Bill Sponsor
Senate Bill 5355
117th Congress(2021-2022)
Disaster Relief Supplemental Appropriations Act, 2023
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Failed Senate on Dec 22, 2022
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Failed Passage Senate 
Dec 22, 2022
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Failed Passage Senate(Dec 22, 2022)
Dec 22, 2022
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Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
S. 5355 (Failed-Passage-Senate)


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”.