S.Amdt. 244Senate116th Congress (2019-2021)2nd degree
S.Amdt. 244
Sponsored by
Sen. Tim Scott (R-SC)
Submitted April 1, 2019
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Senate amendment submitted
April 1, 2019
Text
Submitted
SA 244. Mr. SCOTT of South Carolina (for himself and Mr. Graham) submitted an amendment intended to be proposed to amendment SA 201 proposed by Mr. Shelby to the bill H.R. 268, making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. REPLACEMENT OF RURAL MEDICAL FACILITIES IMPACTED BY MAJOR DISASTERS. (a) 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) Resiliency Standards.--A permanent replacement facility provided for under this section shall meet-- (1) 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) any relevant consensus-based codes, specifications, and standards. (c) 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) 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) Definition of Eligible Rural Medical Facility.--In this section, the term ``eligible rural medical facility'' means a private nonprofit hospital facility-- (1) located in a county with a population below 40,000, as determined by the most recent decennial census; (2) 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) that was closed following damage sustained during a major disaster and remains closed as of the date of enactment of this Act. SEC. __. RESTORING CRITICAL WATER SUPPLY INFRASTRUCTURE. (a) 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) Contribution.--Each contribution provided for improvements to an eligible hydroelectric facility under subsection (a) shall be sufficient to-- (1) 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) restore all other water-control and retaining structures to meet all applicable such Engineering Guidelines; and (3) provide for either-- [[Page S2159]] (A) the restoration of the eligible hydroelectric facility to full operation of its function as a primary water source and hydroelectric power supply; or (B) 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) Alternative Contribution.--A contribution may cover the establishment of an alternative primary water source under subsection (b)(3)(B) only if-- (1) the water source could provide redundancy to the water supply provided by an eligible hydroelectric facility; (2) the water source is approved by any applicable regulatory agencies; and (3) 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) 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) Definition of Eligible Hydroelectric Facility.--In this section, the term ``eligible hydroelectric facility'' means a hydroelectric facility that-- (1) is part of a system that provides the primary water source for more than 200,000 people; (2) 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) 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) 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. ______