[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]
=======================================================================
[House Appropriations Committee Print]
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009
(H.R. 2638; P.L. 110-329)
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
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[Clerk's note: Four sections which precede division A in
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act apply to all divisions of the Act, including
this one. The text of these sections is as follows:]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
[Text omitted for purposes of this note]
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' or ``this joint resolution'' contained in any
division of this Act shall be treated as referring only to the
provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation,
printed in the House of Representatives section of the
Congressional Record on or about September 24, 2008 by the
Chairman of the Committee on Appropriations of the House, shall
have the same effect with respect to the allocation of funds
and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
Reproduced below is the text of division B of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (H.R. 2638; P.L. 110-329) as presented
to the President for signature.]
Legislative Text, Division B
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:
TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, for oversight
of disaster- and emergency-related funding provided by this
chapter.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$5,000,000, to remain available until expended, for the repair
and reconstruction of buildings damaged by natural disasters
occurring during 2008.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$5,000,000, to remain available through September 30, 2010, for
pathogen surveillance and eradication to address confirmed or
suspected outbreaks.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed
Protection Program'', $100,000,000, to remain available until
expended, for disaster recovery operations.
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation
Program'', $115,000,000, to remain available until expended.
Rural Development Programs
rural development disaster assistance fund
For grants, and for the cost of direct and guaranteed loans,
for authorized activities of agencies of the Rural Development
Mission Area, $150,000,000, to remain available until expended,
which shall be allocated as follows: $59,000,000 for single and
multi-family housing activities; $40,000,000 for community
facilities activities; $26,000,000 for utilities activities;
and $25,000,000 for business activities: Provided, That such
funds shall be for areas affected by hurricanes, floods, and
other natural disasters occurring during 2008 for which the
President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
of 1974: Provided further, That the cost of such direct and
guaranteed loans, including the cost of modifying loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That the Secretary of Agriculture may
reallocate funds made available in this paragraph among the 4
specified activities, if the Secretary notifies the Committees
on Appropriations of the House of Representatives and the
Senate not less than 15 days prior to such reallocation.
In addition, for an additional amount for grants, and for the
cost of direct and guaranteed loans, for authorized activities
of the Rural Housing Service, $38,000,000, to remain available
until expended, for single and multi-family housing activities:
Provided, That such funds shall be for areas affected by
Hurricanes Katrina and Rita: Provided further, That the cost of
such direct and guaranteed loans, including the cost of
modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
GENERAL PROVISIONS, THIS CHAPTER
(including transfers of funds)
Sec. 10101. (a) Rural Development Disaster Assistance Fund.--
Hereafter, there is established in the Treasury a fund entitled
the ``Rural Development Disaster Assistance Fund''.
(b) Purpose and Availability of Fund.--Subject to subsection
(d), amounts in the Rural Development Disaster Assistance Fund
shall be available to the Secretary of Agriculture, until
expended, to provide additional amounts for authorized
activities of agencies of the Rural Development Mission Area in
areas affected by a disaster declared by the President or the
Secretary of Agriculture. Amounts so provided shall be in
addition to any other amounts available to carry out the
activity.
(c) Waiver of Activity or Project Limitations.--The Secretary
of Agriculture may waive any limits on population, income, or
cost-sharing otherwise applicable to an activity or project for
which amounts in the Rural Development Disaster Assistance Fund
will be obligated under subsection (b), except that, if the
amounts proposed to be obligated in connection with the
disaster would exceed the amount specified in subsection (h),
the notification required by that subsection shall include
information and justification with regard to any waivers to be
granted under this subsection.
(d) Treatment of Certain Amounts in Fund.--Amounts
appropriated directly to the Rural Development Disaster
Assistance Fund by this Act or any subsequent Act for a
specific purpose shall be available only for that purpose until
such time as the transfer authority provided by subsection (f)
takes effect with regard to the amounts. Only subsection (c),
including the notification requirements of such subsection, and
subsections (g) and (i) apply to amounts described in this
subsection.
