[Congressional Record Volume 150, Number 128 (Saturday, October 9, 2004)]
[House]
[Pages H9054-H9113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 4837, MILITARY CONSTRUCTION APPROPRIATIONS 
                               ACT, 2005

  Mr. KNOLLENBERG submitted the following conference report and 
statement on the bill (H.R. 4837) making appropriations for military 
construction, family housing, and base realignment and closure for the 
Department of Defense for the fiscal year ending September 30, 2005, 
and for other purposes:

                  Conference Report (H. Rept. 108-773)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4837) ``making appropriations for military construction, 
     family housing, and base realignment and closure for the 
     Department of Defense for the fiscal year ending September 
     30, 2005, and for other purposes,'' having met, after full 
     and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and

[[Page H9055]]

     agree to the same with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. REFERENCES.

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

       DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005

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

                      Military Construction, Army


                        (including rescissions)

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

              Military Construction, Navy and Marine Corps


                         (including rescission)

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

                    Military Construction, Air Force


                         (including rescission)

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

                  Military Construction, Defense-Wide


             (including transfer of funds and rescissions)

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

               Military Construction, Army National Guard

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

               Military Construction, Air National Guard


                         (including rescission)

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

                  Military Construction, Army Reserve

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

                  Military Construction, Naval Reserve

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

                Military Construction, Air Force Reserve

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

                   North Atlantic Treaty Organization

                      Security Investment Program


                         (including rescission)

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

                   Family Housing Construction, Army


                         (including rescission)

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

             Family Housing Operation and Maintenance, Army

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

           Family Housing Construction, Navy and Marine Corps


                        (including rescissions)

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

                 Family Housing Construction, Air Force


                        (including rescissions)

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

[[Page H9056]]

          Family Housing Operation and Maintenance, Air Force

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

               Family Housing Construction, Defense-Wide

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

         Family Housing Operation and Maintenance, Defense-Wide

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

         Department of Defense Family Housing Improvement Fund


                        (including rescissions)

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

          Chemical Demilitarization Construction, Defense-Wide


                     (including transfer of funds)

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

                  Base Realignment and Closure Account

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

                           GENERAL PROVISIONS

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


                          (transfer of funds)

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


                          (transfer of funds)

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


                          (transfer of funds)

       Sec. 120. Subject to 30 days prior notification to the 
     Committees on Appropriations of both Houses of Congress, such 
     additional amounts as may be determined by the Secretary of 
     Defense may be transferred to (1) the Department of Defense 
     Family Housing Improvement Fund from amounts appropriated for 
     construction in ``Family Housing'' accounts, to be merged 
     with and to be available for the same purposes and for the 
     same period of time as amounts appropriated directly to the 
     Fund, or (2) the Department of Defense Military Unaccompanied 
     Housing Improvement Fund from amounts appropriated for 
     construction of military unaccompanied housing in ``Military 
     Construction'' accounts, to be merged with and to be 
     available for the same purposes and for the same period of 
     time as amounts appropriated directly to the Fund: Provided, 
     That appropriations made available to the Funds shall be 
     available to cover the costs, as defined in section 502(5) of 
     the Congressional Budget Act of 1974, of direct loans or loan 
     guarantees issued by the Department of Defense pursuant to 
     the provisions of subchapter IV of chapter 169, title 10, 
     United States Code, pertaining to alternative means of 
     acquiring and improving military family housing, military 
     unaccompanied housing, and supporting facilities.
       Sec. 121. None of the funds made available in this Act may 
     be obligated for Partnership for Peace Programs in the New 
     Independent States of the former Soviet Union.
       Sec. 122. (a) Not later than 60 days before issuing any 
     solicitation for a contract with the

[[Page H9057]]

     private sector for military family housing the Secretary of 
     the military department concerned shall submit to the 
     Committees on Appropriations of both Houses of Congress the 
     notice described in subsection (b).
       (b)(1) A notice referred to in subsection (a) is a notice 
     of any guarantee (including the making of mortgage or rental 
     payments) proposed to be made by the Secretary to the private 
     party under the contract involved in the event of--
       (A) the closure or realignment of the installation for 
     which housing is provided under the contract;
       (B) a reduction in force of units stationed at such 
     installation; or
       (C) the extended deployment overseas of units stationed at 
     such installation.
       (2) Each notice under this subsection shall specify the 
     nature of the guarantee involved and assess the extent and 
     likelihood, if any, of the liability of the Federal 
     Government with respect to the guarantee.


                          (transfer of funds)

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

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

                                 An Act

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

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2005, to provide emergency supplemental 
     appropriations for additional disaster assistance relating to 
     natural disasters, and for other purposes, namely:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                     Emergency Conservation Program

       For an additional amount for ``Emergency Conservation 
     Program'', for expenses resulting from natural disasters, 
     $100,000,000, to remain available until expended: Provided, 
     That the amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of S. 
     Con. Res. 95 (108th Congress), as made applicable to the 
     House of Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

                 Natural Resources Conservation Service


                 Emergency Watershed Protection Program

       For an additional amount for ``Emergency Watershed 
     Protection Program'' to repair damages to the waterways and 
     watersheds resulting from natural disasters, $250,000,000, to 
     remain available until expended: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                           Rural Development


                  Rural Community Advancement Program

       For an additional amount for the ``Rural Community 
     Advancement Program'', $68,000,000, to remain available until 
     expended: Provided, That $50,000,000 shall be available for 
     water and waste disposal grants as authorized by 7 U.S.C. 
     1926(a): Provided further, That $18,000,000 shall be for the 
     cost of community facility direct loans and grants as 
     authorized by 7 U.S.C. 1926(a): Provided further, That loans 
     and grants under this heading shall be available for projects 
     in communities affected by hurricanes and tropical storms in 
     calendar year 2003 or 2004: Provider further, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

                         Rural Housing Service


              Rural Housing Insurance Fund Program Account

       For additional gross obligations for the principal amount 
     of direct loans as authorized by title V of the Housing Act 
     of 1949, to be available from funds in the rural housing 
     insurance fund, $17,000,000 for section 504 housing repair 
     loans: Provided, That this loan level shall be considered an 
     estimate and not a limitation.
       For the additional cost of direct loans, including the cost 
     of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974: section 504 housing repair 
     loans, $5,000,000, to remain available until expended: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of S. Con.

