Relief Act of 2019

Relief Act of 2019

Long title	An Act to Address Post-Disaster Relief Concerns Following Hurricane Dorian and Expand Available Disaster Relief for Midwestern Flooding and Western Wildfires
Enacted by	the 116th United States Congress
Effective	December 14, 2019
Codification
Acts amended	National Flood Insurance Act 1968 Internal Revenue Code 1986 Balanced Budget and Emergency Deficit Control Act 1985 Small Business Act 1953 Healthy Forests Restoration Act 2005 Immigration and Nationality Act 1965 Robert T. Stafford Disaster Relief and Emergency Assistance Act 1988
Legislative history
Introduced in the House by Jason Evander (R-SD) on October 10, 2019 Committee consideration by Homeland Security Passed the House on October 22, 2019 (398-20) Passed the Senate on November 30, 2019 (96-0) with amendment House agreed to Senate amendment on December 3, 2019 (404-20) Signed into law by President Rick Tawney (R-TN) on December 14, 2019

The Relief Act 2019 was a major bipartisan legislation cosponsored by Representative Jason Evander (R-SD) and Senator Jillian Dayton (D-VA).

Passage

Urgency to pass a disaster relief act skyrocketed following Hurricane Dorian and 2019 Midwestern Floods. Initial fears of a Wolf Veto were subsided by President Wolf remaining largely silent on the issue. His resignation in favor of Vice-President Rick Tawney led to the signing of the bill as amended by the Senate in December of 2019.

Text

Section I - Charitable Donations:

a) To provide a temporary increase in the limitation on deductible contributions made for relief efforts related to Hurricane Dorian and other areas under a disaster declaration in the United States, qualified contributions shall be disregarded in applying subsections (b) and (d) of section 170 of the Internal Revenue Code of 1986.

b) For purposes of section 170 of the Internal Revenue Code of 1986 and in the case of an individual: Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions allowed under section 170(b)(1) of such Code. If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds the limitation of subparagraph (A), such excess shall be added to the excess described in section 170(b)(1)(G)(ii).

c) For purposes of section 170 of the Internal Revenue Code of 1986 and in the case of a corporation: Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other charitable contributions allowed under such paragraph. If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(2) of such Code) exceeds the limitation of subparagraph (A), such excess shall be appropriately taken into account under section 170(d)(2) subject to the limitations thereof.

d) For purposes of this section, the term “qualified contribution” means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if such contribution is made after March 1, 2019, and before January 1, 2020, in cash to an organization described in section 170(b)(1)(A) of such Code; and is made for relief efforts related to Hurricane Dorian and other areas under a disaster declaration in the United States. Furthermore, the term shall also generally apply to charitable contributions meeting the aforementioned Internal Revenue Code of 1986 criteria and made for relief efforts related to any hurricane that lands in the United States of America and its territories and under a disaster declaration by state, territorial, or local authority. Additionally, the term means that the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of section 170(f)(8) of such Code) that such contribution was used (or is to be used) for relief efforts described in subparagraph (A)(ii); and the taxpayer has elected the application of this subsection with respect to such contribution. Such term shall not include a contribution by a donor if the contribution is to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986; or for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2) of such Code). In the case of a partnership or S corporation, the election under paragraph (1)(C) shall be made separately by each partner or shareholder.

Section II - Flooding-Related Disaster Relief:

a) To reauthorize the National Flood Insurance Program, Section 1309(a) of the National Flood Insurance Act of 1968 is amended by striking “May 31, 2019” and inserting “January 21, 2021”. Section 1319 of the same Act is amended by striking “May 31, 2019” and inserting “January 21, 2022”. If this Act is enacted after May 31, 2019, the amendments made by subsections (a) and (b) shall take effect as if enacted on May 31, 2019.