(e) Transfer of Prior Appropriations to Fund.--The Secretary
of Agriculture may transfer to the Rural Development Disaster
Assistance Fund, and merge with other amounts generally
appropriated to the Fund, the available unobligated balance of
any amounts that were appropriated before the date of the
enactment of this Act for programs and activities of the Rural
Development Mission Area to respond to a disaster and were
designated by the Congress as an emergency requirement if, in
advance of the transfer, the Secretary determines that the
unobligated amounts are no longer needed to respond to the
disaster for which the amounts were originally appropriated and
the Secretary provides a certification of this determination to
the Committees on Appropriations of the House of
Representatives and the Senate.
(f) Transfer of Other Appropriations to Fund.--Unless
otherwise specifically provided in an appropriations Act, the
Secretary of Agriculture may transfer to or within the Rural
Development Disaster Assistance Fund, and merge with other
amounts generally appropriated to the Fund, the available
unobligated balance of any amounts that are appropriated for
fiscal year 2009 or any subsequent fiscal year for programs and
activities of the Rural Development Mission Area to respond to
a disaster and are designated by the Congress as an emergency
requirement if, in advance of the transfer, the Secretary
determines that the unobligated amounts are no longer needed to
respond to the disaster for which the amounts were originally
appropriated and the Secretary provides a certification of this
determination to the Committees on Appropriations of the House
of Representatives and the Senate. A transfer of unobligated
amounts with respect to a disaster may not be made under this
subsection until after the end of the two-year period beginning
on the date on which the amounts were originally appropriated
for that disaster.
(g) Administrative Expenses.--In addition to any other funds
available to the Secretary of Agriculture to cover
administrative costs, the Secretary may use up to 3 percent of
the amounts allocated from the Rural Development Disaster
Assistance Fund for a specific disaster to cover administrative
costs of Rural Development's State and local offices in the
areas affected by the disaster to carry out disaster related
activities.
(h) Limitation on Per Disaster Obligations.--Amounts in the
Rural Development Disaster Assistance Fund, except for amounts
described in subsection (d) that are appropriated to the Fund
and obligated in accordance with that subsection, may not be
obligated in excess of $1,000,000 for a disaster until at least
15 days after the date on which the Secretary of Agriculture
notifies the Committees on Appropriations of the House of
Representatives and the Senate of the Secretary's determination
to obligate additional amounts and the reasons for the
determination. The Secretary may not obligate more than 50
percent of the funds contained in the Rural Development
Disaster Assistance Fund for any one disaster unless the
Secretary declares that there is a specific and extreme need
that additional funds must be provided in response to such
disaster at time of the obligation.
(i) Quarterly Reports.--The Secretary of Agriculture shall
submit, on a quarterly basis, to the Committees on
Appropriations of the House of Representatives and the Senate a
report describing the status of the Rural Development Disaster
Assistance Fund and any transactions that have affected the
Fund since the previous report.
Sec. 10102. Section 1601 (c)(2) of the Food, Conservation
and Energy Act of 2008 (Public Law 110-246) shall apply in
implementing section 12033 of such Act.
CHAPTER 2--COMMERCE AND SCIENCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'', for necessary
expenses related to disaster relief, long-term recovery, and
restoration of infrastructure related to the consequences of
hurricanes, floods and other natural disasters occuring during
2008 for which the President declared a major disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, $400,000,000, to remain available
until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', to improve hurricane track and intensity
forecasts for the protection of life and property, $11,000,000,
to remain available until September 30, 2009.
In addition, for an additional amount for ``Operations,
Research, and Facilities'', for fishery disaster assistance,
$75,000,000, to remain available until September 30, 2009:
Provided, That the National Marine Fisheries Service shall
cause such amounts to be distributed among eligible recipients
of assistance for fishery resource disasters and commercial
fishery failures as declared by the Secretary of Commerce under
sections 308(b) and 308(d) of the Interjurisdicitional
Fisheries Act (16 U.S.C. 4107) and sections 312(a) and 315 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1861a(a) and 1864).
procurement, acquisition, and construction
For an additional amount for ``Procurement, Acquisition, and
Construction'', to improve hurricane track and intensity
forecasts for the protection of life and property, $6,000,000,
to remain available until September 30, 2009.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration Capabilities
For an additional amount for ``Exploration Capabilities'',
for necessary expenses for restoration and mitigation of
National Aeronautics and Space Administration owned
infrastructure and facilities related to the consequences of
hurricanes, floods, and other natural disasters occuring during
2008 for which the President declared a major disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $30,000,000, to remain
available until expended with such sums as determined by the
Administrator of the National Aeronautics and Space
Administration as available to reimburse costs incurred and for
transfer to ``Science, Aeronautics and Exploration'' in
accordance with section 505 of division B of Public Law 110-
161.