[[Page H9058]]

     Res. 95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.


                    Rural Housing Assistance Grants

       For an additional amount for ``Rural Housing Assistance 
     Grants'', $13,000,000, to remain available until expended, of 
     which $8,000,000 shall be for grants and contracts for very 
     low-income housing repair, made by the Rural Housing Service, 
     as authorized by 42 U.S.C. 1474, and of which $5,000,000 
     shall be for domestic farm labor housing grants and 
     contracts, as authorized by 42 U.S.C. 1486: Provided, That of 
     the funds made available for domestic farm labor housing 
     grants, the Secretary may use up to $3,000,000 to provide 
     grants authorized under 42 U.S.C. 5 177a(a): Provided 
     further, That such grants and contracts under this heading 
     shall only be available for projects in communities affected 
     by hurricanes and tropical storms in calendar year 2003 or 
     2004: Provided further, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                    GENERAL PROVISIONS--THIS CHAPTER

     SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.

       (a) Crop Disaster Assistance.--
       (1) Definitions.--In this subsection:
       (A) Additional coverage.--The term ``additional coverage'' 
     has the meaning given the term in section 502(b)(1) of the 
     Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
       (B) Insurable commodity.--The term ``insurable commodity'' 
     means an agricultural commodity (excluding livestock) for 
     which the producers on a farm are eligible to obtain a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.).
       (C) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means an eligible crop for which the producers on 
     a farm are eligible to obtain assistance under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (2) Emergency financial assistance.--Notwithstanding 
     section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(b)(7)), the Secretary of Agriculture shall use such sums 
     as are necessary of funds of the Commodity Credit Corporation 
     to make emergency financial assistance authorized under this 
     subsection available to producers on a farm other than 
     producers of cottonseed or sugar cane that have incurred 
     qualifying crop or quality losses for the 2003, 2004, or 2005 
     crop (as elected by a producer), but limited to only one of 
     the crop years listed, due to damaging weather or related 
     condition, as determined by the Secretary: Provided, That 
     qualifying crop losses for the 2005 crop are limited to only 
     those losses caused by a hurricane or tropical storm of the 
     2004 hurricane season in counties declared disaster areas by 
     the President of the United States: Provided further, That 
     notwithstanding the crop year election limitation in this 
     paragraph, $53,000,000 shall be provided to the Secretary of 
     Agriculture, of which $50,000,000 shall be for crop losses in 
     the Commonwealth of Virginia, and of which $3,000,000 shall 
     be for fruit and vegetable losses in the State of North 
     Carolina: Provided further, That these losses resulted from 
     hurricanes, tropical storms, and other weather related 
     disasters that occurred during calendar year 2003, to remain 
     available until expended.
       (3) Administration.--The Secretary shall make assistance 
     available under this subsection in the same manner as 
     provided under section 815 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
     Stat. 1549A-55), including using the same loss thresholds for 
     the quantity and quality losses as were used in administering 
     that section.
       (4) Ineligibility for assistance.--Except as provided in 
     paragraph (5), the producers on a farm shall not be eligible 
     for assistance under this subsection with respect to losses 
     to an insurable commodity or noninsurable commodity if the 
     producers on the farm--
       (A) in the case of an insurable commodity, did not obtain a 
     policy or plan of insurance for the insurable commodity under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
     the crop incurring the losses;
       (B) in the case of a noninsurable commodity, did not file 
     the required paperwork, and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the 
     crop incurring the losses;
       (C) had adjusted gross incomes, as defined by section 1001D 
     of the Food Security Act of 1985, of greater than $2,500,000 
     in 2003; or
       (D) were not in compliance with highly erodible land 
     conservation and wetland conservation provisions.
       (5) Contract waiver.--The Secretary may waive paragraph (4) 
     with respect to the producers on a farm if the producers 
     enter into a contract with the Secretary under which the 
     producers agree--
       (A) in the case of an insurable commodity, to obtain a 
     policy or plan of insurance under the Federal Crop Insurance 
     Act (7 U.S.C. 1501 et seq.) providing additional coverage for 
     the insurable commodity for each of the next 2 crops; and
       (B) in the case of a noninsurable commodity, to file the 
     required paperwork and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity for each of the next 2 crops under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (6) Effect of violation.--In the event of the violation of 
     a contract under paragraph (5) by a producer, the producer 
     shall reimburse the Secretary for the full amount of the 
     assistance provided to the producer under this subsection.
       (7) Payment limitations.--
       (A) Limit on amount of assistance.--Assistance provided 
     under this subsection to a producer for losses to a crop, 
     together with the amounts specified in subparagraph (B) 
     applicable to the same crop, may not exceed 95 percent of 
     what the value of the crop would have been in the absence of 
     the losses, as estimated by the Secretary.
       (B) Other payments.--In applying the limitation in 
     subparagraph (A), the Secretary shall include the following:
       (i) Any crop insurance payment made under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) or payment under 
     section 196 of the Federal Agricultural Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333) that the producer receives 
     for losses to the same crop.
       (ii) The value of the crop that was not lost (if any), as 
     estimated by the Secretary.
       (C) Effect of florida disaster programs.--Persons that 
     received payments from section 32 of the Act of August 24, 
     1935 with respect to 2004 hurricane crop losses are not 
     eligible for payments under this subsection.
       (b) Livestock Assistance Program.--
       (1) Emergency financial assistance.--The Secretary of 
     Agriculture shall use such sums as are necessary of funds of 
     the Commodity Credit Corporation to make and administer 
     payments for livestock losses to producers for 2003 or 2004 
     losses (as elected by a producer), but not both, in a county 
     that has received an emergency designation by the President 
     or the Secretary after January 1, 2003, of which an amount 
     determined by the Secretary shall be made available for the 
     American Indian livestock program under section 806 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387; 114 Stat. 1549A-51).
       (2) Administration.--The Secretary shall make assistance 
     available under this subsection in the same manner as 
     provided under section 806 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
     Stat. 1549A-51).
       (3) Mitigation.--In determining the eligibility for or 
     amount of payments for which a producer is eligible under the 
     livestock assistance program, the Secretary shall not 
     penalize a producer that takes actions (recognizing disaster 
     conditions) that reduce the average number of livestock the 
     producer owned for grazing during the production year for 
     which assistance is being provided.
       (c) Tree Assistance Program.--
       (1) Emergency assistance.--The Secretary of Agriculture 
     shall use such sums as are necessary of the funds of the 
     Commodity Credit Corporation to provide assistance under the 
     tree assistance program established under sections 10201 
     through 10204 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered 
     tree losses during the period beginning on December 1, 2003, 
     and ending on December 31, 2004.
       (2) Additional assistance.--In addition to providing 
     assistance to eligible orchardists under the tree assistance 
     program, the Secretary shall use an additional $15,000,000 of 
     the funds of the Commodity Credit Corporation to provide 
     reimbursement under sections 10203 and 10204 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8203, 
     8204) to eligible forest land owners who produce periodic 
     crops of timber from trees for commercial purposes and who 
     have suffered tree losses during the period specified in 
     paragraph (1).
       (3) Effect of florida disaster programs.--Persons that 
     received payments from section 32 of the Act of August 24, 
     1935 with respect to 2004 hurricane crop losses are not 
     eligible for payments under this section.
       (d) Emergency Conservation Program.--The Secretary of 
     Agriculture shall use an additional $50,000,000 of the funds 
     of the Commodity Credit Corporation to provide assistance 
     under the Emergency Conservation Program under title IV of 
     the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.).
       (e) Offset.--Section 1241(a)(3) of the Food Security Act of 
     1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before 
     the period at the end the following: ``, using not more than 
     $6,037,000,000 for the period of fiscal years 2005 through 
     2014''.
       (f) That for purposes of the budget scoring guidance in 
     effect for the Congress and the Executive branch 
     respectively, and notwithstanding the Budget Scorekeeping 
     Guidelines set forth in the joint explanatory statement of 
     the committee of conference accompanying Conference Report 
     105-217, any savings from subsection (e) shall not be scored 
     until fiscal year 2008.
       (g) The issuance of regulations shall be made without 
     regard to: (1) the notice and comment provisions of section 
     553 of title 5, United States Code; (2) the Statement of 
     Policy of the Secretary of Agriculture effective July 24, 
     1971 (36 Fed. Reg. 138O4), relating to notices of proposed 
     rulemaking and public participation in rulemaking; and (3) 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act''): Provided, That in carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
       Sec. 102. The Secretary of Agriculture shall use 
     $40,000,000, of which, $7,200,000 shall be provided to the 
     State of Hawaii for assistance to an agricultural 
     transportation cooperative in Hawaii, the members of which 
     are eligible to participate in the Farm Service Agency 
     administered Commodity Loan Program, and of which

