Summary
# S. 116: The Hurricanes of 2022 Disaster Relief Rectification Act
## WHAT THIS BILL DOES
This bill changes how federal disaster relief money is distributed to help states and territories recover from Hurricanes Fiona, Ian, and Nicole. It also takes money back from certain science programs and redirects that money to pay for hurricane recovery projects across multiple federal agencies.
## WHO IT AFFECTS
States and territories impacted by Hurricanes Fiona, Ian, and Nicole including local governments, electric cooperatives, tribal nations, farmers, and fishing communities. Federal agencies including the Department of Agriculture, Commerce, Interior, Army Corps of Engineers, the Postal Service, and the Environmental Protection Agency will also be affected as they receive new funding and changing requirements.
## KEY PROVISIONS
* The Secretary of Agriculture may provide disaster relief in the form of block grants (money given without strict spending requirements) to eligible states and territories affected by the hurricanes (Sec. 2(a))
* The Secretary of Commerce may use fisheries disaster assistance funds to provide block grants to states and territories impacted by Hurricanes Fiona, Ian, and Nicole (Sec. 2(b))
* The bill takes back $1,035,162,000 from unobligated (unspent) National Science Foundation balances for research and education programs (Sec. 2(d))
* The Army Corps of Engineers receives $100 million to study flood and storm damage reduction projects in hurricane-impacted states, with the federal government paying 100 percent of study costs (Sec. 3(c)(1))
* The Army Corps of Engineers receives $300 million to construct approved flood and storm damage reduction projects in hurricane-impacted states and territories (Sec. 3(c)(2))
* The federal government will reimburse local governments and electric cooperatives for qualifying interest payments (interest costs) on loans taken out to pay for disaster recovery work (Sec. 4(a))
* The Administrator of the Federal Emergency Management Agency must establish a pilot program to give grants to Florida for elevating structures in flood-risk areas, with Florida matching 50 percent of grant costs (Sec. 4(e))
* The Secretary of Agriculture must issue rules to speed up emergency watershed protection projects by requiring completion within 365 calendar days and allowing certain nonprofit organizations to serve as project sponsors (Sec. 4(f))
## WHAT CHANGES
The bill redirects approximately $1 billion in unspent National Science Foundation money to hurricane recovery. States and territories affected by the three named hurricanes can now receive disaster relief as block grants rather than having to follow stricter spending rules. The Army Corps of Engineers gains $500 million total for both studying and building flood and storm protection projects. Local governments and electric cooperatives can now be reimbursed for interest costs on disaster recovery loans. Florida will have a new grant program to help property owners elevate their homes and structures. New rules will allow nonprofits to help sponsor and manage emergency watershed protection projects.
## IMPORTANT DEFINITIONS
**Qualifying interest:** The lesser of either the actual interest paid on a disaster recovery loan or the interest that would have been paid if the loan had the prime rate (the interest rate banks charge their best customers) set by the Federal Reserve (Sec. 4(a))
**Qualifying loan:** A loan taken out by a local government or electric cooperative where at least 90 percent of the borrowed money is used to pay for disaster recovery work (Sec. 4(a))
**Block grant:** Money given to states and territories that they can use with fewer restrictions on how the funds must be spent (Sec. 2(a))
## EFFECTIVE DATE
Not specified in bill text
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘The Hurricanes of
4
2022 Disaster Relief Rectification Act’’.
5
SEC. 2. DISASTER RELIEF SUPPLEMENTAL APPROPRIA-
6
TIONS ACT, 2023 AMENDMENTS.
7
(a) DEPARTMENT OF AGRICULTURE.—Title I of the
8
Disaster Relief Supplemental Appropriations Act, 2023
9
(division N of Public Law 117–328), is amended, in the
10
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•S 116 IS
matter under the heading ‘‘OFFICE OF THE SECRETARY’’
1
under the heading ‘‘PROCESSING, RESEARCH AND MAR-
2
KETING’’ under the heading ‘‘AGRICULTURAL PRO-
3
GRAMS’’ under the heading ‘‘DEPARTMENT OF AG-
4
RICULTURE’’ , by inserting ‘‘: Provided further, That
5
the Secretary of Agriculture may provide assistance for
6
losses described under this heading in this Act in the form
7
of block grants to eligible States and territories’’ before
8
the period at the end.
