[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4837 Enrolled Bill (ENR)]

        H.R.4837

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
  Making appropriations for military construction, family housing, and 
   base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Construction Appropriations 
and Emergency Hurricane Supplemental Appropriations Act, 2005''.

SEC. 2. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

       DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated for military construction, family 
housing, and base realignment and closure functions administered by the 
Department of Defense, for the fiscal year ending September 30, 2005, 
and for other purposes, namely:

                      Military Construction, Army


                         (including rescissions)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $1,981,084,000, to remain 
available until September 30, 2009: Provided, That of this amount, not 
to exceed $156,999,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Army'' under Public Law 107-249, 
$7,276,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Army'' under Public Law 107-
64; $3,924,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Army'' under Public Law 106-
246, $7,776,000 are rescinded.

              Military Construction, Navy and Marine Corps


                          (including rescission)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $1,069,947,000, to remain available until September 30, 
2009: Provided, That of this amount, not to exceed $90,830,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor: Provided 
further, That of the funds appropriated for ``Military Construction, 
Navy'' under Public Law 108-132, $24,000,000 are rescinded.

                    Military Construction, Air Force


                          (including rescission)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $866,331,000, to remain available until September 30, 2009: 
Provided, That of this amount, not to exceed $130,711,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor: Provided 
further, That of the funds appropriated for ``Military Construction, 
Air Force'' under Public Law, 108-106, $21,800,000 are rescinded.

                  Military Construction, Defense-Wide


              (including transfer of funds and rescissions)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$686,055,000, to remain available until September 30, 2009: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That of 
the amount appropriated, not to exceed $62,800,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Defense-Wide'' under 
Public Law 107-249, $16,737,000 are rescinded: Provided further, That 
of the funds appropriated for ``Military Construction, Defense-Wide'' 
under Public Law 107-64, $6,000,000 are rescinded.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $446,748,000, to remain available until September 
30, 2009.

               Military Construction, Air National Guard


                          (including rescission)

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $243,043,000, to remain available until September 
30, 2009: Provided, That of the funds appropriated for ``Military 
Construction, Air National Guard'' under Public Law 108-132, $5,000,000 
are rescinded.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $92,377,000, to 
remain available until September 30, 2009.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $44,246,000, to remain available until September 
30, 2009.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $123,977,000, to 
remain available until September 30, 2009.

                   North Atlantic Treaty Organization

                      Security Investment Program


                          (including rescission)

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $165,800,000, to remain available until expended: 
Provided, That of the funds appropriated for ``North Atlantic Treaty 
Organization Security Investment Program'' under Public Law 108-132, 
$5,000,000 are rescinded.

                   Family Housing Construction, Army


                          (including rescission)

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $636,099,000, to remain available 
until September 30, 2009: Provided, That of the funds appropriated for 
``Family Housing Construction, Army'' under Public Law 107-249, 
$21,000,000 are rescinded.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $926,507,000.

           Family Housing Construction, Navy and Marine Corps


                         (including rescissions)

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $139,107,000, to 
remain available until September 30, 2009: Provided, That of the funds 
appropriated for ``Family Housing Construction, Navy and Marine Corps'' 
under Public Law 108-132, $6,737,000 are rescinded: Provided further, 
That of the funds appropriated for ``Family Housing Construction, Navy 
and Marine Corps'' under Public Law 107-64, $5,564,000 are rescinded.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $696,304,000.

                 Family Housing Construction, Air Force


                         (including rescissions)

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $846,959,000, to remain available 
until September 30, 2009: Provided, That of the funds appropriated for 
``Family Housing Construction, Air Force'' under Public Law 108-132, 
$6,000,000 are rescinded: Provided further, That of the funds 
appropriated for ``Family Housing Construction, Air Force'' under 
Public Law 107-64, $25,720,000 are rescinded: Provided further, That of 
the funds appropriated for ``Family Housing Construction, Air Force'' 
under Public Law 106-246, $13,451,000 are rescinded.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $853,384,000.

               Family Housing Construction, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $49,000, to remain 
available until September 30, 2009.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $49,575,000.

         Department of Defense Family Housing Improvement Fund


                         (including rescissions)

    For the Department of Defense Family Housing Improvement Fund, 
$2,500,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities: Provided, That of 
the funds appropriated for ``Department of Defense Family Housing 
Improvement Fund'' under Public Law 108-132, $8,301,000 are rescinded: 
Provided further, That of the funds appropriated for ``Department of 
Defense Family Housing Improvement Fund'' under Public Law 107-249, 
$10,808,000 are rescinded.

          Chemical Demilitarization Construction, Defense-Wide


                      (including transfer of funds)

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), 
and for the destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, as currently authorized by law, 
$81,886,000, to remain available until September 30, 2009: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction as the 
Secretary may designate, to be merged with and to be available for the 
same purposes, and for the same time period, as the appropriation to 
which transferred.

                  Base Realignment and Closure Account

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $246,116,000, to remain 
available until expended.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds made available in this Act shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense.
    Sec. 104. None of the funds made available in this Act may be used 
to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105. None of the funds made available in this Act shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or his designee; (3) where the estimated value is 
less than $25,000; or (4) as otherwise determined by the Secretary of 
Defense to be in the public interest.
    Sec. 106. None of the funds made available in this Act shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Military Construction 
Appropriations Acts.
    Sec. 107. None of the funds made available in this Act for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108. None of the funds made available in this Act may be used 
for the procurement of steel for any construction project or activity 
for which American steel producers, fabricators, and manufacturers have 
been denied the opportunity to compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds made available in this Act may be used 
to initiate a new installation overseas without prior notification to 
the Committees on Appropriations of both Houses of Congress.
    Sec. 111. None of the funds made available in this Act may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any NATO member country, or in countries bordering the Arabian Sea, 
unless such contracts are awarded to United States firms or United 
States firms in joint venture with host nation firms.
    Sec. 112. None of the funds made available in this Act for military 
construction in the United States territories and possessions in the 
Pacific and on Kwajalein Atoll, or in countries bordering the Arabian 
Sea, may be used to award any contract estimated by the Government to 
exceed $1,000,000 to a foreign contractor: Provided, That this section 
shall not be applicable to contract awards for which the lowest 
responsive and responsible bid of a United States contractor exceeds 
the lowest responsive and responsible bid of a foreign contractor by 
greater than 20 percent: Provided further, That this section shall not 
apply to contract awards for military construction on Kwajalein Atoll 
for which the lowest responsive and responsible bid is submitted by a 
Marshallese contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000.
    Sec. 114. Not more than 20 percent of the funds made available in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last 2 months of the fiscal year.


