[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5212 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 5212

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2005, to provide 
emergency supplemental appropriations for additional disaster 
assistance relating to storm damage, and for other purposes, namely:

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

    For an additional amount for ``National Forest System,'' 
$2,000,000, to remain available until expended, for emergency 
hurricane-related expenses: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                  capital improvements and maintenance

    For an additional amount for ``Capital Improvements and 
Maintenance'', $33,000,000, to remain available until expended, for 
emergency hurricane-related expenses: Provided, That Congress 
designates this amount as an emergency requirement for this specific 
purpose.

             General Provisions--Department of Agriculture

                        Agricultural Assistance

                   agricultural hurricane assistance

SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.

    (a) Crop Disaster Assistance.--
            (1) Definitions.--In this subsection:
                    (A) Additional coverage.--The term ``additional 
                coverage'' has the meaning given the term in section 
                502(b) of the Federal Crop Insurance Act (7 U.S.C. 
                1502(b)).
                    (B) Insurable commodity.--The term ``insurable 
                commodity'' means an agricultural commodity (excluding 
                livestock) for which the producers on a farm are 
                eligible to obtain a policy or plan of insurance under 
                the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
                    (C) Noninsurable commodity.--The term 
                ``noninsurable commodity'' means an agricultural 
                commodity for which the producers on a farm are 
                eligible to obtain assistance under section 196 of the 
                Federal Agriculture Improvement and Reform Act of 1996 
                (7 U.S.C. 7333).
            (2) Emergency financial assistance.--Notwithstanding 
        section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 
        1508(b)(7)), the Secretary of Agriculture shall use such sums 
        as are necessary of funds of the Commodity Credit Corporation 
        to make emergency financial assistance authorized under this 
        subsection available to producers on a farm that have incurred 
        qualifying crop or quality losses for the 2003 or 2004 crop (as 
        elected by a producer), but not both crops, due to damaging 
        weather or related condition, as determined by the Secretary.
            (3) Administration.--The Secretary shall make assistance 
        available under this subsection in the same manner as provided 
        under section 815 of the Agriculture, Rural Development, Food 
        and Drug Administration, and Related Agencies Appropriations 
        Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
        using the same loss thresholds for the quantity and quality 
        losses as were used in administering that section.
            (4) Ineligibility for assistance.--Except as provided in 
        paragraph (5), the producers on a farm shall not be eligible 
        for assistance under this subsection with respect to losses to 
        an insurable commodity or noninsurable commodity if the 
        producers on the farm--
                    (A) in the case of an insurable commodity, did not 
                obtain a policy or plan of insurance for the insurable 
                commodity under the Federal Crop Insurance Act (7 
                U.S.C. 1501 et seq.) for the crop incurring the losses; 
                and
                    (B) in the case of a noninsurable commodity, did 
                not file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for the noninsurable commodity under section 
                196 of the Federal Agriculture Improvement and Reform 
                Act of 1996 (7 U.S.C. 7333) for the crop incurring the 
                losses.
            (5) Contract waiver.--The Secretary may waive paragraph (4) 
        with respect to the producers on a farm if the producers enter 
        into a contract with the Secretary under which the producers 
        agree--
                    (A) in the case of an insurable commodity, to 
                obtain a policy or plan of insurance under the Federal 
                Crop Insurance Act (7 U.S.C. 1501 et seq.) providing 
                additional coverage for the insurable commodity for 
                each of the next 2 crops; and
                    (B) in the case of a noninsurable commodity, to 
                file the required paperwork and pay the administrative 
                fee by the applicable State filing deadline, for the 
                noninsurable commodity for each of the next 2 crops 
                under section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (6) Effect of violation.--In the event of the violation of 
        a contract under paragraph (5) by a producer, the producer 
        shall reimburse the Secretary for the full amount of the 
        assistance provided to the producer under this subsection.
            (7) Payment limitations.--
                    (A) Limit on amount of assistance.--Assistance 
                provided under this subsection to a producer for losses 
                to a crop, together with the amounts specified in 
                subparagraph (B) applicable to the same crop, may not 
                exceed 95 percent of what the value of the crop would 
                have been in the absence of the losses, as estimated by 
                the Secretary.
                    (B) Other payments.--In applying the limitation in 
                subparagraph (A), the Secretary shall include the 
                following:
                            (i) Any crop insurance payment made under 
                        the Federal Crop Insurance Act (7 U.S.C. 1501 
                        et seq.) or payment under section 196 of the 
                        Federal Agricultural Improvement and Reform Act 
