[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5355 Failed Passage Senate (FPS)]
<DOC>
117th CONGRESS
2d Session
S. 5355
Making emergency supplemental appropriations for disaster relief for
the fiscal year ending September 30, 2023, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 22, 2022
Mr. Scott of Florida (for himself and Mr. Rubio) introduced the
following bill; which was read twice, considered, read the third time,
and failed of passage
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for disaster relief for
the fiscal year ending September 30, 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2023, and for
other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for ``Office of the Secretary'',
$3,741,715,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production losses of
crops (including milk, on-farm stored commodities, crops prevented from
planting in 2022, and harvested adulterated wine grapes), trees,
bushes, and vines, as a consequence of droughts, wildfires, hurricanes,
floods, derechos, excessive heat, tornadoes, winter storms, freeze,
including a polar vortex, smoke exposure, and excessive moisture
occurring in calendar year 2022 under such terms and conditions as
determined by the Secretary: Provided, That the Secretary may provide
assistance for such losses in the form of block grants to eligible
States and territories: Provided further, That of the amounts provided
under this heading in this Act, the Secretary shall use up to
$494,500,000 to provide assistance to producers of livestock, as
determined by the Secretary of Agriculture, for losses incurred during
calendar year 2022 due to hurricanes, drought, or wildfires: Provided
further, That the amount provided under this heading in this Act shall
be subject to the terms and conditions set forth in the first, second,
fourth through sixth, and eighth through twelfth provisos under this
heading in title I of the Disaster Relief Supplemental Appropriations
Act, 2022 (division B of Public Law 117-43), except that each reference
to 2020 or 2021 in such provisos in such Act shall be deemed to be a
reference instead to 2022.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$58,000,000, to remain available until expended.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $29,700,000, to remain available until expended.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
For an additional amount for ``Emergency Forest Restoration
Program'', $27,000,000, to remain available until expended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' for necessary expenses for the Emergency Watershed
Protection Program, $925,000,000, to remain available until expended.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing assistance grants
For an additional amount for ``Rural Housing Assistance Grants'',
$60,000,000, to remain available until expended, for necessary expenses
related to homes damaged by Presidentially declared disasters in
calendar year 2022: Provided, That 42 U.S.C. 1471(b)(3) shall not
apply: Provided further, That the income limit shall be capped at 80
percent of the area median income: Provided further, That,
notwithstanding section 1490m(c)(2) of such title, a grant made under
42 U.S.C. 1490m of such title using funds made available under this
heading in this Act, may not exceed $50,000.
rural community facilities program account
For an additional amount for ``Rural Community Facilities Program
Account'', $75,300,000, to remain available until expended: Provided,
That of the amounts provided under this heading in this Act,
$50,000,000 shall be for necessary expenses for grants to repair
essential community facilities damaged by Presidentially declared
disasters in calendar year 2022: Provided further, That the percentage
of the cost of the facility that may be covered by a grant pursuant to
the preceding proviso shall be 75 percent.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for ``Rural Water and Waste Disposal
Program Account'', $325,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading in this Act,
$265,000,000 shall be for necessary expenses related to water systems
damaged by Presidentially declared disasters in calendar year 2022:
Provided further, That, notwithstanding section 343(a)(13)(B) of the
Consolidated Farm and Rural Development Act, a grant using funds made
available pursuant to the preceding proviso may not be awarded to a
community with a population of more than 35,000 people: Provided
further, That not to exceed $8,000,000 of the amount made available
pursuant to the first proviso shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(22) of the
Consolidated Farm and Rural Development Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. In addition to other funds available for such purposes,
not more than three percent of the amounts provided in each account
under the ``Rural Development Programs'' heading in this title shall be
paid to the appropriation for ``Rural Development, Salaries and
Expenses'' for administrative costs to carry out the emergency rural
development programs in this title.
Sec. 102. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
funds made available for this purpose, there is appropriated, out of
any money in the Treasury not otherwise appropriated, $125,000,000, to
remain available until September 30, 2024, to offset the loss of
quarantine and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136, 136a): Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
sections 2508 and 2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f)
of the Homeland Security Act of 2002 (6 U.S.C. 231(f)).
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary expenses
related to flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major disaster
designation as a result of Hurricanes Ian and Fiona, and of wildfires,
flooding, and other natural disasters occurring in calendar years 2021
and 2022 under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $500,000,000, to remain
available until expended: Provided, That within the amount
appropriated under this heading in this Act, up to 3 percent of funds
may be transferred to the ``Salaries and Expenses'' account for
administration and oversight activities: Provided further, That the
Secretary of Commerce is authorized to appoint and fix the compensation
of such temporary personnel as may be necessary to implement the
requirements under this heading in this Act, without regard to the
provisions of title 5, United States Code, governing appointments in
competitive service: Provided further, That within the amount
appropriated under this heading in this Act, $2,000,000 shall be
transferred to the ``Office of Inspector General'' account for carrying
out investigations and audits related to the funding provided under
this heading in this Act.