CHAPTER 3--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes, floods and other natural disasters,
$1,538,800,000, to remain available until expended: Provided,
That the Secretary of the Army is directed to use $38,800,000
of the funds appropriated under this heading to address
emergency situations at Corps of Engineers projects and
rehabilitate and repair damages to Corps projects caused by
recent natural disasters: Provided further, That the Secretary
is directed to use $1,500,000,000 of the funds appropriated
under this heading to fund the estimated amount of the non-
Federal cash contribution for projects in southeast Louisiana
that will be financed in accordance with the provisions of
section 103(k) of Public Law 99-662 over a period of 30 years
from the date of completion of the project or separable
element, with $700,000,000 used for the Lake Pontchartrain and
Vicinity project; $350,000,000 used for the West Bank and
Vicinity project and $450,000,000 used for elements of the
Southeast Louisiana Urban Drainage project that are within the
geographic perimeter of the West Bank and Vicinity and Lake
Pontchartrain and Vicinity projects: Provided further, That the
expenditure of funds as provided above may be made without
regard to individual amounts or purposes and any reallocation
of funds that is necessary to accomplish the established goals
is authorized subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Assistant Secretary of the Army for
Civil Works shall provide a monthly report to the Committees on
Appropriations detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters, $82,400,000,
to remain available until expended, to dredge eligible projects
in response to and repair damages to Federal projects caused by
recent natural disasters: Provided, That $35,000,000 shall be
used to reimburse projects where funding was transferred to the
Flood Control and Coastal Emergencies account under the
provisions of section 5 of the Act of August 18, 1941 (33
U.S.C. 701n): Provided further, That the Assistant Secretary of
the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels and repair other Corps projects
related to natural disasters, $740,000,000, to remain available
until expended: Provided, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of recent hurricanes and other natural
disasters as authorized by law, $415,600,000, to remain
available until expended to support emergency operations,
repair eligible projects nationwide, and for other activities
in response to natural disasters: Provided, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after enactment of this Act.
CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
construction and acquisition
For an additional amount to be deposited in the Federal
Buildings Fund, $182,000,000, exclusive of permitted
escalation, is authorized and available for the Administrator
to proceed with necessary site acquisition, design, and
construction for the new courthouse project in Cedar Rapids,
Iowa: Provided, That the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to exceed
10 percent of the amounts provided unless advance approval is
obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2009 and
remain in the Federal Buildings Fund except for funds for
projects to which funds for design or other funds have been
obligated in whole or in part prior to such date.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2009, for
grants under section 21 of the Small Business Act (15 U.S.C.
648) to small business development centers to provide technical
assistance to small business concerns affected by recent
hurricanes, flooding, and other natural disasters in calendar
year 2008: Provided, That the Administrator of the Small
Business Administration shall waive the matching requirement
under section 21(a)(4)(A) of such Act for any grant made using
funds made available under this heading.
office of inspector general
For an additional amount for ``Office of Inspector General''
for necessary expenses related to the consequences of recent
hurricanes and other natural disasters in calendar year 2008,
$3,000,000, to remain available until expended.
disaster loans program account
For an additional amount for the ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, for necessary expenses related
to recent hurricanes and other natural disasters, $498,000,000,
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 administrative expenses to carry out the
direct loan program authorized by section 7(b) in response to
recent hurricanes and other natural disasters, including onsite
assistance to disaster victims, increased staff at call
centers, processing centers, and field inspections teams, and
attorneys to assist in loan closings, $288,000,000 to remain
available until expended; of which $279,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be paid to
appropriations for Salaries and Expenses; and of which
$9,000,000 is for indirect administrative expenses, which may
be paid to appropriations for Salaries and Expenses.
