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House Document 116–112 — Designation of Funding as an Emergency Requirement

Summary

House Document 116–112 is a communication from the President of the United States transmitting notification of designation of funding as an emergency requirement, pursuant to Public Law 116–9. A letter dated March 27, 2020 to Hon. Nancy Pelosi, Speaker of the House of Representatives, designates as emergency requirements all funding so designated by the Congress in the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of H.R. 748, the CARES Act), pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. The letter closes with DONALD J. TRUMP and refers to an enclosed memorandum from the Acting Director of the Office of Management and Budget and a list of accounts.

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Congressional materials
Document type
Cdoc Cdoc 116Hdoc112 Cdoc 116Hdoc112
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Cdoc Cdoc 116Hdoc112 Cdoc 116Hdoc112

Cite this document

“House Document 116–112 — Designation of Funding as an Emergency Requirement.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/cdoc-cdoc-116hdoc112-cdoc-116hdoc112/, SHA-256 27b5927dcfd78f861654185213141c83aeeed634c4819865d93cb15e68eeb904.

Full text

                                                                                                                              1




                                      116th Congress, 2d Session – – – – – – – – – – – – – House Document 116–112




                                                DESIGNATION OF FUNDING AS AN EMERGENCY
                                                             REQUIREMENT




                                                                       COMMUNICATION
                                                                                     FROM



                                           THE PRESIDENT OF THE UNITED STATES
                                                                                TRANSMITTING

                                           NOTIFICATION OF DESIGNATION OF FUNDING AS AN EMERGENCY
                                            REQUIREMENT, PURSUANT TO PUBLIC LAW 116–9, SEC. 6(a); (133
                                            STAT. 2318)




                                               MARCH 31, 2020.—Referred to the Committee on Appropriations and
                                                                    ordered to be printed



                                                                   U.S. GOVERNMENT PUBLISHING OFFICE
                                           99–011                              WASHINGTON : 2020




                                                                                                                                   E:\Seals\Congress.#13
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                                                                                                    THE WHITE HOUSE,
                                                                                                Washington, March 27, 2020.
                                      Hon. NANCY PELOSI,
                                      Speaker of the House of Representatives,
                                      Washington, DC.
                                         DEAR MADAM SPEAKER: In accordance with section 23006 of the
                                      Emergency Appropriations for Coronavirus Health Response and
                                      Agency Operations (division B of H.R. 748, the CARES Act; the
                                      ‘‘Act’’), I hereby designate as emergency requirements all funding
                                      so designated by the Congress in the Act pursuant to section
                                      251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
                                      Act of 1985, as outlined in the enclosed list of accounts.
                                         The details of this action are set forth in the enclosed memo-
                                      randum from the Acting Director of the Office of Management and
                                      Budget.
                                               Sincerely,
                                                                                        DONALD J. TRUMP.




                                                                                          (1)




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                                                                                          2

                                                                    EXECUTIVE OFFICE OF THE PRESIDENT
                                                                       OFFICE OF MANAGEMEN'r AND BUDGET
                                                                               WASHINGTON. D.C. 20503


                                                                                  March 27, 2020




                                                                                     Ge \I~
                                       MEMORANDUM FOR THE PRESIDENT

                                       FROM:
                                                               ~:~:;i,;,;:::~ht
                                       SlJBJECT:               Designation of Funding as an Emergency Requirement

                                                The Congress designated as an emergency requirement all funding in the Emergency
                                       Appropriations for Coronavirus Health Response and Agency Operations (division B ofH.R.
                                       748, the CARES Act; the "Act"). Section 23006 of the Act provides that the availability of
                                       funding that is designated by the Congress as an emergency requirement pursuant to section
                                       251 (b )(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) is
                                       contingent upon the President subsequently so designating all such amounts and transmitting
                                       such designations to the Congress.

                                              The Act provides a net total of$340 billion in fiscal year (FY) 2020 emergency funding
                                       to prevent, prepare for, and respond to coronavirus.

