H.R. 2157 — what changed
Additional Supplemental Appropriations for Disaster Relief Act, 2019
From Placed on Calendar Senate to Enrolled Bill.
14 sections amended, 7 added, and 11 removed between Placed on Calendar Senate and Enrolled Bill.
changed
That the The following sums in this Act are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year ending September 30, 2019, and for other purposes, namely:
changed
In addition to other amounts otherwise made available, out of the funds made available by under section 309 of division A 18 of the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115–72; 131 Stat. 1229), there is hereby appropriated $600,000,000 Food and Nutrition Act of 2008, $25,200,000 shall be available for the Secretary of Agriculture to provide a grant to the Commonwealth of Puerto Rico the Northern Mariana Islands for disaster nutrition assistance in response to the Presidentially declared major disasters and emergencies: Provided, That the funds made available to the Commonwealth of Puerto Rico the Northern Mariana Islands under this section shall remain available for obligation by the Commonwealth until September 30, 2020, and shall be in addition to funds otherwise made available: 2020: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
changed
In addition to amounts otherwise made available, out For purposes of the funds made available under section 18 administering title I of subdivision 1 of division B of the Food and Nutrition Bipartisan Budget Act of 2008, $25,200,000 shall be available for the Secretary to provide a grant 2018 (Public Law 115–123), losses to the Commonwealth agricultural producers resulting from hurricanes shall also include losses incurred from Tropical Storm Cindy, losses of the Northern Mariana Islands for disaster nutrition assistance peach and blueberry crops in response calendar year 2017 due to the Presidentially declared major disasters extreme cold, and emergencies: blueberry productivity losses in calendar year 2018 due to extreme cold and hurricane damage in calendar year 2017: Provided, That funds made available to the Commonwealth of the Northern Mariana Islands under amounts provided by this section shall remain available for obligation are designated by the Commonwealth until September 30, 2020: Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such amount is amounts repurposed under this section that were previously designated by the Congress as being for an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(1)
added
Except as provided in paragraph (2), a person or legal entity is not eligible to receive a payment under the Market Facilitation Program established pursuant to the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) if the average adjusted gross income of such person or legal entity is greater than $900,000.
(2)
added
Paragraph (1) shall not apply to a person or legal entity if at least 75 percent of the adjusted gross income of such person or legal entity is derived from farming, ranching, or forestry related activities.
(b)
added
In this section, the term average adjusted gross income has the meaning given the term defined in section 760.1502 of title 7 Code of Federal Regulations (as in effect July 18, 2018).
(c)
added
The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
removed
For purposes of administering title I of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123), losses to agricultural producers resulting from hurricanes shall also include losses of peach and blueberry crops in calendar year 2017 due to extreme cold: Provided, That the amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
added
In addition to other amounts made available by section 309 of division A of the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115–72; 131 Stat. 1229), there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2019, $600,000,000 to provide a grant to the Commonwealth of Puerto Rico for disaster nutrition assistance in response to a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That the funds made available to the Commonwealth of Puerto Rico under this section shall remain available for obligation by the Commonwealth until September 30, 2020, and shall be in addition to funds otherwise made available: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
(1)
removed
Except as provided in paragraph (2), a person or legal entity is not eligible to receive a payment under the Market Facilitation Program established pursuant to the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) if the average adjusted gross income of such person or legal entity is greater than $900,000.
(2)
removed
Paragraph (1) shall not apply to a person or legal entity if at least 75 percent of the adjusted gross income of such person or legal entity is derived from farming, ranching, or forestry related activities.
(b)
removed
A person or legal entity may not receive a payment under the Market Facilitation Program described in subsection (a)(1), directly or indirectly, of more than $125,000.
(c)
removed
In this section, the term average adjusted gross income has the meaning given the term defined in section 760.1502 of title 7 Code of Federal Regulations (as in effect July 18, 2018).
(d)
removed
The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
changed
In addition to amounts otherwise made available, out of the funds made available under section 18 of the Food and Nutrition Act of 2008, $5,000,000 (increased by $13,000,000) $18,000,000 shall be available for the Secretary to provide a grant to American Samoa for disaster nutrition assistance in response to the Presidentially presidentially declared major disasters and emergencies: Provided, That funds made available to the territory under this section shall remain available for obligation by the territory until September 30, 2020: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
changed
For an additional amount for Beginning not later than the “Emergency Conservation Program”, for necessary expenses related to 2020 reinsurance year, the consequences of Hurricanes Michael and Florence and Federal Crop Insurance Corporation shall offer coverage under the wholefarm revenue protection insurance policy (or a successor policy or plan of wildfires occurring insurance) for hemp (as defined in calendar year 2018, and other natural disasters, $500,000,000, to remain available until expended: section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(a)
removed
In General— The Federal share of assistance provided for DR–4336–PR, DR–4339–PR, DR–4340–USVI and DR–4335–USVI under sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b and 5173) shall be 100 percent of the eligible costs under such sections.