For an additional amount for ``Economic Development Assistance
Programs'' for grants authorized by sections 28 and 29 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a and
3722b), $618,000,000, to remain available until expended, of which
$459,000,000 shall be for grants under section 28 and $159,000,000
shall be for grants under section 29 in amounts determined by the
Secretary.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical Research
and Services'' to investigate the impacts of hurricanes, typhoons, and
wildfires in calendar year 2022 to support the development of
resilience standards with regard to weather and climate disasters, in
addition to the underlying research to support those standards, and for
necessary expenses to carry out investigations of building failures
pursuant to the National Construction Safety Team Act of 2002 (15
U.S.C. 7301), $40,000,000, to remain available until expended.
industrial technology services
For an additional amount for ``Industrial Technology Services'',
$27,000,000, to remain available until expended, to implement the
Research and Development, Competition, and Innovation Act (division B
of Public Law 117-167), of which $13,000,000 shall be for the Hollings
Manufacturing Extension Partnership, and of which $14,000,000 shall be
for the Manufacturing USA Program.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
hurricanes, typhoons, flooding, and wildfires in calendar year 2022,
$29,000,000, to remain available until September 30, 2024, for repair
and replacement of observing assets, real property, and equipment; for
marine debris assessment and removal; and for mapping, charting, and
geodesy services.
For an additional amount for ``Operations, Research, and
Facilities'', $62,000,000, to remain available until September 30,
2024, of which $20,000,000, to remain available until expended, shall
be to carry out activities described in title II of division JJ of the
Consolidated Appropriations Act, 2023 to support the adoption of
innovative fishing gear deployment and fishing techniques to reduce
entanglement risk to North Atlantic right whales, including through
cooperative agreements pursuant to the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701).
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for the acquisition of hurricane hunter aircraft and
related expenses as authorized under section 413(a) of the Weather
Research and Forecasting Innovation Act of 2017 (Public Law 115-25),
$327,701,000, to remain available until expended.
For an additional amount for ``Procurement, Acquisition and
Construction'', $108,838,000, to remain available until September 30,
2025.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$300,000,000, to remain available until expended: Provided, That such
funds shall be used for mitigating the effects of commercial fishery
failures and fishery resource disasters declared by the Secretary of
Commerce.
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$182,000,000, to remain available until expended.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair and replacement of National
Aeronautics and Space Administration facilities damaged by Hurricanes
Ian and Nicole or scheduled for derating due to deterioration,
$189,400,000, to remain available until expended.
For an additional amount for ``Construction and Environmental
Compliance and Restoration'', $367,000,000, to remain available until
September 30, 2028.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities''
for necessary expenses related to damage to research facilities and
scientific equipment in calendar year 2022, including related to the
consequences of hurricanes or wildfires, $2,500,000, to remain
available until September 30, 2024.
For an additional amount for ``Research and Related Activities'',
$818,162,000, to remain available until September 30, 2024, of which
$210,000,000 shall be to implement the Research and Development,
Competition, and Innovation Act (division B of Public Law 117-167).
stem education
For an additional amount for ``STEM Education'', $217,000,000, to
remain available until September 30, 2024, of which $125,000,000 shall
be to implement the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167).
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of hurricanes, flooding, wildfires, and other extreme
weather that occurred during calendar year 2022, $20,000,000, to remain
available until September 30, 2023: Provided, That none of the funds
appropriated in this Act to the Legal Services Corporation shall be
expended for any purpose prohibited or limited by, or contrary to any
of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and conditions
set forth in such sections, except that all references in sections 502
and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and
2023, respectively, and except that sections 501 and 503 of Public Law
104-134 (referenced by Public Law 105-119) shall not apply to the
amount made available under this heading in this Act: Provided
further, That, for the purposes of this Act, the Legal Services
Corporation shall be considered an agency of the United States.