9
(b) FISHERIES DISASTER ASSISTANCE.—Title II of
10
the Disaster Relief Supplemental Appropriations Act,
11
2023 (division N of Public Law 117–328) is amended in
12
the matter under the heading ‘‘FISHERIES DISASTER AS-
13
SISTANCE’’ under the heading ‘‘NATIONAL OCEANIC AND
14
ATMOSPHERIC
ADMINISTRATION’’ under the heading
15
‘‘DEPARTMENT OF COMMERCE’’ by inserting ‘‘: Pro-
16
vided further, That the Secretary may use such funds to
17
provide assistance in the form of block grants to States
18
and territories impacted by Hurricanes Fiona, Ian, and
19
Nicole’’ before the period at the end.
20
(c) NATIONAL AERONAUTICS AND SPACE ADMINIS-
21
TRATION.—Title II of the Disaster Relief Supplemental
22
Appropriations Act, 2023 (division N of Public Law 117–
23
328) is amended, in the matter under the heading ‘‘CON-
24
STRUCTION AND ENVIRONMENTAL COMPLIANCE AND RES-
25
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•S 116 IS
TORATION’’ under the heading ‘‘NATIONAL AERONAUTICS
1
AND
SPACE
ADMINISTRATION’’ under the heading
2
‘‘SCIENCE’’, by striking ‘‘For an additional amount for
3
‘Construction and Environmental Compliance and Res-
4
toration’, $367,000,000, to remain available until Sep-
5
tember 30, 2028.’’ and inserting ‘‘For an additional
6
amount for ‘Construction and Environmental Compliance
7
and Restoration’ for environmental improvements, eco-
8
system restoration, and hurricane risk reduction improve-
9
ments at National Aeronautics and Space Administration
10
facilities damaged by Hurricanes Ian and Nicole,
11
$367,000,000, to remain available until September 30,
12
2028: Provided, That the Administrator of the National
13
Aeronautics and Space Administration may enter into co-
14
operative agreements with the managers of Federal land
15
bordering such facilities, including estuaries designated
16
under section 320 of the Federal Water Pollution Control
17
Act (33 U.S.C. 1330), to advance such efforts.’’.
18
(d) RESCISSION OF NATIONAL SCIENCE FOUNDA-
19
TION FUNDS.—
20
(1) RESEARCH AND RELATED ACTIVITIES.—Of
21
the unobligated balances of amounts made available
22
for ‘‘Research and Related Activities’’, under the
23
heading ‘‘National Science Foundation’’ under title
24
II of the Disaster Relief Supplemental Appropria-
25
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•S 116 IS
tions Act, 2023 (division N of Public Law 117–328),
1
$818,162,000 are rescinded.
2
(2) STEM EDUCATION.—Of the unobligated
3
balances of amounts made available for ‘‘STEM
4
Education’’, under the heading ‘‘National Science
5
Foundation’’ under title II of the Disaster Relief
6
Supplemental Appropriations Act, 2023 (division N
7
of Public Law 117–328), $217,000,000 are re-
8
scinded.
9
(e) DEPARTMENT OF THE INTERIOR.—Title VII of
10
the Disaster Relief Supplemental Appropriations Act,
11
2023 (division N of Public Law 117–328), is amended—
12
(1) in the matter under the heading ‘‘CON-
13
STRUCTION’’ under the heading ‘‘UNITED STATES
14
FISH AND WILDLIFE SERVICE’’ under the heading
15
‘‘DEPARTMENT OF THE INTERIOR’’, by strik-
16
ing ‘‘2023’’ and inserting ‘‘2022’’;
17
(2) in the matter under the heading ‘‘CON-
18
STRUCTION’’ under the heading ‘‘NATIONAL PARK
19
SERVICE’’ under the heading ‘‘DEPARTMENT OF
20
THE INTERIOR’’, by striking ‘‘2023’’ and insert-
21
ing ‘‘2022’’;
22
(3) in the matter under the heading ‘‘SURVEYS,
23
INVESTIGATIONS, AND RESEARCH’’ under the head-
24
ing ‘‘UNITED STATES GEOLOGICAL SURVEY’’ under
25
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•S 116 IS
the heading ‘‘DEPARTMENT OF THE INTE-
1
RIOR’’, by striking ‘‘2023’’ and inserting ‘‘2022’’;
2
(4) in the matter under the heading ‘‘OPER-
3
ATION OF INDIAN PROGRAMS’’ under the heading
4
‘‘BUREAU OF INDIAN AFFAIRS’’ under the heading
5
‘‘INDIAN AFFAIRS’’ under the heading ‘‘DEPART-
6
MENT OF THE INTERIOR’’, by striking ‘‘2023’’
7
and inserting ‘‘2022’’; and
8
(5) in the matter under the heading ‘‘CON-
9
STRUCTION’’ under the heading ‘‘BUREAU OF IN-
10
DIAN AFFAIRS’’ under the heading ‘‘INDIAN AF-
11
FAIRS’’ under the heading ‘‘DEPARTMENT OF
12
THE INTERIOR’’, by striking ‘‘2023’’ and insert-
13
ing ‘‘2022’’.
