H.R. 5227House108th Congress (2003-2005)In Committee

Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005

Introduced October 6, 2004

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HouseIntro Referral Latest Action

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.

October 6, 2004

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HouseIntro Referral

Introduced in House

October 6, 2004

HouseIntro Referral

Sponsor introductory remarks on measure. (CR 10/7/2004 H8280)

October 6, 2004

HouseIntro Referral

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.

October 6, 2004

Floor Debate

18 members

What members said about H.R. 5227 on the floor

6 Republicans12 Democrats
Adam H. Putnam
Rep. Adam H. PutnamR-FL-12 · Oct 6, 2004

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 819 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

C. W. Bill Young
Rep. C. W. Bill YoungR-FL-10 · Oct 6, 2004

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, H.R. 5212 is a bill to further respond to the devastation brought upon the State of Florida and other neighboring States by…

C. W. Bill Young
Rep. C. W. Bill YoungR-FL-10 · Oct 9, 2004

Mr. Speaker, I yield myself such time as I might consume. I certainly would have had liked to have had more time to yield to the gentleman from Kentucky (Chairman Rogers). I sort of like what he was…

Chet Edwards
Rep. Chet EdwardsD-TX-11 · Oct 9, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of the Military Construction appropriations bill because it provides vital funding for military housing and…

Charles W. Stenholm
Rep. Charles W. StenholmD-TX-17 · Oct 6, 2004

Mr. Chairman, I thank the gentleman for yielding me this time, and I first want to commend the chairman and the committee for the manner in which they have attempted to deal with a very serious…

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David R. Obey
Rep. David R. ObeyD-WI-7 · Oct 6, 2004

Mr. Chairman, I yield 3 minutes to the distinguished gentleman from Florida (Mr. Boyd). Mr. Chairman, I yield 2\1/2\ minutes to the distinguished gentlewoman from New York (Mrs. Lowey). Mr. Chairman,…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Oct 6, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman from Florida (Mr. Putnam), my friend, for yielding me the time. I also welcome the gentleman from Florida…

David R. Obey
Rep. David R. ObeyD-WI-7 · Oct 9, 2004

Mr. Speaker, in the main, I have no real objections to almost all of the provisions in this bill. I would note with respect to the drought aid for farmers and the disaster relief for States, those…

Charles W. Stenholm
Rep. Charles W. StenholmD-TX-17 · Oct 6, 2004

Mr. Speaker, I thank the gentleman for yielding me time. I rise in strong opposition to this rule, and I urge Members to vote ``no'' on the previous question, and not because I disagree with the…

Joe Knollenberg
Rep. Joe KnollenbergR-MI-9 · Oct 9, 2004

Mr. Speaker, I ask unanimous consent that it be in order at any time to consider the conference report to accompany the bill (H.R. 4837) making appropriations for military construction, family…

Carolyn C. Kilpatrick
Rep. Carolyn C. KilpatrickD-MI-13 · Oct 6, 2004

Mr. Chairman, I thank the gentleman from Florida (Mr. Young), our senior chairman for the Committee on Appropriations, and the gentleman from Wisconsin (Mr. Obey), our ranking member, for bringing…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Oct 6, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself of such time as I may consume. Mr. Chairman, I first want to congratulate the distinguished chairman of the Committee on…

Charles W. Stenholm
Rep. Charles W. StenholmD-TX-17 · Oct 9, 2004

Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, first, I want to commend the gentleman from Michigan (Chairman Knollenberg) and the gentleman from Texas (Ranking Member Edwards)…

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Jesse L. Jackson, Jr.
Rep. Jesse L. Jackson, Jr.D-IL-2 · Oct 6, 2004

Mr. Chairman, this emergency supplemental should contain funding for African Union peace keepers in Sudan to address the worst humanitarian crisis in the world today, but it does not. Six thousand to…

Allen Boyd
Rep. Allen BoydD-FL-2 · Oct 9, 2004

Mr. Speaker, I want to thank my friend, the gentleman from Texas (Mr. Edwards), for yielding me the time. I want to start by thanking the gentleman from Michigan (Mr. Knollenberg), our chairman, and…

Randy Neugebauer
Rep. Randy NeugebauerR-TX-19 · Oct 6, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this amendment represents a fiscally responsible approach to agriculture disaster…