GENERAL PROVISION--THIS TITLE
Sec. 201. Unobligated balances from amounts made available in
paragraph (1) under the heading ``Procurement, Acquisition and
Construction'' in the Disaster Relief Supplemental Appropriations Act,
2022 (division B of Public Law 117-43) may be used for necessary
expenses related to the consequences of hurricanes or wildfires in
calendar year 2022: Provided, That amounts repurposed pursuant to this
section that were previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of such concurrent
resolution and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$82,875,000, to remain available until September 30, 2023, for
necessary expenses related to the consequences of Hurricanes Ian and
Fiona.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $6,786,000, to remain available until September 30, 2023,
for necessary expenses related to the consequences of Hurricanes Ian
and Fiona.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $16,572,000, to remain available until September 30,
2023, for necessary expenses related to the consequences of Hurricanes
Ian and Fiona.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and completion, of
flood and storm damage reduction, including shore protection, studies
that are currently authorized or that are authorized after the date of
enactment of this Act, to reduce risks from future floods and
hurricanes, at full Federal expense, $50,000,000, to remain available
until expended: Provided, That funds made available under this heading
in this Act shall be for high-priority studies of projects in States
and insular areas that were impacted by Hurricanes Ian, Fiona, and
Nicole: Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided under this heading in this Act, including a list of study
locations, new studies selected to be initiated, the total cost for all
studies, the remaining cost for all ongoing studies, and a schedule by
fiscal year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress: Provided further, That beginning not later than 60 days
after the enactment of this Act, the Assistant Secretary of the Army
for Civil Works shall provide a quarterly report directly to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of the funds provided
under this heading in this Act.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of Engineers
projects, construct Corps of Engineers projects, and rehabilitate and
repair damages caused by natural disasters to Corps of Engineers
projects, $261,300,000, to remain available until expended: Provided,
That funds made available in this paragraph in this Act are available
to construct flood and storm damage reduction, including shore
protection, projects which are currently authorized or which are
authorized after the date of enactment of this Act, and flood and storm
damage reduction, including shore protection, projects which have
signed Chief's Reports as of the date of enactment of this Act or which
are studied using funds provided under the heading ``Investigations''
of this Act if the Secretary determines such projects to be technically
feasible, economically justified, and environmentally acceptable, in
States and insular areas that were impacted by Hurricanes Ian, Fiona,
and Nicole: Provided further, That to the extent that ongoing
construction projects are constructed using funding pursuant to the
first proviso in this paragraph in this Act, such construction shall be
at full Federal expense: Provided further, That the Secretary may
initiate additional new construction starts with funds provided
pursuant to the first proviso in this paragraph in this Act: Provided
further, That using funds provided in this paragraph in this Act, the
non-Federal cash contribution for projects eligible for funding
pursuant to the first proviso in this paragraph in this Act shall be
financed in accordance with the provisions of section 103(k) of Public
Law 99-662 over a period of 30 years from the date of completion of the
project or separable element: Provided further, That funds made
available in this paragraph in this Act may be for ongoing projects
that have previously received funds under this heading in the Disaster
Relief Appropriations Act of 2013 (Public Law 113-2) and for which non-
Federal interests have entered into binding agreements with the
Secretary at the time of enactment of this Act: Provided further, That
projects receiving funds pursuant to the preceding proviso, shall be
subject to the terms and conditions of Disaster Relief Appropriations
Act of 2013 (Public Law 113-2): Provided further, That funds made
available in this paragraph in this Act may be for projects that have
previously received funds under this heading in the Bipartisan Budget
Act of 2018 (Public Law 115-123) and for which non-Federal interests
have entered into binding agreements with the Secretary at the time of
enactment of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the terms and
conditions of Bipartisan Budget Act of 2018 (Public Law 115-123):
Provided further, That funds made available in this paragraph in this
Act may be used for projects that have previously received funds under
this heading in the Disaster Relief Supplemental Appropriations Act of
2022 (Public Law 117-43) and for which non-Federal interests have
entered into binding agreements with the Secretary at the time of
enactment of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the terms and
conditions of Disaster Relief Supplemental Appropriations Act of 2022
(Public Law 117-43): Provided further, That construction of ongoing
projects that have previously received funds under this heading from
the Disaster Relief Supplemental Appropriations Act of 2022 (Public Law
117-43) to complete certain features, useful increments of work, or
components of the project shall be at full Federal expense with respect
to funds provided to the project under this heading in such Act or in
this paragraph in this Act: Provided further, That of the sums
appropriated in this paragraph in this Act, any sums as are necessary
to cover the Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be derived
from the Harbor Maintenance Trust Fund under section 101 or section 104
of the Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That for
projects receiving funding in this paragraph in this Act, the
limitation concerning total project costs in section 902 of the Water
Resources Development Act of 1986 (Public Law 99-662), as amended,
shall not apply to funds provided in this paragraph in this Act:
Provided further, That any projects using funds appropriated in this
paragraph in this Act shall be initiated only after non-Federal
interests have entered into binding agreements with the Secretary
requiring, where applicable, the non-Federal interests to pay 100
percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the United
States free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided further,
That within 60 days of enactment of this Act, the Chief of Engineers
shall submit directly to the House and Senate Committees on
Appropriations a detailed work plan for the funds provided in this
paragraph in this Act, including a list of project locations, new
construction projects selected to be initiated, the total cost for all
projects, and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act:
Provided further, That amounts repurposed pursuant to this paragraph
that were previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of such concurrent
resolution and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
For an additional amount for ``Construction'', $297,200,000, to
remain available until expended: Provided, That of the funds made
available in this paragraph in this Act, $45,000,000 shall be for flood
and storm damage reduction: Provided further, That of the funds made
available in this paragraph in this Act, $36,575,000 shall be for flood
control: Provided further, That of the funds made available in this
paragraph in this Act, for flood and storm damage reduction and flood
control, $43,650,000 shall be to continue construction of projects that
principally address drainage in urban areas: Provided further, That of
the funds made available in this paragraph in this Act, $36,575,000
shall be for shore protection: Provided further, That of the funds
made available in this paragraph in this Act, $113,550,000 shall be for
major rehabilitation, construction, and related activities for rivers
and harbors navigation projects, of which $10,000,000 shall be for
authorized reimbursements: Provided further, That of the sums
appropriated in this paragraph in this Act, any sums as are necessary
to cover the Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be derived
from the Harbor Maintenance Trust Fund under section 101 or section 104
of the Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That of the
funds made available in this paragraph in this Act, $19,000,000 shall
be for other authorized project purposes, of which up to $11,900,000
shall be for the execution of comprehensive restoration plans developed
by the Corps for major bodies of water: Provided further, That of the
funds made available in this paragraph in this Act, $28,500,000 shall
be for environmental restoration or compliance: Provided further, That
of the funds made available in this paragraph in this Act, $18,000,000
shall be for water-related environmental infrastructure assistance to
make environmentally sound repairs and upgrades to water
infrastructure: Provided further, That within 60 days of enactment of
this Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act, including a list of project
locations, the total cost for all projects, and a schedule by fiscal
year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for necessary expenses to address emergency situations at Corps of
Engineers projects in response to, and rehabilitate and repair damages
caused by natural disasters to Corps of Engineers projects,
$15,500,000, to remain available until expended: Provided, That of the
amount provided under this heading in this Act, such sums as are
necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and Senate
Committees on Appropriations a detailed work plan for the funds
provided under this heading in this Act: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided under this heading in this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused by
natural disasters, $324,000,000, to remain available until expended:
Provided, That of the amount provided in this paragraph in this Act,
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the general fund of the
Treasury: Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act.