b) The Administrator of the Federal Emergency Management Agency shall conduct a study to evaluate insurance industry best practices for risk rating and classification, including practices related to replacement cost value in premium rate estimations; assess options, methods, and strategies for including replacement cost value in the Administrator’s estimates under section 1307(a)(1) of the National Flood Insurance Act of 1968; provide recommendations for including replacement cost value in the estimate of the risk premium rates for flood insurance under such section 1307(a)(1); identify an appropriate methodology to incorporate replacement cost value into the Administrator’s estimates under such section 1307(a)(1); and develop a feasible implementation plan and projected timeline for including replacement cost value in the estimates of risk premium rates for flood insurance made available under the National Flood Insurance Program.

c) Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Administrator shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that contains the results and conclusions of the study required under paragraph (b). The report submitted shall include an analysis of the recommendations resulting from the study under paragraph (b) and any potential impacts on the National Flood Insurance Program, including cost considerations; a description of any actions taken by the Administrator to implement the study recommendations; and a description of any study recommendations that have been deferred or not acted upon, together with a statement explaining the reasons for such deferral or inaction.

d) Paragraph (1) of section 1307(a) of the National Flood Insurance Act of 1968 is amended, in the matter preceding subparagraph (A), by inserting after “flood insurance” the following: “, which shall incorporate replacement cost value, and”. Subsection (b) of section 1308 of the National Flood Insurance Act of 1968 is amended, in the matter preceding paragraph (1), by inserting after “Such rates” the following: “shall incorporate replacement cost value and”. The amendments under this paragraph shall be made beginning on the date of the enactment of this Act but shall be applicable only to areas affected by Hurricane Dorian and other areas under a disaster declaration in the United States after March 1, 2019, and before January 1, 2020.

e) The Administrator of the Federal Emergency Management Agency shall apply the amendments under paragraph (d) to flood insurance coverage made available under the National Flood Insurance Act of 1968 for properties located in various geographic regions in the United States such that over the three-year period beginning upon the expiration of the 12-month period beginning on the date of the enactment of this Act, the requirement under such amendments shall be gradually phased in geographically throughout the United States as sufficient information for such implementation becomes available. And after the same expiration of the 12-month period beginning on the date of the enactment of this Act, such amendments shall apply to all flood insurance coverage made available under the National Flood Insurance Act of 1968 if not already applicable per paragraph (d).

f) Subsection (a) of section 1315 of the National Flood Insurance Act of 1968 is amended by adding at the end the following new paragraph: "ALLOWABLE LOCAL VARIANCES FOR CERTAIN AGRICULTURAL STRUCTURES: Notwithstanding any other provision of this Act, the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance from compliance with the requirements to elevate or floodproof such a structure and meeting the requirements of subparagraph (B) may be granted; and the Administrator may not suspend a community from participation in the National Flood Insurance Program, or place such a community on probation under such program, because such land use and control measures provide for such a variance. This subparagraph shall not limit the ability of the Administrator to take enforcement action against a community that does not adopt adequate variance criteria or establish proper enforcement mechanisms. The requirements of this subparagraph with respect to a variance are as follows: The variance is granted by an official from a duly constituted State or local zoning authority, or other authorized public body responsible for regulating land development or occupancy in flood-prone areas. In the case of new construction, such official has determined that neither floodproofing nor elevation of the new structure to the base flood elevation is practicable; and that the structure is not located in a designated regulatory floodway; an area riverward of a levee or other flood control structure; or an area subject to high velocity wave action or seaward of flood control structures. In the case of existing structures if such structure is substantially damaged or in need of substantial repairs or improvements, such official has determined that neither floodproofing nor elevation to the base flood elevation is practicable; and if such structure is located within a designated regulatory flood­way, such official has determined that the repair or improvement does not result in any increase in base flood levels during the base flood discharge. Such official must also have determined that the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Not more than one claim payment exceeding $1,000 will be made for the structure under flood insurance coverage under this title within any period of 2 consecutive years at any time prior to the granting of the variance."