[[Page H9059]]

     $32,800,000 shall be to make payments to processors in 
     Florida that are eligible to obtain a loan under section 
     156(a) of the Federal Agriculture Improvement and Reform Act 
     of 1996 (7 U.S.C. 7272(a)) to compensate first processors and 
     producers for crop and other losses that are related to 
     hurricanes, tropical storms, excessive rains, and floods in 
     Florida during calendar year 2004, to be calculated and paid 
     on the basis of losses on 40 acre harvesting units, in 
     counties declared a disaster by the President of the United 
     States in 2004 due to hurricanes, on the same terms and 
     conditions, to the extent practicable, as the payments made 
     under section 207 of the Agricultural Assistance Act of 2003 
     (Public Law 108-7).
       Sec. 103. The Secretary of Agriculture shall use 
     $10,000,000 to make payments to dairy producers for dairy 
     production losses, and dairy spoilage losses in counties 
     declared a disaster by the President of the United States in 
     2004 due to hurricanes.
       Sec. 104. The Secretary of Agriculture shall use 
     $10,000,000 to provide assistance to producers and first 
     handlers of the 2004 crop of cottonseed located in counties 
     declared a disaster by the President of the United States in 
     2004 due to hurricanes.
       Sec. 105. (a) The Secretary shall use the funds, 
     facilities, and authorities of the Commodity Credit 
     Corporation to carry out section 101, 102, 103, 104, 108, 
     109, 110, and 111 of this chapter, to remain available until 
     expended.
       (b) The amounts provided under sections 101, 102, 103, 104, 
     108, 109, 110, and 111 in this chapter are designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.
       Sec. 106. (a) Rural Community Advancement Program.--The 
     communities in Burlington and Camden Counties in New Jersey, 
     affected by the flood which occurred on July 12, 2004, are 
     deemed to be rural areas during fiscal year 2005 for purposes 
     of subtitle E of the Consolidated Farm and Rural Development 
     Act. Any limitations under subtitle E of the Consolidated 
     Farm and Rural Development Act that are based on the income 
     of families shall not apply during fiscal year 2005 with 
     respect to such communities, or to businesses or families 
     residing in such communities.
       (b) Rural Housing Insurance Fund and Rural Housing 
     Assistance Grants.--The communities referred to in subsection 
     (a) are deemed to be rural areas during fiscal year 2005 for 
     purposes of the direct and guaranteed loan programs under 
     title V of the Housing Act of 1949 and the grant programs 
     under sections 504, 509(c), 525, and 533 of such title V. Any 
     limitations under title V of the Housing Act of 1949 that are 
     based on the income of families shall not apply during fiscal 
     year 2005 with respect to such communities or to families 
     residing in such communities.
       Sec. 107. The Secretary of Agriculture shall provide 
     financial and technical assistance to repair, and if 
     necessary, replace Hope Mills Dam, Cumberland County, North 
     Carolina, in accordance with the dam safety standards of the 
     state of North Carolina: Provided, That from within the funds 
     provided in this chapter for the Emergency Watershed 
     Protection program of the Natural Resources Conservation 
     Service $1,600,000 is provided for this purpose.
       Sec. 108. The Secretary shall provide $90,000,000 to the 
     fund established by section 32 of the Act of August 24, 1935 
     (7 U.S.C. 612c), to make payments with respect to 2004 
     hurricane losses.
       Sec. 109. The Secretary, acting through the Farm Service 
     Agency, may use not more than $4,000,000 to cover 
     administrative expenses associated with the implementation of 
     sections 101 and 102 of this chapter.
       Sec. 110. In addition to amounts provided in this Act for 
     the tree assistance program, $10,000,000 shall be made 
     available to the Secretary of Agriculture, to remain 
     available until expended, to provide assistance to eligible 
     private forest landowners owning not more than 5,000 acres of 
     forest crop in counties declared Presidential disaster areas 
     as a result of hurricane, tropical storm, or related events 
     for the purposes of debris removal, replanting of timber, and 
     other such purposes.
       Sec. 111. In addition to amounts provided in this Act for 
     the tree assistance program, $8,500,000 shall be made 
     available to the Secretary of Agriculture, to remain 
     available until expended, to provide assistance under the 
     tree assistance program established under subtitle C of title 
     X of the Farm Security and Rural Investment Act of 2002 to 
     pecan producers in counties declared a disaster by the 
     President of the United States who suffered tree loss or 
     damage due to damaging weather related to' any hurricane or 
     tropical storm of the 2004 hurricane season: Provided, That 
     the funds made, available under this section shall also be 
     made available to cover costs associated with pruning, 
     rehabilitating, and other appropriate activities as 
     determined by the Secretary.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         Federal Prison System