                        of 1996 (7 U.S.C. 7333) that the producer 
                        receives for losses to the same crop.
                            (ii) The value of the crop that was not 
                        lost (if any), as estimated by the Secretary.
                    (C) Effect of florida disaster programs.--The 
                amount of assistance that a producer would otherwise 
                receive under this subsection shall be reduced by the 
                amount of assistance that the producer receives for the 
                same loss under the Florida Disaster Programs carried 
                out pursuant to the Farm Service Agency notice (DAP-
                203) released October 4, 2004.
    (b) Livestock Assistance Program.--
            (1) Emergency financial assistance.--The Secretary of 
        Agriculture shall use such sums as are necessary of funds of 
        the Commodity Credit Corporation to make and administer 
        payments for livestock losses to producers for 2003 or 2004 
        losses (as elected by a producer), but not both, in a county 
        that has received an emergency designation by the President or 
        the Secretary after January 1, 2003, of which an amount 
        determined by the Secretary shall be made available for the 
        American Indian livestock program under section 806 of the 
        Agriculture, Rural Development, Food and Drug Administration, 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        387; 114 Stat. 1549A-51).
            (2) Administration.--The Secretary shall make assistance 
        available under this subsection in the same manner as provided 
        under section 806 of the Agriculture, Rural Development, Food 
        and Drug Administration, and Related Agencies Appropriations 
        Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
            (3) Mitigation.--In determining the eligibility for or 
        amount of payments for which a producer is eligible under the 
        livestock assistance program, the Secretary shall not penalize 
        a producer that takes actions (recognizing disaster conditions) 
        that reduce the average number of livestock the producer owned 
        for grazing during the production year for which assistance is 
        being provided.
    (c) Tree Assistance Program.--
            (1) Emergency assistance.--The Secretary of Agriculture 
        shall use such sums as are necessary of the funds of the 
        Commodity Credit Corporation to provide assistance under the 
        tree assistance program established under sections 10201 
        through 10204 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 8201 et seq.) to producers who suffered tree 
        losses during the period beginning on December 1, 2003, and 
        ending on December 31, 2004.
            (2) Additional assistance.--In addition to providing 
        assistance to eligible orchardists under the tree assistance 
        program, the Secretary shall use an additional $15,000,000 of 
        the funds of the Commodity Credit Corporation to provide 
        reimbursement under section 10203 of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8203) to eligible forest 
        land owners who produce periodic crops of timber from trees for 
        commercial purposes and who have suffered tree losses during 
        the period specified in paragraph (1).
    (d) Emergency Conservation Program.--The Secretary of Agriculture 
shall use an additional $50,000,000 of the funds of the Commodity 
Credit Corporation to provide assistance under the Emergency 
Conservation Program under title IV of the Agriculture Credit Act of 
1978 (16 U.S.C. 2201 et seq.). Participants in the Emergency 
Conservation Program shall receive the maximum cost share percentage 
allowed under section 701.26 of title 7, Code of Federal Regulations.
    (e) Offset.--Section 1241(a)(3) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the 
end the following: ``, using not more than $6,037,000,000 for the 
period of fiscal years 2005 through 2014''.
    (f) Clean-Up Assistance.--The Secretary shall provide up to 
$100,000,000 of Commodity Credit Corporation funds for the Emergency 
Watershed Protection Program and/or the Emergency Conservation Program 
to carry out additional activities in response to the 2004 hurricanes 
and tropical storms, including the provision of technical and financial 
assistance for improvements and clean-up. Persons that received 
payments from section 32 of the Act of August 24, 1935 with respect to 
2004 hurricane losses are not eligible for these funds. Funds will be 
allocated to the programs, as determined by the Secretary.
    (g) Section 32 Payments.--The Secretary shall transfer $90,000,000 
of funds of the Commodity Credit Corporation to the fund established by 
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out 
payments with respect to 2004 hurricane losses.
    (h) The Secretary shall use the funds, facilities, and authorities 
of the Commodity Credit Corporation to carry out this section, to 
remain available through September 30, 2006.
    (i) The Secretary may promulgate such regulations as are necessary 
to implement this section, provided that the Secretary shall use the 
authority provided under 5 U.S.C. 808.
    (j) Congress designates the amounts provided under this section as 
an emergency requirement for the specific purposes authorized herein.
    Sec. 102. In addition to amounts otherwise provided, up to 
$130,000,000, to remain available until expended, for the Emergency 
Watershed Protection Program and/or the Emergency Conservation Program 
for emergency hurricane-related expenses including the provision of 
technical and financial assistance for improvements and clean-up: 
Provided, That Congress designates this amount as an emergency 
requirement for these purposes. Persons that received payments from 
section 32 of the Act of August 24, 1935 with respect to 2004 hurricane 
losses are not eligible for these funds.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $7,900,000, to remain available until expended: Provided, 
That Congress designates this amount as an emergency requirement for 
this specific purpose.

               procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $6,800,000, to remain available until expended: 
Provided, That Congress designates this amount as an emergency 
requirement for this specific purpose.

                         DEPARTMENT OF DEFENSE

                           Military Personnel

                        military personnel, navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,000,000, to remain available until September 30, 2005, for emergency 
hurricane-related expenses, for the costs of evacuation, which shall be 
available for transfer to reimburse costs incurred in FY 2004 as a 
result of emergency evacuations due to hurricanes: Provided, That 
Congress designates this amount as an emergency requirement for this 
specific purpose.

                     military personnel, air force

    For an additional amount for ``Military Personnel, Air Force'', 
$13,225,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of evacuation, 
which shall be available for transfer to reimburse costs incurred in FY 
2004 as a result of emergency evacuations due to hurricanes: Provided, 
That Congress designates this amount as an emergency requirement for 
this specific purpose.

                       Operation and Maintenance

                    operation and maintenance, army

    For an additional amount for ``Operation and Maintenance, Army'', 
$2,844,000, to remain available until September 30, 2005, for emergency 
hurricane-related expenses, for the costs of repairs to structures and 
equipment, evacuation, base preparation, and base recovery; of which 
not to exceed 25 percent shall be available for transfer to reimburse 
costs incurred in FY 2004 as a result of emergency evacuations and 
immediate recovery related to basic infrastructure due to hurricanes: 
Provided, That Congress designates these amounts as an emergency 
requirement for this specific purpose.

                    operation and maintenance, navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$404,591,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, evacuation, base preparation, and base 
recovery; of which not to exceed 25 percent shall be available for 
transfer to reimburse costs incurred in FY 2004 as a result of 
emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose.

                  operation and maintenance, air force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $128,672,000, to remain available until September 30, 2005, 
for emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, evacuation, base preparation, and base 
recovery; of which not to exceed 25 percent shall be available for 
transfer to reimburse costs incurred in FY 2004 as a result of 
emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose.

                operation and maintenance, defense-wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $172,506,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, evacuation, base preparation, base recovery, 
and delayed satellite launches; of which not to exceed 25 percent shall 
be available for transfer to reimburse costs incurred in FY 2004 as a 
result of emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose: 
Provided further, That the Secretary of Defense may transfer these 
funds to appropriations for military personnel; operation and 
maintenance; procurement; and family housing: Provided further, That 
funds transferred shall be merged with and made available for the same 
purposes and for the same time period as the appropriation to which 
transferred: Provided further, That this transfer authority is in 
addition to any other transfer authority available to the Department of 
Defense.

                operation and maintenance, army reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $1,442,000, to remain available until September 30, 2005, 
for emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, evacuation, base preparation, and base 
recovery; of which not to exceed 25 percent shall be available for 
transfer to reimburse costs incurred in FY 2004 as a result of 
emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose.