g) For purposes of paragraph (f), the amendments to subsection (a) of section 1315 of the National Flood Insurance Act of 1968 under "ALLOWABLE LOCAL VARIANCES FOR CERTAIN AGRICULTURAL STRUCTURES", the following definitions shall apply: A) The term ‘agricultural structure’ has the meaning given such term in paragraph (2)(D), except that such term includes not more than one single-family dwelling located on the same property as the agricultural operation at the date of enactment of this Act, but only if such dwelling is occupied by the owner or operator of the operation. B) The term ‘floodproofing’ means, with respect to a structure, any combination of structural and non-structural additions, changes, or adjustments to the structure that reduce or eliminate potential flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents.”

h) Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following new subsection: “(n) Premium Rates For Certain Agricultural Structures With Variances.—Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the same as the rate that otherwise would apply to such structure if the structure had been dry floodproofed.”.

i) Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: “(k) Levee-Impacted Areas: Subject only to full implementation of subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 and notwithstanding any other provision of law, if a community that applies to the Administrator for the remapping of a levee-impacted area in which the pertinent levee system fails to meet the national flood insurance program’s minimum design, operation, and maintenance standards required for levee accreditation on a flood insurance rate map, the Administrator shall establish flood risk zones for those areas on such maps to be known as AL zones; and flood insurance shall be made available to properties located within such zones at actuarial rates based upon the risk associated with structures within the applicable AL zones. Before the Administrator has developed actuarial rates for the various AL zones, covered structures within the portions of the community located within the levee-impacted area shall be eligible for rates associated with areas of moderate flood hazards.”.

j) The Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”) shall carry out a pilot program under this section that provides for the sale of contracts for flood insurance coverage under the National Flood Insurance Act of 1968 that cover multiple non-residential agricultural structures, as such term is defined in section 1315(a)(2)(D) of such Act, under a single flood insurance policy. The Administrator may provide coverage under the pilot program only for properties located in communities for which a flood insurance rate map is in effect and in which the full limits of coverage under the National Flood Insurance Act of 1968 are available. Additionally, the pilot program shall provide immediate and retroactive coverage for properties located in communities affected by and related to Hurricane Dorian and other areas under a disaster declaration in the United States after March 1, 2019, and before January 1, 2020. Coverage provided under the pilot program shall not exceed $500,000 aggregate liability per policy for coverage of structures and $500,000 aggregate liability per policy for coverage of contents. Coverage provided under the pilot program shall comply with subsection (c) of section 1306 of the National Flood Insurance Act of 1968. Coverage provided under the pilot program shall be consistent with, and as substantially identical as possible to, the terms, conditions, and exclusions found in the General Property Form of the Standard Flood Insurance Policy, as set forth in Appendix A(2) to Part 61 of title 44, Code of Federal Regulations.

k) Notwithstanding any applicable rulemaking requirements, to the extent necessary to implement the pilot program under paragraph (j), the Administrator may issue endorsements to the General Policy Form of the Standard Flood Insurance Policy, as set forth in the Appendix referred to in paragraph (j), except that no such endorsement may be issued before the expiration of the 6-month period beginning upon publication of such endorsement in the Federal Register. Notwithstanding any other provision of law, or arrangements entered into under section 1340 of the National Flood Insurance Act of 1968, the Administrator shall sell contracts for coverage under the pilot program under this section only through the facilities of the Administrator’s direct serving agent for the National Flood Insurance Program. The Administrator may not sell a contract for coverage under the pilot program under this section for a structure that covers any period during which the structure is covered under another contract for insurance coverage made available under the National Flood Insurance Act of 1968. Nothing in this section may be construed to limit or restrict the Administrator’s authority to provide, by regulation, for general terms and conditions of flood insurance for multiple structures under one flood insurance policy pursuant to sections 1305 and 1306 of the National Flood Insurance Act of 1968.

