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







108th CONGRESS
  2d Session
                                H. R. 5072

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2004

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2004, to provide 
emergency supplemental appropriations for additional disaster 
assistance relating to hurricane damage, and for other purposes, 
namely:

                               CHAPTER 1

                     SMALL BUSINESS ADMINISTRATION

                     disaster loans program account

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

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                operation and maintenance, defense-wide

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

                               CHAPTER 3

                    CORPS OF ENGINEERS--CIVIL WORKS

                   operation and maintenance, general

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

                 flood control and coastal emergencies

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

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           operating expenses

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

                  EMERGENCY PREPAREDNESS AND RESPONSE

                            disaster relief

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

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       FISH AND WILDLIFE SERVICE

                              construction

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

                         NATIONAL PARK SERVICE

                              construction

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

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management

            public health and social services emergency fund

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

                               CHAPTER 7

                   EXECUTIVE OFFICE OF THE PRESIDENT

                          unanticipated needs

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

                               CHAPTER 8

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

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

                         medical administration

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

                           medical facilities

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

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

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                       space flight capabilities

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