[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5212 Received in Senate (RDS)]
2d Session
H. R. 5212
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 2004
Received
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, for additional disaster assistance relating to
storm 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, 2005, to provide emergency supplemental appropriations
for additional disaster assistance relating to storm damage, and for
other purposes, namely:
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System,''
$2,000,000, to remain available until expended, for emergency
hurricane-related expenses: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
capital improvements and maintenance
For an additional amount for ``Capital Improvements and
Maintenance'', $33,000,000, to remain available until expended, for
emergency hurricane-related expenses: Provided, That Congress
designates this amount as an emergency requirement for this specific
purpose.
General Provisions--Department of Agriculture
Agricultural Assistance
agricultural hurricane assistance
SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.
(a) Crop Disaster Assistance.--
(1) Definitions.--In this subsection:
(A) Additional coverage.--The term ``additional
coverage'' has the meaning given the term in section
502(b) of the Federal Crop Insurance Act (7 U.S.C.
1502(b)).
(B) Insurable commodity.--The term ``insurable
commodity'' means an agricultural commodity (excluding
livestock) for which the producers on a farm are
eligible to obtain a policy or plan of insurance under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(C) Noninsurable commodity.--The term
``noninsurable commodity'' means an agricultural
commodity for which the producers on a farm are
eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333).
(2) Emergency financial assistance.--Notwithstanding
section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(7)), the Secretary of Agriculture shall use such sums
as are necessary of funds of the Commodity Credit Corporation
to make emergency financial assistance authorized under this
subsection available to producers on a farm that have incurred
qualifying crop or quality losses for the 2003 or 2004 crop (as
elected by a producer), but not both crops, due to damaging
weather or related condition, as determined by the Secretary.
(3) Administration.--The Secretary shall make assistance
available under this subsection in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including
using the same loss thresholds for the quantity and quality
losses as were used in administering that section.
(4) Ineligibility for assistance.--Except as provided in
paragraph (5), the producers on a farm shall not be eligible
for assistance under this subsection with respect to losses to
an insurable commodity or noninsurable commodity if the
producers on the farm--
(A) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable
commodity under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for the crop incurring the losses;
and
(B) in the case of a noninsurable commodity, did
not file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) for the crop incurring the
losses.
(5) Contract waiver.--The Secretary may waive paragraph (4)
with respect to the producers on a farm if the producers enter
into a contract with the Secretary under which the producers
agree--
(A) in the case of an insurable commodity, to
obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) providing
additional coverage for the insurable commodity for
each of the next 2 crops; and
(B) in the case of a noninsurable commodity, to
file the required paperwork and pay the administrative
fee by the applicable State filing deadline, for the
noninsurable commodity for each of the next 2 crops
under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(6) Effect of violation.--In the event of the violation of
a contract under paragraph (5) by a producer, the producer
shall reimburse the Secretary for the full amount of the
assistance provided to the producer under this subsection.
(7) Payment limitations.--
(A) Limit on amount of assistance.--Assistance
provided under this subsection to a producer for losses
to a crop, together with the amounts specified in
subparagraph (B) applicable to the same crop, may not
exceed 95 percent of what the value of the crop would
have been in the absence of the losses, as estimated by
the Secretary.
(B) Other payments.--In applying the limitation in
subparagraph (A), the Secretary shall include the
following:
(i) Any crop insurance payment made under
the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) or payment under section 196 of the
Federal Agricultural Improvement and Reform Act
of 1996 (7 U.S.C. 7333) that the producer
receives for losses to the same crop.
(ii) The value of the crop that was not
lost (if any), as estimated by the Secretary.
(C) Effect of florida disaster programs.--The
amount of assistance that a producer would otherwise
receive under this subsection shall be reduced by the
amount of assistance that the producer receives for the
same loss under the Florida Disaster Programs carried
out pursuant to the Farm Service Agency notice (DAP-
203) released October 4, 2004.