CHAPTER 5--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the
consequences of 2008 natural disasters and flooding,
$300,000,000, to remain available until expended: Provided,
That notwithstanding the transfer limitation contained in
section 503 of division E of Public Law 110-161, such funding
may be transferred to other Coast Guard appropriations after
notification as required in accordance with such section:
Provided further, That a plan listing all facilities to be
reconstructed and restored, with associated costs, shall be
submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
Federal Emergency Management Agency
disaster relief
(including transfers of funds)
For an additional amount for ``Disaster Relief'',
$7,960,000,000, to remain available until expended: Provided,
That of the amount provided, up to $98,150,000 may be
transferred to the ``Disaster Assistance Direct Loan Program
Account'' for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184), of which up to
$4,200,000 is for administrative expenses to carry out the
direct loan program: Provided further, That such transfer may
be made to subsidize gross obligations for the principal amount
of direct loans not to exceed $100,000,000 under section 417 of
such Act: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a): Provided further, That of
the amount provided, up to $8,000,000 shall be transferred to
the ``Department of Homeland Security Office of Inspector
General'' for audits and investigations related to disasters.
GENERAL PROVISIONS, THIS CHAPTER
(including rescission of funds)
Sec. 10501. (a) Rescission.--Of amounts previously made
available from ``Federal Emergency Management Agency--Disaster
Relief'' to the State of Mississippi pursuant to section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1974 (42 U.S.C. 5170c) for Hurricane Katrina, an
additional $20,000,000 is rescinded.
(b) Appropriation.--For ``Federal Emergency Management
Agency--State and Local Programs'', there is appropriated an
additional $20,000,000, to remain available until expended, for
a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina.
Sec. 10502. There is hereby appropriated to the Secretary of
the Department of Homeland Security not to exceed $100,000,000,
to remain available until September 30, 2009, for payments to
the American Red Cross for reimbursement of disaster relief and
recovery expenditures and emergency services provided in the
United States associated with hurricanes, floods, and other
natural disasters occurring in 2008 for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974,
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 3 percent of the total
appropriation: Provided further, That the Comptroller General
shall audit the use of these funds by the American Red Cross.
Sec. 10503. Until such time as preliminary flood insurance
rate maps initiated prior to October 1, 2008 are completed and
released for public review, preliminary base flood elevations
are published in the Federal Register, and the second required
local newspaper publication of such base flood elevations is
made for the City of St. Louis, St. Charles and St. Louis
counties in Missouri, and Madison, Monroe, and St. Clair
counties in Illinois, the Administration shall not begin the
statutory appeals process in such areas required under section
1363 of the National Flood Insurance Act of 1968.
CHAPTER 6--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$135,000,000, to remain available until expended, of which (1)
$110,000,000 is for urgent wildland fire suppression
activities, including repayments to other accounts from which
funds were transferred in fiscal year 2008 for wildfire
suppression so that all such transfers for fiscal year 2008 are
fully repaid; and (2) $25,000,000 is for burned area
rehabilitation.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $75,000,000,
to remain available until expended, for necessary expenses
related to the consequences of hurricanes and natural
disasters.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $30,000,000, to remain available until expended,
for necessary expenses, including cleanup, related to the
consequences of hurricanes, floods and other natural disasters.
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$775,000,000, to remain available until expended, of which (1)
$500,000,000 shall be available for emergency wildfire
suppression and related activities, of which no less than
$300,000,000 shall be transferred to Forest Service accounts
within 15 days of enactment of this Act so that all such
transfers for wildfire suppression in fiscal year 2008 are
fully repaid, including $30,000,000 reallocated between
programs in the Wildland Fire Management Account; and of which
$100,000,000 shall be transferred within 15 days of enactment
of this Act to the fund established by section 3 of Public Law
71-319 (16 U.S.C. 576 et seq.) to repay transfers made for
previous emergency wildfire suppression activities; (2)
$175,000,000 shall be available for hazardous fuels reduction
and hazard mitigation activities in areas at high risk of
catastrophic wildfire due to population density and fuel loads,
of which $125,000,000 is available for work on State and
private lands using all the authorities available to the Forest
Service; (3) $75,000,000 is for rehabilitation and restoration
of Federal lands and may be transferred to other Forest Service
accounts as necessary; and (4) $25,000,000 is for preparedness
for retention initiatives in areas at high risk of catastrophic
wildfire that face recurrent staffing shortages.
CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$600,000,000, which shall remain available through September
30, 2009, for necessary expenses resulting from hurricanes,
floods, and other natural disasters occurring during 2008 for
which the President declared a major disaster under title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1974, and from Hurricanes Katrina and Rita,
notwithstanding section 2003 and paragraphs (1) and (4) of
section 2005(a) of the Social Security Act: Provided, That
notwithstanding section 2002 of the Social Security Act, the
distribution of such amount shall be limited to States directly
affected by these events: Provided further, That the Secretary
of Health and Human Services shall distribute such amount to
eligible States based on demonstrated need in accordance with
objective criteria that are made available to the public:
Provided further, That in addition to other uses permitted by
title XX of the Social Security Act, funds appropriated under
this heading may be used for health services (including mental
health services), and for repair, renovation, and construction
of health care facilities (including mental health facilities),
child care centers, and other social services facilities.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement Programs''
for education for homeless children and youths (as defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), $15,000,000, to remain available through
September 30, 2009: Provided, That such funds shall be made
available, based on demonstrated need, only to local
educational agencies whose enrollment of homeless students has
increased as a result of hurricanes, floods, and other natural
disasters occurring during 2008 for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974:
Provided further, That such funds shall be used for the
activities described in section 723(d) of such Act (42 U.S.C.
11433(d)) and services provided using such funds shall comply
with paragraphs (2) and (3) of section 723(a) of such Act (42
U.S.C. 11433(a)): Provided further, That the local educational
agency requirements described in paragraphs (3) through (7) of
section 722(g) of such Act (42 U.S.C. 11432(g)) shall apply:
Provided further, That the Secretary of Education shall
distribute these funds to such local educational agencies not
later than 120 days after the date of the enactment of this
Act.
Higher Education Disaster Relief
For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 101 or section 102(c)
of that Act) that are located in an area affected by
hurricanes, floods, and other natural disasters occurring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $15,000,000, to remain
available through September 30, 2009: Provided, That such funds
shall be available to the Secretary of Education only for
payments to help defray the expenses (which may include lost
revenue, reimbursement for expenses already incurred, and
construction) incurred by such institutions of higher education
that were forced to close, relocate, or whose operations were
impaired as a result of damage directly caused by such
hurricanes, floods, and other natural disasters occurring
during 2008, and for payments to enable such institutions to
provide grants to students who attend such institutions for
academic years beginning on or after July 1, 2008: Provided
further, That such payments shall be made in accordance with
criteria established by the Secretary and made publicly
available without regard to section 437 of the General
Education Provisions Act, section 553 of title 5, United States
Code, or part B of title VII of the HEA: Provided further, That
the Secretary shall award funds available under this paragraph
not later than 60 days after the date of the enactment of this
Act.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 10701. (a) Extension of Waiver Authority.--Section 105
of subtitle A of title IV of division B of Public Law 109-148
(119 Stat. 2797) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``for
fiscal year 2007.'' and inserting ``for any of
fiscal years 2007 through 2009.''; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ``for fiscal
year 2006 or 2007'' and inserting ``for any fiscal
year''.
(b) Application of Waiver Authority to Areas Affected in
2008.--The authority of the Secretary of Education under
section 105 of subtitle A of title IV of division B of Public
Law 109-148 (119 Stat. 2797), as amended by subsection (a), may
be exercised with respect to an entity in an area affected by
hurricanes, floods, and other natural disasters occurring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974.
Sec. 10702. (a) Allocation and Use of Campus-Based Higher
Education Assistance.--
(1) Waiver of matching requirements.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42
U.S.C. 2753(b)(5)), with respect to funds made
available for academic year 2009-2010 to an institution
of higher education located in an area affected by a
2008 natural disaster, the Secretary shall waive the
requirement that a participating institution of higher
education provide a non-Federal share or a capital
contribution, as the case may be, to match Federal
funds provided to the institution for the programs
authorized pursuant to subpart 3 of part A and part C
of title IV of such Act.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding
sections 413D(d) and 442(d) of the Higher
Education Act of 1965 (20 U.S.C. 1070b-3(d); 42
U.S.C. 2752(d)), the Secretary shall--
(i) reallocate any funds returned
under any of those sections that were
allocated to institutions of higher
education for award year 2008-2009 to
an institution of higher education that
is eligible under this paragraph; and
(ii) waive the allocation reduction
for award year 2009-2010 for an
institution returning more than 10
percent of its allocation under any of
those sections.