Michael F. Doyle
Rep. Michael F. DoyleD-PA-14 · Oct 6, 2004

Mr. Speaker, I rise today in strong opposition to this rule. Two weeks ago, heavy rains from hurricane Ivan inundated my district in southwestern Pennsylvania, and many communities across…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Oct 6, 2004

Mr. Chairman, I appreciate the gentleman's courtesy in permitting me to speak on this bill. I rise in support of it. Our hearts again go out to the victims of natural disasters like the hurricane in…

Mark Foley
Rep. Mark FoleyR-FL-16 · Oct 6, 2004

Mr. Chairman, I thank the gentleman from Florida (Chairman Young) for his hard work on behalf of Floridians. I want to thank the White House, and I want to thank the President specifically and…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Oct 6, 2004

Mr. Speaker, I thank the gentleman for yielding me this time. I have such high regard for my preceding speaker, the gentleman from Nebraska (Mr. Osborne). He has done a great deal to advance the…

Mark Foley
Rep. Mark FoleyR-FL-16 · Oct 9, 2004

Mr. Speaker, I thank the chairman very much for yielding me this time, and Florida cannot thank him enough for his hard work and dedication to our State. On military issues, or just name the range of…

Allen Boyd
Rep. Allen BoydD-FL-2 · Oct 6, 2004

Mr. Speaker, I want to thank my friend, my colleague, the gentleman from Florida (Mr. Hastings), for yielding me this time. Mr. Speaker, I want us all to take a deep breath and remind ourselves of…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Oct 6, 2004

Mr. Chairman, I rise in appreciation for the work of the gentleman from Florida (Chairman Young) and the gentleman from Wisconsin (Ranking Member Obey) in responding to the crisis in Florida, but I…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Oct 6, 2004

Mr. Chairman, first, I thank the distinguished Gentleman (Mr. Hastings) for yielding and for his leadership on the Rules Committee. The funding level for hurricane-ravaged Caribbean countries is…

Bill Text

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Introduced in HouseIssued October 6, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5227 Introduced in House (IH)]

2d Session
H.R. 5227

Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, for additional disaster assistance relating to
natural disasters, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 6, 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, 2005, for additional disaster assistance relating to
natural disasters, 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 natural disasters, and for other purposes,
namely:

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

emergency conservation program

For an additional amount for ``Emergency Conservation Program'',
for expenses resulting from natural disasters, $175,000,000, to remain
available until expended: Provided, 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.

Natural Resources Conservation Service

emergency watershed protection program

For an additional amount for ``Emergency Watershed Protection
Program'' to repair damages to the waterways and watersheds resulting
from natural disasters, $310,000,000, to remain available until
expended: Provided, 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.

Rural Development

rural community advancement program

For an additional amount for the ``Rural Community Advancement
Program'', $68,000,000, to remain available until expended: Provided,
That $50,000,000 shall be available for water and waste disposal grants
described in section 381E(d)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d): Provided further, That $18,000,000
shall be available for community facility grants described in
381E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009d): Provided 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.

Rural Housing Service

rural housing insurance fund program account

For additional gross obligations for the principal amount of direct
loans as authorized by title V of the Housing Act of 1949, to be
available from funds in the rural housing insurance fund, $17,000,000
for section 504 housing repair loans: Provided, That this loan level
shall be considered an estimate and not a limitation.
For the additional cost of direct loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974: section 504 housing repair loans, $5,000,000, to remain
available until expended: Provided, 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.