(b) Livestock Assistance Program.--
(1) Emergency financial assistance.--The Secretary of
Agriculture shall use such sums as are necessary of funds of
the Commodity Credit Corporation to make and administer
payments for livestock losses to producers for 2003 or 2004
losses (as elected by a producer), but not both, in a county
that has received an emergency designation by the President or
the Secretary after January 1, 2003, of which an amount
determined by the Secretary shall be made available for the
American Indian livestock program under section 806 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-
387; 114 Stat. 1549A-51).
(2) Administration.--The Secretary shall make assistance
available under this subsection in the same manner as provided
under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
(3) Mitigation.--In determining the eligibility for or
amount of payments for which a producer is eligible under the
livestock assistance program, the Secretary shall not penalize
a producer that takes actions (recognizing disaster conditions)
that reduce the average number of livestock the producer owned
for grazing during the production year for which assistance is
being provided.
(c) Tree Assistance Program.--
(1) Emergency assistance.--The Secretary of Agriculture
shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance under the
tree assistance program established under sections 10201
through 10204 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8201 et seq.) to producers who suffered tree
losses during the period beginning on December 1, 2003, and
ending on December 31, 2004.
(2) Additional assistance.--In addition to providing
assistance to eligible orchardists under the tree assistance
program, the Secretary shall use an additional $15,000,000 of
the funds of the Commodity Credit Corporation to provide
reimbursement under section 10203 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8203) to eligible forest
land owners who produce periodic crops of timber from trees for
commercial purposes and who have suffered tree losses during
the period specified in paragraph (1).
(d) Emergency Conservation Program.--The Secretary of Agriculture
shall use an additional $50,000,000 of the funds of the Commodity
Credit Corporation to provide assistance under the Emergency
Conservation Program under title IV of the Agriculture Credit Act of
1978 (16 U.S.C. 2201 et seq.). Participants in the Emergency
Conservation Program shall receive the maximum cost share percentage
allowed under section 701.26 of title 7, Code of Federal Regulations.
(e) Offset.--Section 1241(a)(3) of the Food Security Act of 1985
(16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the
end the following: ``, using not more than $6,037,000,000 for the
period of fiscal years 2005 through 2014''.
(f) Clean-Up Assistance.--The Secretary shall provide up to
$100,000,000 of Commodity Credit Corporation funds for the Emergency
Watershed Protection Program and/or the Emergency Conservation Program
to carry out additional activities in response to the 2004 hurricanes
and tropical storms, including the provision of technical and financial
assistance for improvements and clean-up. Persons that received
payments from section 32 of the Act of August 24, 1935 with respect to
2004 hurricane losses are not eligible for these funds. Funds will be
allocated to the programs, as determined by the Secretary.
(g) Section 32 Payments.--The Secretary shall transfer $90,000,000
of funds of the Commodity Credit Corporation to the fund established by
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out
payments with respect to 2004 hurricane losses.
(h) The Secretary shall use the funds, facilities, and authorities
of the Commodity Credit Corporation to carry out this section, to
remain available through September 30, 2006.
(i) The Secretary may promulgate such regulations as are necessary
to implement this section, provided that the Secretary shall use the
authority provided under 5 U.S.C. 808.
(j) Congress designates the amounts provided under this section as
an emergency requirement for the specific purposes authorized herein.
Sec. 102. In addition to amounts otherwise provided, up to
$130,000,000, to remain available until expended, for the Emergency
Watershed Protection Program and/or the Emergency Conservation Program
for emergency hurricane-related expenses including the provision of
technical and financial assistance for improvements and clean-up:
Provided, That Congress designates this amount as an emergency
requirement for these purposes. Persons that received payments from
section 32 of the Act of August 24, 1935 with respect to 2004 hurricane
losses are not eligible for these funds.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $7,900,000, to remain available until expended: Provided,
That Congress designates this amount as an emergency requirement for
this specific purpose.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $6,800,000, to remain available until expended:
Provided, That Congress designates this amount as an emergency
requirement for this specific purpose.