(B) Eligible institutions for reallocation.--
An institution of higher education may receive
a reallocation of excess allocations under this
paragraph if the institution--
(i) participates in the program for
which excess allocations are being
reallocated; and
(ii) is located in an area affected
by a 2008 natural disaster.
(C) Basis of reallocation.--The Secretary
shall determine the manner in which excess
allocations shall be reallocated to
institutions under subparagraph (A), and shall
give additional consideration to the needs of
institutions located in an area affected by a
2008 natural disaster.
(D) Additional waiver authority.--
Notwithstanding any other provision of law, in
order to carry out this paragraph, the
Secretary may waive or modify any statutory or
regulatory provision relating to the
reallocation of excess allocations under
subpart 3 of part A or part C of title IV of
the Higher Education Act of 1965 in order to
ensure that assistance is received by
institutions described in subsection (a)(2)(B).
(b) Definitions.--In this section:
(1) 2008 natural disaster.--The term ``2008 natural
disaster'' means a major disaster that the President
declared to exist, in accordance with section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) that was caused by
hurricanes, floods, and other natural disasters during
calendar year 2008.
(2) Area affected by a 2008 natural disaster.--The
term ``area affected by a 2008 natural disaster'' means
a county or parish that has been designated by the
Federal Emergency Management Agency for disaster
assistance for individuals and households as a result
of a 2008 natural disaster.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Education.
CHAPTER 8--MILITARY CONSTRUCTION
DEPARTMENT OF DEFENSE
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $25,000,000, to remain available until
September 30, 2013, for construction due to damages as a result
of natural disasters: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military contruction projects
not otherwise authorized by law: Provided further, That within
30 days of enactment of this Act, the Army National Guard shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
heading.
CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', for the water
quantity program to meet immediate and emergency repair and
rehabilitation requirements, $37,500,000, to remain available
until expended: Provided, That up to $3,000,000 may be
transferred to, and merged with, funds available under the
heading ``International Boundary and Water Commission--Salaries
and Expenses'': Provided further, That not later than 60 days
after enactment of this Act, the Commission shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spending plan for funds appropriated
under this heading.
CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$850,000,000, to remain available until expended: Provided,
That notwithstanding section 125(d)(1) of such title, the
Secretary of Transportation may obligate more than $100,000,000
for eligible expenses in a State in a fiscal year to respond to
damage caused by Hurricanes Gustav and Ike.
Federal Railroad Administration
railroad rehabilitation and repair
For necessary expenses for the Secretary of Transportation to
make grants to repair and rehabilitate Class II and Class III
railroad infrastructure damaged by hurricanes, floods, and
other natural disasters in areas for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974,
$20,000,000, to remain available until expended, and to be
awarded to States on a competitive case-by-case basis based on
need: Provided, That funds available under this heading shall
be available for repair and rehabilitation of railroad rights-
of-way, bridges, signals, and other infrastructure which is
part of the general railroad system of transportation and
primarily used by railroads to move freight traffic: Provided
further, That the maximum Federal share for carrying out a
project under this heading shall be 80 percent of the project
cost with the non-Federal share provided only in cash,
equipment or supplies: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds under this
heading to fund the oversight by the Administrator of the
Federal Railroad Administration of the design and
implementation of projects funded by grants made under this
heading: Provided further, That the provisions of section 24312
of title 49, United States Code, shall apply to grantees
assisted under this heading: Provided further, That grantees
must exhaust all other Federal and State resources prior to
seeking assistance under this heading.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental
Assistance'', as authorized under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.), not otherwise provided for,
$85,000,000, to remain available until expended, for
incremental housing assistance, including related
administrative expenses, for persons assisted under the
Disaster Housing Assistance Program whose assistance would
otherwise end on March 1, 2009.
project-based rental assistance
For an additional amount to areas impacted by Hurricanes
Katrina and Rita for project-based vouchers under section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)), $50,000,000, to remain available until expended.
public housing capital fund
For an additional amount to be made available to the
Secretary of Housing and Urban Development, $15,000,000,
notwithstanding any other provision of law, to be used solely
for the redevelopment of public housing impacted by Hurricanes
Katrina and Rita.