For an additional amount for ``Operation and Maintenance'',
$52,800,000, to remain available until expended: Provided, That of the
amount provided in this paragraph in this Act, $36,000,000 shall be for
necessary expenses at inland waterways projects: Provided further,
That of the amount provided in this paragraph in this Act, $16,800,000
shall be for other authorized project purposes: Provided further, That
within 60 days of enactment of this Act, the Chief of Engineers shall
submit directly to the House and Senate Committees on Appropriations a
detailed work plan for the funds provided in this paragraph in this
Act, including a list of project locations, the total cost for all
projects, and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane, and other natural disasters and support emergency
operations, repairs, and other activities in response to such
disasters, as authorized by law, $519,200,000, to remain available
until expended: Provided, That funding provided under this heading in
this Act and utilized for authorized shore protection projects shall
restore such projects to the full project profile at full Federal
expense: Provided further, That beginning not later than 60 days after
the enactment of this Act, the Chief of Engineers shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these fund provided under this heading in this Act.
expenses
For an additional amount for ``Expenses'' for necessary expenses to
administer and oversee the obligation and expenditure of amounts
provided in this Act for the Corps of Engineers, $5,000,000, to remain
available until expended: Provided, That beginning not later than 60
days after the enactment of this Act, the Chief of Engineers shall
provide a quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these fund provided under this heading in this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity
For an additional amount for ``Electricity'', $1,000,000,000, to
remain available until expended, to carry out activities to improve the
resilience of the Puerto Rican electric grid, including grants for low
and moderate income households and households that include individuals
with disabilities for the purchase and installation of renewable
energy, energy storage, and other grid technologies: Provided, That
the Department of Energy shall coordinate with the Federal Emergency
Management Agency and the Department of Housing and Urban Development
on these activities.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For an additional amount for ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'',
$520,000,000, to remain available until expended, for the purchase of
power and transmission services: Provided, That the amount made
available under this heading in this Act shall be derived from the
general fund of the Treasury and shall be reimbursable from amounts
collected by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to
recover purchase power and wheeling expenses: Provided further, That
of the amount made available under this heading in this Act, up to
$100,000,000 may be transferred to Western Area Power Administration's
Colorado River Basins Power Marketing Fund account to be used for the
same purposes as outlined under this heading.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $36,788,390, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Ian, for repair and
alteration of buildings under the jurisdiction, custody and control of
the Administrator of General Services, and real property management and
related activities not otherwise provided for: Provided, That the
amount provided under this heading in this Act may be used to reimburse
the Fund for obligations incurred for this purpose prior to the date of
the enactment of this Act.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, $858,000,000, to remain available until expended, of
which $8,000,000 shall be transferred to and merged with ``Office of
Inspector General'' for audits and reviews of disaster loans and the
disaster loans programs; and of which $850,000,000 may be transferred
to and merged with ``Salaries and Expenses'' for administrative
expenses to carry out the disaster loan program or any disaster loan
authorized by section 7(b) of the Small Business Act.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$39,250,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Fiona and
Ian.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $115,500,000, to remain available until September 30,
2027, for necessary expenses related to the consequences of Hurricanes
Fiona and Ian.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$5,000,000,000, to remain available until expended, for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), of which $13,000,000
shall be transferred to ``Office of the Inspector General--Operations
and Support'' for audits and investigations of activities funded under
this heading.
hermit's peak/calf canyon fire assistance account
(including transfer of funds)
For an additional amount for ``Hermit's Peak/Calf Canyon Fire
Assistance Account'', $1,450,000,000, to remain available until
expended, to carry out the Hermit's Peak/Calf Canyon Fire Assistance
Act, of which $1,000,000 shall be transferred to ``Office of the
Inspector General--Operations and Support'' for oversight of activities
authorized by the Hermit's Peak/Calf Canyon Fire Assistance Act:
Provided, That the amounts provided under this heading in this Act
shall be subject to the reporting requirement in the third proviso of
section 136 of the Continuing Appropriations Act, 2023 (division A of
Public Law 117-180).