                           (transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.
    Sec. 118. The Secretary of Defense is to provide the Committees on 
Appropriations of both Houses of Congress with an annual report by 
February 15, containing details of the specific actions proposed to be 
taken by the Department of Defense during the current fiscal year to 
encourage other member nations of the North Atlantic Treaty 
Organization, Japan, Korea, and United States allies bordering the 
Arabian Sea to assume a greater share of the common defense burden of 
such nations and the United States.


                           (transfer of funds)

    Sec. 119. In addition to any other transfer authority available to 
the Department of Defense, proceeds deposited to the Department of 
Defense Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(Public Law 100-526) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.


                           (transfer of funds)

    Sec. 120. Subject to 30 days prior notification to the Committees 
on Appropriations of both Houses of Congress, such additional amounts 
as may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169, title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.
    Sec. 121. None of the funds made available in this Act may be 
obligated for Partnership for Peace Programs in the New Independent 
States of the former Soviet Union.
    Sec. 122. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress the 
notice described in subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
        (A) the closure or realignment of the installation for which 
    housing is provided under the contract;
        (B) a reduction in force of units stationed at such 
    installation; or
        (C) the extended deployment overseas of units stationed at such 
    installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.


                           (transfer of funds)

    Sec. 123. In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the account 
established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund established 
by section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated 
with the Homeowners Assistance Program. Any amounts transferred shall 
be merged with and be available for the same purposes and for the same 
time period as the fund to which transferred.
    Sec. 124. Notwithstanding this or any other provision of law, funds 
made available in this Act for operation and maintenance of family 
housing shall be the exclusive source of funds for repair and 
maintenance of all family housing units, including general or flag 
officer quarters: Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any general or flag 
officer quarters without 30 days prior notification to the appropriate 
Committees on Appropriations of both Houses of Congress, except that an 
after-the-fact notification shall be submitted if the limitation is 
exceeded solely due to costs associated with environmental remediation 
that could not be reasonably anticipated at the time of the budget 
submission: Provided further, That the Under Secretary of Defense 
(Comptroller) is to report annually to the Committees on Appropriations 
of both Houses of Congress all operation and maintenance expenditures 
for each individual general or flag officer quarters for the prior 
fiscal year.
    Sec. 125. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 126. None of the funds made available in this Act under the 
heading ``North Atlantic Treaty Organization Security Investment 
Program'', and no funds appropriated for any fiscal year before fiscal 
year 2005 for that program that remain available for obligation, may be 
obligated or expended for the conduct of studies of missile defense.
    Sec. 127. Section 128(b)3(A) of Public Law 108-132 is amended by 
striking the words ``December 31, 2004'' and replacing with ``August 
15, 2005''.
    Sec. 128. Whenever the Secretary of Defense or any other official 
of the Department of Defense is requested by the Subcommittee on 
Military Construction of the Committee on Appropriations of either 
House of Congress to respond to a question or inquiry submitted by the 
chairman or another member of that subcommittee pursuant to a 
subcommittee hearing or other activity, the Secretary (or other 
official) shall respond to the request, in writing, within 21 days of 
the date on which the request is transmitted to the Secretary (or other 
official).
    Sec. 129. Amounts contained in the Ford Island Improvement Account 
established under 10 U.S.C. 2814(h) are appropriated and shall be 
available until expended for the purposes specified in 10 U.S.C. 
2814(i)(1) or until transferred pursuant to the provisions of 10 U.S.C. 
2814(i)(3).
    Sec. 130. The fitness center at Homestead Air Reserve Base, 
Florida, shall be known and designated as the ``Sam Johnson Fitness 
Center''. Any reference to such facility in any law, regulation, map, 
document, record, or other paper of the United States shall be 
considered to be a reference to the Sam Johnson Fitness Center.
    Sec. 131. (a) Transfer of Certain Excess Property at Fort Hunter 
Liggett, California.--
        (1) Notwithstanding any other provision of law, whenever the 
    Secretary of the Army determines that any portion of real property 
    consisting of approximately 165,000 acres at Fort Hunter Liggett, 
    California, is excess to the military needs of the Army, and the 
    Secretary of Defense concurs that the property is not needed to 
    meet other Department of Defense requirements, the Secretary of the 
    Army shall first offer the property to the Secretary of 
    Agriculture.
        (2) If the Secretary of Agriculture determines, pursuant to 
    negotiations with the Secretary of the Army, to accept the property 
    offered under paragraph (1), the Secretary of the Army shall 
    transfer administrative jurisdiction of such property to the 
    Secretary of Agriculture.
    (b) Management of Transferred Property.--
        (1) The Secretary of Agriculture shall manage any property 
    transferred under subsection (a) as part of the National Forest 
    System under the Act of March 1, 1911 (commonly known as ``Weeks 
    Law'') (16 U.S.C. 480 et seq.), and other laws relating to the 
    National Forest System.
        (2) Any property managed under paragraph (1) shall be subject 
    to the concurrent jurisdiction of the State of California.
    (c) Adjustment of Boundaries.--
        (1) Effective upon the transfer of property under subsection 
    (a), the boundaries of Los Padres National Forest shall be modified 
    to incorporate such property. The Chief of the United States Forest 
    Service shall file and make available for public inspection in the 
    Office of the Chief of the United States Forest Service in 
    Washington, District of Columbia, a map reflecting any modification 
    of the boundaries of Los Padres National Forest pursuant to the 
    preceding sentence.
        (2) Any property incorporated within the boundaries of Los 
    Padres National Forest under this section shall be deemed to have 
    been within the boundaries of Los Padres National Forest as of 
    January 1, 1965, for purposes of section 7(a) of the Land and Water 
    Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)).
    (d) Environmental Matters.--As part of the transfer of property 
under subsection (a), the Secretary of the Army shall perform, in 
accordance with the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), all environmental 
remediation actions necessary to respond to environmental contamination 
or injury to natural resources attributable to former military 
activities on the property.
    Sec. 132. Unless stated otherwise, all reports and notifications 
required by division A shall be submitted to the Subcommittee on 
Military Construction of the Committee on Appropriations of each House 
of Congress.
    This division may be cited as the ``Military Construction 
Appropriations Act, 2005''.

    DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HURRICANE 
                     DISASTERS ASSISTANCE ACT, 2005

                                 An Act


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

    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, $100,000,000, 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, $250,000,000, 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 
as authorized by 7 U.S.C. 1926(a): Provided further, That $18,000,000 
shall be for the cost of community facility direct loans and grants as 
authorized by 7 U.S.C. 1926(a): Provided further, That loans and grants 
under this heading shall be available for projects in communities 
affected by hurricanes and tropical storms in calendar year 2003 or 
2004: Provider 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 such loans shall only be 
available for projects in communities affected by hurricanes and 
tropical storms in calendar year 2003 or 2004: 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 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 of the funds 
made available for domestic farm labor housing grants, the Secretary 
may use up to $3,000,000 to provide grants authorized under 42 U.S.C. 
5177a(a): Provided further, That such grants and contracts under this 
heading shall only be available for projects in communities affected by 
hurricanes and tropical storms in calendar year 2003 or 2004: 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.

                    GENERAL PROVISIONS--THIS CHAPTER

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)(1) of the 
        Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
            (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 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 (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 (other than producers of cottonseed or sugar 
    cane) that have incurred qualifying crop or quality losses for the 
    2003, 2004, or 2005 crop (as elected by a producer), but limited to 
    only one of the crop years listed, due to damaging weather or 
    related condition, as determined by the Secretary: Provided, That 
    qualifying crop losses for the 2005 crop are limited to only those 
    losses caused by a hurricane or tropical storm of the 2004 
    hurricane season in counties declared disaster areas by the 
    President of the United States: Provided further, That 
    notwithstanding the crop year election limitation in this 
    paragraph, $53,000,000 shall be provided to the Secretary of 
    Agriculture, of which $50,000,000 shall be for crop losses in the 
    Commonwealth of Virginia, and of which $3,000,000 shall be for 
    fruit and vegetable losses in the State of North Carolina: Provided 
    further, That these losses resulted from hurricanes, tropical 
    storms, and other weather related disasters that occurred during 
    calendar year 2003, to remain available until expended.
        (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;
            (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;
            (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.
        (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.--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 subsection.
    (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 
    sections 10203 and 10204 of the Farm Security and Rural Investment 
    Act of 2002 (7 U.S.C. 8203, 8204) 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).
        (3) Effect of florida disaster programs.--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.
    (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.).
    (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) That for purposes of the budget scoring guidance in effect for 
the Congress and the Executive branch respectively, and notwithstanding 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217, any savings from subsection (e) shall not be scored until 
fiscal year 2008.
    (g) 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.
    Sec. 102. The Secretary of Agriculture shall use $40,000,000, of 
which, $7,200,000 shall be provided to the State of Hawaii for 
assistance to an agricultural transportation cooperative in Hawaii, the 
members of which are eligible to participate in the Farm Service Agency 
administered Commodity Loan Program, and of which $32,800,000 shall be 
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. 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. 105. (a) The Secretary shall use the funds, facilities, and 
authorities of the Commodity Credit Corporation to carry out section 
101, 102, 103, 104, 108, 109, 110, and 111 of this chapter, to remain 
available until expended.
    (b) The amounts provided under sections 101, 102, 103, 104, 108, 
109, 110, and 111 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. 106. (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. 107. 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. 108. 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.
    Sec. 109. 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. 110. In addition to amounts provided in this Act for the tree 
assistance program, $10,000,000 shall be made available to the 
Secretary of Agriculture, to remain available until expended, to 
provide assistance to eligible private forest landowners owning not 
more than 5,000 acres of forest crop in counties declared Presidential 
disaster areas as a result of hurricane, tropical storm, or related 
events for the purposes of debris removal, replanting of timber, and 
other such purposes.
    Sec. 111. In addition to amounts provided in this Act for the tree 
assistance program, $8,500,000 shall be made available to the Secretary 
of Agriculture, to remain available until expended, 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.

                               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'', $16,900,000, to remain available until September 30, 
2006, of which $9,000,000 shall be for reseeding, rehabilitation and 
restoration of oyster reefs in Alabama, Florida, Louisiana, and 
Mississippi: 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''.


                           (TRANSFER OF FUNDS)

    Sec. 305. 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. 306. 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. 307. 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. 308. 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. 309. 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, $145,400,000, 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.


                  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.
    Sec. 401. For an additional amount to address drought conditions in 
the State of Nevada, $5,000,000 is provided to the Secretary of the 
Interior, acting through the Commissioner of the Bureau of Reclamation, 
for the Southern Nevada Water Authority for modification of the water 
intake at Lake Mead, 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.
    Sec. 402. For an additional amount to address storm damage, 
$10,000,000 is provided for the Secretary of the Army, acting through 
the Chief of Engineers, to repair, restore, and clean-up Corps projects 
and facilities; dredge navigation channels; restore and clean out area 
streams; provide emergency streambank protection; restore other crucial 
public infrastructure (including sewer and water facilities); document 
flood impacts; and undertake other flood recovery efforts deemed 
necessary and advisable by the Chief of Engineers for federally 
declared disaster areas in West Virginia, 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'', $40,552,000, 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'', $1,000,000, 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.


                     emergency assistance to 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)

    For an additional amount for ``Emergency Relief Program'', for 
emergency expenses resulting from 2004 Hurricanes Charley, Frances, 
Gaston, Ivan, and Jeanne, as authorized by 23 U.S.C. 125, 
$1,202,000,000, 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 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 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.