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,500,000, to remain available until September 30, 2005, for 
     emergency hurricane-related expenses: Provided, That such 
     amount is designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.


                        Buildings and Facilities

       For an additional amount for ``Buildings and Facilities'', 
     $18,600,000, to remain available until expended for emergency 
     hurricane-related expenses: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  Operations, Research and Facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $16,900,000, to remain available until 
     September 30, 2006, of which $9,000,000 shall be for 
     reseeding, rehabilitation and restoration of oyster reefs in 
     Alabama, Florida, Louisiana, and Mississippi: Provided, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.


               Procurement, Acquisition and Construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $3,800,000, to remain available until 
     September 30, 2007: Provided, That such amount is designated 
     as an emergency requirement pursuant to section 402 of S. 
     Con. Res. 95 (108th Congress), as made applicable to the 
     House of Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

                     SMALL BUSINESS ADMINISTRATION

                     Disaster Loans Program Account

       For an additional amount for ``Disaster Loans Program 
     Account'' for the cost of direct loans, $501,000,000, to 
     remain available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in Section 502 of the Congressional Budget Act of 
     1974.
       In addition, for an additional amount for ``Disaster Loans 
     Program Account'' for administrative expenses to carry out 
     the disaster loan program, $428,000,000, to remain available 
     until expended, which may be transferred to the 
     appropriations for ``Salaries and Expenses'': Provided, That 
     no funds shall be transferred to the appropriations for 
     ``Salaries and Expenses'' for indirect administrative 
     expenses: Provided further, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Army'', $8,600,000, for emergency hurricane and other natural 
     disaster-related expenses, which shall be available for 
     transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $458,000,000, for emergency hurricane and other 
     natural disaster-related expenses, which shall be available 
     for transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                Operation and Maintenance, Marine Corps


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,300,000, for emergency hurricane and other 
     natural disaster-related expenses, which shall be available 
     for transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                  Operation and Maintenance, Air Force


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $165,400,000, for emergency hurricane and other 
     natural disaster-related expenses, which shall be available 
     for transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                Operation and Maintenance, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $100,000,000, for emergency hurricane and 
     other natural disaster-related expenses, which shall be 
     available for transfer to reimburse costs incurred in fiscal 
     year 2004: Provided, That the Secretary of Defense may 
     transfer these funds to appropriations

[[Page H9060]]

     for military personnel; operation and maintenance; the 
     Defense Health Program; and working capital funds: Provided 
     further, That funds transferred shall be merged with and be 
     available for the same purposes and for the same time period 
     as the appropriation or fund to which transferred: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That upon a determination that all 
     or part of the funds transferred from this appropriation are 
     not necessary for the purposes provided herein, such amounts 
     may be transferred back to this appropriation: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer: Provided further, That the 
     Secretary shall submit a report no later than 30 days after 
     the end of each fiscal quarter to the congressional defense 
     committees summarizing the details of the transfer of funds 
     from this appropriation: Provided further, That such amount 
     is designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.

