[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 116 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 116
To amend the Disaster Relief Supplemental Appropriations Act, 2023 to
improve disaster relief funding, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Appropriations
_______________________________________________________________________
A BILL
To amend the Disaster Relief Supplemental Appropriations Act, 2023 to
improve disaster relief funding, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Hurricanes of 2022 Disaster
Relief Rectification Act''.
SEC. 2. DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
AMENDMENTS.
(a) Department of Agriculture.--Title I of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328), is amended, in the matter under the heading ``Office of the
Secretary'' under the heading ``Processing, Research and Marketing''
under the heading ``AGRICULTURAL PROGRAMS'' under the heading
``DEPARTMENT OF AGRICULTURE'' , by inserting ``: Provided further, That
the Secretary of Agriculture may provide assistance for losses
described under this heading in this Act in the form of block grants to
eligible States and territories'' before the period at the end.
(b) Fisheries Disaster Assistance.--Title II of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328) is amended in the matter under the heading ``fisheries disaster
assistance'' under the heading ``National Oceanic and Atmospheric
Administration'' under the heading ``DEPARTMENT OF COMMERCE'' by
inserting ``: Provided further, That the Secretary may use such funds
to provide assistance in the form of block grants to States and
territories impacted by Hurricanes Fiona, Ian, and Nicole'' before the
period at the end.
(c) National Aeronautics and Space Administration.--Title II of the
Disaster Relief Supplemental Appropriations Act, 2023 (division N of
Public Law 117-328) is amended, in the matter under the heading
``construction and environmental compliance and restoration'' under the
heading ``National Aeronautics and Space Administration'' under the
heading ``SCIENCE'', by striking ``For an additional amount for
`Construction and Environmental Compliance and Restoration',
$367,000,000, to remain available until September 30, 2028.'' and
inserting ``For an additional amount for `Construction and
Environmental Compliance and Restoration' for environmental
improvements, ecosystem restoration, and hurricane risk reduction
improvements at National Aeronautics and Space Administration
facilities damaged by Hurricanes Ian and Nicole, $367,000,000, to
remain available until September 30, 2028: Provided, That the
Administrator of the National Aeronautics and Space Administration may
enter into cooperative agreements with the managers of Federal land
bordering such facilities, including estuaries designated under section
320 of the Federal Water Pollution Control Act (33 U.S.C. 1330), to
advance such efforts.''.
(d) Rescission of National Science Foundation Funds.--
(1) Research and related activities.--Of the unobligated
balances of amounts made available for ``Research and Related
Activities'', under the heading ``National Science Foundation''
under title II of the Disaster Relief Supplemental
Appropriations Act, 2023 (division N of Public Law 117-328),
$818,162,000 are rescinded.
(2) STEM education.--Of the unobligated balances of amounts
made available for ``STEM Education'', under the heading
``National Science Foundation'' under title II of the Disaster
Relief Supplemental Appropriations Act, 2023 (division N of
Public Law 117-328), $217,000,000 are rescinded.
(e) Department of the Interior.--Title VII of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328), is amended--
(1) in the matter under the heading ``construction'' under
the heading ``United States Fish and Wildlife Service'' under
the heading ``DEPARTMENT OF THE INTERIOR'', by striking
``2023'' and inserting ``2022'';
(2) in the matter under the heading ``construction'' under
the heading ``National Park Service'' under the heading
``DEPARTMENT OF THE INTERIOR'', by striking ``2023'' and
inserting ``2022'';
(3) in the matter under the heading ``surveys,
investigations, and research'' under the heading ``United
States Geological Survey'' under the heading ``DEPARTMENT OF
THE INTERIOR'', by striking ``2023'' and inserting ``2022'';
(4) in the matter under the heading ``operation of indian
programs'' under the heading ``Bureau of Indian Affairs'' under
the heading ``Indian Affairs'' under the heading ``DEPARTMENT
OF THE INTERIOR'', by striking ``2023'' and inserting ``2022'';
and
(5) in the matter under the heading ``construction'' under
the heading ``Bureau of Indian Affairs'' under the heading
``Indian Affairs'' under the heading ``DEPARTMENT OF THE
INTERIOR'', by striking ``2023'' and inserting ``2022''.