                   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, $46,909,000, to remain available 
until September 30, 2006: 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, $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, $36,343,000, to remain 
available until expended: Provided, That the amounts provided herein 
are designated as an emergency requirement pursuant to section 402 of 
S. Con. Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable to the 
Senate by section 14007 of Public Law 108-287.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                        COMMUNITY DEVELOPMENT FUND

    For an additional amount for ``Community development fund'', for 
activities authorized under title I of the Housing and Community 
Development Act of 1974, for use only for disaster relief, long-term 
recovery, and mitigation in communities affected by disasters 
designated by the President between August 31, 2003 and October 1, 
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 10 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

                    Environmental Protection Agency


                         Buildings and Facilities

    For an additional amount for ``Buildings and facilities'' for 
expenses related to recent natural disasters, $3,000,000, to remain 
available until September 30, 2006: 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 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, 
$126,000,000, to remain available until expended: Provided, That the 
amounts provided herein are designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287.

                    GENERAL PROVISION--THIS CHAPTER


                           (transfer of funds)

    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 division may be cited as the ``Emergency Supplemental 
Appropriations for Hurricane Disasters Assistance Act, 2005''.

                DIVISION C--ALASKA NATURAL GAS PIPELINE

SEC. 101. SHORT TITLE.

    This division may be cited as the ``Alaska Natural Gas Pipeline 
Act''.

SEC. 102. DEFINITIONS.

    In this division:
        (1) Alaska natural gas.--The term ``Alaska natural gas'' means 
    natural gas derived from the area of the State of Alaska lying 
    north of 64 degrees north latitude.
        (2) Alaska natural gas transportation project.--The term 
    ``Alaska natural gas transportation project'' means any natural gas 
    pipeline system that carries Alaska natural gas to the border 
    between Alaska and Canada (including related facilities subject to 
    the jurisdiction of the Commission) that is authorized under--
            (A) the Alaska Natural Gas Transportation Act of 1976 (15 
        U.S.C. 719 et seq.); or
            (B) section 103.
        (3) Alaska natural gas transportation system.--The term 
    ``Alaska natural gas transportation system'' means the Alaska 
    natural gas transportation project authorized under the Alaska 
    Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) and 
    designated and described in section 2 of the President's decision.
        (4) Commission.--The term ``Commission'' means the Federal 
    Energy Regulatory Commission.
        (5) Federal coordinator.--The term ``Federal Coordinator'' 
    means the head of the Office of the Federal Coordinator for Alaska 
    Natural Gas Transportation Projects established by section 106(a).
        (6) President's decision.--The term ``President's decision'' 
    means the decision and report to Congress on the Alaska natural gas 
    transportation system--
            (A) issued by the President on September 22, 1977, in 
        accordance with section 7 of the Alaska Natural Gas 
        Transportation Act of 1976 (15 U.S.C. 719e); and
            (B) approved by Public Law 95-158 (15 U.S.C. 719f note; 91 
        Stat. 1268).
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    Energy.
        (8) State.--The term ``State'' means the State of Alaska.

SEC. 103. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.

    (a) Authority of the Commission.--Notwithstanding the Alaska 
Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), the 
Commission may, in accordance with section 7(c) of the Natural Gas Act 
(15 U.S.C. 717f(c)), consider and act on an application for the 
issuance of a certificate of public convenience and necessity 
authorizing the construction and operation of an Alaska natural gas 
transportation project other than the Alaska natural gas transportation 
system.
    (b) Issuance of Certificate.--
        (1) In general.--The Commission shall issue a certificate of 
    public convenience and necessity authorizing the construction and 
    operation of an Alaska natural gas transportation project under 
    this section if the applicant has satisfied the requirements of 
    section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)).
        (2) Considerations.--In considering an application under this 
    section, the Commission shall presume that--
            (A) a public need exists to construct and operate the 
        proposed Alaska natural gas transportation project; and
            (B) sufficient downstream capacity will exist to transport 
        the Alaska natural gas moving through the project to markets in 
        the contiguous United States.
    (c) Expedited Approval Process.--Not later than 60 days after the 
date of issuance of the final environmental impact statement under 
section 104 for an Alaska natural gas transportation project, the 
Commission shall issue a final order granting or denying any 
application for a certificate of public convenience and necessity for 
the project under section 7(c) of the Natural Gas Act (15 U.S.C. 
717f(c)) and this section.
    (d) Prohibition of Certain Pipeline Route.--No license, permit, 
lease, right-of-way, authorization, or other approval required under 
Federal law for the construction of any pipeline to transport natural 
gas from land within the Prudhoe Bay oil and gas lease area may be 
granted for any pipeline that follows a route that--
        (1) traverses land beneath navigable waters (as defined in 
    section 2 of the Submerged Lands Act (43 U.S.C. 1301)) beneath, or 
    the adjacent shoreline of, the Beaufort Sea; and
        (2) enters Canada at any point north of 68 degrees north 
    latitude.
    (e) Open Season.--
        (1) In general.--Not later than 120 days after the date of 
    enactment of this Act, the Commission shall issue regulations 
    governing the conduct of open seasons for Alaska natural gas 
    transportation projects (including procedures for the allocation of 
    capacity).
        (2) Regulations.--The regulations referred to in paragraph (1) 
    shall--
            (A) include the criteria for and timing of any open 
        seasons;
            (B) promote competition in the exploration, development, 
        and production of Alaska natural gas; and
            (C) for any open season for capacity exceeding the initial 
        capacity, provide the opportunity for the transportation of 
        natural gas other than from the Prudhoe Bay and Point Thomson 
        units.
        (3) Applicability.--Except in a case in which an expansion is 
    ordered in accordance with section 105, initial or expansion 
    capacity on any Alaska natural gas transportation project shall be 
    allocated in accordance with procedures to be established by the 
    Commission in regulations issued under paragraph (1).
    (f) Projects in the Contiguous United States.--
        (1) In general.--An application for additional or expanded 
    pipeline facilities that may be required to transport Alaska 
    natural gas from Canada to markets in the contiguous United States 
    may be made in accordance with the Natural Gas Act (15 U.S.C. 717a 
    et seq.).
        (2) Expansion.--To the extent that a pipeline facility 
    described in paragraph (1) includes the expansion of any facility 
    constructed in accordance with the Alaska Natural Gas 
    Transportation Act of 1976 (15 U.S.C. 719 et seq.), that Act shall 
    continue to apply.
    (g) Study of In-State Needs.--The holder of the certificate of 
public convenience and necessity issued, modified, or amended by the 
Commission for an Alaska natural gas transportation project shall 
demonstrate that the holder has conducted a study of Alaska in-State 
needs, including tie-in points along the Alaska natural gas 
transportation project for in-State access.
    (h) Alaska Royalty Gas.--
        (1) In general.--Except as provided in paragraph (2), the 
    Commission, on a request by the State and after a hearing, may 
    provide for reasonable access to the Alaska natural gas 
    transportation project by the State (or State designee) for the 
    transportation of royalty gas of the State for the purpose of 
    meeting local consumption needs within the State.
        (2) Exception.--The rates of shippers of subscribed capacity on 
    an Alaska natural gas transportation project described in paragraph 
    (1), as in effect as of the date on which access under that 
    paragraph is granted, shall not be increased as a result of such 
    access.
    (i) Regulations.--The Commission may issue such regulations as are 
necessary to carry out this section.

