II 118th CONGRESS 1st Session S. 116 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.

1. Short title This Act may be cited as the The Hurricanes of 2022 Disaster Relief Rectification Act . 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 . 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. 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: 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.