[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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