rural housing assistance grants

For an additional amount for ``Rural Housing Assistance Grants'',
$13,000,000, to remain available until expended, of which $8,000,000
shall be for grants and contracts for very low-income housing repair,
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and
of which $5,000,000 shall be for domestic farm labor housing grants and
contracts, as authorized by 42 U.S.C. 1486: Provided, 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.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 101. Agricultural Hurricane Assistance. (a) Crop Disaster
Assistance.--
(1)(A) The Secretary of Agriculture shall use such sums as
are necessary to make emergency financial assistance available
to producers on a farm in the United States, including Puerto
Rico, that have incurred qualifying losses for the 2004 or 2005
crop of an agricultural commodity (other than sugar) due to
damaging weather related to any hurricane or tropical storm of
the 2004 hurricane season or related condition, in counties
declared disaster areas by the President of the United States.
(B) The Secretary shall make assistance available under
this section in the same manner as provided under section 202
of Public Law 108-7, including using the same loss thresholds
as were used in administering that section.
(2)(A) The payment rate for a crop for assistance provided
under this section to the producers on a farm shall be
calculated as follows:
(i) If the producers obtained a policy or plan of
insurance, including a catastrophic risk protection
plan, for the crop under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.), 65 percent of the established
RMA price for the crop.
(ii) If a policy or plan of insurance, including a
catastrophic risk protection plan, for the crop was not
available to the producers under the Federal Crop
Insurance Act, 65 percent of the State average price
for the crop.
(iii) Subject to paragraphs 3 and 4, if the
producers did not obtain a policy or plan of insurance,
including a catastrophic risk protection plan,
available for the crop under the Federal Crop Insurance
Act, 60 percent of the established RMA price for the
crop.
(B) Persons that received payments from section 32 of the
Act of August 24, 1935 with respect to 2004 hurricane crop
losses are not eligible for payments under this section.
(C)(i) Assistance provided under this section to a producer
for losses to a crop, together with the amounts specified in
clause (ii) 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.
(ii) In applying the limitation in clause (i), 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.
(iii) Payments shall be limited to a maximum of $80,000 per
producer.
(3) Except as provided in paragraph (4), the producers on a
farm shall not be eligible for assistance under this section
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 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 for the crop incurring the losses; or
(C) had adjusted gross incomes, as defined by
section 1001D of the Food Security Act of 1985, of
greater than $2,500,000 in 2003; or
(D) were not in compliance with highly erodible
land conservation and wetland conservation provisions.
(4) The Secretary may waive paragraphs (3)(A) and (B) 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 providing additional coverage for
the insurable commodity for each of the next two crop
years; 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 two crops
under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996.
(5) In the event of the violation of a contract under
paragraph (4) by a producer, the producer shall reimburse the
Secretary for the full amount of the assistance provided to the
producer under this section.
(6) Definitions.--In this subsection:
(A) The term ``additional coverage'' has the
meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(B) 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.
(C) The term ``noninsurable commodity'' means an
eligible crop 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.
(b) Section 32 Payments.--The Secretary shall provide $90,000,000
to the fund established by section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), to make payments with respect to 2004 hurricane losses.
(c) The issuance of regulations shall be made without regard to:
(1) the notice and comment provisions of section 553 of title 5, United
States Code; (2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in rulemaking;
and (3) chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''): Provided, That in carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
(d) The Secretary, acting through the Farm Service Agency, may use
not more than $4,000,000 to cover administrative expenses associated
with the implementation of sections 101 and 102 of this chapter.
Sec. 102. The Secretary of Agriculture shall use $40,000,000 to
make payments to processors in Florida that are eligible to obtain a
loan under section 156(a) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors
and producers for crop and other losses that are related to hurricanes,
tropical storms, excessive rains, and floods in Florida during calendar
year 2004, to be calculated and paid on the basis of losses on 40 acre
harvesting units, in counties declared a disaster by the President of
the United States in 2004 due to hurricanes, on the same terms and
conditions, to the extent practicable, as the payments made under
section 207 of the Agricultural Assistance Act of 2003 (Public Law 108-
7).
Sec. 103. The Secretary of Agriculture shall use $10,000,000 to
make payments to dairy producers for dairy production losses, and dairy
spoilage losses in counties declared a disaster by the President of the
United States in 2004 due to hurricanes.
Sec. 104. (a) The Secretary of Agriculture shall use $23,000,000 to
provide assistance under the Tree Assistance Program, subtitle C of
title X of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8201 et. seq.), to tree-fruit growers in counties declared a disaster
by the President of the United States in 2004 in the States of New York
and North Carolina who suffered tree losses.
(b) The Secretary of Agriculture shall use $8,500,000 to provide
assistance under the tree assistance program established under subtitle
C of title X of the Farm Security and Rural Investment Act of 2002 to
pecan producers in counties declared a disaster by the President of the
United States who suffered tree loss or damage due to damaging weather
related to any hurricane or tropical storm of the 2004 hurricane
season: Provided, That the funds made available under this section
shall also be made available to cover costs associated with pruning,
rehabilitating, and other appropriate activities as determined by the
Secretary.
Sec. 105. The Secretary of Agriculture shall use $10,000,000 to
provide assistance to producers and first handlers of the 2004 crop of
cottonseed located in counties declared a disaster by the President of
the United States in 2004 due to hurricanes.
Sec. 106. (a) The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out section
101, 102, 103, 104, and 105 of this chapter, to remain available until
expended.
(b) The amounts provided under sections 101, 102, 103, 104, and 105
in this chapter 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.
Sec. 107. (a) Rural Community Advancement Program.--The communities
in Burlington and Camden Counties in New Jersey, affected by the flood
which occurred on July 12, 2004, are deemed to be rural areas during
fiscal year 2005 for purposes of subtitle E of the Consolidated Farm
and Rural Development Act. Any limitations under subtitle E of the
Consolidated Farm and Rural Development Act that are based on the
income of families shall not apply during fiscal year 2005 with respect
to such communities, or to businesses or families residing in such
communities.
(b) Rural Housing Insurance Fund and Rural Housing Assistance
Grants.--The communities referred to in subsection (a) are deemed to be
rural areas during fiscal year 2005 for purposes of the direct and
guaranteed loan programs under title V of the Housing Act of 1949 and
the grant programs under sections 504, 509(c), 525, and 533 of such
title V. Any limitations under title V of the Housing Act of 1949 that
are based on the income of families shall not apply during fiscal year
2005 with respect to such communities or to families residing in such
communities.
Sec. 108. The Secretary of Agriculture shall provide financial and
technical assistance to repair, and if necessary, replace Hope Mills
Dam, Cumberland County, North Carolina, in accordance with the dam
safety standards of the state of North Carolina: Provided, That from
within the funds provided in this chapter for the Emergency Watershed
Protection program of the Natural Resources Conservation Service
$1,600,000 is provided for this purpose.
Sec. 109. 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 $8,386,000,000 for the period of
fiscal years 2005 through 2014''.