(b)
removed
Applicability— The Federal share provided by subsection (a) shall apply to disaster assistance applied for before, on, or after the date of enactment of this Act.
removed
The Administrator of the Federal Emergency Management Agency shall provide assistance, pursuant to section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), for critical services as defined in section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the duration of the recovery for incidents DR–4404, DR–4396, and DR–4398 to—
(1)
removed
replace or restore the function of a facility or system to industry standards without regard to the pre-disaster condition of the facility or system; and
(2)
removed
replace or restore components of the facility or system not damaged by the disaster where necessary to fully effectuate the replacement or restoration of disaster-damaged components to restore the function of the facility or system to industry standards.
removed
Section 20601 of Public Law 115–123 (132 Stat. 85) is amended by striking “may” and inserting “shall”. Provided, That the amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(a)
removed
In general— The President shall make a contribution under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) for each eligible rural medical facility that was damaged or destroyed by a major disaster during calendar year 2015, regardless of whether the operations of such medical facility were subsequently carried out in a temporary replacement facility. Such contribution shall be sufficient to provide for a full permanent replacement of each such medical facility to the resiliency standards described in subsection (b).
(b)
removed
Resiliency standards— A permanent replacement facility provided for under this section shall meet—
(1)
removed
the definition of resilient developed pursuant to section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)); and
(2)
removed
any relevant consensus-based codes, specifications, and standards.
(c)
removed
Temporary replacement facility— In any case in which the President, acting through the Federal Emergency Management Agency, has provided funding to lease or purchase a temporary replacement facility to house the operations of an eligible rural medical facility for which a permanent replacement facility is required under this section, the President shall continue such funding until a permanent replacement facility is operational, including for any period of time for which funding has not otherwise been provided.
(d)
removed
Hospital successor entity— A transfer in ownership of an eligible rural medical facility or of a permanent replacement facility, or the execution of a transaction by the owner of an eligible rural medical facility resulting in different ownership of a permanent replacement facility, shall not affect the requirement in subsection (a) to provide for a full replacement of the facility for which funds are provided under this section, provided that such funds are provided to an entity otherwise eligible for assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
(e)
removed
Definition of eligible rural medical facility— In this section, the term eligible rural medical facility means a private nonprofit hospital facility—
(1)
removed
located in a county with a population below 40,000, as determined by the most recent decennial census;
(2)
removed
that sustained damage during calendar year 2015 that was eligible for financial assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172); and
(3)
removed
that was closed following damage sustained during a major disaster and remains closed as of the date of enactment of this Act.
(f)
removed
The amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(a)
removed
In general— The President shall make a contribution under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) to the applicable State or local government for each eligible hydroelectric facility that was damaged or destroyed by a major disaster during calendar year 2015 to carry out the improvements for which such contribution was provided under this section.
(b)
removed
Contribution— Each contribution provided for improvements to an eligible hydroelectric facility under subsection (a) shall be sufficient to—
(1)
removed
rebuild canal embankments to meet all applicable guidelines in the Engineering Guidelines for the Evaluation of Hydropower Projects prepared by the Federal Energy Regulatory Commission;
(2)
removed
restore all other water-control and retaining structures to meet all applicable such Engineering Guidelines; and
(3)
removed
provide for either—
(A)
removed
the restoration of the eligible hydroelectric facility to full operation of its function as a primary water source and hydroelectric power supply; or
(B)
removed
the establishment of an alternative primary water source and the restoration of the full operation of the hydroelectric power supply function of the eligible hydroelectric facility pursuant to the requirements of subsection (c).
(c)
removed
Alternative contribution— A contribution may cover the establishment of an alternative primary water source under subsection (b)(3)(B) only if—
(1)
removed
the water source could provide redundancy to the water supply provided by an eligible hydroelectric facility;
(2)
removed
the water source is approved by any applicable regulatory agencies; and
(3)
removed
the cost of the establishment of such water source and the restoration of the full operation of the hydroelectric power supply function of the eligible hydroelectric facility is less than the cost of restoring the eligible hydroelectric facility to full operation as described under subsection (b)(3)(A).
(d)
removed
Resiliency standards— An improvement carried out under this section shall meet the definition of resilient developed pursuant to section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)).