                                               I recommend that yon designate as emergency requirements all funding so designated by
                                       the Congress in the Act pursuant to section 251 (b)(2)(A) ofBBEDCA, as outlined in tbe
                                       enclosed list of accounts. Upon transmittal of these designations to the Congress, these funds
                                       will be immediately available for obligation and expenditure. No further congressional action
                                       will be required.

                                               The designation of these funds as emergency requirements allows for adjustlnents to the
                                       discretionary spending limits in FY 2020, as specified in section 25l(b)(2)(A) of BBEDCA.
                                       These adjustments will be reflected when the Office of Management and Budget submits its
                                       sequestration update report for FY 2021 in accordance with section 254(e) ofBBEDCA.

                                                I have reviewed this proposed action and am satisfied it is necessary at this time.
                                       Therefore, I recommend that you make the requested funds available by signing the enclosed
                                       letters to the Speaker of the House of Representatives and the President of the Senate.

                                       Enclosures




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                                       Accounts in the Emergency Appropriations for Coronavirns Health Response and Agency
                                                  Operations (the "Act"), with Funding Designated by the President

                                       Department of Agriculture (title I of this Act)
                                       Agijj;_11!:mrnlYrograms:
                                           " Office of the Secretary
                                           " Office of Inspector General

                                       Animal and Plant Health Inspection Service:
                                          • Salaries and Expenses

                                       Agricultural Marketing Service:
                                          " Maxketing Services

                                       fg.Qg_fu@!'L.!!lliLl!!W£ti.m1 Service:
                                           " Food Safety aud Inspection Service

                                       Farm Production and Conservation Programs, Farm Service Agency:
                                          " Salaries and Expenses

                                       Rural Development Progrnms, Rural Business--Cooperative Service:
                                          " Rural Business Program Account

                                       Rural Utilities Service:
                                          • Distance Leaming, Telemedicine, and Broadband Program

                                       Domestie Food Programs, Food and Nutrition Service:
                                         " Child Nutrition Programs
                                         " Supplemental Nutrition Assistance Program
                                         • Commodity Assistance Program

                                       '-F.ecore=i=============== ==,_,Agtifultural Service:
                                           •   Salaries and Expenses

                                       Department of Health and Human Services (title I of this Act)
                                       Food_and_prug Administration:
                                          • Salaries and Expenses

                                       General Provisions (title I of this Act)
                                       Section 11002:
                                          • Amount provided by this section regarding authority to use amounts provided in Public
                                              Law 116-94 under the heading "Commodity Credit Corporation Fund-Reimbursement
                                              for Net Realized Losses" to reimburse the Commodity Credit Corporation as prescribed
                                              in this Act.

                                       Section 11003:




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                                           "    Amount provided by this seetion extending the term of a marketing assistanee loan
                                                authorized by section 1201 of the Agricultural Act of2014 (7 U.S.C. 9033) for any loan
                                                commodity to     months.

                                       Section l 1004:
                                          • Amount provided by this section for grants under the pilot program established under
                                              section 779 of Public Law 115-141, to prevent, prepare for, and respond to coronavirus.

                                       Department of Commerce (title U of this Act)
                                       Economic Development Administration:
                                          • Economic Development Assistance Programs (including transfers)

                                       ]'-JatiQnal Institute of Standards and Technologv:
                                             " Scientific and Technical Research and Services
                                             • Industrial Technology Services

                                       National Oceanic and Atmospheric Administration:
                                          " Operations, Research, and Facilities

                                       Department of Justice (title U of this Act)
                                       General Administration:
                                          " Justice Information           Technology




                                       Legal Activities:
                                          • Salaries and Expenses, United States Attorneys

                                       United States Marshals Service:
                                          • Salaries and Expenses

                                       Federal Bureau oflnvestigatiqg:
                                          " Salaries and Expenses

                                       Drug Enforcement Administr?,tion:
                                          " Salaries and Expenses

                                       Federal Prison System:
                                          • Salaries and Expenses