GENERAL PROVISIONS--THIS TITLE
Sec. 601. Notwithstanding sections 104(c) and (d) of the Hermit's
Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117-
180), the Federal Emergency Management Agency may compensate for the
replacement of water treatment facilities, to the extent necessitated
by the Hermit's Peak/Calf Canyon Fire, in lieu of compensating for
temporary injury, in an amount not to exceed $140,000,000 from funds
made available under the heading ``Hermit's Peak/Calf Canyon Fire
Assistance Account'' in this Act or in section 136 of the Continuing
Appropriations Act, 2023 (division A of Public Law 117-180).
Sec. 602. For necessary expenses related to providing customs and
immigration inspection and pre-inspection services at, or in support of
ports of entry, pursuant to section 1356 of title 8, United States
Code, and section 58c(f) of title 19, United States Code, and in
addition to any other funds made available for this purpose, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $309,000,000, to offset the loss of Immigration User Fee
receipts collected pursuant to section 286(h) of the Immigration and
Nationality Act (8 U.S.C. 1356(h)), and fees for certain customs
services collected pursuant to paragraphs (1) through (8) and paragraph
(10) of subsection (a) of section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and
(a)(10)).
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $247,000,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023, including winter storm
damages at Midway Atoll National Wildlife Refuge.
National Park Service
construction
For an additional amount for ``Construction'', $1,500,000,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $41,040,000, to remain available until expended, for
necessary expenses related to the consequences of wildfires,
hurricanes, and other natural disasters occurring in and prior to
calendar year 2023.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$44,500,000, to remain available until expended, for necessary expenses
related to the consequences of wildfires, hurricanes, and other natural
disasters occurring in and prior to calendar year 2023.
construction
For an additional amount for ``Construction'', $2,500,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023.
Bureau of Indian Education
education construction
For an additional amount for ``Education Construction'',
$90,465,000, to remain available until expended, for necessary expenses
related to the consequences of flooding at the To'Hajiilee Community
School.
Departmental Offices
Department-Wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$75,000,000, to remain available until expended, for wildland fire
suppression activities.
For an additional amount for ``Wildland Fire Management'',
$429,000,000, to remain available until expended: Provided, That of
the funds provided under this paragraph in this Act, $383,657,000 shall
be available for wildfire suppression operations, and is provided to
meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in this Act,
$45,343,000 shall be available for fire preparedness.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage Tank
Trust Fund Program'', $1,000,000, to remain available until expended,
for necessary expenses related to the consequences of Hurricanes Fiona
and Ian.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $1,067,210,000, to remain available until expended, of which
$665,210,000 shall be for capitalization grants for the Clean Water
State Revolving Funds under title VI of the Federal Water Pollution
Control Act, and of which $402,000,000 shall be for capitalization
grants under section 1452 of the Safe Drinking Water Act: Provided,
That notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act,
funds appropriated under this paragraph in this Act shall be provided
to States or Territories in EPA Regions 2 and 4 in amounts determined
by the Administrator for wastewater treatment works and drinking water
facilities impacted by Hurricanes Fiona and Ian: Provided further,
That States or Territories shall prioritize funds, as appropriate, to
Tribes and disadvantaged communities: Provided further, That
notwithstanding the requirements of section 603(i) of the Federal Water
Pollution Control Act and section 1452(d) of the Safe Drinking Water
Act, for the funds appropriated under this paragraph in this Act, each
State shall use 100 percent of the amount of its capitalization grants
to provide additional subsidization to eligible recipients in the form
of forgiveness of principal, negative interest loans or grants, or any
combination of these: Provided further, That the funds appropriated
under this paragraph in this Act shall be used for eligible projects
whose purpose is to reduce flood or fire damage risk and vulnerability
or to enhance resiliency to rapid hydrologic change or natural disaster
at treatment works, as defined by section 212 of the Federal Water
Pollution Control Act, or any eligible facilities under section 1452 of
the Safe Drinking Water Act, and for other eligible tasks at such
treatment works or facilities necessary to further such purposes:
Provided further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
funds provided under this paragraph in this Act shall not be subject to
the matching or cost share requirements of sections 602(b)(2),
602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided
further, That the Administrator of the Environmental Protection Agency
may retain up to $1,000,000 of the funds appropriated under this
paragraph in this Act for management and oversight.
For an additional amount for ``State and Tribal Assistance
Grants'', $150,000,000, to remain available until expended, for
technical assistance and grants under section 1442(b) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(b)) in areas where the President
declared an emergency in August of fiscal year 2022 pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That the Administrator of the
Environmental Protection Agency may retain up to three percent of the
amounts made available under this paragraph in this Act for salaries,
expenses, and administration: Provided further, That the agency shall
submit an annual report to the Committees on Appropriations until all
funds have been obligated, with a status on the use of funds for this
effort.