14
(f) STATE AND TRIBAL ASSISTANCE GRANTS.—The
15
first paragraph under the heading ‘‘STATE AND TRIBAL
16
ASSISTANCE GRANTS’’ under the heading ‘‘ENVIRON-
17
MENTAL PROTECTION AGENCY’’ in title VII of the
18
Disaster Relief Supplemental Appropriations Act, 2023
19
(division N of Public Law 117–328), is amended, in the
20
third proviso, by striking ‘‘shall use’’ and inserting ‘‘may
21
use up to’’.
22
SEC. 3. APPROPRIATION OF RESCINDED FUNDS.
23
(a) DEPARTMENT OF AGRICULTURE.—
24
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•S 116 IS
(1) AGRICULTURAL LAND EASEMENTS.—There
1
is appropriated to the Secretary of Agriculture, out
2
of any amounts in the Treasury not otherwise appro-
3
priated, $200,000,000, to remain available until ex-
4
pended, for the acquisition of agricultural land ease-
5
ments under subtitle H of the Food Security Act of
6
1985 (16 U.S.C. 3865 et seq.) in a State impacted
7
by Hurricane Fiona, Hurricane Ian, or Hurricane
8
Nicole.
9
(2) EMERGENCY WATERSHED PROGRAM.—
10
(A) IN GENERAL.—There is appropriated
11
to the Secretary of Agriculture, out of any
12
amounts in the Treasury not otherwise appro-
13
priated, $110,000,000, to remain available until
14
expended, to undertake emergency watershed
15
protection measures under section 403 of the
16
Agricultural Credit Act of 1978 (16 U.S.C.
17
2203) in a State impacted by Hurricane Fiona,
18
Hurricane Ian, or Hurricane Nicole.
19
(B) COASTAL FLOOD RISK REDUCTION.—
20
The Secretary of Agriculture may use amounts
21
appropriated by subparagraph (A) to reduce
22
flood risk in a coastal community by removing
23
sediment or other impediments from a canal or
24
canal system.
25
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•S 116 IS
(b) DEPARTMENT OF COMMERCE.—
1
(1) OPERATIONS, RESEARCH, AND FACILITIES
2
OF THE NATIONAL OCEANIC AND ATMOSPHERIC AD-
3
MINISTRATION.—In addition to amounts otherwise
4
available, there is appropriated to the National Oce-
5
anic and Atmospheric Administration for fiscal year
6
2023, out of any money in the Treasury not other-
7
wise appropriated, $30,000,000, to remain available
8
until expended, for ‘‘Operations, Research, and Fa-
9
cilities’’ for—
10
(A) expenses related to the consequences of
11
Hurricanes Fiona, Ian, and Nicole; and
12
(B) to improve hurricane intensity and
13
storm surge forecasting and mitigation, includ-
14
ing through ocean observing platforms and
15
storm surge gauges.
16
(2) COASTAL AND ESTUARINE LAND CONSERVA-
17
TION PROGRAM.—In addition to amounts otherwise
18
available, there is appropriated to the Department of
19
Commerce for fiscal year 2023, out of any money in
20
the
Treasury
not
otherwise
appropriated,
21
$30,162,000, to remain available until expended, to
22
conduct the Coastal and Estuarine Land Conserva-
23
tion Program under section 307A of the Coastal
24
Zone Management Act of 1972 (16 U.S.C. 1456–1)
25
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•S 116 IS
with respect to States impacted by Hurricanes
1
Fiona, Ian, and Nicole.
2
(3) MARINE
DEBRIS
ASSESSMENT
AND
RE-
3
MOVAL AND ECOSYSTEM RESTORATION.—In addition
4
to amounts otherwise available, there is appropriated
5
to the Department of Commerce for fiscal year
6
2023, out of any money in the Treasury not other-
7
wise appropriated, $40,000,000, to remain available
8
until expended, for marine debris assessment and re-
9
moval and marine and estuarine ecosystem restora-
10
tion monitoring efforts in States impacted by Hurri-
11
canes Fiona, Ian, and Nicole.