                Operation and Maintenance, Army Reserve


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $1,400,000, for emergency hurricane and other 
     natural disaster-related expenses, which shall be available 
     for transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                Operation and Maintenance, Navy Reserve


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $1,000,000, for emergency hurricane and other 
     natural disaster-related expenses, which shall be available 
     for transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

              Operation and Maintenance, Air Force Reserve


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $2,400,000, for emergency hurricane and 
     other natural disaster-related expenses, which shall be 
     available for transfer to reimburse costs incurred in fiscal 
     year 2004: Provided, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

             Operation and Maintenance, Army National Guard


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $10,500,000, for emergency hurricane 
     and other natural disaster-related expenses, which shall be 
     available for transfer to reimburse costs incurred in fiscal 
     year 2004: Provided, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

             Operation and Maintenance, Air National Guard


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $2,200,000, for emergency hurricane and 
     other natural disaster-related expenses, which shall be 
     available for transfer to reimburse costs incurred in fiscal 
     year 2004: Provided, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

                              PROCUREMENT

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $2,500,000, to remain available until September 30, 
     2007, for emergency hurricane and other natural disaster-
     related expenses, which shall be available for transfer to 
     reimburse costs incurred in fiscal year 2004: Provided, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                       Procurement, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Procurement, Defense-Wide'', 
     $140,000,000, to remain available until September 30, 2007, 
     for emergency hurricane and other natural disaster-related 
     expenses, which shall be available for transfer to reimburse 
     costs incurred in fiscal year 2004, for the costs of repairs 
     to structures and facilities, replacement of destroyed or 
     damaged equipment, and preparation and recovery of naval 
     vessels under construction: Provided, That the Secretary of 
     Defense may transfer these funds to appropriations for 
     operation and maintenance; procurement; and research, 
     development, test and evaluation: Provided further, That 
     funds transferred shall be merged with and be available for 
     the same purposes and for the same time period as the 
     appropriation or fund to which transferred: Provided further, 
     That this transfer authority is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to making transfers from this appropriation, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation: Provided further, That not less than 
     $10,500,000 shall be transferred to ``Aircraft Procurement, 
     Air Force'' for the procurement of WC-130 Hurricane Tracking 
     Equipment: Provided further, That not less than $10,000,000 
     shall be transferred to ``Missile Procurement, Air Force'', 
     and not less than $10,000,000 shall be transferred to ``Other 
     Procurement, Air Force'' for costs associated with delayed 
     satellite launches: Provided further, That not less than 
     $18,700,000 shall be transferred to ``Other Procurement, Air 
     Force'' for Continuity of Operations equipment procurement at 
     Headquarters United States Central Command: Provided further, 
     That not less than $20,000,000 shall be available only for 
     replacement of laboratory and test range equipment at Eglin 
     Air Force Base: Provided further, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Defense Working Capital 
     Funds'', $4,100,000, for emergency hurricane and other 
     natural disaster-related expenses, and which shall be 
     available for transfer to reimburse costs incurred in fiscal 
     year 2004: Provided, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Defense Health Program'', 
     $12,000,000, for emergency hurricane and other natural 
     disaster-related expenses, which shall be available for 
     transfer to reimburse costs incurred in fiscal year 2004: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 301. Appropriations provided in this chapter are 
     available for obligation until September 30, 2005, unless 
     otherwise so provided in this chapter.
       Sec. 302. Funds appropriated in this Act, or made available 
     by the transfer of funds in or pursuant to this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414).
       Sec. 303. Unless specifically enumerated elsewhere in this 
     chapter, none of the funds provided in this chapter may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2004 and 2005 defense appropriations, or to 
     initiate a procurement or research, development, test and 
     evaluation new start program without prior notification to 
     the congressional defense committees.
       Sec. 304. Section 8007 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287); 118 Stat. 
     970), is amended by striking the words ``in session''.


                          (TRANSFER OF FUNDS)

       Sec. 305. Upon his determination that such action is 
     necessary in the national interest to address emergency 
     hurricane and other natural disaster-related expenses, the 
     Secretary of Defense may transfer between appropriations up 
     to $200,000,000 of the funds made available to the Department 
     of Defense in this chapter: Provided, That the Secretary 
     shall notify the Congress promptly of each transfer made 
     pursuant to the authority in this section: Provided further, 
     That the authority provided in this section is in addition to 
     any other transfer authority available to the Department of 
     Defense and is subject to the same terms and conditions as 
     the authority provided in section 8005 of the Department of 
     Defense Appropriations Act, 2005 (Public Law 108-287): 
     Provided further, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.
       Sec. 306. Section 9010(b) of the Department of Defense 
     Appropriations Act, 2005 (Public Law

[[Page H9061]]

     108-287; 118 Stat. 1008; 10 U.S.C. 113 note), is amended by 
     striking ``section 12304'' in paragraphs (7) and (8) and 
     inserting ``section 12302''.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 307. Technical Adjustments to Public Law 108-287. 
     Notwithstanding any other provision in law, the following 
     adjustments and transfers shall apply to funds previously 
     made available and to restrictions in the Department of 
     Defense Appropriations Act, 2005 (Public Law 108-287):
       (1) Armored passenger vehicles.--Under the heading, ``Other 
     Procurement, Army'', strike ``purchase of 1 vehicle'' and 
     insert ``purchase of 21 vehicles'', and under the heading, 
     ``Other Procurement, Army'', strike ``not to exceed 
     $200,000'' and insert ``not to exceed $275,000'': Provided, 
     That any purchases under the authority of this section in 
     excess of one vehicle may only be in direct support of force 
     protection requirements.
       (2) Transfer of funds.--Upon enactment of this Act, the 
     Secretary of Defense shall make the following transfer of 
     funds: Provided, That the amounts transferred shall be made 
     available for the same purpose and the same time period as 
     the appropriation to which transferred: Provided further, 
     That the authority provided in this section is in addition to 
     any other transfer authority available to the Department of 
     Defense: Provided further, That all such amounts in this 
     section are designated as an emergency requirement pursuant 
     to section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287: Provided further, That the 
     amounts shall be transferred between the following 
     appropriations, in the amounts specified:
       To:
       Under the heading, ``Research, Development, Test and 
     Evaluation, Defense-Wide, 2005/2006'', $5,950,000;
       From:
       Under the heading, ``Operation and Maintenance, Army'', 
     $5,950,000.
       To:
       Under the heading, ``Procurement, Marine Corps, 2005/
     2007'', as provided in title IX of Public Law 108-287, 
     $7,000,000;
       From:
       Under the heading, ``Operation and Maintenance, Marine 
     Corps'', as provided in title IX of Public Law 108-287, 
     $7,000,000.
       To:
       The Department of Veterans Affairs, under the heading, 
     ``Medical Services'', $500,000;
       From:
       Under the heading, ``Defense Health Program'', Operation 
     and Maintenance, $500,000.
       To:
       Under the heading, ``Operation and Maintenance, Army 
     National Guard'', $1,400,000;
       From:
       Under the heading, ``Operation and Maintenance, Army'', 
     $1,400,000.
       (3) Section 9014 authorities.--The authority provided in 
     section 9014 of the Department of Defense Appropriations Act, 
     2005 (Public Law 108-287; 118 Stat. 1009), shall apply with 
     respect to the period beginning on June 29, 2003, and ending 
     on August 4, 2004, in addition to the period of applicability 
     provided pursuant to section 9001 of that Act.
       Sec. 308. Section 9007 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), is amended by 
     striking ``$300,000,000'', and inserting ``$500,000,000''.
       Sec. 309. Section 9006 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), is amended by 
     striking ``New Iraqi Army'', and inserting ``Iraqi Armed 
     Forces, to include the Iraqi National Guard''.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         General Investigations