For an additional amount for ``State and Tribal Assistance
Grants'', $450,000,000, to remain available until expended, for
capitalization grants under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12): Provided, That notwithstanding section
1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under
this paragraph in this Act shall be provided to States or Territories
in EPA Region 4 in amounts determined by the Administrator in areas
where there the President declared an emergency in August of fiscal
year 2022 pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further,
That notwithstanding the requirements of section 1452(d) of the Safe
Drinking Water Act, for the funds appropriated under this paragraph in
this Act, each State shall use 100 percent of the amount of its
capitalization grants to provide additional subsidization to eligible
recipients in the form of forgiveness of principal, grants, negative
interest loans, other loan forgiveness, and through buying,
refinancing, or restructuring debt or any combination thereof:
Provided further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
the Administrator of the Environmental Protection Agency may retain up
to $1,000,000 of the funds appropriated under this paragraph in this
Act for management and oversight.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$2,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2020, 2021, and 2022
wildfires, hurricanes, and other natural disasters.
state and private forestry
For an additional amount for ``State and Private Forestry'',
$148,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020, 2021, and
2022 wildfires, hurricanes, and other natural disasters: Provided,
That of the amounts made available under this heading in this Act, up
to $20,000,000 is for grants to states to support economic recovery
activities in communities damaged by hurricanes or wildfire: Provided
further, That of the amounts made available under this heading in this
Act, no less than $100,000,000 is for cooperative lands forest
management activities.
national forest system
For an additional amount for ``National Forest System'',
$210,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020, 2021, and
2022 wildfires, hurricanes, and other natural disasters, including for
high priority post-hurricane or post-wildfire restoration for watershed
protection, public access and critical habitat, hazardous fuels
mitigation for community protection, and burned area recovery.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $150,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2020,
2021, and 2022 wildfires, hurricanes, and other natural disasters.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$375,000,000, to remain available until expended, for wildland fire
suppression activities.
For an additional amount for ``Wildland Fire Management'',
$1,171,000,000, to remain available until expended: Provided, That of
the funds provided under this paragraph in this Act, $1,011,000,000
shall be available for wildfire suppression operations, and is provided
to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in this Act,
$160,000,000 shall be available for forest fire presuppression.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $86,000,000, to remain available until September 30, 2024,
for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian: Provided, That funds appropriated under this
heading in this Act may be made available to restore amounts, either
directly or through reimbursement, for obligations incurred for such
purposes, prior to the date of enactment of this Act.
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of Environmental
Health Sciences'', $2,500,000, to remain available until expended, for
necessary expenses in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986 related to the
consequences of major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in 2022.
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$25,000,000, to remain available until September 30, 2024, for
necessary expenses directly related to the consequences of Hurricanes
Fiona and Ian: Provided, That funds appropriated under this heading in
this Act may be made available to restore amounts, either directly or
through reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act: Provided further, That
funds appropriated under this heading in this Act may be transferred to
the accounts of Institutes and Centers of the National Institutes of
Health (NIH): Provided further, That this transfer authority is in
addition to any other transfer authority available to the NIH.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$1,000,000,000, to remain available until September 30, 2023, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided,
That of the funds made available under this heading in this Act,
$500,000,000 shall be allocated as though the total appropriation for
such payments for fiscal year 2023 was less than $1,975,000,000.
For an additional amount for ``Low Income Home Energy Assistance'',
$2,500,000,000, to remain available until September 30, 2023, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the Child
Care and Development Block Grant'', $100,000,000, to remain available
through September 30, 2024, for necessary expenses directly related to
the consequences of Hurricanes Fiona and Ian, including activities
authorized under section 319(a) of the Public Health Service Act:
Provided, That the Secretary shall allocate such funds to States,
Territories, and tribes based on assessed need notwithstanding sections
658J and 658O of the Child Care and Development Block Grant Act of
1990: Provided further, That not to exceed 2 percent of funds
appropriated under this heading in this Act may be reserved, to remain
available until expended, for Federal administration costs: Provided
further, That such funds may be used for alteration, renovation,
construction, equipment, and other capital improvement costs, including
for child care facilities without regard to section 658F(b) of such
Act, and for other expenditures related to child care, as necessary to
meet the needs of areas affected by Hurricanes Fiona and Ian: Provided
further, That funds made available under this heading in this Act may
be used without regard to section 658G of such Act and with amounts
allocated for such purposes excluded from the calculation of
percentages under subsection 658E(c)(3) of such Act: Provided further,
That notwithstanding section 658J(c) of such Act, funds allotted to a
State may be obligated by the State in that fiscal year or the
succeeding three fiscal years: Provided further, That Federal interest
provisions will not apply to the renovation or construction of
privately-owned family child care homes, and the Secretary shall
develop parameters on the use of funds for family child care homes:
Provided further, That the Secretary shall not retain Federal interest
after a period of 10 years (from the date on which the funds are made
available to purchase or improve the property) in any facility
renovated or constructed with funds made available under this heading
in this Act: Provided further, That funds made available under this
heading in this Act shall not be available for costs that are
reimbursed by the Federal Emergency Management Agency, under a contract