12
(c) CORPS OF ENGINEERS.—
13
(1) INVESTIGATIONS.—
14
(A) IN GENERAL.—In addition to amounts
15
otherwise available, there is appropriated to the
16
Secretary of the Army, out of any money in the
17
Treasury
not
otherwise
appropriated,
18
$100,000,000, to remain available until ex-
19
pended, for necessary expenses related to the
20
completion, or initiation and completion, of high
21
priority flood and storm damage reduction, in-
22
cluding shore protection, studies that are au-
23
thorized before, on, or after the date of enact-
24
ment of this Act in States and insular areas
25
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•S 116 IS
that were impacted by Hurricane Fiona, Hurri-
1
cane Ian, or Hurricane Nicole, to reduce risks
2
from future floods and hurricanes.
3
(B) COST SHARE.—The Federal share of
4
the cost of a study carried out with amounts
5
made available under this paragraph shall be
6
100 percent.
7
(C) WORK PLAN; REPORTING.—
8
(i) WORK PLAN.—Not later than 60
9
days after the date of enactment of this
10
Act, the Chief of Engineers shall submit to
11
the Committee on Appropriations of the
12
Senate and the Committee on Appropria-
13
tions of the House of Representatives a de-
14
tailed work plan for the funds provided
15
under this paragraph, including—
16
(I) a list of study locations;
17
(II) a list of new studies selected
18
to be initiated;
19
(III) the total cost for all studies;
20
(IV) the remaining cost for all
21
ongoing studies; and
22
(V) a schedule by fiscal year of
23
proposed use of those funds.
24
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•S 116 IS
(ii) NO DEVIATION.—The Secretary of
1
the Army shall not deviate from the work
2
plan once the plan has been submitted to
3
the Committee on Appropriations of the
4
Senate and the Committee on Appropria-
5
tions of the House of Representatives
6
under clause (i).
7
(iii)
REPORTING.—Beginning
not
8
later than 60 days after the date of enact-
9
ment of this Act, the Assistant Secretary
10
of the Army for Civil Works shall provide
11
a quarterly report to the Committee on
12
Appropriations of the Senate and the Com-
13
mittee on Appropriations of the House of
14
Representatives detailing the allocation
15
and obligation of the funds provided under
16
this paragraph.
17
(2) CONSTRUCTION.—
18
(A) IN GENERAL.—In addition to amounts
19
otherwise available, there is appropriated to the
20
Secretary of the Army, out of any money in the
21
Treasury
not
otherwise
appropriated,
22
$300,000,000, to remain available until ex-
23
pended, to construct—
24
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•S 116 IS
(i) priority flood and storm damage
1
reduction,
including
shore
protection,
2
projects that are authorized before, on, or
3
after the date of enactment of this Act;
4
and
5
(ii) flood and storm damage reduction,
6
including shore protection, projects that—
7
(I) have signed Chief’s Reports
8
as of the date of enactment of this
9
Act; or
10
(II) are studied using funds
11
made available under paragraph (1),
12
if the Secretary of the Army deter-
13
mines the project to be technically
14
feasible, economically justified, and
15
environmentally acceptable, in States
16
and insular areas that were impacted
17
by Hurricane Ian, Hurricane Fiona,
18
or Hurricane Nicole.
19
(B) NEW STARTS.—The Secretary of the
20
Army may initiate additional new construction
21
starts with amounts made available under this
22
paragraph.
23
(C) WORK PLAN; REPORTING.—
24
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(i) WORK PLAN.—Not later than 60
1
days after the date of enactment of this
2
Act, the Chief of Engineers shall submit to
3
the Committee on Appropriations of the
4
Senate and the Committee on Appropria-
5
tions of the House of Representatives a de-
6
tailed work plan for the funds provided
7
under this paragraph, including—
8
(I) a list of study locations;
9
(II) a list of new studies selected
10
to be initiated;
11
(III) the total cost for all studies;
12
(IV) the remaining cost for all
13
ongoing studies; and
14
(V) a schedule by fiscal year of
15
proposed use of those funds.
16
(ii) NO DEVIATION.—The Secretary of
17
the Army shall not deviate from the work
18
plan once the plan has been submitted to
19
the Committee on Appropriations of the
20
Senate and the Committee on Appropria-
21
tions of the House of Representatives
22
under clause (i).
23
(iii)
REPORTING.—Beginning
not
24
later than 60 days after the
[Text truncated for display. Full text available on Congress.gov.]