SEC. 104. ENVIRONMENTAL REVIEWS.

    (a) Compliance With NEPA.--The issuance of a certificate of public 
convenience and necessity authorizing the construction and operation of 
any Alaska natural gas transportation project under section 103 shall 
be treated as a major Federal action significantly affecting the 
quality of the human environment within the meaning of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).
    (b) Designation of Lead Agency.--
        (1) In general.--The Commission--
            (A) shall be the lead agency for purposes of complying with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.); and
            (B) shall be responsible for preparing the environmental 
        impact statement required by section 102(2)(c) of that Act (42 
        U.S.C. 4332(2)(c)) with respect to an Alaska natural gas 
        transportation project under section 103.
        (2) Consolidation of statements.--In carrying out paragraph 
    (1), the Commission shall prepare a single environmental impact 
    statement, which shall consolidate the environmental reviews of all 
    Federal agencies considering any aspect of the Alaska natural gas 
    transportation project covered by the environmental impact 
    statement.
    (c) Other Agencies.--
        (1) In general.--Each Federal agency considering an aspect of 
    the construction and operation of an Alaska natural gas 
    transportation project under section 103 shall--
            (A) cooperate with the Commission; and
            (B) comply with deadlines established by the Commission in 
        the preparation of the environmental impact statement under 
        this section.
        (2) Satisfaction of nepa requirements.--The environmental 
    impact statement prepared under this section shall be adopted by 
    each Federal agency described in paragraph (1) in satisfaction of 
    the responsibilities of the Federal agency under section 102(2)(C) 
    of the National Environmental Policy Act of 1969 (42 U.S.C. 
    4332(2)(C)) with respect to the Alaska natural gas transportation 
    project covered by the environmental impact statement.
    (d) Expedited Process.--The Commission shall--
        (1) not later than 1 year after the Commission determines that 
    the application under section 103 with respect to an Alaska natural 
    gas transportation project is complete, issue a draft environmental 
    impact statement under this section; and
        (2) not later than 180 days after the date of issuance of the 
    draft environmental impact statement, issue a final environmental 
    impact statement, unless the Commission for good cause determines 
    that additional time is needed.

SEC. 105. PIPELINE EXPANSION.

    (a) Authority.--With respect to any Alaska natural gas 
transportation project, on a request by 1 or more persons and after 
giving notice and an opportunity for a hearing, the Commission may 
order the expansion of the Alaska natural gas project if the Commission 
determines that such an expansion is required by the present and future 
public convenience and necessity.
    (b) Responsibilities of Commission.--Before ordering an expansion 
under subsection (a), the Commission shall--
        (1) approve or establish rates for the expansion service that 
    are designed to ensure the recovery, on an incremental or rolled-in 
    basis, of the cost associated with the expansion (including a 
    reasonable rate of return on investment);
        (2) ensure that the rates do not require existing shippers on 
    the Alaska natural gas transportation project to subsidize 
    expansion shippers;
        (3) find that a proposed shipper will comply with, and the 
    proposed expansion and the expansion of service will be undertaken 
    and implemented based on, terms and conditions consistent with the 
    tariff of the Alaska natural gas transportation project in effect 
    as of the date of the expansion;
        (4) find that the proposed facilities will not adversely affect 
    the financial or economic viability of the Alaska natural gas 
    transportation project;
        (5) find that the proposed facilities will not adversely affect 
    the overall operations of the Alaska natural gas transportation 
    project;
        (6) find that the proposed facilities will not diminish the 
    contract rights of existing shippers to previously subscribed 
    certificated capacity;
        (7) ensure that all necessary environmental reviews have been 
    completed; and
        (8) find that adequate downstream facilities exist or are 
    expected to exist to deliver incremental Alaska natural gas to 
    market.
    (c) Requirement for a Firm Transportation Agreement.--Any order of 
the Commission issued in accordance with this section shall be void 
unless the person requesting the order executes a firm transportation 
agreement with the Alaska natural gas transportation project within 
such reasonable period of time as the order may specify.
    (d) Limitation.--Nothing in this section expands or otherwise 
affects any authority of the Commission with respect to any natural gas 
pipeline located outside the State.
    (e) Regulations.--The Commission may issue such regulations as are 
necessary to carry out this section.

SEC. 106. FEDERAL COORDINATOR.