CHAPTER 2

DEPARTMENT OF JUSTICE

Federal Prison System

salaries and expenses

For an additional amount for ``Salaries and Expenses'', $5,500,000,
to remain available until September 30, 2005 for emergency hurricane-
related expenses: Provided, That such amount is 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.

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 such amount is 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 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 September 30, 2006:
Provided, That such amount is 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.

procurement, acquisition and construction

For an additional amount for ``Procurement, Acquisition and
Construction'', $3,800,000, to remain available until September 30,
2007: Provided, That such amount is 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.

SMALL BUSINESS ADMINISTRATION

Disaster Loans Program Account

For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans, $501,000,000, 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, $428,000,000, 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:
Provided 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 3

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE--MILITARY

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Army'',
$8,600,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs
incurred in fiscal year 2004: Provided, That such amount is 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.

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Navy'',
$458,000,000, for emergency hurricane and other natural disaster-
related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That such amount is
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.

Operation and Maintenance, Marine Corps

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,300,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is 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.

Operation and Maintenance, Air Force

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Air
Force'', $165,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is 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.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $100,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That the
Secretary of Defense may transfer these funds to appropriations for
military personnel; operation and maintenance; the Defense Health
Program; and working capital funds: Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund 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 upon a determination that all or part
of the funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred back to
this appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation: Provided
further, That such amount is 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.

Operation and Maintenance, Army Reserve

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Army
Reserve'', $1,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is 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.

Operation and Maintenance, Navy Reserve

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $1,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is 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.

Operation and Maintenance, Air Force Reserve

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $2,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is 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.

Operation and Maintenance, Army National Guard

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Army
National Guard'', $10,500,000, for emergency hurricane and other
natural disaster-related expenses, which shall be available for
transfer to reimburse costs incurred in fiscal year 2004: Provided,
That such amount is 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.

Operation and Maintenance, Air National Guard

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Air
National Guard'', $2,200,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is 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.

PROCUREMENT

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air Force'',
$2,500,000, to remain available until September 30, 2007, for emergency
hurricane and other natural disaster-related expenses, which shall be
available for transfer to reimburse costs incurred in fiscal year 2004:
Provided, That such amount is 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.

Procurement, Defense-Wide

(including transfer of funds)