Community Planning and Development
community development fund
For an additional amount for the ``Community Development
Fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure, housing,
and economic revitalization in areas affected by hurricanes,
floods, and other natural disasters occuring during 2008 for
which the President declared a major disaster under title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1974, $6,500,000,000, to remain available until
expended, for activities authorized under title I of the
Housing and Community Development Act of 1974 (Public Law 93-
383): Provided, That funds provided under this heading shall be
administered through an entity or entities designated by the
Governor of each State: Provided further, That such funds may
not be used for activities reimbursable by, or for which funds
are made available by, the Federal Emergency Management Agency
or the Army Corps of Engineers: Provided further, That funds
allocated under this heading shall not adversely affect the
amount of any formula assistance received by a State under the
Community Development Fund: Provided further, That each State
may use up to 5 percent of its allocation for administrative
costs: Provided further, That $6,500,000 shall be available for
use by the Assistant Secretary of Community Planning and
Development for the administrative costs, including information
technology costs, with respect to amounts made available under
this section and under section 2301(a) of the Housing and
Economic Recovery Act of 2008. Provided further, That not less
than $650,000,000 from funds made available on a pro-rata basis
according to the allocation made to each State under this
heading shall be used for repair, rehabilitation, and
reconstruction (including demolition, site clearance and
remediation) of the affordable rental housing stock (including
public and other HUD-assisted housing) in the impacted areas
where there is a demonstrated need as determined by the
Secretary: Provided further, That in administering the funds
under this heading, the Secretary of Housing and Urban
Development 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 or guarantees
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a request by a State explaining why such waiver is required to
facilitate the use of such funds or guarantees, if the
Secretary finds that such waiver would not be inconsistent with
the overall purpose of title I of the Housing and Community
Development Act of 1974: Provided further, That a waiver
granted by the Secretary under the preceding proviso may not
reduce the percentage of funds which must be used for
activities that benefit persons of low and moderate income to
less than 50 percent, unless the Secretary specifically finds
that there is compelling need to further reduce or eliminate
the percentage requirement: Provided further, That the
Secretary shall publish in the Federal Register any waiver of
any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development
Act of 1974 no later than 5 days before the effective date of
such waiver: Provided further, That every waiver made by the
Secretary must be reconsidered according to the three previous
provisos on the 2-year anniversary of the day the Secretary
published the waiver in the Federal Register: Provided further,
That the Secretary shall allocate to the states not less than
33 percent of the funding provided under this heading within 60
days after the enactment of this Act based on the best
estimates available of relative damage and anticipated
assistance from other Federal sources: Provided further, That
prior to the obligation of funds each State shall submit a plan
to the Secretary detailing the proposed use of all funds,
including criteria for eligibility and how the use of these
funds will address long-term recovery and restoration of
infrastructure: Provided further, That each State will report
quarterly to the Committees on Appropriations on all awards and
uses of funds made available under this heading, including
specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source basis:
Provided further, That the Secretary shall notify the
Committees on Appropriations of any proposed allocation of any
funds and any related waivers made pursuant to the provisions
under this heading no later than 5 days before such allocation
or waiver is made: Provided further, That the Secretary shall
establish procedures to prevent recipients from receiving any
duplication of benefits and report quarterly to the Committees
on Appropriations with regard to all steps taken to prevent
fraud and abuse of funds made available under this heading
including duplication of benefits: Provided further, That none
of the funds provided under this heading may be used by a State
or locality as a matching requirement, share, or contribution
for any other Federal program.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 11001. Section 7025 of Public Law 109-234 is amended by
inserting ``and nine months'' after ``two years''.
Sec. 11002. The Secretary of Housing and Urban Development
(``Secretary'') is authorized to transfer, at the request of
the project owner, any project-based assistance contract in its
entirety entered into pursuant to section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) (and any use
restriction on the project) from one project to another
project. The Secretary shall make a determination of approval
or disapproval within 60 days of receipt of the proper
documentation required for such transfer, as determined by the
Secretary, if--
(1) the project from which the contract is
transferred is destroyed, damaged by Hurricanes Katrina
or Rita, or is considered beyond repair, physically
obsolete, or economically infeasible; and
(2) the number of individuals that can be served in
the project to which the contract is transferred is
approximately at least equal to the number of
individuals that could be served in the project from
which the contract is transferred, and any difference
in the unit count and bedroom configuration between the
two projects shall be immaterial to the Secretary's
authority to transfer the contract.