       For an additional amount for ``General Investigations'' for 
     emergency expenses for the update of studies necessitated by 
     storm damage to shore protection projects, $400,000, to 
     remain available until expended: Provided, That such amount 
     is designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


                         Construction, General

       For an additional amount for ``Construction, General'' for 
     emergency expenses for repair of storm damage for authorized 
     shore protection projects and assessment of project 
     performance of such projects, $62,600,000, to remain 
     available until expended: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
        Kentucky, Louisiana, Mississippi, Missouri and Tennessee

       For an additional amount for ``Flood Control, Mississippi 
     River and Tributaries, Arkansas, Illinois, Kentucky, 
     Louisiana, Mississippi, Missouri and Tennessee'' for 
     emergency expenses for levee and revetment repair and for 
     emergency dredging, $6,000,000, to remain available until 
     expended: Provided, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.


                   Operation and Maintenance, General

       For an additional amount for ``Operation and Maintenance, 
     General'' for emergency expenses for repair of storm damage 
     to authorized projects, $145,400,000, to remain available 
     until expended: Provided, That such amount is designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.


                 Flood Control and Coastal Emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'' for emergency expenses for repair of damage to 
     flood control and hurricane shore protection projects by 
     storms and other natural disasters, $148,000,000, to remain 
     available until expended: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.
       Sec. 401. For an additional amount to address drought 
     conditions in the State of Nevada, $5,000,000 is provided to 
     the Secretary of Interior, acting through the Commissioner of 
     the Bureau of Reclamation, for the Southern Nevada Water 
     Authority for modification of the water intake at Lake Mead, 
     to remain available until expended: Provided, That such 
     amount is designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 95 (108' Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.
       Sec. 402. For an additional amount to address storm damage, 
     $10,000,000 is provided for the Secretary of the Army, acting 
     through the Chief of Engineers, to repair, restore, and 
     clean-up Corps projects and facilities; dredge navigation 
     channels; restore and clean out area streams; provide 
     emergency streambank protection; restore other crucial public 
     infrastructure (including sewer and water facilities); 
     document flood impacts; and undertake other flood recovery 
     efforts deemed necessary and advisable by the Chief of 
     Engineers for Federally declared disaster areas in West 
     Virginia, to remain available until expended: Provided, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development


              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $100,000,000, to remain available until 
     September 30, 2005: Provided, That funds appropriated by this 
     paragraph shall be available to respond to the disasters 
     caused by hurricanes and tropical storms in the Caribbean 
     region: Provided further, That such amount is designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287: Provided further, That funds appropriated by this 
     paragraph shall be available notwithstanding section 10 of 
     Public Law 91-672 and section 15 of the State Department 
     Basic Authorities Act of 1956.

                               CHAPTER 6

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard


                           OPERATING EXPENSES

       For an additional amount for ``Operating Expenses'' for 
     expenses resulting from the recent natural disasters in the 
     southeastern United States, $33,367,310, to remain available 
     until expended: Provided, That the amounts provided herein 
     are designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                  EMERGENCY PREPAREDNESS AND RESPONSE

                            Disaster Relief

       For an additional amount for ``Disaster Relief'', 
     $6,500,000,000, to remain available until expended: Provided, 
     That such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              Construction

       For an additional amount for ``Construction'', $40,552,000, 
     to remain available until expended, to address damages from 
     natural disasters: Provided, That such amount is designated 
     as an emergency requirement pursuant to section 402 of S. 
     Con. Res. 95 (108th Congress), as made applicable to the 
     House of Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

[[Page H9062]]

                         National Park Service


                              Construction

       For an additional amount for ``Construction'', $50,802,000, 
     to remain available until expended, to address damages from 
     natural disasters: Provided, That such amount is designated 
     as an emergency requirement pursuant to section 402 of S. 
     Con. Res. 95 (108th Congress), as made applicable to the 
     House of Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       For an additional amount for ``Surveys, Investigations, and 
     Research'', $1,000,000, to remain available until expended: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                       State and Private Forestry

       For an additional amount for ``State and Private 
     Forestry'', $49,100,000, to remain available until expended, 
     to address damages from natural disasters: Provided, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.