DEPARTMENT OF DEFENSE
Military Personnel
military personnel, navy
For an additional amount for ``Military Personnel, Navy'',
$1,000,000, to remain available until September 30, 2005, for emergency
hurricane-related expenses, for the costs of evacuation, which shall be
available for transfer to reimburse costs incurred in FY 2004 as a
result of emergency evacuations due to hurricanes: Provided, That
Congress designates this amount as an emergency requirement for this
specific purpose.
military personnel, air force
For an additional amount for ``Military Personnel, Air Force'',
$13,225,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of evacuation,
which shall be available for transfer to reimburse costs incurred in FY
2004 as a result of emergency evacuations due to hurricanes: Provided,
That Congress designates this amount as an emergency requirement for
this specific purpose.
Operation and Maintenance
operation and maintenance, army
For an additional amount for ``Operation and Maintenance, Army'',
$2,844,000, to remain available until September 30, 2005, for emergency
hurricane-related expenses, for the costs of repairs to structures and
equipment, evacuation, base preparation, and base recovery; of which
not to exceed 25 percent shall be available for transfer to reimburse
costs incurred in FY 2004 as a result of emergency evacuations and
immediate recovery related to basic infrastructure due to hurricanes:
Provided, That Congress designates these amounts as an emergency
requirement for this specific purpose.
operation and maintenance, navy
For an additional amount for ``Operation and Maintenance, Navy'',
$404,591,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, evacuation, base preparation, and base
recovery; of which not to exceed 25 percent shall be available for
transfer to reimburse costs incurred in FY 2004 as a result of
emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose.
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance, Air
Force'', $128,672,000, to remain available until September 30, 2005,
for emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, evacuation, base preparation, and base
recovery; of which not to exceed 25 percent shall be available for
transfer to reimburse costs incurred in FY 2004 as a result of
emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose.
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $172,506,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, evacuation, base preparation, base recovery,
and delayed satellite launches; of which not to exceed 25 percent shall
be available for transfer to reimburse costs incurred in FY 2004 as a
result of emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose:
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.
operation and maintenance, army reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $1,442,000, to remain available until September 30, 2005,
for emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, evacuation, base preparation, and base
recovery; of which not to exceed 25 percent shall be available for
transfer to reimburse costs incurred in FY 2004 as a result of
emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose.
operation and maintenance, navy reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $399,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, evacuation, base preparation, and base
recovery; of which not to exceed 25 percent shall be available for
transfer to reimburse costs incurred in FY 2004 as a result of
emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose.
operation and maintenance, army national guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $3,350,000, to remain available until September 30,
2005, for emergency hurricane-related expenses, for the costs of
repairs to structures and equipment, evacuation, base preparation, and
base recovery; of which not to exceed 25 percent shall be available for
transfer to reimburse costs incurred in FY 2004 as a result of
emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose.
operation and maintenance, air national guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $1,085,000, to remain available until September 30,
2005, for emergency hurricane-related expenses, for the costs of
repairs to structures and equipment, evacuation, base preparation, and
base recovery; of which not to exceed 25 percent shall be available for
transfer to reimburse costs incurred in FY 2004 as a result of
emergency evacuations and immediate recovery related to basic
infrastructure due to hurricanes: Provided, That Congress designates
these amounts as an emergency requirement for this specific purpose.
Other Department of Defense Programs
defense health program
For an additional amount for ``Defense Health Program'',
$10,286,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, evacuation, base preparation, and base
recovery: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
Procurement
other procurement, air force
For an additional amount for ``Other Procurement, Air Force,''
$2,500,000, to remain available until September 30, 2005, for emergency
hurricane-related expenses and replacement of destroyed or damaged
equipment: Provided, That Congress designates these amounts as an
emergency requirement for this specific purpose.
procurement, defense-wide
For an additional amount for ``Procurement, Defense-Wide'',
$102,500,000, to remain available until September 30, 2005 for
emergency hurricane-related expenses, for the costs of repairs to
structures and facilities, replacement of destroyed or damaged
equipment, and preparation and recovery of naval vessels under
construction: Provided, That Congress designates these amounts as an
emergency requirement for this specific purpose: Provided further, That
the Secretary of Defense may transfer these funds to appropriations for
procurement; research, development, test, and evaluation; and military
construction: 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: Provided further,
That such funds may be obligated and expended to carry out rebuilding
of military construction projects not otherwise authorized by law.