(e)
removed
Definition of eligible hydroelectric facility— In this section, the term eligible hydroelectric facility means a hydroelectric facility that—
(1)
removed
is part of a system that provides the primary water source for more than 200,000 people;
(2)
removed
sustained damage eligible for financial assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172);
(3)
removed
is licensed by the Federal Energy Regulatory Commission under part I of the Federal Power Act (16 U.S.C. 792 et seq.); and
(4)
removed
has been assigned a significant hazard potential classification in accordance with chapter 1 of the Engineering Guidelines for the Evaluation of Hydropower Projects prepared by the Federal Energy Regulatory Commission.
(f)
removed
The amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
removed
In implementing section 502 of this Act or section 20601 of Public Law 115–123, the Administrator shall include the costs associated with addressing pre-disaster condition, undamaged components, codes and standards, and industry standards in the cost of repair when calculating the percentage in section 206.226(f) of title 44, Code of Federal Regulations: Provided, That the amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
added
Notwithstanding any other provision of law, any rural community impacted by major declared disaster DR–4407 may have the governor in the affected state, or the governor’s designee, certify the area’s population as a rural area with respect to eligibility for loans, grants, and technical assistance under rural development programs funded by the Department of Agriculture until data from the 2020 United States Census is available: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
added
Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.
changed
Not later than 45 days after the date of enactment In implementing section 20601 of this Act, Public Law 115–123, the agencies receiving funds appropriated by this title Administrator shall provide a detailed operating plan of anticipated uses of funds made available in this title by State and Territory, include the costs associated with addressing pre-disaster condition, undamaged components, codes and by program, project, standards, and activity, to industry standards in the Committees on Appropriations: cost of repair when calculating the percentage in section 206.226(f) of title 44, Code of Federal Regulations: Provided, That no such funds shall be obligated before amounts repurposed under this section that were previously designated by the operating plans are provided Congress, respectively, as an emergency requirement or as being for disaster relief pursuant to the Committees: Provided further, That such plans shall be updated, including obligations Balanced Budget and Emergency Deficit Control Act are designated by the Congress as being for an emergency requirement pursuant to date, section 251(b)(2)(A)(i) of the Balanced Budget and submitted Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of the Committees on Appropriations every 60 days until all such funds are expended.Balanced Budget and Emergency Deficit Control Act of 1985.
added
Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.
added
Not later than 45 days after the date of enactment of this Act, the agencies receiving funds appropriated by this title shall provide a detailed operating plan of anticipated uses of funds made available in this title by State and Territory, and by program, project, and activity, to the Committees on Appropriations: Provided, That no such funds shall be obligated before the operating plans are provided to the Committees: Provided further, That such plans shall be updated, including obligations to date, and submitted to the Committees on Appropriations every 60 days until all such funds are expended.
(a)
removed
Section 1108(g)(5) of the Social Security Act (42 U.S.C. 1308(g)(5)) is amended—
(1)
removed
in subparagraph (A), by striking “and (E)” and inserting “(E), and (F)”;
(2)
removed
in subparagraph (C), in the matter preceding clause (i), by striking “and (E)” and inserting “and (F)”;
(3)
removed
by redesignating subparagraph (E) as subparagraph (F);
(4)
removed
by inserting after subparagraph (D), the following:
removed
“(E) Subject to subparagraph (F), for the period beginning January 1, 2019, and ending September 30, 2019, the amount of the increase otherwise provided under subparagraph (A) for the Northern Mariana Islands shall be further increased by $36,000,000.”
(5)
removed
in subparagraph (F) (as redesignated by paragraph (3) of this section)—
(A)
removed
by striking “title XIX, during” and inserting “title XIX—
removed
“(i) during”
(B)
removed
by striking “and (D)” and inserting “, (D), and (E)”;
(C)
removed
by striking “and the Virgin Islands” each place it appears and inserting “, the Virgin Islands, and the Northern Mariana Islands”;
(D)
removed
by striking the period at the end and inserting “; and”; and
(E)
removed
by adding at the end the following:
removed
“(ii) for the period beginning January 1, 2019, and ending September 30, 2019, with respect to payments to Guam and American Samoa from the additional funds provided under subparagraph (A), the Secretary shall increase the Federal medical assistance percentage or other rate that would otherwise apply to such payments to 100 percent.”