Sec. 11003. Section 901 of Public Law 109-148 is amended by
deleting ``calendar years 2006 and 2007'' and inserting
``calendar years 2006, 2007, 2008, and 2009''.
TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1--STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$9,000,000, which shall be transferred to the Special Inspector
General for Afghanistan Reconstruction for reconstruction
oversight, to remain available until September 30, 2010.
BILATERAL ECONOMIC ASSISTANCE
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010, of
which up to $5,000,000 may be made available for administrative
expenses of the United States Agency for International
Development, in addition to amounts otherwise made available
for such purposes: Provided, That of the funds appropriated
under this heading, $365,000,000 shall be made available for
assistance for Georgia and the region for humanitarian and
economic relief, reconstruction, energy-related programs and
democracy activities, and may be transferred to, and merged
with, funds appropriated under the headings ``Assistance for
the Independent States of the Former Soviet Union'' and
``International Disaster Assistance'', of which up to
$8,000,000 may be transferred to, and merged with, funds made
available for ``International Broadcasting Operations'' for
broadcasting activities to Georgia, Russia and the region:
Provided further, That none of the funds made available in
prior Acts making appropriations for foreign operations, export
financing, and related programs under the headings ``Assistance
for the Independent States of the Former Soviet Union'' and
``Assistance for Eastern Europe and the Baltic States'', or
funds appropriated for Iraq for the Community Stabilization
Program under the heading ``Economic Support Fund'' in Public
Law 110-252, may be reprogrammed for assistance for Georgia:
Provided further, That of the funds appropriated under this
heading, not less than $100,000,000 shall be made available for
hurricane relief and reconstruction assistance for Haiti and
other Caribbean countries: Provided further, That funds
appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
CHAPTER 2--AGRICULTURE
BILL EMERSON HUMANITARIAN TRUST
Sec. 20201. There is hereby appropriated to the Secretary of
Agriculture $100,000,000, to remain available until expended,
to carry out the Bill Emerson Humanitarian Trust, as authorized
by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).
TITLE III--GENERAL PROVISIONS
SHORT TITLE
Sec. 30001. This division may be cited as the ``Disaster
Relief and Recovery Supplemental Appropriations Act, 2008''.
EMERGENCY DESIGNATION
Sec. 30002. Each amount in this Act is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
COORDINATION OF PROVISIONS
Sec. 30003. Unless otherwise expressly provided, each amount
in this Act is a supplemental appropriation for fiscal year
2008 or, if enacted after September 30, 2008, for fiscal year
2009.
[Clerk's note: Reproduced below is the material relating to
division B contained in the ``Explanatory Statement Submitted
by Mr. Obey, Chairman of the House Committee on Appropriations,
Regarding the Amendment of the House of Representatives to the
Senate Amendment to H.R. 2638''.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on September 24, 2008, prior to House
consideration of the amendment and as directed by the House of
Representatives in section 3 of H. Res. 1488. The Statement appears in
Book II of the September 24 Congressional Record.
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Explanatory Statement, Division B
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
Division B makes emergency supplemental appropriations for
relief and recovery from hurricanes, floods, and other
disasters. The following table summarizes the appropriations
made by this division:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each Senator, House Member, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
DIVISION B--DISASTER RELIEF AND RECOVERY
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Agency Account Project Amount Requester(s)
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Corps of Engineers Construction Lake Pontchartrain and Vicinity, LA $700,000,000 The President; Landrieu, Mary L.; Vitter,
David
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Corps of Engineers Construction West Bank and Vicinity, LA $350,000,000 The President; Landrieu, Mary L.; Vitter,
David
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Corps of Engineers Construction Southeast Louisiana Urban Drainage, LA $450,000,000 The President; Landrieu, Mary L.; Vitter,
David
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FEMA General Provision Concerning flood insurance rate maps in certain areas in MO Durbin, Richard; Costello, Jerry; Shimkus,
and IL John
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FEMA General Provision Communications System, MS Cochran, Thad
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GSA Federal Buildings Fund Cedar Rapids Courthouse, IA $182,000,000 Harkin, Tom; Grassley, Chuck; Loebsack, Dave
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