Military Construction
military construction, navy
For an additional amount for ``Military Construction, Navy'',
$138,800,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and facilities: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose: Provided
further, That such funds may be obligated and expended to carry out
rebuilding of military construction projects not otherwise authorized
by law.
military construction, army reserve
For an additional amount for ``Military Construction, Army
Reserve'', $8,700,000, to remain available until September 30, 2005,
for emergency hurricane-related expenses, for the costs of repairs to
structures and facilities: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose: Provided
further, That such funds may be obligated and expended to carry out
rebuilding of military construction projects not otherwise authorized
by law.
base realignment and closure account
For an additional amount for ``Base Realignment and Closure
Account'', $50,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and equipment: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
Family Housing
family housing, operation and maintenance, army
For an additional amount for ``Family Housing, Operation and
Maintenance, Army'', $313,000, to remain available until September 30,
2005, for emergency hurricane-related expenses, for the costs of
repairs to structures and equipment, evacuation, base preparation, and
base recovery: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
family housing, operation and maintenance, navy and marine corps
For an additional amount for ``Family Housing, Operation and
Maintenance, Navy and Marine Corps'', $3,276,000, to remain available
until September 30, 2005, for emergency hurricane-related expenses, for
the costs of repairs to structures and equipment, evacuation, base
preparation, and base recovery: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
family housing, operation and maintenance, air force
For an additional amount for ``Family Housing, Operation and
Maintenance, Air Force'', $5,600,000, to remain available until
September 30, 2005, for emergency hurricane-related expenses, for the
costs of repairs to structures and equipment, evacuation, base
preparation, and base recovery: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
Revolving and Management Funds
working capital fund, defense-wide
For an additional amount for ``Working Capital Fund, Defense-
Wide'', $77,000,000, to remain available until September 30, 2005, for
emergency hurricane-related expenses, for the costs of repairs to
structures and equipment, and base recovery: Provided, That Congress
designates this amount as an emergency requirement for this specific
purpose.
General Provisions--Department of Defense
general transfer authority
Sec. 201. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $210,000,000 of the funds made available to the
Department of Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to this
authority: Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority available
to the Department of Defense: Provided further, That the authority in
this section is subject to the same terms and conditions as the
authority provided in section 8005 of the Department of Defense
Appropriations Act, 2005, except for the fourth proviso.
Sec. 202. Funds appropriated in this title, or made available by
the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
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 Congress designates this amount as an emergency requirement for
this specific purpose.
DEPARTMENT OF HOMELAND SECURITY
Emergency Preparedness and Response
disaster relief fund
For an additional amount for necessary expenses under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $6,500,000,000, to remain available until expended: Provided,
That Congress designates this amount as an emergency requirement for
this specific purpose.
United States Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'', $26,000,000,
to remain available until expended for emergency hurricane-related
expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
DEPARTMENT 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 Congress designates this amount as
an emergency requirement for this specific purpose: 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.
DEPARTMENT OF THE INTERIOR
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $1,000,000, to remain available until expended for
emergency hurricane-related expenses: Provided, That Congress
designates this amount as an emergency requirement for this specific
purpose.
Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $2,700,000,
to remain available until expended for emergency hurricane-related
expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
construction
For an additional amount for ``Construction'', $24,700,000, to
remain available until expended for emergency hurricane-related
expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
National Park Service
construction and major maintenance
For an additional amount for ``Construction and Major
Maintenance'', $48,900,000, to remain available until expended for
emergency hurricane-related expenses: Provided, That Congress
designates this amount as an emergency requirement for this specific
purpose.
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$18,600,000, to remain available until expended for emergency
hurricane-related expenses: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $5,500,000,
to remain available until expended for emergency hurricane-related
expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
DEPARTMENT OF TRANSPORTATION
federal aviation administration
operations
For an additional amount for ``Operations'', $5,100,000, to remain
available until expended for emergency hurricane-related expenses:
Provided, That Congress designates this amount as an emergency
requirement for this specific purpose.
emergency assistance to airports
(airport and airway trust fund)
Notwithstanding any other provision of law, for emergency
hurricane-related insurance-ineligible capital costs to repair or
replace public-use airport-related facilities at public-use airports
identified in the National Plan of Integrated Airport Systems, to
enable the Federal Aviation Administration to compensate entities for
such capital costs, up to $25,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until June 30, 2006:
Provided, That Congress designates this amount as an emergency
requirement for this specific purpose.