    (a) Establishment.--There is established, as an independent office 
in the executive branch, the Office of the Federal Coordinator for 
Alaska Natural Gas Transportation Projects.
    (b) Federal Coordinator.--
        (1) Appointment.--The Office shall be headed by a Federal 
    Coordinator for Alaska Natural Gas Transportation Projects, who 
    shall be appointed by the President, by and with the advice and 
    consent of the Senate, to serve a term to last until 1 year 
    following the completion of the project referred to in section 103.
        (2) Compensation.--The Federal Coordinator shall be compensated 
    at the rate prescribed for level III of the Executive Schedule (5 
    U.S.C. 5314).
    (c) Duties.--The Federal Coordinator shall be responsible for--
        (1) coordinating the expeditious discharge of all activities by 
    Federal agencies with respect to an Alaska natural gas 
    transportation project; and
        (2) ensuring the compliance of Federal agencies with the 
    provisions of this division.
    (d) Reviews and Actions of Other Federal Agencies.--
        (1) Expedited reviews and actions.--All reviews conducted and 
    actions taken by any Federal agency relating to an Alaska natural 
    gas transportation project authorized under this section shall be 
    expedited, in a manner consistent with completion of the necessary 
    reviews and approvals by the deadlines under this division.
        (2) Prohibition of certain terms and conditions.--No Federal 
    agency may include in any certificate, right-of-way, permit, lease, 
    or other authorization issued to an Alaska natural gas 
    transportation project any term or condition that may be permitted, 
    but is not required, by any applicable law if the Federal 
    Coordinator determines that the term or condition would prevent or 
    impair in any significant respect the expeditious construction and 
    operation, or an expansion, of the Alaska natural gas 
    transportation project.
        (3) Prohibition of certain actions.--Unless required by law, no 
    Federal agency shall add to, amend, or abrogate any certificate, 
    right-of-way, permit, lease, or other authorization issued to an 
    Alaska natural gas transportation project if the Federal 
    Coordinator determines that the action would prevent or impair in 
    any significant respect the expeditious construction and operation, 
    or an expansion, of the Alaska natural gas transportation project.
        (4) Limitation.--The Federal Coordinator shall not have 
    authority to--
            (A) override--
                (i) the implementation or enforcement of regulations 
            issued by the Commission under section 103; or
                (ii) an order by the Commission to expand the project 
            under section 105; or
            (B) impose any terms, conditions, or requirements in 
        addition to those imposed by the Commission or any agency with 
        respect to construction and operation, or an expansion of, the 
        project.
    (e) State Coordination.--
        (1) In general.--The Federal Coordinator and the State shall 
    enter into a joint surveillance and monitoring agreement similar to 
    the agreement in effect during construction of the Trans-Alaska 
    Pipeline, to be approved by the President and the Governor of the 
    State, for the purpose of monitoring the construction of the Alaska 
    natural gas transportation project.
        (2) Primary responsibility.--With respect to an Alaska natural 
    gas transportation project--
            (A) the Federal Government shall have primary surveillance 
        and monitoring responsibility in areas where the Alaska natural 
        gas transportation project crosses Federal land or private 
        land; and
            (B) the State government shall have primary surveillance 
        and monitoring responsibility in areas where the Alaska natural 
        gas transportation project crosses State land.
    (f) Transfer of Federal Inspector Functions and Authority.--On 
appointment of the Federal Coordinator by the President, all of the 
functions and authority of the Office of Federal Inspector of 
Construction for the Alaska Natural Gas Transportation System vested in 
the Secretary under section 3012(b) of the Energy Policy Act of 1992 
(15 U.S.C. 719e note; Public Law 102-486), including all functions and 
authority described and enumerated in the Reorganization Plan No. 1 of 
1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of June 21, 1979 
(44 Fed. Reg. 36927), and section 5 of the President's decision, shall 
be transferred to the Federal Coordinator.
    (g) Temporary Authority.--The functions, authorities, duties, and 
responsibilities of the Federal Coordinator shall be vested in the 
Secretary until the later of the appointment of the Federal Coordinator 
by the President, or 18 months after the date of enactment of this Act.

SEC. 107. JUDICIAL REVIEW.

    (a) Exclusive Jurisdiction.--Except for review by the Supreme Court 
on writ of certiorari, the United States Court of Appeals for the 
District of Columbia Circuit shall have original and exclusive 
jurisdiction to determine--
        (1) the validity of any final order or action (including a 
    failure to act) of any Federal agency or officer under this 
    division;
        (2) the constitutionality of any provision of this division, or 
    any decision made or action taken under this division; or
        (3) the adequacy of any environmental impact statement prepared 
    under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
    et seq.) with respect to any action under this division.
    (b) Deadline for Filing Claim.--A claim arising under this division 
may be brought not later than 60 days after the date of the decision or 
action giving rise to the claim.
    (c) Expedited Consideration.--The United States Court of Appeals 
for the District of Columbia Circuit shall set any action brought under 
subsection (a) for expedited consideration, taking into account the 
national interest of enhancing national energy security by providing 
access to the significant gas reserves in Alaska needed to meet the 
anticipated demand for natural gas.
    (d) Amendment of the Alaska Natural Gas Transportation Act of 
1976.--Section 10(c) of the Alaska Natural Gas Transportation Act of 
1976 (15 U.S.C. 719h) is amended--
        (1) by striking ``(c)(1) A claim'' and inserting the following:
    ``(c) Jurisdiction.--
        ``(1) Special courts.--
            ``(A) In general.--A claim'';
        (2) by striking ``Such court shall have'' and inserting the 
    following:
            ``(B) Exclusive jurisdiction.--The Special Court shall 
        have'';
        (3) by inserting after paragraph (1) the following:
        ``(2) Expedited consideration.--The Special Court shall set any 
    action brought under this section for expedited consideration, 
    taking into account the national interest described in section 
    2.''; and
        (4) in paragraph (3), by striking ``(3) The enactment'' and 
    inserting the following:
        ``(3) Environmental impact statements.--The enactment''.

SEC. 108. STATE JURISDICTION OVER IN-STATE DELIVERY OF NATURAL GAS.

    (a) Local Distribution.--Any facility receiving natural gas from an 
Alaska natural gas transportation project for delivery to consumers 
within the State--
        (1) shall be deemed to be a local distribution facility within 
    the meaning of section 1(b) of the Natural Gas Act (15 U.S.C. 
    717(b)); and
        (2) shall not be subject to the jurisdiction of the Commission.
    (b) Additional Pipelines.--Except as provided in section 103(d), 
nothing in this division shall preclude or otherwise affect a future 
natural gas pipeline that may be constructed to deliver natural gas to 
Fairbanks, Anchorage, Matanuska-Susitna Valley, or the Kenai peninsula 
or Valdez or any other site in the State for consumption within or 
distribution outside the State.
    (c) Rate Coordination.--
        (1) In general.--In accordance with the Natural Gas Act (15 
    U.S.C. 717a et seq.), the Commission shall establish rates for the 
    transportation of natural gas on any Alaska natural gas 
    transportation project.
        (2) Consultation.--In carrying out paragraph (1), the 
    Commission, in accordance with section 17(b) of the Natural Gas Act 
    (15 U.S.C. 717p(b)), shall consult with the State regarding rates 
    (including rate settlements) applicable to natural gas transported 
    on and delivered from the Alaska natural gas transportation project 
    for use within the State.