(b)
removed
The amounts provided by the amendments made by subsection (a) are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
removed
Not later than 30 days after the date of enactment of this Act, the Secretaries of Labor, Health and Human Services, and Education shall provide a detailed spend plan of anticipated uses of funds made available in this title, including estimated personnel and administrative costs, to the Committees on Appropriations: Provided, That such plans shall be updated and submitted to the Committees on Appropriations every 60 days until all funds are expended or expire.
removed
The second proviso under the heading “Hurricane Education Recovery” under the heading “Department of Education” under title VIII of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123; 132 Stat. 95) is amended—
(1)
removed
in paragraph (2)—
(A)
removed
in subparagraph (I), by striking “and” after the semicolon; and
(B)
removed
by adding at the end the following:
removed
“(K) assistance provided to an eligible entity under this heading, including assistance provided to an eligible entity before the date of enactment of the Supplemental Appropriations Act, 2019, may be used by the eligible entity for a purpose described in section 406 of the Robert T. Stafford Disaster and Relief Emergency Act (42 U.S.C. 5172), notwithstanding section 102(e)(3) of title IV of division B of Public Law 109–148 (119 Stat. 2794), if the eligible entity will receive funds for that purpose under such section 406; and
removed
“(L) any duplicative Federal assistance provided under this heading to an eligible entity may be retained by the entity and used for other activities to restart school operations in accordance with this paragraph;”
(2)
removed
in paragraph (9), by striking “and” after the semicolon;
(3)
removed
by redesignating paragraph (10) as paragraph (11); and
(4)
removed
by inserting after paragraph (9) the following:
removed
“(10) amounts available under paragraph (4) that exceed the amount required to meet the need for such funds as determined by the Secretary as of December 31, 2018, shall be available to carry out paragraph (3); and”
added
Not later than 30 days after enactment of this Act, the Secretaries of Labor, Health and Human Services, and Education shall provide a detailed spend plan of anticipated uses of funds made available in this title, including estimated personnel and administrative costs, to the Committees on Appropriations: Provided, That such plans shall be updated and submitted to the Committees on Appropriations every 60 days until all funds are expended or expire.
(a)
added
Section 1108(g)(5) of the Social Security Act (42 U.S.C. 1308(g)(5)) is amended—
(1)
added
in subparagraph (A), by striking “and (E)” and inserting “(E), and (F)”;
(2)
added
in subparagraph (C), in the matter preceding clause (i), by striking “and (E)” and inserting “and (F)”;
(3)
added
by redesignating subparagraph (E) as subparagraph (F);
(4)
added
by inserting after subparagraph (D), the following:
added
“(E) Subject to subparagraph (F), for the period beginning January 1, 2019, and ending September 30, 2019, the amount of the increase otherwise provided under subparagraph (A) for the Northern Mariana Islands shall be further increased by $36,000,000.”
(5)
added
in subparagraph (F) (as redesignated by paragraph (3) of this section)—
(A)
added
by striking “title XIX, during” and inserting “title XIX—
added
“(i) during”
(B)
added
by striking “and (D)” and inserting “, (D), and (E)”;
(C)
added
by striking “and the Virgin Islands” each place it appears and inserting “, the Virgin Islands, and the Northern Mariana Islands”;
(D)
added
by striking the period at the end and inserting “; and”; and
(E)
added
by adding at the end the following:
added
“(ii) for the period beginning January 1, 2019, and ending September 30, 2019, with respect to payments to Guam and American Samoa from the additional funds provided under subparagraph (A), the Secretary shall increase the Federal medical assistance percentage or other rate that would otherwise apply to such payments to 100 percent.”
(6)
added
by adding at the end the following:
added
“(G) Not later than September 30, 2019, Guam and American Samoa shall each submit a plan to the Secretary outlining the steps each such territory shall take to collect and report reliable data to the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system).”
(b)
added
The amounts provided by the amendments made by subsection (a) are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
added
Notwithstanding any other provision of law, funds made available under each heading within the “Department of Defense” in this title shall only be used for the purposes specifically described under that heading.
(a)
removed
Amounts previously made available for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a major disaster, including funds provided under section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and any mitigation funding provided under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” of Public Law 115–123, that were allocated in response to Hurricane Matthew, may be used interchangeably and without limitation for the same activities in the most impacted and distressed areas related to Hurricane Florence. In addition, any funds provided under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” in this Act or in division I of Public Law 115–254 that are allocated in response to Hurricane Florence may be used interchangeably and without limitation for the same activities in the most impacted and distressed areas related to Hurricane Matthew. Until HUD publishes the Federal Register Notice implementing this provision, grantees may submit for HUD approval revised plans for the use of funds related to Hurricane Matthew that expand the eligible beneficiaries of existing programs contained in such previously approved plans to include those impacted by Hurricane Florence. Approval of any such revised plans shall include the execution of revised grant terms and conditions as necessary. Once the implementing Notice is published, any additional action plan revisions shall follow the requirements contained therein.
