
21 ‘‘(1) IN GENERAL.—With respect to calendar
22 year 2021 and each calendar year thereafter, the
23 Secretary shall, except as otherwise provided in this
24 subsection, make payments to the Virgin Islands,
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1 Guam, and the Commonwealth of the Northern Mar-
2 iana Islands equal to—
3 ‘‘(A) 75 percent of the cost to such posses-
4 sion of the earned income tax credit for taxable
5 years beginning in or with such calendar year,
6 plus
7 ‘‘(B) in the case of calendar years 2021
8 through 2025, the lesser of—
9 ‘‘(i) the expenditures made by such
10 possession during such calendar year for
11 education efforts with respect to individual
12 taxpayers and tax return preparers relat-
13 ing to such earned income tax credit, or
14 ‘‘(ii) $50,000.
15 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
16 similar to the rules of subparagraphs (A), (B), (C),
17 and (D) of subsection (a)(4) shall apply for purposes
18 of this subsection.
19 ‘‘(c) AMERICAN SAMOA.—
20 ‘‘(1) IN GENERAL.—With respect to calendar
21 year 2021 and each calendar year thereafter, the
22 Secretary shall, except as otherwise provided in this
23 subsection, make payments to American Samoa
24 equal to—
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25 ‘‘(A) the lesser of—
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1 ‘‘(i) 75 percent of the cost to Amer-
2 ican Samoa of the earned income tax cred-
3 it for taxable years beginning in or with
4 such calendar year, or
5 ‘‘(ii) $12,000,000, plus
6 ‘‘(B) in the case of calendar years 2021
7 through 2025, the lesser of—
8 ‘‘(i) the expenditures made by Amer-
9 ican Samoa during such calendar year for
10 education efforts with respect to individual
11 taxpayers and tax return preparers relat-
12 ing to such earned income tax credit, or
13 ‘‘(ii) $50,000.
14 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN
15 AN EARNED INCOME TAX CREDIT.—The Secretary
16 shall not make any payments under paragraph (1)
17 with respect to any calendar year unless American
18 Samoa has in effect an earned income tax credit for
19 taxable years beginning in or with such calendar
20 year which allows a refundable tax credit to individ-
21 uals on the basis of the taxpayer’s earned income
22 which is designed to substantially increase workforce
23 participation.
24 ‘‘(3) INFLATION ADJUSTMENT.—In the case of
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25 any calendar year after 2021, the $12,000,000
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1 amount in paragraph (1)(A)(ii) shall be increased by
2 an amount equal to—
3 ‘‘(A) such dollar amount, multiplied by—
4 ‘‘(B) the cost-of-living adjustment deter-
5 mined under section 1(f)(3) for such calendar
6 year, determined by substituting ‘calendar year
7 2020’ for ‘calendar year 2016’ in subparagraph
8 (A)(ii) thereof.
9 Any increase determined under this clause shall be
10 rounded to the nearest multiple of $100,000.
11 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules
12 similar to the rules of subparagraphs (A), (B), (C),
13 and (D) of subsection (a)(4) shall apply for purposes
14 of this subsection.
15 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of
16 section 1324 of title 31, United States Code, the payments
17 under this section shall be treated in the same manner
18 as a refund due from a credit provision referred to in sub-
19 section (b)(2) of such section.’’.
20 (b) CLERICAL AMENDMENT.—The table of sections
21 for chapter 77 of such Code is amended by adding at the
22 end the following new item:
‘‘Sec. 7529. Application of earned income tax credit to possessions of the
United States.’’.
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1 LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR
2 PUERTO RICO
3 SEC. 105. (a) IN GENERAL.—For purposes of section
4 42 of the Internal Revenue Code of 1986, the State hous-
5 ing credit ceiling for Puerto Rico for calendar year 2020
6 shall be increased by $50,000,000.
7 (b) QUALIFIED PUERTO RICO DISASTER ZONES
8 TREATED AS DIFFICULT DEVELOPMENT AREAS.—
9 (1) IN GENERAL.—For purposes of section 42
10 of the Internal Revenue Code of 1986, in the case
11 of a qualified building placed in service in a qualified
12 Puerto Rico disaster zone (as defined in section
13 102), such area shall be treated as a difficult devel-
14 opment area under subclause (I) of section
15 42(d)(5)(B)(iii) but shall not be taken into account
16 for purposes of applying the limitation under sub-
17 clause (II) of such section.
18 (2) QUALIFIED BUILDING.—For purposes of
19 this subsection, the term ‘‘qualified building’’ means
20 any building which is allocated a housing credit dol-
21 lar amount during calendar year 2020 or 2021.