For an additional amount for ``Procurement, Defense-Wide'',
$140,000,000, to remain available until September 30, 2007, for
emergency hurricane and other natural disaster-related expenses, which
shall be available for transfer to reimburse costs incurred in fiscal
year 2004, 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 the
Secretary of Defense may transfer these funds to appropriations for
operation and maintenance; procurement; and research, development, test
and evaluation: Provided further, That funds transferred shall be
merged with and be available for the same purposes and for the same
time period as the appropriation or fund 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 upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation: Provided
further, That not less than $10,500,000 shall be transferred to
``Aircraft Procurement, Air Force'' for the procurement of WC-130
Hurricane Tracking Equipment: Provided further, That not less than
$10,000,000 shall be transferred to ``Missile Procurement, Air Force'',
and not less than $10,000,000 shall be transferred to ``Other
Procurement, Air Force'' for costs associated with delayed satellite
launches: Provided further, That not less than $18,700,000 shall be
transferred to ``Other Procurement, Air Force'' for Continuity of
Operations equipment procurement at Headquarters United States Central
Command: Provided further, That not less than $20,000,000 shall be
available only for replacement of laboratory and test range equipment
at Eglin Air Force Base: Provided further, That such amount is
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.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

(including transfer of funds)

For an additional amount for ``Defense Working Capital Funds'',
$4,100,000, for emergency hurricane and other natural disaster-related
expenses, and which shall be available for transfer to reimburse costs
incurred in fiscal year 2004: Provided, That such amount is 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.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

(including transfer of funds)

For an additional amount for ``Defense Health Program'',
$12,000,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs
incurred in fiscal year 2004: Provided, That such amount is 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.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 301. Appropriations provided in this chapter are available for
obligation until September 30, 2005, unless otherwise so provided in
this chapter.
Sec. 302. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, 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).
Sec. 303. Unless specifically enumerated elsewhere in this chapter,
none of the funds provided in this chapter may be used to finance
programs or activities denied by Congress in fiscal years 2004 and 2005
defense appropriations, or to initiate a procurement or research,
development, test and evaluation new start program without prior
notification to the congressional defense committees.
Sec. 304. Section 8007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287); 118 Stat. 970), is amended by striking
the words ``in session''.
Sec. 305. Section 8090(b) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 992), is
amended by striking ``$185,000,000'', and inserting ``$190,000,000''.

(transfer of funds)

Sec. 306. Upon his determination that such action is necessary in
the national interest to address emergency hurricane and other natural
disaster-related expenses, the Secretary of Defense may transfer
between appropriations up to $200,000,000 of the funds made available
to the Department of Defense in this chapter: Provided, That the
Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in section 8005 of
the Department of Defense Appropriations Act, 2005 (Public Law 108-
287): Provided further, That such amount is 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.
Sec. 307. Section 9010(b) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008; 10 U.S.C.
113 note), is amended by striking ``section 12304'' in paragraphs (7)
and (8) and inserting ``section 12302''.

(including transfer of funds)

Sec. 308. Technical Adjustments to Public Law 108-287.
Notwithstanding any other provision in law, the following adjustments
and transfers shall apply to funds previously made available and to
restrictions in the Department of Defense Appropriations Act, 2005
(Public Law 108-287):
(1) Armored passenger vehicles.--Under the heading, ``Other
Procurement, Army'', strike ``purchase of 1 vehicle'' and
insert ``purchase of 21 vehicles'', and under the heading,
``Other Procurement, Army'', strike ``not to exceed $200,000''
and insert ``not to exceed $275,000'': Provided, That any
purchases under the authority of this section in excess of one
vehicle may only be in direct support of force protection
requirements.
(2) Transfer of funds.--Upon enactment of this Act, the
Secretary of Defense shall make the following transfer of
funds: Provided, That the amounts transferred shall be made
available for the same purpose and the same time period as the
appropriation to which transferred: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That all such amounts in this section 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 amounts shall be transferred
between the following appropriations, in the amounts specified:
To:
Under the heading, ``Research, Development,
Test and Evaluation, Defense-Wide, 2005/2006'',
$5,950,000;
From:
Under the heading, ``Operation and
Maintenance, Army'', $5,950,000.
To:
Under the heading, ``Procurement, Marine
Corps, 2005/2007'', as provided in title IX of
Public Law 108-287, $7,000,000;
From:
Under the heading, ``Operation and
Maintenance, Marine Corps'', as provided in
title IX of Public Law 108-287, $7,000,000.
To:
The Department of Veterans Affairs, under
the heading, ``Medical Services'', $500,000;
From:
Under the heading, ``Defense Health
Program'', Operation and Maintenance, $500,000.
To:
Under the heading, ``Operation and
Maintenance, Army National Guard'', $1,400,000;
From:
Under the heading, ``Operation and
Maintenance, Army'', $1,400,000.
(3) Section 9014 authorities.--The authority provided in
section 9014 of the Department of Defense Appropriations Act,
2005 (Public Law 108-287; 118 Stat. 1009), shall apply with
respect to the period beginning on June 29, 2003, and ending on
August 4, 2004, in addition to the period of applicability
provided pursuant to section 9001 of that Act.
Sec. 309. Section 9007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287), is amended by striking
``$300,000,000'', and inserting ``$500,000,000''.
Sec. 310. Section 9006 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287), is amended by striking ``New Iraqi
Army'', and inserting ``Iraqi Armed Forces, to include the Iraqi
National Guard''.