                                       State and Local Law Enforcement Activities, Office of Justice Programs:
                                           " State and Local Law Enforcement Assistance

                                       National Aeronautics and Space Administration {title Hof this Act)
                                            "   Safety, Security, and Mission Services




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                                                                                          5

                                      National Science Foundation (title U of this Act)
                                         • Research and Related Activities
                                         • Agency Operations and Award Management

                                      Related Agencies (title Hof this Act)
                                      1-&g_al Services Corporation:
                                          • Payment to the Legal Services Corporation

                                      General Provisions (title U of this Act)
                                      Section 12003:
                                         • Amount provided by this section regarding the Bureau of Prisons for the supply of
                                             personal protective equipment and test kits, home confinement, and video visitation

                                      Section 12004:
                                         • Amount provided by this section regarding temporary authority of Director of the United
                                             States Patent and Trademark Office during the COVID-19 emergency

                                       Section 12005:
                                          " Amount provided by this section regarding authorization and appropriation to provide
                                              assistance to fishery participants affected by COVID-19.

                                      Department of Defense {title IU of this Act)
                                       Military Personnel:
                                          " National Guard Personnel, Army
                                          " National Guard Personnel, Air Force

                                      Qp_eration and Maintenance:
                                         • Operation and Maintenance, Army
                                         • Operation and Maintenance, Navy
                                         • Operation and Maintenance, Marine Corps
                                         " Operation and Maintenance, Air Force
                                         " Operation and Maintenance, Army Reserve
                                         " Operation and Maintenance, Army National Guard
                                         • Operation and Maintenance, Air National Guard
                                         " Operation and Maintenance, Defense-Wide

                                       Procurement:
                                          • Defense Production Act Purchases

                                      Revolving and Management Funds:
                                         • Defense Working Capital Funds

                                       Qther f2~wrrnent of Defense Program_~:
                                           •   Defense Health Program




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                                                                                          6

                                       Office of the Inspector General:
                                          • Oi1ice of the Inspector General

                                       General Provisions (title III of this Act)
                                       Section 13002:
                                          • Amount provided by this section for an additional appropriation for the Defense Health
                                              Program that may be made available for contracts entered into under the TRICARE
                                              program.

                                       Corps of Engineers-Civil (title IV of this Act)
                                       Department of the Armv:
                                          " Operation and Maintenance
                                          • Expenses

                                       Department of the Interior (title IV of this Act)
                                       Bureau of Reclamation:
                                          • Water and Related Resources (including transfers)
                                          • Policy and Administration

                                       Department ofEnergv (title IV of this Act)
                                       Energy Programs:
                                          • Science

                                       Departmental Administration:
                                          • Departmental Administration (including transfers)

                                       Nuclear Regulatory Commission (title IV of this Act)
                                          • Salaries and Expenses

                                       General Provisions (title JV of this Act)
                                       Section [4002:
                                          • Amount provided by this section regarding authority and authorization to draw down and
                                              sell crude oil from the Strategic Petroleum Reserve (SPR) and to deposit proceeds from
                                              sale and drawdmvn into the Energy Security and Infrastructure Modernization Fund.

                                       Department of the Treasury (title V of this Act)
                                       Internal Revenue Service:
                                       Section 15001:
                                           • Amount provided in this section for Administrative Provision--Internal Revenue Service
                                               (including transfers)

                                       The ,Judiciarv ( title V of this Act)
                                       Supreme Court of the United States:
                                          " Salaries and Expenses




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                                                                                           7

                                       Comt of Appeals, District Courts, and Other Judicial Services:
                                         • Salaries and Expenses
                                         • Defender Services

                                       General Provisions (title V of this Act)
                                       Section 15002:
                                          • Amount provided in this section regarding authority for the Judiciary to use video
                                              teleconferencing for certain criminal proceedings.