(f) State and Tribal Assistance Grants.--The first paragraph under
the heading ``State and Tribal Assistance Grants'' under the heading
``ENVIRONMENTAL PROTECTION AGENCY'' in title VII of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328), is amended, in the third proviso, by striking ``shall use'' and
inserting ``may use up to''.
SEC. 3. APPROPRIATION OF RESCINDED FUNDS.
(a) Department of Agriculture.--
(1) Agricultural land easements.--There is appropriated to
the Secretary of Agriculture, out of any amounts in the
Treasury not otherwise appropriated, $200,000,000, to remain
available until expended, for the acquisition of agricultural
land easements under subtitle H of the Food Security Act of
1985 (16 U.S.C. 3865 et seq.) in a State impacted by Hurricane
Fiona, Hurricane Ian, or Hurricane Nicole.
(2) Emergency watershed program.--
(A) In general.--There is appropriated to the
Secretary of Agriculture, out of any amounts in the
Treasury not otherwise appropriated, $110,000,000, to
remain available until expended, to undertake emergency
watershed protection measures under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) in a
State impacted by Hurricane Fiona, Hurricane Ian, or
Hurricane Nicole.
(B) Coastal flood risk reduction.--The Secretary of
Agriculture may use amounts appropriated by
subparagraph (A) to reduce flood risk in a coastal
community by removing sediment or other impediments
from a canal or canal system.
(b) Department of Commerce.--
(1) Operations, research, and facilities of the national
oceanic and atmospheric administration.--In addition to amounts
otherwise available, there is appropriated to the National
Oceanic and Atmospheric Administration for fiscal year 2023,
out of any money in the Treasury not otherwise appropriated,
$30,000,000, to remain available until expended, for
``Operations, Research, and Facilities'' for--
(A) expenses related to the consequences of
Hurricanes Fiona, Ian, and Nicole; and
(B) to improve hurricane intensity and storm surge
forecasting and mitigation, including through ocean
observing platforms and storm surge gauges.
(2) Coastal and estuarine land conservation program.--In
addition to amounts otherwise available, there is appropriated
to the Department of Commerce for fiscal year 2023, out of any
money in the Treasury not otherwise appropriated, $30,162,000,
to remain available until expended, to conduct the Coastal and
Estuarine Land Conservation Program under section 307A of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456-1) with
respect to States impacted by Hurricanes Fiona, Ian, and
Nicole.
(3) Marine debris assessment and removal and ecosystem
restoration.--In addition to amounts otherwise available, there
is appropriated to the Department of Commerce for fiscal year
2023, out of any money in the Treasury not otherwise
appropriated, $40,000,000, to remain available until expended,
for marine debris assessment and removal and marine and
estuarine ecosystem restoration monitoring efforts in States
impacted by Hurricanes Fiona, Ian, and Nicole.
(c) Corps of Engineers.--
(1) Investigations.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
the Army, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain
available until expended, for necessary expenses
related to the completion, or initiation and
completion, of high priority flood and storm damage
reduction, including shore protection, studies that are
authorized before, on, or after the date of enactment
of this Act in States and insular areas that were
impacted by Hurricane Fiona, Hurricane Ian, or
Hurricane Nicole, to reduce risks from future floods
and hurricanes.
(B) Cost share.--The Federal share of the cost of a
study carried out with amounts made available under
this paragraph shall be 100 percent.
(C) Work plan; reporting.--
(i) Work plan.--Not later than 60 days
after the date of enactment of this Act, the
Chief of Engineers shall submit to the
Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives a detailed work plan for the
funds provided under this paragraph,
including--
(I) a list of study locations;
(II) a list of new studies selected
to be initiated;
(III) the total cost for all
studies;
(IV) the remaining cost for all
ongoing studies; and
(V) a schedule by fiscal year of
proposed use of those funds.
(ii) No deviation.--The Secretary of the
Army shall not deviate from the work plan once
the plan has been submitted to the Committee on
Appropriations of the Senate and the Committee
on Appropriations of the House of
Representatives under clause (i).
(iii) Reporting.--Beginning not later than
60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report to
the Committee on Appropriations of the Senate
and the Committee on Appropriations of the
House of Representatives detailing the
allocation and obligation of the funds provided
under this paragraph.