22 (3) OTHER DEFINITIONS.—Terms used in this
23 section which are also used in section 42 of the In-
24 ternal Revenue Code of 1986 shall have the same
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1 meaning when used in this section as when used in
2 such section 42.
3 NEW MARKETS TAX CREDIT ALLOCATIONS FOR PUERTO
4 RICO
5 SEC. 106. (a) IN GENERAL.—For purposes of section
6 45D of the Internal Revenue Code of 1986—
7 (1) the new markets tax credit limitation other-
8 wise determined under subsection (f)(1) thereof for
9 each of 2020 and 2021 shall be increased by
10 $500,000,000, to be allocated among specified com-
11 munity development entities to make qualified low-
12 income community investments in Puerto Rico, and
13 (2) section 45D(f)(3) shall be applied—
14 (A) separately with respect to the amounts
15 of the increases under paragraph (1), and
16 (B) solely with respect to the amounts of
17 the increases described in subparagraph (A),
18 the last sentence of such section shall not pre-
19 vent such amounts from being carried to cal-
20 endar year 2026.
21 (b) SPECIFIED COMMUNITY DEVELOPMENT ENTI-
22 TIES.—For purposes of this section, the term ‘‘specified
23 community development entity’’ means any qualified com-
24 munity development entity if such entity has a history of
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25 making qualified low-income community investments in
26 federally declared disaster areas or Puerto Rico.
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1 (c) OTHER DEFINITIONS.—Terms used in this sec-
2 tion which are also used in section 45D of the Internal
3 Revenue Code of 1986 shall have the same meaning when
4 used in this section as when used in such section 45D.
5 COVER OVER OF DISTILLED SPIRITS TAXES
6 SEC. 107. (a) REPEAL OF LIMITATION ON COVER
7 OVER OF DISTILLED SPIRITS TAXES TO PUERTO RICO
8 AND VIRGIN ISLANDS.—
9 (1) IN GENERAL.—Section 7652 of the Internal
10 Revenue Code of 1986 is amended by striking sub-
11 section (f) and by redesignating subsections (g) and
12 (h) as subsections (f) and (g), respectively.
13 (2) CONFORMING AMENDMENT.—Section
14 7652(f)(1) of such Code, as redesignated by para-
15 graph (1), is amended by—
16 (A) striking subparagraph (B), and
17 (B) by striking ‘‘as if—’’ and all that fol-
18 lows through ‘‘the use and tax’’ and inserting
19 ‘‘as if the use and tax’’.
20 (3) EFFECTIVE DATE.—The amendments made
21 by this subsection shall apply to distilled spirits
22 brought into the United States after December 31,
23 2019.
24 (b) TRANSFER TO PUERTO RICO CONSERVATION
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25 TRUST FUND OF PORTION OF PUERTO RICO RUM COVER
26 OVER.—
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1 (1) IN GENERAL.—Section 7652(e) of the Inter-
2 nal Revenue Code of 1986 is amended by redesig-
3 nating paragraphs (3), (4), and (5) as paragraphs
4 (4), (5), and (6), respectively, and by inserting after
5 paragraph (2) the following new paragraph:
6 ‘‘(2) TRANSFER TO PUERTO RICO CONSERVA-
7 TION TRUST FUND OF PORTION OF RUM COVER
8 OVER.—
9 ‘‘(A) IN GENERAL.—From any amount
10 otherwise required to be covered over to the
11 treasury of Puerto Rico under this section with
12 respect to taxes collected on rum under section
13 5001(a)(1) or subsection (a) of this section, the
14 Secretary of the Treasury shall transfer to the
15 Puerto Rico Conservation Trust Fund an
16 amount equal to $0.46 per proof gallon of rum
17 to which such cover over is attributable. Any
18 amount transferred under the preceding sen-
19 tence shall be treated for purposes of this sec-
20 tion (other than this paragraph) as having been
21 covered over to the treasury of Puerto Rico.
22 ‘‘(B) PUERTO RICO CONSERVATION TRUST
23 FUND.—For purposes of this section, the term
24 ‘Puerto Rico Conservation Trust Fund’ means
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25 the fund established pursuant to a Memo-
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1 randum of Understanding between the United
2 States Department of the Interior and the
3 Commonwealth of Puerto Rico, dated December
4 24, 1968.’’.