                                       District of Columbia (title V of this Act)
                                       Federal Funds:
                                          " Federal Payment for Emergency Planning and Secmity Costs in the District of Columbia

                                       Independent Agencies (title V of this Act)
                                       Election Assistance Commission:
                                          • Election Security Grants

                                       Federal Communications Commission:
                                          • Salaries and Expenses

                                       Genernl Services Administration (title V of this Act)
                                       Real Propertv Activities:
                                          • Federal Buildings Fund (including transfers)

                                       General Activities:
                                          • Federal Citizen Services Fund (including transfers)
                                          • Working Capital Fund

                                       National Archives and Records Administration (title V of this Act)
                                          • Operating Expenses

                                       Office of Personnel Management (title V of this Act)
                                           •   Salaries and Expenses

                                       Pandemic Response Accountability Committee (title V of this Act)
                                          • Pandemic Response Accountability Committee


                                                         Loans Program Account (including transfers)

                                       Department of Homeland Secnritv (title VI of this Act)
                                       Managen_1ent Director'!!£:
                                          • Operations and Support

                                       Tn!!JJlJ29J:.lation Securitv Administration:
                                           " up,enmcms and Support




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                                                                                          8

                                       United States Coast Guard:
                                          • Operations and Support

                                       CvberseclJrily and I n f ~ £ , : :
                                          • Operations and Support

                                       Federal ,mer enc M
                                           •   Operations and Support
                                           •   Disaster ReliefF,md
                                           "   Federal Assistance

                                       General Provisions {title VI of this Act)
                                       Section 16007:
                                          " Amount provided in this section regarding amendment of Public Law 113-254; 6 U.S.C.
                                              621 note.

                                       Department of the Interior (title VU ofthis Act)
                                       Indian Affairs. Bureau of Indian Affairs:
                                           " Operation of Indian Programs (ineluding transfers)

                                       Indian Affairs, Bureau of Indian Education:
                                           " Operation oflndian Education Programs

                                       Depaitmental Offices. Office of the Secretarv:
                                          " Departmental Operations (including transfers)

                                       Insular Affairs:
                                           ., Assistance to Territmies

                                       Environmental Protection Agency (title VU of this Act)
                                          " Science and Technology
                                          • Environmental Prograins and Maimgement
                                          • Building and .Facilities
                                          • Hazardous Substance Superfund

                                       Department of Agriculture (title VU of this Act}
                                       Forest Service:
                                          • Forest and Rangeland Research
                                          • National Forest System
                                          • Capital Improvement and Maintenance
                                          • Wildland Fire Management

                                       Department of Health and Human Services (title VU ot'this Act}
                                       Indian Health Service:




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                                           "   Indian Health Services (including transfers)

                                       Agency for Toxic Snbstanccs and Disease Registry:
                                          • Toxic Substances and Environmental Public Health

                                      Institute of American Indian and Alaska Native Culture and Arts Development (title VII of
                                      this Act)
                                          • Payment to the Institute

                                      Smithsonian Institution (title VII of this Act)
                                         • Salaries and Expenses

                                      .John F. Kennedy Center for the Performing Arts (title VU ofthis Act)
                                          • Operations and Maintenance

                                      National Foundation on the Arts and Humanities (title VU of this Act)
                                      National Endowment for the Arts:
                                         • Grants and Administration

                                       National Endowment for the Humanities:
                                          " Grants and Administration

                                       Dep
                                      ~tratjon:
                                           •   Training and Employment Services

                                       Departmental Management:
                                          " Salaries and Expense (including transfers)

                                       Department of Health and Human Sen'ices (title VIII of this Act)
                                       Centers for Disease Control and Prevention:
                                          " CDC-Wide Activities and Program Support (including transfers)

                                       National Institutes of Health:
                                          • National Heart, Lung, and Blood Institute
                                          • National Institute of Allergy and Infectious Diseases
                                          " National Institute of Biomedical Imaging ,md Bioengineering
                                          " National Library of Medicine
                                          • National Center for Advancing Translational Sciences
                                          " Office of the Director

                                       Substance Abuse and Mental Health Services Administration:
                                          • Health Surveillance and Program Support