                operation and maintenance, navy reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $399,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, evacuation, base preparation, and base 
recovery; of which not to exceed 25 percent shall be available for 
transfer to reimburse costs incurred in FY 2004 as a result of 
emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose.

             operation and maintenance, army national guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $3,350,000, to remain available until September 30, 
2005, for emergency hurricane-related expenses, for the costs of 
repairs to structures and equipment, evacuation, base preparation, and 
base recovery; of which not to exceed 25 percent shall be available for 
transfer to reimburse costs incurred in FY 2004 as a result of 
emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose.

             operation and maintenance, air national guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $1,085,000, to remain available until September 30, 
2005, for emergency hurricane-related expenses, for the costs of 
repairs to structures and equipment, evacuation, base preparation, and 
base recovery; of which not to exceed 25 percent shall be available for 
transfer to reimburse costs incurred in FY 2004 as a result of 
emergency evacuations and immediate recovery related to basic 
infrastructure due to hurricanes: Provided, That Congress designates 
these amounts as an emergency requirement for this specific purpose.

                  Other Department of Defense Programs

                         defense health program

    For an additional amount for ``Defense Health Program'', 
$10,286,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, evacuation, base preparation, and base 
recovery: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                              Procurement

                      other procurement, air force

    For an additional amount for ``Other Procurement, Air Force,'' 
$2,500,000, to remain available until September 30, 2005, for emergency 
hurricane-related expenses and replacement of destroyed or damaged 
equipment: Provided, That Congress designates these amounts as an 
emergency requirement for this specific purpose.

                       procurement, defense-wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$102,500,000, to remain available until September 30, 2005 for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and facilities, replacement of destroyed or damaged 
equipment, and preparation and recovery of naval vessels under 
construction: Provided, That Congress designates these amounts as an 
emergency requirement for this specific purpose: Provided further, That 
the Secretary of Defense may transfer these funds to appropriations for 
procurement; research, development, test, and evaluation; and military 
construction: Provided further, That funds transferred shall be merged 
with and made available for the same purposes and for the same time 
period as the appropriation to which transferred: Provided further, 
That this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That such funds may be obligated and expended to carry out rebuilding 
of military construction projects not otherwise authorized by law.

                         Military Construction

                      military construction, navy

    For an additional amount for ``Military Construction, Navy'', 
$138,800,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and facilities: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose: Provided 
further, That such funds may be obligated and expended to carry out 
rebuilding of military construction projects not otherwise authorized 
by law.

                  military construction, army reserve

    For an additional amount for ``Military Construction, Army 
Reserve'', $8,700,000, to remain available until September 30, 2005, 
for emergency hurricane-related expenses, for the costs of repairs to 
structures and facilities: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose: Provided 
further, That such funds may be obligated and expended to carry out 
rebuilding of military construction projects not otherwise authorized 
by law.

                  base realignment and closure account

    For an additional amount for ``Base Realignment and Closure 
Account'', $50,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                             Family Housing

            family housing, operation and maintenance, army

    For an additional amount for ``Family Housing, Operation and 
Maintenance, Army'', $313,000, to remain available until September 30, 
2005, for emergency hurricane-related expenses, for the costs of 
repairs to structures and equipment, evacuation, base preparation, and 
base recovery: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

    family housing, operation and maintenance, navy and marine corps

    For an additional amount for ``Family Housing, Operation and 
Maintenance, Navy and Marine Corps'', $3,276,000, to remain available 
until September 30, 2005, for emergency hurricane-related expenses, for 
the costs of repairs to structures and equipment, evacuation, base 
preparation, and base recovery: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

          family housing, operation and maintenance, air force

    For an additional amount for ``Family Housing, Operation and 
Maintenance, Air Force'', $5,600,000, to remain available until 
September 30, 2005, for emergency hurricane-related expenses, for the 
costs of repairs to structures and equipment, evacuation, base 
preparation, and base recovery: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                     Revolving and Management Funds

                   working capital fund, defense-wide

    For an additional amount for ``Working Capital Fund, Defense-
Wide'', $77,000,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses, for the costs of repairs to 
structures and equipment, and base recovery: Provided, That Congress 
designates this amount as an emergency requirement for this specific 
purpose.