l) The Administrator may not sell any policy for flood insurance coverage under the pilot program under this section before the expiration of the 6-month period beginning upon publication in the Federal Register of notice describing the pilot program and setting forth the general terms and conditions of endorsements to be sold under the program. The pilot program under this section shall terminate upon, and the Administrator may not sell any policy for flood insurance coverage under the pilot program after, the expiration of the ten-year period beginning upon the date of the enactment of this Act. Not later than the expiration of the ten-year period beginning on the date of the enactment of this Act, the Administrator shall submit a report to the Congress describing and evaluating the pilot program in its entirety under this section. Additionally, not later than the expiration of the 1-year period beginning on the date of the enactment of this Act, the Administrator shall submit a report to the Congress describing and evaluating the pilot program under this section specifically related to policy sold for properties located in communities affected by and related to Hurricane Dorian and other areas under a disaster declaration in the United States after March 1, 2019, and before January 1, 2020.

m) Notwithstanding any other provision of law, on request of an impacted community, the Secretary shall evaluate whether a temporary structure as defined in paragraph (p) warrants consideration for a permanent feature. In evaluating a temporary structure under this paragraph, the Secretary shall consider the likelihood that a similar structure will need to be constructed in the area in the future if the temporary structure, or a similar structure, is not made permanent; the extent to which similar structures have been constructed in the area previously and removed; the economic, safety, and environmental benefits and impacts of establishing a permanent feature in the watershed of the impacted community; the extent of the modifications necessary to make the temporary structure a permanent feature; the costs of the aforementioned modifications; and especially and specifically, with special and urgent consideration, if said structure is located in communities affected by and related to Hurricane Dorian and other areas under a disaster declaration in the United States after March 1, 2019, and before January 1, 2020.

n) After the Secretary completes an evaluation under paragraph (m), if the Secretary determines that the temporary structure should become a permanent feature, or that a permanent feature would prevent damage similar to damage prevented by the temporary structure, and subject to paragraph (m), the Secretary shall begin the planning and design of the permanent feature in accordance with all applicable design and construction standards and legal requirements of the Secretary, including all applicable environmental laws. The Secretary may carry out the planning, design, and construction of a project described in paragraph (m) if the total construction cost of the project is not expected to exceed $25,000,000. If the total construction cost of a project described in paragraph (m) is expected to be greater than $25,000,000, the Secretary shall submit to Congress a request to carry out the project in a manner similar to a Chief's Report; and may not carry out the project until Congress authorizes the construction of the project.

o) Demolition of a temporary structure under this section shall be subject to the cost-share requirement under this paragraph, but the costs of that demolition shall not be included in the total construction cost of the project under paragraphs (m) and (n). The non-Federal share of the cost of carrying out a project under this section shall be not more than 35 percent. In the case of a project carried out under this section in an impacted community that is a small or disadvantaged community, the Federal share of the cost of a project may be up to 100 percent, based on the ability of the community to pay.

p) For purposes of paragraph (m), (n), and (o), the following definitions shall apply: A) The term “impacted community” means an entity that has received emergency flood fighting assistance under section 5 of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”), that involved the construction of a temporary structure. B) The term “permanent feature” means a structural or nonstructural measure typical in a flood control project. C) The term “Secretary” means the Secretary of the Army. The term “small or disadvantaged community” means a community with a population of less than 10,000; or that is financially disadvantaged; and at risk from repeat flooding events.

Section III - Support to American Allies:

a) For purposes of section 244 of the Immigration and Nationality Act, The Bahamas shall be treated as if it had been designated under subsection (b) of that section, subject to the provisions of this section. The initial period of the designation referred to in this paragraph shall be for the 18-month period beginning on the date of the enactment of this Act.

b) As a result of the designation made under paragraph (b), an alien who is a national of The Bahamas is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act, subject to paragraph (3) of such section, if the alien has been continuously physically present in the United States since the date of the enactment of this Act; is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section, and is not ineligible for temporary protected status under paragraph (2)(B) of such section; and registers for temporary protected status in a manner established by the Secretary of Homeland Security.

c) The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act, to an alien who is granted temporary protected status pursuant to the designation made under this Section if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with an authorization described in paragraph (a) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act. The Secretary shall also have the power with consent from the President of the United States to designate any other countries to qualify for such treatment under this Act if they are deemed to not be a danger to American interests as defined by the Secretary and has suffered an environmental or natural disaster within the past six months. Such designation shall bring paragraphs (a), (b), and this one into effect for that respective country.