SEC. 109. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

    (a) Requirement of Study.--If no application for the issuance of a 
certificate or amended certificate of public convenience and necessity 
authorizing the construction and operation of an Alaska natural gas 
transportation project has been filed with the Commission by the date 
that is 18 months after the date of enactment of this Act, the 
Secretary shall conduct a study of alternative approaches to the 
construction and operation of such an Alaska natural gas transportation 
project.
    (b) Scope of Study.--The study under subsection (a) shall take into 
consideration the feasibility of--
        (1) establishing a Federal Government corporation to construct 
    an Alaska natural gas transportation project; and
        (2) securing alternative means of providing Federal financing 
    and ownership (including alternative combinations of Government and 
    private corporate ownership) of the Alaska natural gas 
    transportation project.
    (c) Consultation.--In conducting the study under subsection (a), 
the Secretary shall consult with the Secretary of the Treasury and the 
Secretary of the Army (acting through the Chief of Engineers).
    (d) Report.--On completion of any study under subsection (a), the 
Secretary shall submit to Congress a report that describes--
        (1) the results of the study; and
        (2) any recommendations of the Secretary (including proposals 
    for legislation to implement the recommendations).

SEC. 110. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.

    (a) Savings Clause.--Nothing in this division affects--
        (1) any decision, certificate, permit, right-of-way, lease, or 
    other authorization issued under section 9 of the Alaska Natural 
    Gas Transportation Act of 1976 (15 U.S.C. 719g); or
        (2) any Presidential finding or waiver issued in accordance 
    with that Act.
    (b) Clarification of Authority to Amend Terms and Conditions to 
Meet Current Project Requirements.--Any Federal agency responsible for 
granting or issuing any certificate, permit, right-of-way, lease, or 
other authorization under section 9 of the Alaska Natural Gas 
Transportation Act of 1976 (15 U.S.C. 719g) may add to, amend, or 
rescind any term or condition included in the certificate, permit, 
right-of-way, lease, or other authorization to meet current project 
requirements (including the physical design, facilities, and tariff 
specifications), if the addition, amendment, or rescission--
        (1) would not compel any change in the basic nature and general 
    route of the Alaska natural gas transportation system as designated 
    and described in section 2 of the President's decision; or
        (2) would not otherwise prevent or impair in any significant 
    respect the expeditious construction and initial operation of the 
    Alaska natural gas transportation system.
    (c) Updated Environmental Reviews.--The Secretary shall require the 
sponsor of the Alaska natural gas transportation system to submit such 
updated environmental data, reports, permits, and impact analyses as 
the Secretary determines are necessary to develop detailed terms, 
conditions, and compliance plans required by section 5 of the 
President's decision.

SEC. 111. SENSE OF CONGRESS CONCERNING USE OF STEEL MANUFACTURED IN 
              NORTH AMERICA NEGOTIATION OF A PROJECT LABOR AGREEMENT.

    It is the sense of Congress that--
        (1) an Alaska natural gas transportation project would provide 
    significant economic benefits to the United States and Canada; and
        (2) to maximize those benefits, the sponsors of the Alaska 
    natural gas transportation project should make every effort to--
            (A) use steel that is manufactured in North America; and
            (B) negotiate a project labor agreement to expedite 
        construction of the pipeline.

SEC. 112. SENSE OF CONGRESS AND STUDY CONCERNING PARTICIPATION BY SMALL 
              BUSINESS CONCERNS.

    (a) Definition of Small Business Concern.--In this section, the 
term ``small business concern'' has the meaning given the term in 
section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) an Alaska natural gas transportation project would provide 
    significant economic benefits to the United States and Canada; and
        (2) to maximize those benefits, the sponsors of the Alaska 
    natural gas transportation project should maximize the 
    participation of small business concerns in contracts and 
    subcontracts awarded in carrying out the project.
    (c) Study.--
        (1) In general.--The Comptroller General of the United States 
    shall conduct a study to determine the extent to which small 
    business concerns participate in the construction of oil and gas 
    pipelines in the United States.
        (2) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Comptroller General shall submit to Congress a 
    report that describes results of the study under paragraph (1).
        (3) Updates.--The Comptroller General shall--
            (A) update the study at least once every 5 years until 
        construction of an Alaska natural gas transportation project is 
        completed; and
            (B) on completion of each update, submit to Congress a 
        report containing the results of the update.

SEC. 113. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.

    (a) Program.--
        (1) Establishment.--The Secretary of Labor (in this section 
    referred to as the ``Secretary'') shall make grants to the Alaska 
    Workforce Investment Board--
            (A) to recruit and train adult and dislocated workers in 
        Alaska, including Alaska Natives, in the skills required to 
        construct and operate an Alaska gas pipeline system; and
            (B) for the design and construction of a training facility 
        to be located in Fairbanks, Alaska, to support an Alaska gas 
        pipeline training program.
        (2) Coordination with existing programs.--The training program 
    established with the grants authorized under paragraph (1) shall be 
    consistent with the vision and goals set forth in the State of 
    Alaska Unified Plan, as developed pursuant to the Workforce 
    Investment Act of 1998 (29 U.S.C. 2801 et seq.).
    (b) Requirements for Grants.--The Secretary shall make a grant 
under subsection (a) only if--
        (1) the Governor of the State of Alaska requests the grant 
    funds and certifies in writing to the Secretary that there is a 
    reasonable expectation that the construction of the Alaska natural 
    gas pipeline system will commence by the date that is 2 years after 
    the date of the certification; and
        (2) the Secretary of Energy concurs in writing to the Secretary 
    with the certification made under paragraph (1) after considering--
            (A) the status of necessary Federal and State permits;
            (B) the availability of financing for the Alaska natural 
        gas pipeline project; and
            (C) other relevant factors.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $20,000,000. 
Not more than 15 percent of the funds may be used for the facility 
described in subsection (a)(1)(B).

