[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

=======================================================================

    [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\]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                   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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Agency                          Account                                         Project                                   Amount                        Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GSA                             Federal Buildings Fund          Cedar Rapids Courthouse, IA                                          $182,000,000  Harkin, Tom; Grassley, Chuck; Loebsack, Dave
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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