                         National Forest System

       For an additional amount for ``National Forest System'', 
     $12,153,000, to remain available until expended, to address 
     damages from natural disasters: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


                        Wildland Fire Management

       For an additional amount for ``Wildland Fire Management'', 
     $1,028,000, to remain available until expended, to address 
     damages from natural disasters: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


                  Capital Improvement and Maintenance

       For an additional amount for ``Capital Improvement and 
     Maintenance'', $50,815,000, to remain available until 
     expended, to address damages from natural disasters: 
     Provided, That such amount is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                               CHAPTER 8

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

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

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $138,800,000, to remain available until 
     September 30, 2007, for emergency expenses resulting from 
     natural disasters: Provided, That such amount is designated 
     as an emergency requirement pursuant to section 402 of S. 
     Con. Res. 95 (108th Congress), as made applicable to the 
     House of Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287: Provided further, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That none of these funds may be obligated for new 
     construction projects until fourteen days after the Secretary 
     of the Navy provides a notification that describes the 
     project, including the form 1391, to the Subcommittee on 
     Military Construction of the Committee on Appropriations and 
     the Committee on Armed Services of both Houses of Congress.

                  Military Construction, Army Reserve

       For an additional amount for ``Military Construction, Army 
     Reserve'', $8,700,000, to remain available until September 
     30, 2007, for emergency expenses resulting from natural 
     disasters: Provided, That such amount is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287: Provided further, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law.

             Family Housing Operation and Maintenance, Army

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Army'', $1,200,000, to remain available until 
     September 30, 2005, for emergency expenses resulting from 
     natural disasters: Provided, That such amount is designated 
     as an emergency requirement pursuant to section 402 of S. 
     Con. Res. 95 (108th Congress), as made applicable to the 
     House of Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Navy and Marine Corps'', $9,100,000, to remain 
     available until September 30, 2005, for emergency expenses 
     resulting from natural disasters: Provided, That such amount 
     is designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.

          Family Housing Operation and Maintenance, Air Force

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Air Force'', $11,400,000, to remain available 
     until September 30, 2005, for emergency expenses resulting 
     from natural disasters: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.

                  Base Realignment and Closure Account

       For an additional amount to be deposited into the 
     Department of Defense Base Closure Account 1990, $50,000, to 
     remain available until September 30, 2005, for emergency 
     expenses resulting from natural disasters: Provided, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

       For an additional amount for ``Facilities and Equipment'', 
     for expenses resulting from the recent natural disasters in 
     the southeastern United States, $5,100,000, to be derived 
     from the airport and airway trust fund and to remain 
     available until expended: Provided, That such amount is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


                    emergency assistance to airports

                    (AIRPORT AND AIRWAY TRUST FUND)

       For emergency capital costs to repair or replace public use 
     facilities at public use airports listed in the Federal 
     Aviation Administration's National Plan of Integrated Airport 
     Systems resulting from damage from hurricanes Charley, 
     Frances, Ivan, and Jeanne, to enable the Federal Aviation 
     Administrator to compensate airports for such costs, 
     $25,000,000, to be derived from the airport and airway trust 
     fund and to remain available until expended: Provided, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

                          (HIGHWAY TRUST FUND)

       For an additional amount for ``Emergency Relief Program'', 
     emergency expenses resulting from 2004 Hurricanes Charley, 
     Frances, Gaston, Ivan, and Jeanne, as authorized by 23 U.S.C. 
     125, $1,202,000,000, to be derived from the Highway Trust 
     Fund (other than the Mass Transit Account) and to remain 
     available until expended: Provided, That notwithstanding 23 
     U.S.C. 125(d)(1), the Secretary of Transportation may 
     obligate more than $100,000,000 for projects arising from 
     hurricanes Charley, Frances, Ivan, and Jeanne: Provided 
     further, That any amounts in excess of those necessary for 
     emergency expenses relating to the above hurricanes may be 
     used for other projects authorized under 23 U.S.C. 125: 
     Provided further, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H.Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                          Unanticipated Needs

       For an additional amount for ``Unanticipated Needs'', not 
     to exceed $70,000,000, to remain available until September 
     30, 2005, for the American Red Cross for reimbursement of 
     disaster relief and recovery expenditures and emergency

[[Page H9063]]

     services associated with Hurricanes Charley, Frances, Ivan, 
     and Jeanne, and only to the extent funds are not made 
     available for those activities by other federal sources: 
     Provided, That these funds may be administered by any 
     authorized federal government agency to meet the purposes of 
     this provision and that total administrative costs shall not 
     exceed three percent of the total appropriation: Provided 
     further, That the Comptroller General shall audit the use of 
     these funds by the American Red Cross: Provided further, That 
     such amount is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.

                               CHAPTER 11

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            Medical Services

       For an additional amount for ``Medical services'' for 
     expenses related to recent natural disasters in the 
     Southeast, $38,283,000, to remain available until September 
     30, 2005: Provided, That the amounts provided herein are 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


                         Medical Administration

       For an additional amount for ``Medical administration'' for 
     expenses related to recent natural disasters in the 
     Southeast, $1,940,000, to remain available until September 
     30, 2005: Provided, That the amounts provided herein are 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.


                           Medical Facilities

       For an additional amount for ``Medical facilities'' for 
     expenses related to recent natural disasters, $46,909,000, to 
     remain available until September 30, 2006: Provided, That the 
     amounts provided herein are designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287.

                      Departmental Administration


                       General Operating Expenses

       For an additional amount for ``General operating 
     expenses'', for expenses related to recent natural disasters, 
     $545,000, to remain available until September 30, 2005: 
     Provided, That the amounts provided herein are designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.


                    National Cemetery Administration

       For an additional amount for ``National Cemetery 
     Administration'', for expenses related to recent natural 
     disasters in the Southeast, $50,000, to remain available 
     until September 30, 2005: Provided, That the amounts provided 
     herein are designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of Public Law 108-287.