SEC. 114. SENSE OF CONGRESS CONCERNING NATURAL GAS DEMAND.

    It is the sense of Congress that--
        (1) North American demand for natural gas will increase 
    dramatically over the course of the next several decades;
        (2) both the Alaska Natural Gas Pipeline and the Mackenzie 
    Delta Natural Gas project in Canada will be necessary to help meet 
    the increased demand for natural gas in North America;
        (3) Federal and State officials should work together with 
    officials in Canada to ensure both projects can move forward in a 
    mutually beneficial fashion;
        (4) Federal and State officials should acknowledge that the 
    smaller scope, fewer permitting requirements, and lower cost of the 
    Mackenzie Delta project means it will most likely be completed 
    before the Alaska Natural Gas Pipeline;
        (5) natural gas production in the 48 contiguous States and 
    Canada will not be able to meet all domestic demand in the coming 
    decades; and
        (6) as a result, natural gas delivered from Alaskan North Slope 
    will not displace or reduce the commercial viability of Canadian 
    natural gas produced from the Mackenzie Delta or production from 
    the 48 contiguous States.

SEC. 115. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.

    It is the sense of Congress that--
        (1) Alaska Native Regional Corporations, companies owned and 
    operated by Alaskans, and individual Alaskans should have the 
    opportunity to own shares of the Alaska natural gas pipeline in a 
    way that promotes economic development for the State; and
        (2) to facilitate economic development in the State, all 
    project sponsors should negotiate in good faith with any willing 
    Alaskan person that desires to be involved in the project.

SEC. 116. LOAN GUARANTEES.

    (a) Authority.--(1) The Secretary may enter into agreements with 1 
or more holders of a certificate of public convenience and necessity 
issued under section 103(b) of this division or section 9 of the Alaska 
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g) to issue 
Federal guarantee instruments with respect to loans and other debt 
obligations for a qualified infrastructure project.
    (2) Subject to the requirements of this section, the Secretary may 
also enter into agreements with 1 or more owners of the Canadian 
portion of a qualified infrastructure project to issue Federal 
guarantee instruments with respect to loans and other debt obligations 
for a qualified infrastructure project as though such owner were a 
holder described in paragraph (1).
    (3) The authority of the Secretary to issue Federal guarantee 
instruments under this section for a qualified infrastructure project 
shall expire on the date that is 2 years after the date on which the 
final certificate of public convenience and necessity (including any 
Canadian certificates of public convenience and necessity) is issued 
for the project. A final certificate shall be considered to have been 
issued when all certificates of public convenience and necessity have 
been issued that are required for the initial transportation of 
commercially economic quantities of natural gas from Alaska to the 
continental United States.
    (b) Conditions.--(1) The Secretary may issue a Federal guarantee 
instrument for a qualified infrastructure project only after a 
certificate of public convenience and necessity under section 103(b) of 
this division or an amended certificate under section 9 of the Alaska 
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g) has been issued 
for the project.
    (2) The Secretary may issue a Federal guarantee instrument under 
this section for a qualified infrastructure project only if the loan or 
other debt obligation guaranteed by the instrument has been issued by 
an eligible lender.
    (3) The Secretary shall not require as a condition of issuing a 
Federal guarantee instrument under this section any contractual 
commitment or other form of credit support of the sponsors (other than 
equity contribution commitments and completion guarantees), or any 
throughput or other guarantee from prospective shippers greater than 
such guarantees as shall be required by the project owners.
    (c) Limitations on Amounts.--(1) The amount of loans and other debt 
obligations guaranteed under this section for a qualified 
infrastructure project shall not exceed 80 percent of the total capital 
costs of the project, including interest during construction.
    (2) The principal amount of loans and other debt obligations 
guaranteed under this section shall not exceed, in the aggregate, 
$18,000,000,000, which amount shall be indexed for United States dollar 
inflation from the date of enactment of this Act, as measured by the 
Consumer Price Index.
    (d) Loan Terms and Fees.--(1) The Secretary may issue Federal 
guarantee instruments under this section that take into account 
repayment profiles and grace periods justified by project cash flows 
and project-specific considerations. The term of any loan guaranteed 
under this section shall not exceed 30 years.
    (2) An eligible lender may assess and collect from the borrower 
such other fees and costs associated with the application and 
origination of the loan or other debt obligation as are reasonable and 
customary for a project finance transaction in the oil and gas sector.
    (e) Regulations.--The Secretary may issue regulations to carry out 
this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to cover the cost of loan 
guarantees under this section, as defined by section 502(5) of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). Such sums shall 
remain available until expended.
    (g) Definitions.--In this section:
        (1) Consumer price index.--The term ``Consumer Price Index'' 
    means the Consumer Price Index for all-urban consumers, United 
    States city average, as published by the Bureau of Labor 
    Statistics, or if such index shall cease to be published, any 
    successor index or reasonable substitute thereof.
        (2) Eligible lender.--The term ``eligible lender'' means any 
    non-Federal qualified institutional buyer (as defined by section 
    230.144A(a) of title 17, Code of Federal Regulations (or any 
    successor regulation), known as Rule 144A(a) of the Securities and 
    Exchange Commission and issued under the Securities Act of 1933), 
    including--
            (A) a qualified retirement plan (as defined in section 
        4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 
        4974(c)) that is a qualified institutional buyer; and
            (B) a governmental plan (as defined in section 414(d) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is a 
        qualified institutional buyer.
        (3) Federal guarantee instrument.--The term ``Federal guarantee 
    instrument'' means any guarantee or other pledge by the Secretary 
    to pledge the full faith and credit of the United States to pay all 
    of the principal and interest on any loan or other debt obligation 
    entered into by a holder of a certificate of public convenience and 
    necessity.
        (4) Qualified infrastructure project.--The term ``qualified 
    infrastructure project'' means an Alaskan natural gas 
    transportation project consisting of the design, engineering, 
    finance, construction, and completion of pipelines and related 
    transportation and production systems (including gas treatment 
    plants), and appurtenances thereto, that are used to transport 
    natural gas from the Alaska North Slope to the continental United 
    States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.