5 (2) EFFECTIVE DATE.—The amendments made
6 by this section shall apply to rum brought into the
7 United States after December 31, 2019.
8 (c) COVER OVER DETERMINED WITHOUT REGARD
9 TO CERTAIN RATE REDUCTIONS.—
10 (1) IN GENERAL.—Section 7652 of the Internal
11 Revenue Code of 1986, as amended by subsection
12 (a)(1), is amended by adding at the end the fol-
13 lowing new subsection:
14 ‘‘(h) COVER OVER DETERMINED WITHOUT REGARD
15 TO CERTAIN RATE REDUCTIONS.—For purposes of sub-
16 sections (a)(3), (b)(3), and (e), the amount of taxes im-
17 posed and collected under section 5001(a)(1) shall be de-
18 termined without regard to section 5001(c).’’.
19 (2) CONFORMING AMENDMENT.—Section
20 7652(e) of such Code, as amended by subsection
21 (b)(1), is amended by striking paragraph (6).
22 (3) EFFECTIVE DATE.—The amendments made
23 by this subsection shall take effect as if included in
24 section 13807 of Public Law 115–97.
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1 EMPLOYEE RETENTION CREDIT WITH RESPECT TO INDI-
2 VIDUALS EMPLOYED IN THE QUALIFIED PUERTO
3 RICO DISASTER ZONE
4 SEC. 108. (a) IN GENERAL.—The Secretary of the
5 Treasury shall pay to Puerto Rico the amount determined
6 under subsection (b) for the purpose of providing an em-
7 ployee retention credit with respect to individuals em-
8 ployed in a qualified Puerto Rico disaster zone (as defined
9 in section 102). The preceding sentence shall not apply
10 unless Puerto Rico has a plan for implementing such em-
11 ployee retention credit—
12 (1) which is similar to the plan approved under
13 section 504(d)(1)(B) of the Disaster Tax Relief and
14 Airport and Airway Extension Act of 2017,
15 (2) under which Puerto Rico will promptly dis-
16 tribute such payments to its residents, and
17 (3) which has been approved by the Secretary
18 of the Treasury for purposes of this section.
19 (b) DETERMINATION OF PAYMENT AMOUNT.—
20 (1) IN GENERAL.—The amount determined
21 under this subsection is the product of—
22 (A) the aggregate amount of payments
23 made under section 504(d)(1)(B) of the Dis-
24 aster Tax Relief and Airport and Airway Exten-
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25 sion Act of 2017, multiplied by
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1 (B) the population adjustment ratio.
2 (2) POPULATION ADJUSTMENT RATIO.—For
3 purposes of this subsection, the term population ad-
4 justment ratio means the ratio of—
5 (A) the number of individuals estimated by
6 the Secretary of the Treasury to have been
7 present in the qualified Puerto Rico disaster
8 zone (as defined in section 102), over
9 (B) the number of individuals estimated by
10 the Secretary of the Treasury to have been
11 present in the Hurricane Maria disaster zone
12 (as defined in section 501(c) of the Disaster
13 Tax Relief and Airport and Airway Extension
14 Act of 2017).
15 (c) REPORT TO CONGRESS.—Not later than 90 days
16 after substantially all of the employee retention credits
17 under this section have been paid or allowed to taxpayers
18 in Puerto Rico, the Secretary of the Treasury of Puerto
19 Rico shall submit a written report to Congress docu-
20 menting the implementation of such credits.
21 DIVISION C—BUDGETARY EFFECTS
22 BUDGETARY EFFECTS
23 SEC. 101. (a) IN GENERAL.—The budgetary effects
24 of division B and each succeeding division shall not be en-
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1 tered on either PAYGO scorecard maintained pursuant to
2 section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
3 (b) SENATE PAYGO SCORECARDS.—The budgetary
4 effects of division B and each succeeding division shall not
5 be entered on any PAYGO scorecard maintained for pur-
6 poses of section 4106 of H. Con. Res. 71 (115th Con-
7 gress).
8 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
9 Notwithstanding Rule 3 of the Budget Scorekeeping
10 Guidelines set forth in the joint explanatory statement of
11 the committee of conference accompanying Conference Re-
12 port 105–217 and section 250(c)(8) of the Balanced
13 Budget and Emergency Deficit Control Act of 1985, the
14 budgetary effects of division B and each succeeding divi-
15 sion shall not be estimated—
16 (1) for purposes of section 251 of such Act; and
17 (2) for purposes of paragraph (4)(C) of section
18 3 of the Statutory Pay-As-You-Go Act of 2010 as
19 being included in an appropriation Act.
Passed the House of Representatives February 7,
2020.
Attest: CHERYL L. JOHNSON,
Clerk.
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Calendar No. 416
116TH CONGRESS
2D SESSION H. R. 5687
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AN ACT
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Making emergency supplemental appropriations for
the fiscal year ending September 30, 2020, and
for other purposes.
FEBRUARY 11, 2020
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