(2) Construction.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
the Army, out of any money in the Treasury not
otherwise appropriated, $300,000,000, to remain
available until expended, to construct--
(i) priority flood and storm damage
reduction, including shore protection, projects
that are authorized before, on, or after the
date of enactment of this Act; and
(ii) flood and storm damage reduction,
including shore protection, projects that--
(I) have signed Chief's Reports as
of the date of enactment of this Act;
or
(II) are studied using funds made
available under paragraph (1), if the
Secretary of the Army determines the
project to be technically feasible,
economically justified, and
environmentally acceptable, in States
and insular areas that were impacted by
Hurricane Ian, Hurricane Fiona, or
Hurricane Nicole.
(B) New starts.--The Secretary of the Army may
initiate additional new construction starts with
amounts made available under this paragraph.
(C) Work plan; reporting.--
(i) Work plan.--Not later than 60 days
after the date of enactment of this Act, the
Chief of Engineers shall submit to the
Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives a detailed work plan for the
funds provided under this paragraph,
including--
(I) a list of study locations;
(II) a list of new studies selected
to be initiated;
(III) the total cost for all
studies;
(IV) the remaining cost for all
ongoing studies; and
(V) a schedule by fiscal year of
proposed use of those funds.
(ii) No deviation.--The Secretary of the
Army shall not deviate from the work plan once
the plan has been submitted to the Committee on
Appropriations of the Senate and the Committee
on Appropriations of the House of
Representatives under clause (i).
(iii) Reporting.--Beginning not later than
60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report to
the Committee on Appropriations of the Senate
and the Committee on Appropriations of the
House of Representatives detailing the
allocation and obligation of the funds provided
under this paragraph.
(3) Flood control and coastal emergencies.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
the Army, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain
available until expended, for flood control and coastal
emergencies as authorized by section 5 of the Act of
August 18, 1941 (commonly known as the ``Flood Control
Act of 1941'') (55 Stat. 650, chapter 377; 33 U.S.C.
701n), in States and insular areas that were impacted
by Hurricane Ian, Hurricane Fiona, or Hurricane Nicole,
including for necessary expenses to prepare for floods,
hurricanes, and natural disasters, and to support
emergency operations, repairs, and other activities in
response to those disasters as authorized by law.
(B) Full shoreline project profile restoration.--
Amounts made available under this paragraph that are
used for authorized shore protection projects shall
restore those projects to the full project profile at
full Federal expense.
(C) Reporting.--Beginning not later than 60 days
after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide to
the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of
Representatives a quarterly report detailing the
allocation and obligation of the amounts made available
under this paragraph.
(d) National Park Service.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the Interior for
fiscal year 2023, out of any money in the Treasury not otherwise
appropriated, $15,000,000, to remain available until expended, to carry
out activities to reduce the hurricane and flood risk of a federally
recognized Indian Tribe located within a flood-prone area of a unit of
the National Park System, including to carry out activities to reduce
the flood risk of structures contained within an area of a unit of the
National Park System for which a special use permit has been provided.
(e) Environmental Protection Agency.--In addition to amounts
otherwise available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2023, out of any money
in the Treasury not otherwise appropriated, $100,000,000 for
environmental restoration and monitoring, to remain available until
expended, including to carry out--
(1) the National Estuary Program under section 320 of the
Federal Water Pollution Control Act (33 U.S.C. 1330) for
estuaries within States and territories impacted by Hurricane
Ian, Hurricane Nicole, or Hurricane Fiona; and
(2) geographic programs of the Environmental Protection
Agency specified in the explanatory statement described in
section 4 of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), that are within States and territories impacted
by Hurricane Ian, Hurricane Nicole, or Hurricane Fiona.
(f) Reconstruction or Rehabilitation of Postal Facilities.--In
addition to amounts otherwise available, there is appropriated to the
United States Postal Service for fiscal year 2023, out of any money in
the Treasury not otherwise appropriated, $10,000,000, to remain
available until expended, for reconstruction or rehabilitation of
facilities of the Postal Service that were destroyed or damaged by
Hurricane Ian, Hurricane Nicole, or Hurricane Fiona.
SEC. 4. GENERAL PROVISIONS.
(a) Reimbursement of Interest Payments Related to Public
Assistance.--
(1) In general.--Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et
seq.) is amended by adding at the end the following:
``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Qualifying interest.--The term `qualifying interest'
means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such
qualifying loan; and
``(B) the interest that would have been paid to a
lender if such qualifying loan had an interest rate
equal to the prime rate most recently published on the
Federal Reserve Statistical Release on selected
interest rates.