                                       Centers for Medicare & Medicaid Services:




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                                           •    Program Management

                                       Administration for Children and b:imilie~:
                                         " Low Income Home Energy Assistance
                                         • Payments to States for the Child Care and Development Block Grant
                                         • Children and Families Services Programs

                                       Administration for CommunityLiving:
                                         • Aging and Disability Services Programs

                                       Office of the Secretarv:
                                          • Public Health and Social Services Emergency Fund (including transfers)

                                       Department of Education (title VIU of this Act)
                                       Education Stabilization Fund:
                                          • Education Stabilization Fund

                                       Safe Schools and Citizens_!up Educ tion:
                                          • Safe Schools and Citizenship Education

                                       Gallaudet University:
                                          • Gallaudet llniversity

                                       Student Aid Administration:
                                          • Student Aid Administration

                                       f!oward University:
                                          • Howard University

                                       R£J:lli11Lnentgl Management:
                                           • Program Administration

                                       Office ofthe Inspector General:
                                            •   Office of the Inspector General

                                       Corporation for Public Broadcasting (title VIII of this Act)
                                          • Corporation for Public Broadcasting

                                       Institute of Museum and Library Services (title VIU of this Act)
                                           • Office ofMuseuJ:n and Library Services: Grants and Administration

                                                                                      u    ct)
                                            •   Limitation on Administration




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                                                                                          11

                                           •    Limitation on Administrative Expenses

                                      General Provisions (title    vm  of this Act)
                                      Section 18114:
                                         " Amount repurposed under this provision that was previously provided in Public l ,aw 116-
                                             123 that shall be paid to the Department of Homeland Security----Countering Weapons of
                                             Mass Destrnction Office--Fcderal Assistance account for costs incurred related to
                                             screening for coronavirus. domestically or internationally.


                                       ~<;.t1_~F~C.QD!i.ngcnt Expenses of the Senate:
                                            " Sergeant at Anm and Doorkeeper of the Senate
                                            " Miscellaneous Items

                                       House of Representatives:
                                           "    Salaries and Expenses

                                      Jqint_Hct)l'.i:
                                           "    Ot1ice of the Attending Physician
                                           "    Capitol Police. Salaries

                                       Architect of the Capitol:
                                           "    Capital Construction and Operations

                                       library of Congre1ts:
                                           " Salaries and Expenses

                                       Government Accountabilii;Y._Qffi££:
                                           .,   Salaries and Expenses

                                       General Provisi n (title IX f      · Act)
                                       Section 190 l l:
                                          ., Amount provided in tl1is section regarding National Emergency Relief Authority for the
                                              Register of Copyrights

                                       Department of Veterans Affairs (title X oftbis Act}
                                       Veterans Benefit.;; Administration:
                                          • General Operating Expenses, Veterans Benefits Administration

                                       Veterans Health Administration:
                                          • Medical Services
                                          ., Medical Community Care
                                          • Medical Support and Compliance
                                          " Medical Facilities




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                                                                                          12

                                      Departmental Administration:
                                         " General Administration
                                         • Information Teehnology Systems
                                         • Office ofinspector General
                                         • Grants for Construction of State Extended Care Facilities

                                      Related     2en ·    (title X of this Act)
                                      Armed Forces Retirement Home Tru_st Fund:
                                           •   Anned Forces Retirement Home Trust Fund