CHAPTER 4

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

general investigations

For an additional amount for ``General Investigations'' for
emergency expenses for the update of studies necessitated by storm
damage to shore protection projects, $400,000, to remain available
until expended: Provided, That such amount is 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.

construction, general

For an additional amount for ``Construction, General'' for
emergency expenses for repair of storm damage for authorized shore
protection projects and assessment of project performance of such
projects, $62,600,000, to remain available until expended: Provided,
That such amount is 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, 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'' for emergency expenses for levee and revetment
repair and for emergency dredging, $6,000,000, to remain available
until expended: Provided, That such amount is 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.

operation and maintenance, general

For an additional amount for ``Operation and Maintenance, General''
for emergency expenses for repair of storm damage to authorized
projects, $175,000,000, to remain available until expended: Provided,
That such amount is 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'' for emergency expenses for repair of damage to flood
control and hurricane shore protection projects by storms and other
natural disasters, $148,000,000, to remain available until expended:
Provided, That such amount is 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

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States 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 September 30,
2005: Provided, That funds appropriated by this paragraph shall be
available to respond to the disasters caused by hurricanes and tropical
storms in the Caribbean region: Provided further, That such amount is
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
funds appropriated by this paragraph shall be available notwithstanding
section 10 of Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956.

CHAPTER 6

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, $33,367,310, 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'', $6,500,000,000,
to remain available until expended: Provided, That such amount is
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

DEPARTMENT OF THE INTERIOR

United States Fish and Wildlife Service

construction

For an additional amount for ``Construction'', $50,352,000, to
remain available until expended, to address damages from natural
disasters: Provided, That such amount is 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'', $50,802,000, to
remain available until expended, to address damages from natural
disasters: Provided, That such amount is 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.

United States Geological Survey

surveys, investigations, and research

For an additional amount for ``Surveys, Investigations, and
Research'', $3,000,000, to remain available until expended: Provided,
That such amount is 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.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

Forest Service

state and private forestry

For an additional amount for ``State and Private Forestry'',
$49,100,000, to remain available until expended, to address damages
from natural disasters: Provided, That such amount is 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 forest system

For an additional amount for ``National Forest System'',
$12,153,000, to remain available until expended, to address damages
from natural disasters: Provided, That such amount is 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.

wildland fire management

For an additional amount for ``Wildland Fire Management'',
$1,028,000, to remain available until expended, to address damages from
natural disasters: Provided, That such amount is 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.

capital improvement and maintenance

For an additional amount for ``Capital Improvement and
Maintenance'', $50,815,000, to remain available until expended, to
address damages from natural disasters: Provided, That such amount is
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 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 such amount is 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 9

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy and
Marine Corps'', $138,800,000, to remain available until September 30,
2007 for emergency expenses resulting from natural disasters: Provided,
That such amount is 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 notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That none of these funds may be obligated for new
construction projects until fourteen days after the Secretary of the
Navy provides a notification that describes the project, including the
form 1391, to the Subcommittee on Military Construction of the
Committee on Appropriations and the Committee on Armed Services of both
Houses of Congress.

Military Construction, Army Reserve

For an additional amount for ``Military Construction, Army
Reserve'', $8,700,000, to remain available until September 30, 2007 for
emergency expenses resulting from natural disasters: Provided, That
such amount is 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 notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and design
and military construction projects not otherwise authorized by law.

Family Housing Operation and Maintenance, Army

For an additional amount for ``Family Housing Operation and
Maintenance, Army'', $1,200,000, to remain available until September
30, 2005 for emergency expenses resulting from natural disasters:
Provided, That such amount is 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.

Family Housing Operation and Maintenance, Navy and Marine Corps

For an additional amount for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'', $9,100,000, to remain available
until September 30, 2005 for emergency expenses resulting from natural
disasters: Provided, That such amount is 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.

Family Housing Operation and Maintenance, Air Force

For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $11,400,000, to remain available until
September 30, 2005 for emergency expenses resulting from natural
disasters: Provided, That such amount is 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.