for insurance, or by self-insurance: Provided further, That funds
appropriated under this heading in this Act may be made available to
restore amounts, either directly or through reimbursement, for
obligations incurred for such purposes, prior to the date of enactment
of this Act.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $408,000,000, to remain available until September 30, 2027,
for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act: Provided, That $345,000,000
of the amount provided under this heading in this Act shall be for Head
Start programs, including making payments under the Head Start Act:
Provided further, That none of funds made available in the preceding
proviso shall be included in the calculation of the ``base grant'' in
subsequent fiscal years, as such term is defined in sections
640(a)(7)(A) of the Head Start Act: Provided further, That funds made
available in first proviso are not subject to the allocation
requirements of section 640(a) of the Head Start Act or the matching
requirements of section 640(b) of such Act: Provided further, That
$10,000,000 of the amount provided under this heading in this Act shall
be for payments to States, Territories, and tribes for activities
authorized under subpart 1 of part B of title IV of the Social Security
Act, with such funds allocated based on assessed need notwithstanding
section 423 of such Act and paid without regard to percentage
limitations in subsections (a), (c), or (e) in section 424 of such Act:
Provided further, That $10,000,000 of the amount provided under this
heading in this Act shall be for payments to States, Territories,
tribes, and coalitions for carrying out sections 303(a) and 303(b) of
the Family Violence Prevention and Services Act, notwithstanding the
matching requirements in section 306(c)(4) of such Act and allocated
based on assessed need, notwithstanding section 303(a)(2) of such Act:
Provided further, That the Secretary may make funds made available
under the preceding proviso available for providing temporary housing
and assistance to victims of family, domestic, and dating violence:
Provided further, That funds made available by the fifth proviso shall
be available for expenditure, by a State, Territory, tribe, coalition,
or any recipient of funds from a grant, through the end of fiscal year
2027: Provided further, That $25,000,000 of the amount made available
under this heading in this Act shall be for payments to States,
territories, and tribes authorized under the Community Services Block
Grant Act, with such funds allocated based on assessed need,
notwithstanding sections 674(b), 675A, and 675B of such Act: Provided
further, That notwithstanding section 676(b)(8) of the Community
Services Block Grant Act, each State, Territory, or tribe receiving
funds made available under the preceding proviso may allocate funds to
eligible entities based on assessed need: Provided further, That for
services furnished under the CSBG Act with funds appropriated under
this heading in this Act, a State, territory or tribe that receives a
supplemental grant award may apply the last sentence of section 673(2)
of the CSBG Act by substituting ``200 percent'' for ``125 percent'':
Provided further, That funds made available under this heading in this
Act may be used for alteration, renovation, construction, equipment,
and other capital improvement costs as necessary to meet the needs of
areas affected by Hurricanes Fiona and Ian: Provided further, That the
Secretary shall not retain Federal interest after a period of 10 years
(from the date on which the funds are made available to purchase or
improve the property) in any facility renovated, repaired, or rebuilt
with funds appropriated under this heading in this Act, with the
exception of funds appropriated for Head Start programs: Provided
further, That funds made available under this heading in this Act shall
not be available for costs that are reimbursed by the Federal Emergency
Management Agency, under a contract for insurance, or by self-
insurance: Provided further, That up to $18,000,000, to remain
available until expended, shall be available for Federal administrative
expenses: Provided further, That funds appropriated under this heading
in this Act may be made available to restore amounts, either directly
or through reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $128,792,000, to remain available until September 30,
2024, for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act (referred to under this heading
as the ``PHS Act''): Provided, That funds made available under this
heading in this Act may be used for alteration, renovation,
construction, equipment, and other capital improvement costs as
necessary to meet the needs of areas affected by Hurricanes Fiona and
Ian: Provided further, That funds made available under this heading in
this Act may be used for the purchase or hire of vehicles: Provided
further, That of the amount made available under this heading in this
Act, $65,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'' for expenses directly
related to a disaster or emergency for disaster response and recovery,
for the Health Centers Program under section 330 of the PHS Act,
including alteration, renovation, construction, equipment, and other
capital improvement costs as necessary to meet the needs of areas
affected by a disaster or emergency: Provided further, That the time
limitation in section 330(e)(3) of the PHS Act shall not apply to funds
made available under the preceding proviso: Provided further, That of
the amount made available under this heading in this Act, not less than
$22,000,000 shall be transferred to ``Substance Abuse and Mental Health
Services Administration--Health Surveillance and Program Support'' for
grants, contracts, and cooperative agreements for behavioral health
treatment (including screening and diagnosis), treatment of substance
use disorders (including screening and diagnosis), crisis counseling,
and other related helplines, and for other similar programs to provide
support to individuals impacted by a disaster or emergency: Provided
further, That of the amount made available under this heading in this
Act, not less than $15,000,000 shall be transferred to ``Administration
for Community Living--Aging and Disability Services Programs'' for
necessary expenses directly related to the consequences of Hurricanes
Fiona and Ian: Provided further, That funds made available under the
preceding proviso are not subject to the allotment, reservation,
matching, or application and State and area requirements of the Older
Americans Act of 1965 and Rehabilitation Act of 1973: Provided
further, That of the amount made available under this heading in this
Act, not less than $392,000 shall be transferred to ``Food and Drug
Administration--Buildings and Facilities'' for costs related to repair
of facilities, for replacement of equipment, and for other increases in
facility-related costs due to the consequences of Hurricanes Fiona and
Ian: Provided further, That of the amount made available under this
heading in this Act, up to $2,000,000, to remain available until
expended, shall be transferred to ``Office of the Secretary--Office of
Inspector General'' for oversight of activities responding to such
disasters or emergencies.