(b)
removed
Amounts made available for administrative costs for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas under this Act or any future Act, and amounts previously provided under section 420 of division L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” of division B of Public Law 115–56, Public Law 115–123, and Public Law 115–254, shall be available for eligible administrative costs of the grantee related to any disaster relief funding identified in this subsection without regard to the particular disaster appropriation from which such funds originated.
(c)
removed
The additional uses pursuant to this section for amounts that were previously designated by the Congress, respectively, as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(a)
added
Amounts previously made available for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a major disaster, including funds provided under section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and any mitigation funding provided under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” of Public Law 115–123, that were allocated in response to Hurricane Matthew, may be used interchangeably and without limitation for the same activities in the most impacted and distressed areas related to Hurricane Florence. In addition, any funds provided under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” in this Act or in division I of Public Law 115–254 that are allocated in response to Hurricane Florence may be used interchangeably and without limitation for the same activities in the most impacted and distressed areas related to Hurricane Matthew. Until HUD publishes the Federal Register Notice implementing this provision, grantees may submit for HUD approval revised plans for the use of funds related to Hurricane Matthew that expand the eligible beneficiaries of existing programs contained in such previously approved plans to include those impacted by Hurricane Florence. Approval of any such revised plans shall include the execution of revised grant terms and conditions as necessary. Once the implementing Notice is published, any additional action plan revisions shall follow the requirements contained therein.
(b)
added
Amounts made available for administrative costs for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas under this Act or any future Act, and amounts previously provided under section 420 of division L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” of division B of Public Law 115–56, Public Law 115–123, and Public Law 115–254, shall be available for eligible administrative costs of the grantee related to any disaster relief funding identified in this subsection without regard to the particular disaster appropriation from which such funds originated.
(c)
added
The additional uses pursuant to this section for amounts that were previously designated by the Congress, respectively, as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.
added
Of all amounts made available for mitigation activities under the heading “Department of Housing and Urban Development—Community Development Fund” in Public Law 115–123, the Secretary shall publish in the Federal Register the allocations to all eligible grantees, and the necessary administrative requirements applicable to such allocations within 90 days after enactment of this Act:
(1)
added
For any plans or amendments addressing the use of any funds provided under Public Law 115–123 and received by the Secretary prior to December 22, 2018, the Secretary shall review pending amendments within 15 days of enactment of this Act and pending plans within 30 days of enactment of this Act;
(2)
added
After the date of enactment of this Act, the Secretary may not apply the statutory waiver or alternative requirement authority provided by Public Law 115–123 to extend or otherwise alter existing statutory and regulatory provisions governing the timeline for review of required grantee plans:
changed
Unless otherwise provided for by this Act, the additional amounts appropriated by this division Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2019.
changed
Any amount appropriated by For purposes of this Act designated by Act, the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) consequences or impacts of any hurricane shall include damages caused by the Balanced Budget and Emergency Deficit Control Act storm at any time during the entirety of 1985 and subsequently so designated its duration as a cyclone, as defined by the President, and transferred pursuant to transfer authorities provided by this division shall retain such designation.National Hurricane Center.
changed
Of all amounts made available for mitigation activities under Any amount appropriated by this Act, designated by the heading “Department Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of Housing and Urban Development—Community Development Fund” in Public Law 115–123, the Secretary shall publish in the Federal Register the allocations to all eligible grantees, Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the necessary administrative requirements applicable President, and transferred pursuant to such allocations within 14 days after enactment of transfer authorities provided by this Act:Act shall retain such designation.
(1)
removed
For any plans or amendments addressing the use of any funds provided under Public Law 115–123 and received by the Secretary prior to December 22, 2018, the Secretary shall review pending amendments within 15 days of enactment of this Act and pending plans within 30 days of enactment of this Act.
(2)
removed
After the date of this Act, the Secretary may not apply the statutory waiver or alternative requirement authority provided by Public Law 115–123 to extend or otherwise alter existing statutory and regulatory provisions governing the timeline for review of required grantee plans:
(a)
changed
Financing— Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking “May 31, “June 14, 2019” and inserting “September 30, 2019”.
(b)
changed
Program expiration— Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking “May 31, “June 14, 2019” and inserting “September 30, 2019”.
(c)
changed
Retroactive effective date— If this Act is enacted after May 31, June 14, 2019, the amendments made by subsections (a) and (b) shall take effect as if enacted on May 31, June 14, 2019.
removed
None of the funds in this Act shall be made available to implement paragraph (3) of section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
removed
None of the funds made available by this Act may be used to enforce section 668.105(h) of title 23, Code of Federal Regulations, for any projects in response to disasters that occurred in fiscal year 2017 or thereafter.
removed
This Act may be cited as the “Supplemental Appropriations Act, 2019”.