Base Realignment and Closure Account

For an additional amount to be deposited into the Department of
Defense Base Closure Account 1990, $50,000, to remain available until
September 30, 2005 for emergency expenses resulting from natural
disasters: Provided, That such amount is 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 10

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

facilities and equipment

(airport and airway trust fund)

For an additional amount for ``Facilities and Equipment'', for
expenses resulting from the recent natural disasters in the
southeastern United States, $5,100,000, to be derived from the airport
and airway trust fund and to remain available until expended: Provided,
That such amount is 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.

grants-in-aid for airports

(airport and airway trust fund)

For emergency capital costs to repair or replace public use
facilities at public use airports listed in the Federal Aviation
Administration's National Plan of Integrated Airport Systems resulting
from damage from hurricanes Charley, Frances, Ivan, and Jeanne, to
enable the Federal Aviation Administrator to compensate airports for
such costs, $25,000,000, to be derived from the airport and airway
trust fund and to remain available until expended: Provided, That such
amount is 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.

Federal Highway Administration

federal-aid highways

emergency relief program

(highway trust fund)

(including rescission of contract authorization)

For an additional amount for the Emergency Relief Program, as
authorized by 23 U.S.C. 125, $1,550,000,000, for emergency expenses to
respond to natural disasters or catastrophic failures from external
causes, to be derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended: 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
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: Provided further, That, of the unobligated
balances of funds apportioned to each State under the programs
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),
1101(a)(4), and 1101(a)(5) of Public Law 105-178, as amended,
$1,063,000,000 are hereby rescinded.

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, Ivan, and Jeanne, 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 such amount is 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 11

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

medical services

For an additional amount for ``Medical services'' for expenses
related to recent natural disasters in the Southeast, $38,283,000, 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 recent natural disasters in the Southeast,
$1,940,000, 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 recent natural disasters in the Southeast, $46,909,000, 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.

Departmental Administration

general operating expenses

For an additional amount for ``General operating expenses'', for
expenses related to recent natural disasters in the Southeast,
$545,000, 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.

national cemetery administration

For an additional amount for ``National Cemetery Administration'',
for expenses related to recent natural disasters in the Southeast,
$50,000, 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.

construction, minor projects

For an additional amount for ``Construction, minor projects'', for
expenses related to recent natural disasters in the Southeast,
$36,343,000, 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.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

For an additional amount for ``Community development block grants'',
as authorized under title I of the Housing and Community Development
Act of 1974 (Act), for use only for disaster relief, long-term
recovery, and mitigation in communities affected by disasters
designated by the President during fiscal year 2004, 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 all funds under this
heading shall be awarded by the Secretary to states (including Indian
tribes for all purposes under this heading) to be administered by each
state in conjunction with its community development block grants
program: Provided further, That notwithstanding 42 U.S.C. 5306(d)(2),
states are authorized to provide such assistance to entitlement
communities: Provided further, That in administering these funds, 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: Provided further, That the Secretary may waive the
requirements that activities benefit persons of low and moderate
income, except that at least 50 percent of the funds under this heading
must benefit primarily persons of low and moderate income unless the
Secretary makes a finding of compelling need: 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: Provided further, That
any project or activity underway prior to a Presidential disaster
declaration may not receive funds under this heading unless the
disaster directly impacted the project: Provided further, That each
state shall provide not less than 25 percent in non-Federal public
matching funds or its equivalent value (other than administrative
costs) for any funds allocated to the state under this heading.

INDEPENDENT AGENCIES

National Aeronautics and Space Administration

space flight capabilities

For an additional amount for ``Space flight capabilities'', to
repair assets damaged and take other emergency measures due to the
effects of hurricanes and other disasters declared by the President,
$185,000,000, 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.

GENERAL PROVISION--THIS CHAPTER

Sec. 1101. From funds that are available in the unobligated
balances of any funds appropriated under ``Medical services'', for
fiscal year 2004, the Secretary of Veterans Affairs may transfer up to
$125,000,000 to ``General operating expenses'' for costs associated
with processing claims where the basis of the entitlement is claimed
disability incurred as a result of a veteran's service, subject to a
determination by the Secretary of Veterans Affairs that such additional
funds are necessary.

CHAPTER 12

GENERAL PROVISION--THIS ACT

Sec. 1201. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Hurricane Disasters Assistance Act, 2005''.
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