               General Provisions--Department of Defense

                       general transfer authority

    Sec. 201. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $210,000,000 of the funds made available to the 
Department of Defense in this title: Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to this 
authority: Provided further, That the transfer authority provided in 
this section is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That the authority in 
this section is subject to the same terms and conditions as the 
authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2005, except for the fourth proviso.
    Sec. 202. Funds appropriated in this title, or made available by 
the transfer of funds in or pursuant to this title, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management

            public health and social services emergency fund

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to support aging services, social services and health 
services associated with natural disaster recovery and response 
efforts, $50,000,000, to remain available until expended: Provided, 
That Congress designates this amount as an emergency requirement for 
this specific purpose.

                    DEPARTMENT OF HOMELAND SECURITY

                  Emergency Preparedness and Response

                          disaster relief fund

    For an additional amount for necessary expenses under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), $6,500,000,000, to remain available until expended: Provided, 
That Congress designates this amount as an emergency requirement for 
this specific purpose.

                       United States Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $26,000,000, 
to remain available until expended for emergency hurricane-related 
expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                DEPARTMENT HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

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

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey

                 surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'', $1,000,000, to remain available until expended for 
emergency hurricane-related expenses: Provided, That Congress 
designates this amount as an emergency requirement for this specific 
purpose.

                       Fish and Wildlife Service

                          resource management

    For an additional amount for ``Resource Management'', $2,700,000, 
to remain available until expended for emergency hurricane-related 
expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                              construction

    For an additional amount for ``Construction'', $24,700,000, to 
remain available until expended for emergency hurricane-related 
expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                         National Park Service

                   construction and major maintenance

    For an additional amount for ``Construction and Major 
Maintenance'', $48,900,000, to remain available until expended for 
emergency hurricane-related expenses: Provided, That Congress 
designates this amount as an emergency requirement for this specific 
purpose.

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$18,600,000, to remain available until expended for emergency 
hurricane-related expenses: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,500,000, 
to remain available until expended for emergency hurricane-related 
expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                      DEPARTMENT OF TRANSPORTATION

                    federal aviation administration

                               operations

    For an additional amount for ``Operations'', $5,100,000, to remain 
available until expended for emergency hurricane-related expenses: 
Provided, That Congress designates this amount as an emergency 
requirement for this specific purpose.

                    emergency assistance to airports

                    (airport and airway trust fund)

    Notwithstanding any other provision of law, for emergency 
hurricane-related insurance-ineligible capital costs to repair or 
replace public-use airport-related facilities at public-use airports 
identified in the National Plan of Integrated Airport Systems, to 
enable the Federal Aviation Administration to compensate entities for 
such capital costs, up to $25,000,000, to be derived from the Airport 
and Airway Trust Fund, to remain available until June 30, 2006: 
Provided, That Congress designates this amount as an emergency 
requirement for this specific purpose.

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

    For an additional amount for the Emergency Relief Program for 
emergency expenses resulting from 2004 Hurricanes Charley, Frances, 
Ivan, and Jeanne, as authorized by title 23 U.S.C. 125, $800,000,000, 
to be derived from the Highway Trust Fund (other than the Mass Transit 
Account): Provided, That notwithstanding 23 U.S.C. 125(d)(1), the 
Secretary of Transportation may obligate more than $100,000,000 for 
projects arising from Hurricanes Charley, Frances, Ivan, and Jeanne: 
Provided further, That any amounts in excess of those necessary for 
emergency expenses relating to the above hurricanes may be used for 
other projects authorized under 23 U.S.C. 125: Provided further, That 
amounts provided herein shall remain available until expended: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement for this specific purpose.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

    For an additional amount for ``Medical Services'', $38,283,000, to 
remain available until September 30, 2005, for emergency hurricane-
related expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                           medical facilities

    For an additional amount for ``Medical Facilities'', $46,910,000, 
to remain available until expended for emergency hurricane-related 
expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                         medical administration