GENERAL PROVISIONS--THIS TITLE
Sec. 801. (a) In General.--As the Secretary of Health and Human
Services determines necessary to respond to a critical hiring need for
emergency response positions, after providing public notice and without
regard to the provisions of sections 3309 through 3319 of title 5,
United States Code, the Secretary may appoint candidates directly to
the following positions, consistent with subsection (b), to perform
critical work directly relating to the consequences of Hurricanes Fiona
and Ian:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the Centers for
Disease Control and Prevention and the Office of the Assistant
Secretary for Preparedness and Response.
(b) Expiration.--The authority under subsection (a) shall expire
270 days after the date of enactment of this section.
Sec. 802. 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 anticipated use of funds
made available in this title, and submitted to the Committees on
Appropriations biweekly until all such funds are expended.
TITLE IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $41,040,000, to remain available until September 30,
2025, for necessary expenses related to the consequences of Hurricanes
Ian and Fiona: Provided, That, not later than 60 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds provided
under this heading in this Act: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$803,000,000, to remain available until expended: Provided, That
notwithstanding subsection (e) of section 120 of title 23, United
States Code, for this fiscal year and hereafter, the Federal share for
Emergency Relief funds made available under section 125 of such title
to respond to damage caused by Hurricane Fiona, shall be 100 percent.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for ``Public Transportation Emergency
Relief Program'' as authorized under section 5324 of title 49, United
States Code, $213,905,338, to remain available until expended, for
transit systems affected by major declared disasters occurring in
calendar years 2017, 2020, 2021, and 2022: Provided, That not more
than three-quarters of 1 percent of the funds for public transportation
emergency relief shall be available for administrative expenses and
ongoing program management oversight as authorized under sections 5334
and 5338(c)(2) of such title and shall be in addition to any other
appropriations for such purpose.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'',
$2,653,580,000, to remain available until expended, for activities
specified in paragraph (1) (excluding any set-asides) of such heading
in title II of division L of this consolidated Act.
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$3,000,000,000, to remain available until expended, for the same
purposes and under the same terms and conditions as funds appropriated
under such heading in title VIII of the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43), except that
such amounts shall be for major disasters that occurred in 2022 or
later until such funds are fully allocated and the fourth, twentieth,
and twenty-first provisos under such heading in such Act shall not
apply: Provided, That amounts made available under this heading in
this Act and under such heading in such Act may be used by a grantee to
assist utilities as part of a disaster-related eligible activity under
section 105(a) of the Housing and Community Development Act of 1974 (42
U.S.C. 5305(a)): Provided further, That of the amounts made available
under this heading in this Act, up to $10,000,000 shall be made
available for capacity building and technical assistance, including
assistance on contracting and procurement processes, to support States,
units of general local government, or Indian tribes (and their
subrecipients) that receive allocations related to major disasters
under this heading in this, prior, or future Acts: Provided further,
That of the amounts made available under this heading in this Act, up
to $5,000,000 shall be transferred to ``Department of Housing and Urban
Development--Program Office Salaries and Expenses--Community Planning
and Development'' for necessary costs, including information technology
costs, of administering and overseeing the obligation and expenditure
of amounts made available under this heading in this Act or any prior
or future Act that makes amounts available for purposes related to
major disasters under such heading: Provided further, That the amount
specified in the preceding proviso shall be combined with funds
appropriated under this same heading for this same purpose in any prior
Acts and the aggregate of such amounts shall be available for the costs
of administering and overseeing any funds appropriated to the
Department related to major disasters in this, prior, or future Acts,
notwithstanding the purposes for which such funds were appropriated:
Provided further, That of the amounts made available under this heading
in this Act, up to $5,000,000 shall be transferred to ``Department of
Housing and Urban Development--Office of the Inspector General'' for
necessary costs of overseeing and auditing amounts made available under
this heading in this Act or any prior or future Act that makes amounts
available for purposes related to major disasters under such heading:
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 or a concurrent resolution on the budget are designated by the
Congress as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June 8,
2022.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental Assistance'',
$969,420,000, to remain available until expended.
TITLE XI
GENERAL PROVISIONS--THIS ACT
Sec. 1101. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1102. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 1103. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 1104. Each amount provided by this Act is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This Act may be cited as the ``Disaster Relief Supplemental
Appropriations Act, 2023''.
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