Emergency Supplemental Appropriations for Hurricane Disaster Assistance Act, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5072 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 5072

Making emergency supplemental appropriations for the fiscal year ending
September 30, 2004, for additional disaster assistance relating to
hurricane damage, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 14, 2004

Mr. Young of Florida introduced the following bill; which was referred
to the Committee on Appropriations, and in addition to the Committee on
the Budget, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

Making emergency supplemental appropriations for the fiscal year ending
September 30, 2004, for additional disaster assistance relating to
hurricane damage, 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, 2004, to provide
emergency supplemental appropriations for additional disaster
assistance relating to hurricane damage, and for other purposes,
namely:

CHAPTER 1

SMALL BUSINESS ADMINISTRATION

disaster loans program account

For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans, $248,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for an additional amount for ``Disaster Loans Program
Account'' for administrative expenses to carry out the disaster loan
program, $209,000,000, to remain available until expended, which may be
transferred to the appropriations for ``Salaries and Expenses'':
Provided, That no funds shall be transferred to the appropriations for
``Salaries and Expenses'' for indirect administrative expenses: Provide
further, That the amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.

CHAPTER 2

DEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

operation and maintenance, defense-wide

For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $72,500,000, to remain available until September 30, 2005 for
emergency expenses resulting from natural or other disasters, for the
costs of repairs to structures and equipment, evacuation, base
preparation, base recovery, and delayed satellite launches: Provided,
That the amounts provided herein are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287: Provided further, That the Secretary of Defense
may transfer these funds to appropriations for military personnel;
operation and maintenance; procurement; and family housing: Provided
further, That funds transferred shall be merged with and made available
for the same purposes and for the same time period as the appropriation
to which transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense.

CHAPTER 3

CORPS OF ENGINEERS--CIVIL WORKS

operation and maintenance, general

For an additional amount for ``Operation and Maintenance'', to
dredge navigation channels and repair other Corps projects in southern
and eastern States affected by natural disasters, $30,000,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.

flood control and coastal emergencies

For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Flood Control Act of
August 16, 1941, as amended (33 U.S.C. 701n) for emergency response to
and recovery from coastal storm damages and flooding in southern and
eastern states caused by natural disasters, $88,000,000, to remain
available until expended: Provided, That the amounts provided herein
are designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.

CHAPTER 4

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

operating expenses

For an additional amount for ``Operating Expenses'' for expenses
resulting from the recent natural disasters in the southeastern United
States, $8,000,000, to remain available until expended: Provided, That
the amounts provided herein are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.

EMERGENCY PREPAREDNESS AND RESPONSE

disaster relief

For an additional amount for ``Disaster Relief'', $2,000,000,000,
to remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.

CHAPTER 5

DEPARTMENT OF THE INTERIOR

FISH AND WILDLIFE SERVICE

construction

For an additional amount for ``Construction'', $13,900,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.

NATIONAL PARK SERVICE

construction

For an additional amount for ``Construction'', $7,400,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Departmental Management

public health and social services emergency fund

For an additional amount for ``Public Health and Social Services
Emergency Fund'' to support aging services, social services and health
services associated with natural disaster recovery and response
efforts, $50,000,000, to remain available until expended: Provided,
That the amounts provided herein are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.

CHAPTER 7

EXECUTIVE OFFICE OF THE PRESIDENT

unanticipated needs

For an additional amount for ``Unanticipated Needs'', not to exceed
$70,000,000, to remain available until September 30, 2005, for the
American Red Cross for reimbursement of disaster relief and recovery
expenditures and emergency services associated with Hurricanes Charley,
Frances, and Ivan, and only to the extent funds are not made available
for those activities by other Federal sources: Provided, That these
funds may be administered by any authorized Federal Government agency
to meet the purposes of this provision and that total administrative
costs shall not exceed three percent of the total appropriation:
Provided further, That the Comptroller General shall audit the use of
these funds by the American Red Cross: Provided further, That the
amounts provided herein are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.

CHAPTER 8

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

medical services

For an additional amount for ``Medical Services'' for expenses
related to the recent natural disasters in the Southeast, $5,800,000,
to remain available until September 30, 2005: Provided, That the
amounts provided herein are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.

medical administration

For an additional amount for ``Medical Administration'' for
expenses related to the recent natural disasters in the Southeast,
$1,500,000, to remain available until September 30, 2005: Provided,
That the amounts provided herein are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.

medical facilities

For an additional amount for ``Medical Facilities'' for expenses
related to the recent natural disasters in the Southeast, $16,800,000,
to remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

For an additional amount for ``Community Development Fund'', as
authorized under title I of the Housing and Community Development Act
of 1974 (Act), for emergency expenses resulting from natural disasters
in Florida, except those activities reimbursable by the Federal
Emergency Management Agency or available through the Small Business
Administration, and for reimbursement for expenditures incurred from
the regular Community Development Block Grant formula allocation used
to achieve these same purposes, $150,000,000, to remain available until
September 30, 2007: Provided, That the amounts provided herein are
designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287: Provided further, That
such funds may be awarded to the State of Florida for affected areas:
Provided further, That notwithstanding 42 U.S.C. 5306(d)(2), the State
of Florida is authorized to provide such assistance to entitlement
communities: Provided further, That in administering these funds for
economic revitalization activities in Florida, the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
is required to facilitate the use of such funds, and would not be
inconsistent with the overall purpose of the statute or regulation:
Provided further, That for activities funded by amounts provided
herein, the Secretary may waive, on a case-by-case basis and upon such
other terms as the Secretary may specify, in whole or in part, the
requirements that activities principally benefit persons of low- and
moderate-income pursuant to 42 U.S.C. 5301(c) and 5304(b)(3): Provided
further, That the Secretary shall publish in the Federal Register any
waiver of any statute or regulation authorized under this heading no
later than 5 days before the effective date of such waiver.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

space flight capabilities

For an additional amount for ``Space Flight Capabilities'', to
repair facilities damaged and take other emergency measures due to the
effects of hurricanes, $126,000,000, to remain available until
expended: Provided, That the amounts provided herein are designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Hurricane Disaster Assistance Act, 2004''.
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