    For an additional amount for ``Medical Administration'', 
$1,939,000, to remain available until September 30, 2005, for emergency 
hurricane-related expenses: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                      DEPARTMENTAL ADMINISTRATION

                       general operating expenses

    For an additional amount for ``General Operating Expenses'', 
$545,000, to remain available until September 30, 2005, for emergency 
hurricane-related expenses: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                    national cemetery administration

    For an additional amount for ``National Cemetery Administration'', 
$50,000, to remain available until September 30, 2005, for hurricane-
related expenses: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                      construction, minor projects

    For an additional amount for ``Construction, Minor Projects'', 
$36,343,000, to remain available until expended for emergency 
hurricane-related expenses: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                    CORPS OF ENGINEERS--CIVIL WORKS

                   operation and maintenance, general

    For an additional amount for ``Operation and Maintenance, General'' 
for hurricane-related expenses necessary to dredge navigation channels 
and repair other Corps projects, $94,000,000, to remain available until 
expended: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' as authorized by section 5 of the Flood Control Act of 
August 16, 1941, as amended (33 USC 701n), for emergency hurricane-
related expenses from coastal storm damages and flooding, $147,000,000, 
to remain available until expended: Provided, That Congress designates 
this amount as an emergency requirement for this specific purpose.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For an additional amount for ``Flood Control, Mississippi River and 
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, 
Missouri, and Tennessee'' to cover the additional costs of dredging and 
mat laying operations on the main stem of the lower Mississippi River 
due to hurricanes and other severe storms, $4,000,000, to remain 
available until expended: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                    ENVIRONMENTAL PROTECTION AGENCY

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities,'' 
$3,000,000, to remain available until expended, for emergency 
hurricane-related expenses: Provided, That Congress designates this 
amount as an emergency requirement for this specific purpose.

                   INTERNATIONAL ASSISTANCE PROGRAMS

                  Agency for International Development

              international disaster and famine assistance

    For an additional amount for ``International Disaster and Famine 
Assistance'', $100,000,000, to remain available until expended, for 
emergency hurricane-related expenses without regard to section 10 of 
Public Law 91-672 and section 15 of the State Department Basic 
Authorities Act of 1956: Provided, That Congress designates this amount 
as an emergency requirement for this specific purpose.

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                       space flight capabilities

    For an additional amount for ``Space Flight Capabilities'', to 
repair facilities damaged and take other emergency measures due to the 
effects of hurricanes, $126,000,000, to remain available until 
expended: Provided, That Congress designates this amount as an 
emergency requirement for this specific purpose.

                     SMALL BUSINESS ADMINISTRATION

                     disaster loans program account

    For an additional amount for ``Disaster Loans Program Account'' for 
emergency expenses resulting from natural or other disasters, to remain 
available until expended, $501,000,000 for the cost of direct loans; 
and $428,000,000 for administrative expenses to carry out the disaster 
loan program, which may be transferred to the appropriations for 
``Salaries and expenses'': Provided, That Congress designates these 
amounts as an emergency requirement for this specific purpose.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                          unanticipated needs

    For an additional amount for ``Unanticipated Needs'', not to exceed 
$70,000,000, to remain available until September 30, 2005, for the 
American Red Cross for reimbursement of disaster relief and recovery 
expenditures and emergency services associated with Hurricanes Charley, 
Frances and Ivan, and only to the extent funds are not made available 
for those activities by other federal sources: Provided, That these 
funds may be administered by any authorized federal government agency 
to meet the purposes of this provision and that total administrative 
costs shall not exceed three percent of the total appropriation: 
Provided further, That the Comptroller General shall audit the use of 
these funds by the American Red Cross: Provided further, That Congress 
designates this amount as an emergency requirement for this specific 
purpose.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations for Hurricane Disasters Assistance Act, 2005''.

            Passed the House of Representatives October 6, 2004.

            Attest:

                                                                 Clerk.
108th CONGRESS

  2d Session

                               H. R. 5212

_______________________________________________________________________

                                 AN ACT

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