Section IV - Wildfire-Related Disaster Relief:

a) To extend indemnity for wildfires and other major, qualifying disasters, Title I of subdivision 1 of division B of the Bipartisan Budget Act of 2018 is amended under the heading “Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary” by striking “December 31, 2019” and inserting “January 21, 2022”; by inserting “Florence, Michael, Dorian” after “Maria,”; by inserting “, 2018, 2019, 2020, or 2021” after “occurring in calendar year 2017”; and by inserting “, including disasters occurring in calendar year 2017, 2018, 2019, 2020, or 2021” after “such losses”.

b) In carrying out the Transitional Sheltering Assistance Program of the Federal Emergency Management Agency under section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President shall provide assistance to a qualified entity to purchase and provide, to an individual at risk of wildfire smoke related illness, smoke-inhalation prevention equipment, including a portable air filtration unit; an air filter; a face mask or respirator, such as a N95 respirator; a P100 respirator; or other equipment certified by the National Institute for Occupational Safety and Health to protect from airborne particle exposure; low-cost equipment to keep smoke out of a house, such as: a weather strip; not more than 1 portable air-conditioning unit per household; ventilation equipment; a screening and shading device; or a window covering; or other similarly effective devices; and in any case in which smoke-inhalation prevention equipment is not sufficient to mitigate the risk of illness, provide cost-efficient transitional shelter assistance to an individual at risk of wildfire smoke related illness.

c) For purposes of paragraph (b), for carrying out the Transitional Sheltering Assistance Program of the Federal Emergency Management Agency under section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the following definitions shall apply: A) The term “individual at risk of wildfire smoke related illness” means an individual, living in an area where the air quality index is determined to be unhealthy for not less than 3 consecutive days as a result of a wildfire, who is a low-income individual; a parent or guardian with a child who has not attained 19 years of age; a pregnant woman; an individual who is 65 years of age or older; an individual with chronic respiratory or cardiovascular illness; or an individual with a chronic disease that is exacerbated by smoke inhalation. B) The term “low-income individual” means an individual from a family whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) for the preceding year did not exceed 200 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of Census. C) The term “qualified entity” means a State or unit of local government; a local public health authority; and a coordinated care organization.

d) Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish a program, which shall be separate from the program established under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act , under which the Administrator, in coordination with the Chief of the Forest Service, shall award grants to eligible entities to in the case of an eligible entity that has a community wildfire defense plan, carry out projects described in the community wildfire defense plan of the eligible entity; or in the case of an eligible entity that does not have a community wildfire defense plan, develop a community wildfire defense plan. Such a plan is defined as a “community wildfire defense plan” that is developed by an eligible entity in coordination with the local community and government; local law enforcement, firefighters, first responders, fire managers, and utilities; and State agencies responsible for emergency response and forest management; includes strategies and activities relating to improving evacuations and access for first responders; addressing vulnerable populations, including the elderly, those with disabilities, and the homeless; hardening and increasing the resiliency of critical infrastructure and homes, including through incentive programs; applying community-scale defensible space projects across contiguous areas; building local capacity to implement and oversee the plan; implementing strategic land use planning; deploying distributed energy resources that do not increase dependence on fossil fuels; educating community members; coordinating any existing wildfire plans such as a community wildfire protection plan or a community emergency evacuation plan; and incorporating information from a map generated pursuant to section 210(a) of division O of the Consolidated Appropriations Act, 2018; and may consist of existing plans or other efforts, provided that the plan complies with the previous tenets. Likewise, such a “defensible space project” means a project that is conducted within a radius of not more than 100 feet around homes, businesses, and administrative facilities, and is comprised of vegetation pruning, such as annual removal of tree seedlings and saplings, lower limbs of mature trees, cutting of grasses and reducing density and continuity of shrubs, and removal of most small twigs and leaves; or at the discretion of the Administrator, if a project funded under the program is being carried out in a State that has established by law a more restrictive definition of the term, has the meaning given the term in State law.

e) Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the Chief, shall establish criteria to award grants under the program in paragraph (d). Amounts provided under the program shall be used to conduct projects and activities only in communities in existence on the date of enactment of this Act. In awarding grants under the program, the Administrator shall give priority to eligible entities that will carry out projects or plans supporting a low-income community in a fire-hazard area, as identified by a State wildfire hazard map or the most recent wildfire hazard potential map from the Secretary of Agriculture; or a severe disaster impacted community in a fire-hazard area, as identified by a State wildfire hazard map or the most recent wildfire hazard potential map from the Secretary of Agriculture. Grants with 50 percent of less of the total available funds listed in paragraph (f) shall be available and prioritized within 30 days to areas currently suffering from a declared wildfire by a State.

f) An eligible entity that receives a grant under the program in paragraphs (d) and (e) must use grant funds to carry out projects that support a diverse portfolio of community wildfire defense strategies described in the community wildfire defense plan of the eligible entity. An award under this subsection shall be for not more than $10,000,000. An eligible entity that receives a grant under the program may use grant funds to develop a community wildfire defense plan for the eligible entity. An award under this subsection shall be for not more than $250,000. Eligible entities for these grants shall be a State or unit of general local or regional government; an Indian Tribe; or a joint powers authority of some combination of the latter.

g) In carrying out a project using a grant awarded under the program, the grant recipient shall, to the maximum extent practicable, give preference to contracting with entities, and hiring individuals, from the area in which the project is being carried out, including by partnering with local corps groups such as AmeriCorps or a conservation corps. Cost-Sharing Requirement.—The non-Federal share of the cost (including the administrative cost) of carrying out a project using funds from a grant awarded under the program shall be not less than 25 percent for a grant described in paragraph (f); and shall be 0 percent for a grant described in subsection (f); may be provided by a State, a unit of local government, an Indian Tribe, a nonprofit organization, private industry, or a combination of those entities; or volunteer hours and in-kind donations; and may, in the case of a project that serves a low-income community, be in the form of a low-interest Federal loan to the eligible entity carrying out the project through the Community Disaster Loan program authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

h) Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall publish a report on authorities and programs across the Federal Government that are available to protect communities from wildfires; and that assesses impediments to implementation of those programs and gaps in funding. Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall publish a study on the potential for a community wildfire defense plan to qualify for a certification identifying a level of wildfire survivability and resilience; that assesses what metrics might provide insurance companies assurance that a community has wildfire resilience measures; and how to incentivize insurance companies to accept the certification. Section 101(1)(A) of the Healthy Forests Restoration Act of 2003 is amended by striking “comprised of” in the matter preceding clause (i) and all that follows through “a group” in clause (ii) and inserting “comprised of a group”. Not later than 180 days after the date of enactment of this Act, and every 5 years thereafter, the Chief shall develop and publish a map depicting at-risk communities (as defined in section 101 of the Healthy Forests Restoration Act of 2003), including Tribal at-risk communities.

i) The President may declare a smoke emergency in any State in which the President determines there is, or anticipates there will be, a significant decrease in air quality due to wildland fire smoke in one or more States. The Governor, or other appropriate agency, of a State that is or will be affected by a significant decrease in air quality due to wildland fire smoke may also request a Presidential declaration. If the President declares a smoke emergency, the President, acting through the Federal Emergency Management Agency and other appropriate Federal agencies, may provide smoke emergency assistance to States and local communities that are or will be affected by the smoke emergency, including grants, equipment, supplies, and personnel and resources for establishing smoke shelters, air purifiers, and additional air monitoring sites. The Administrator of the Small Business Administration may provide grants to any small business concern, as defined in section 3 of the Small Business Act, that loses a significant amount of revenue due to wildland fire smoke in an area in which the President has declared a smoke emergency.

j) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following: "SMOKE EMERGENCY ASSISTANCE: If, for any fiscal year, appropriations for discretionary accounts are enacted that Congress designates as being for smoke emergency assistance in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for smoke emergency assistance. For purposes of this subparagraph, the term ‘smoke emergency assistance’ means assistance provided under a determination under section 2 of the Wildfire Smoke Emergency Declaration Act of 2019. Appropriations considered smoke emergency assistance under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (A) for the fiscal year.”.

Section V - Appropriations

a) For an additional amount for “Construction” and "Disaster Relief" for immediate relief efforts, flood control projects, and storm damage reduction projects in areas affected by flooding due to Hurricane Dorian and that have received a major disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, $1,000,000,000, to remain available through fiscal year 2022. This is provided that upon approval of the Committees on Appropriations of the House of Representatives and the Senate these funds may be used to construct any project by the Corps or affected States for aiding immediate disaster relief efforts, reducing flooding and storm damage risks in the designated areas, that the Secretary determines is urgent, technically feasible, economically justified, and environmentally acceptable. This is provided further that such relief costs and projects using these funds shall be at full Federal expense with respect to such funds. This is provided further that such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

b) For an additional amount for “Construction” and "Disaster Relief" for immediate relief efforts, flood control projects, and storm damage reduction projects in areas affected by flooding in any states within the United States Department of Agriculture's Natural Resources Conservation Service's classified Central Region or any state who has petitioned for support approved by the Administrator of the Federal Emergency Management Agency and that have received a major state or local disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, $1,500,000,000, to remain available through fiscal year 2022. This is provided that upon approval of the Committees on Appropriations of the House of Representatives and the Senate these funds may be used to construct any project by the Corps or affected States for aiding immediate disaster relief efforts, reducing flooding and storm damage risks in the designated areas, that the Secretary determines is urgent, technically feasible, economically justified, and environmentally acceptable. This is provided further that such relief costs and projects using these funds shall be at full Federal expense with respect to such funds. This is provided further that such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

c) Qualifying immediate relief efforts, flood control projects, and storm damage reduction projects as well as qualifying projects by the Corps or affected States for aiding immediate disaster relief efforts, reducing flooding and storm damage risks in the designated areas, that the Secretary determines is urgent, technically feasible, economically justified, and environmentally acceptable shall include the necessary implementation of Section II of this Act. In addition, for an additional amount for “Construction” and "Disaster Relief" for immediate relief efforts, flood control projects, and storm damage reduction projects in areas affected and qualifying to receive immediate, modified disaster relief or insurance pursuant to this Act, $750,000,000, to remain available annually through December 31, 2030. This is provided that upon approval of the Committees on Appropriations of the House of Representatives and the Senate these funds may be used to construct any project by the Corps or affected States for implementing this Act's immediate and retroactive parts in Section II. This is provided further that such relief costs and projects using these funds shall be at full Federal expense with respect to such funds. This is provided further that such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

d) For an additional amount for “Construction” and "Disaster Relief" for immediate relief efforts, wildfire control projects, related health risks, and fire damage reduction projects in areas affected by wildfires in any state under a current wildfire emergency declaration or any state who has petitioned for support approved by the Administrator of the Federal Emergency Management Agency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, $1,000,000,000 to remain available through fiscal year 2022, with $200,000,000 annually through 2030 for the necessary implementation of Section IV of this Act. This is provided that upon approval of the Committees on Appropriations of the House of Representatives and the Senate these funds may be used to construct any project by the Corps or affected States for aiding immediate disaster relief efforts, reducing wildfires, related health risks, and fire damage risks in the designated areas, that the Secretary determines is urgent, technically feasible, economically justified, and environmentally acceptable. This is provided further that such relief costs and projects using these funds shall be at full Federal expense with respect to such funds. This is provided further that such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.