``(2) Qualifying loan.--The term `qualifying loan' means a
loan--
``(A) obtained by a local government or electric
cooperative; and
``(B) of which not less than 90 percent of the
proceeds are used to fund activities for which such
local government or electric cooperative receives
assistance under this Act after the date on which such
loan is disbursed.
``(b) Financial Assistance.--The President, acting through the
Administrator of the Federal Emergency Management Agency, shall provide
financial assistance to a local government or electric cooperative as
reimbursement for qualifying interest.''.
(2) Rule of applicability.--Any qualifying interest (as
such term is defined in section 431 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by this
Act) incurred by a local government or electric cooperative in
the 5 years preceding the date of enactment of this Act shall
be treated as eligible for financial assistance for purposes of
such section.
(b) Revision of Pasteurized Orange Juice Standards.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than 30 days after the date of
enactment of this Act, initiate a rulemaking process to
reassess the standard of identity for ``pasteurized
orange juice'', established in section 146.140 of title
21, Code of Federal Regulations; and
(B) not later than 120 days after the date of
enactment of this Act, issue an interim final rule to
amend such standard of identity for ``pasteurized
orange juice'', if, after initiating the rulemaking
process to reassess such standard of identity, the
Secretary determines such standard of identity should
be amended.
(2) Regulation authority.--Nothing in this subsection shall
be construed to limit the authority of the Secretary of Health
and Human Services to promulgate regulations to further amend
the standard of identity for pasteurized orange juice after the
issuance of an interim final rule under paragraph (1)(B).
(c) Army Corps Study Authority.--The Secretary of the Army is
authorized to conduct a feasibility study for each of the studies
recommended in the report of the Corps of Engineers entitled ``South
Atlantic Coastal Study (SACS) Main Report'', dated August 2022.
(d) FEMA Trailer Flood Zone Waiver.--Section 408(c)(1)(B) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)) is amended by adding at the end the following:
``(v) Flood zone requirement waiver.--
``(I) In general.--The Governor of
a State may submit to the President a
request to waive any restriction
relating to the deployment of travel
trailers or manufactured housing units,
including the prohibition on deploying
travel trailers or manufactured housing
units into flood hazard areas under
section 206.117(b)(1)(ii)(C) of title
44, Code of Federal Regulations.''.
(e) Mitigation Assistance Pilot Program.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Federal Emergency
Management Agency.
(B) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Transportation and
Infrastructure of the House of Representatives.
(C) Pilot program.--The term ``pilot program''
means the pilot program established and carried out by
the Administrator under this subsection.
(2) Pilot program.--As part of the program carried out
under section 1366 of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c), the Administrator shall, not later than 1
year after the date of enactment of this Act, establish a pilot
program under which the Administrator shall make grants to the
State of Florida, which shall, subject to paragraph (3), use
those grant funds to elevate structures located in areas in
that State having special flood hazards or other areas of flood
risk.
(3) Matching requirement.--With respect to any project
carried out with a grant made by the Administrator under the
pilot program, the State of Florida shall match 50 percent of
the grant amount.
(4) Termination.--The pilot program shall terminate on the
date that is 5 years after the date on which the Administrator
establishes the pilot program under paragraph (2).
(5) Report.--Not later than 90 days after the date on which
the pilot program terminates under paragraph (4), the
Administrator shall submit to the appropriate committees of
Congress a report that contains--
(A) findings from carrying out the pilot program;
and
(B) recommendations regarding whether the pilot
program, or a similar program, should be made
permanent.
(f) Emergency Watershed Protection Program Regulations Revisions.--
The Secretary of Agriculture shall issue a rule--
(1) to revise section 624.9 of title 7, Code of Federal
Regulations, to provide that funds must be obligated by the
State Conservationist and construction completed within 365
calendar days after the date funds are committed to the State
Conservationist, except for exigency situations in which case
the construction must be completed within 30 days after the
date the funds are committed; and
(2) to revise part 624 of title 7, Code of Federal
Regulations, to provide that an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code may be a
project sponsor under that part, if the organization has
entered into a binding agreement for a project sponsor (as
defined in section 624.4 of that title (as in effect on the day
before the date of enactment of this Act)) to assume
responsibility for operations and maintenance costs and
requirements.
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