Federal Highway Administration
federal-aid highways
emergency relief program
(highway trust fund)
For an additional amount for the Emergency Relief Program for
emergency expenses resulting from 2004 Hurricanes Charley, Frances,
Ivan, and Jeanne, as authorized by title 23 U.S.C. 125, $800,000,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account): Provided, That notwithstanding 23 U.S.C. 125(d)(1), the
Secretary of Transportation may obligate more than $100,000,000 for
projects arising from Hurricanes Charley, Frances, Ivan, and Jeanne:
Provided further, That any amounts in excess of those necessary for
emergency expenses relating to the above hurricanes may be used for
other projects authorized under 23 U.S.C. 125: Provided further, That
amounts provided herein shall remain available until expended: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement for this specific purpose.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $38,283,000, to
remain available until September 30, 2005, for emergency hurricane-
related expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
medical facilities
For an additional amount for ``Medical Facilities'', $46,910,000,
to remain available until expended for emergency hurricane-related
expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
medical administration
For an additional amount for ``Medical Administration'',
$1,939,000, to remain available until September 30, 2005, for emergency
hurricane-related expenses: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
DEPARTMENTAL ADMINISTRATION
general operating expenses
For an additional amount for ``General Operating Expenses'',
$545,000, to remain available until September 30, 2005, for emergency
hurricane-related expenses: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
national cemetery administration
For an additional amount for ``National Cemetery Administration'',
$50,000, to remain available until September 30, 2005, for hurricane-
related expenses: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
construction, minor projects
For an additional amount for ``Construction, Minor Projects'',
$36,343,000, to remain available until expended for emergency
hurricane-related expenses: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
CORPS OF ENGINEERS--CIVIL WORKS
operation and maintenance, general
For an additional amount for ``Operation and Maintenance, General''
for hurricane-related expenses necessary to dredge navigation channels
and repair other Corps projects, $94,000,000, to remain available until
expended: Provided, That Congress designates this amount as an
emergency requirement for this specific purpose.
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 USC 701n), for emergency hurricane-
related expenses from coastal storm damages and flooding, $147,000,000,
to remain available until expended: Provided, That Congress designates
this amount as an emergency requirement for this specific purpose.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee'' to cover the additional costs of dredging and
mat laying operations on the main stem of the lower Mississippi River
due to hurricanes and other severe storms, $4,000,000, to remain
available until expended: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
ENVIRONMENTAL PROTECTION AGENCY
buildings and facilities
For an additional amount for ``Buildings and Facilities,''
$3,000,000, to remain available until expended, for emergency
hurricane-related expenses: Provided, That Congress designates this
amount as an emergency requirement for this specific purpose.
INTERNATIONAL ASSISTANCE PROGRAMS
Agency for International Development
international disaster and famine assistance
For an additional amount for ``International Disaster and Famine
Assistance'', $100,000,000, to remain available until expended, for
emergency hurricane-related expenses without regard to section 10 of
Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956: Provided, That Congress designates this amount
as an emergency requirement for this specific purpose.
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 Congress designates this amount as an
emergency requirement for this specific purpose.
SMALL BUSINESS ADMINISTRATION
disaster loans program account
For an additional amount for ``Disaster Loans Program Account'' for
emergency expenses resulting from natural or other disasters, to remain
available until expended, $501,000,000 for the cost of direct loans;
and $428,000,000 for administrative expenses to carry out the disaster
loan program, which may be transferred to the appropriations for
``Salaries and expenses'': Provided, That Congress designates these
amounts as an emergency requirement for this specific purpose.
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 Congress
designates this amount as an emergency requirement for this specific
purpose.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Hurricane Disasters Assistance Act, 2005''.
Passed the House of Representatives October 6, 2004.
Attest:
JEFF TRANDAHL,
Clerk.