                                      General Provisions (title X of this Act)
                                      S.es;tion 20014:
                                          • Designating amounts provided by sections 20003 throngh 20013:
                                                   o Section 2003 pertains to defining the term "public health emergency"
                                                   o Section 2004 pertains to short-term agreements or contracts with
                                                      telecommunications providers to expand telemental health services for isolated
                                                       veterans during a public health emergency
                                                   o Section 2005 pertains to treatment of State homes during publie health emergency
                                                   o Section 2006 pertains to modifications to Veteran Directed Care program of
                                                       Department of Veterans Affairs
                                                   o Section 2007 pertains to provision by Department of Veterans Affairs of
                                                       prosthetic appliances through non-departmental providers during public health
                                                       emergency
                                                   o Section 2008 pertains to waiver of pay caps for employees of Department of
                                                       Veterans Affairs during public health emergencies
                                                   o Section 2009 pertains to provision by Department of Veterans Affairs of personal
                                                       protective equipment for home health workers
                                                   o Section 200 l Opertains to clarification of treatment of payments for purposes of
                                                       eligibility for veterans pension and other veterans benefits
                                                  o Section 20011 pertains to availability of telehealth for case managers and
                                                       homeless veterans
                                                   o Section 20012 pertains to funding limits for financial assistance for supportive
                                                       services for very low-income veteran families in permanent housing during a
                                                       public health emergency
                                                   o Section 20013 pertains to modifications to comprehensive service programs for
                                                       homeless veterans during a public health emergency

                                       Department of State (title XI of this Act}
                                       Administration ofForcign Affairs:
                                         • Diplomatic Programs

                                      United States Agency for International Development (title XI of this Act)
                                      Funds Appropriated to the President:
                                         • Operating Expenses

                                      Bilateral Economic Assistance (title XI of this Act)




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                                       Funds Appropriated to the President:
                                          • International Disaster Assistance

                                       Depmtmcnt of State:
                                          • Migration and Refugee Assistance

                                       Independent Agencies:
                                          • Peace Corps

                                       General Provisions (title XI of this Act)
                                       Section 21009:
                                          • Amount provided by this section regarding authorization, during fiscal year 2020, for the
                                              use of passport and immigrant visa surcharges collected in any fiscal year pursuant to the
                                              fourth paragraph under the heading "Diplomatic and Consular Programs" in Public Law
                                               I 08-44 7 for the costs of providing consular services.

                                       Section 21012:
                                          ., Amount provided by paragraph (5) in this section by amendment of the Bretton Woods
                                              Agreements Act (for International Monetary Fund Authorization for the New
                                              Arrangements to Borrow).

                                       Department of Transportation (title XH ofthis Act)
                                       Office of the Secretary:
                                           • Salaries and Expenses
                                           • Essential Air Service

                                       Federal Aviation Administration:
                                          • Grants-In-Aid for Airports

                                       Federal Railroad Administration:
                                          • Safety and Operations
                                          • Northeast Corridor Grants to the National Passenger Corporation (including transfers)
                                          • National Network Grants to the National Railroad Passenger Corporation (including
                                              transfers)

                                       Federal Transit Administration:
                                          • Transit Infrastructure Grants

                                       M_m·itime Administration:
                                          " Operations and Training
                                          • State Maritime Academy Operations

                                       Office of Inspector General:
                                           • Salaries and Expenses

                                       Dcpaiiment of Housing and Urban Development (title XU of this Act)




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                                      Management and Administration:
                                        " Administrative Support Offices
                                        " Program Offices

                                       Public and Indian Housin_g:
                                          " Tenant-Based Rental Assistance
                                          " Public Housing Operating Fund
                                          " Native American Programs

                                      Community Planning and Development:
                                         • Housing Opporttmities for Persons with AIDS
                                        • Community Development Fund
                                        • Homeless Assistance Grants


                                           •   Project-Based Rental Assistanee
                                           •   Housing for the Elderly
                                           "   Housing for Persons with Disabilities

                                      Fair Housing and Equal OppQ!j:_tm)Jy:
                                          • Fair Housing Aetivities

                                      Office ofinspector General:
                                          • Office oflnspector General

                                      General Provisions (title XU of this Act)
                                      §~tion 22001.
                                         • Amounts repurposed under this section of amounts made available from the Airport and
                                            Airway Trust Fund for "Federal Aviation Administration Operations" in Public Law
                                            115-123 to prevent, prepare for, and respond to coronavirus.

                                      Section 22005:
                                         • Amount provided in this section regarding Highway Safety Grants emergency authority
                                             for the Secretary of Transportation.




                                                                                          0




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