                      Construction, Minor Projects

       For an additional amount for ``Construction, minor 
     projects'', for expenses related to recent natural disasters, 
     $36,343,000, to remain available until expended: Provided, 
     That the amounts provided herein are designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

       For an additional amount for ``Community development 
     fund'', for activities authorized under title I of the 
     Housing and Community Development Act of 1974, for use only 
     for disaster relief, long-term recovery, and mitigation in 
     communities affected by disasters designated by the President 
     between August 31, 2003 and October 1, 2004, except those 
     activities reimbursable by the Federal Emergency Management 
     Agency or available through the Small Business 
     Administration, and for reimbursement for expenditures 
     incurred from the regular Community Development Block Grant 
     formula allocation used to achieve these same purposes, 
     $150,000,000, to remain available until September 30, 2007: 
     Provided, That the amounts provided herein are designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of Public Law 108-
     287: Provided further, That all funds under this heading 
     shall be awarded by the Secretary to states (including Indian 
     tribes for all purposes under this heading) to be 
     administered by each state in conjunction with its community 
     development block grants program: Provided further, That 
     notwithstanding 42 U.S.C. 5306(d)(2), states are authorized 
     to provide such assistance to entitlement communities: 
     Provided further, That in administering these funds, the 
     Secretary may waive, or specify alternative requirements for, 
     any provision of any statute or regulation that the Secretary 
     administers in connection with the obligation by the 
     Secretary or the use by the recipient of these funds (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding that 
     such waiver is required to facilitate the use of such funds, 
     and would not be inconsistent with the overall purpose of the 
     statute: Provided further, That the Secretary may waive the 
     requirements that activities benefit persons of low and 
     moderate income, except that at least 50 percent of the funds 
     under this heading must benefit primarily persons of low and 
     moderate income unless the Secretary makes a finding of 
     compelling need: Provided further, That the Secretary shall 
     publish in the Federal Register any waiver of any statute or 
     regulation authorized under this heading no later than 5 days 
     before the effective date of such waiver: Provided further, 
     That any project or activity underway prior to a Presidential 
     disaster declaration may not receive funds under this heading 
     unless the disaster directly impacted the project: Provided 
     further, That each state shall provide not less than 10 
     percent in non-Federal public matching funds or its 
     equivalent value (other than administrative costs) for any 
     funds allocated to the state under this heading.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                        Buildings and Facilities

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

             National Aeronautics and Space Administration


                       Space Flight Capabilities

       For an additional amount for ``Space flight capabilities'', 
     to repair assets damaged and take other emergency measures 
     due to the effects of hurricanes and other disasters declared 
     by the President, $126,000,000, to remain available until 
     expended: Provided, That the amounts provided herein are 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287.

                    GENERAL PROVISION--THIS CHAPTER


                          (transfer of funds)

       Sec. 1101. From funds that are available in the unobligated 
     balances of any funds appropriated under ``Medical 
     services'', for fiscal year 2004, the Secretary of Veterans 
     Affairs may transfer up to $125,000,000 to ``General 
     operating expenses'', for costs associated with processing 
     claims where the basis of the entitlement is claimed 
     disability incurred as a result of a veteran's service, 
     subject to a determination by the Secretary of Veterans 
     Affairs that such additional funds are necessary.

                               CHAPTER 12

                      GENERAL PROVISION--THIS ACT

       Sec. 1201. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       This division may be cited as the ``Emergency Supplemental 
     Appropriations for Hurricane Disasters Assistance Act, 
     2005''.

                DIVISION C--ALASKA NATURAL GAS PIPELINE

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

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

[[Page H9064]]

       (8) State.--The term ``State'' means the State of Alaska.

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

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

     SEC. 104. ENVIRONMENTAL REVIEWS.

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

     SEC. 105. PIPELINE EXPANSION.

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

     SEC. 106. FEDERAL COORDINATOR.

       (a) Establishment.--There is established, as an independent 
     office in the executive branch, the Office of the Federal 
     Coordinator for Alaska Natural Gas Transportation Projects.
       (b) Federal Coordinator.--
       (1) Appointment.--The Office shall be headed by a Federal 
     Coordinator for Alaska Natural Gas Transportation Projects, 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, to serve a term to last 
     until 1 year following the completion of the project referred 
     to in section 103.
       (2) Compensation.--The Federal Coordinator shall be 
     compensated at the rate prescribed for level III of the 
     Executive Schedule (5 U.S.C. 5314).
       (c) Duties.--The Federal Coordinator shall be responsible 
     for--
       (1) coordinating the expeditious discharge of all 
     activities by Federal agencies with respect to

[[Page H9065]]

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

     SEC. 107. JUDICIAL REVIEW.

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

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

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

     SEC. 109. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

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

     SEC. 110. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.

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

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

       It is the sense of Congress that--
       (1) an Alaska natural gas transportation project would 
     provide significant economic benefits to the United States 
     and Canada; and
       (2) to maximize those benefits, the sponsors of the Alaska 
     natural gas transportation project should make every effort 
     to--

[[Page H9066]]

       (A) use steel that is manufactured in North America; and
       (B) negotiate a project labor agreement to expedite 
     construction of the pipeline.

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

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

     SEC. 113. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.

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

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

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

     SEC. 115. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.

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

     SEC. 116. LOAN GUARANTEES.

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

       And the Senate agree to the same.

     Joe Knollenberg,
     James T. Walsh,
     Robert B. Aderholt,

[[Page H9067]]

     Kay Granger,
     Virgil Goode,
     David Vitter,
     Jack Kingston,
     Ander Crenshaw,
     Bill Young,
     Chet Edwards,
     Sam Farr,
     Allen Boyd,
     Sanford D. Bishop, Jr.,
     Norman D. Dicks,
                                Managers on the Part of the House.

     Kay Bailey Hutchison,
     Conrad Burns,
     Larry E. Craig,
     Mike DeWine,
     Sam Brownback,
     Ted Stevens,
     Dianne Feinstein,
     Daniel K. Inouye,
     Tim Johnson,
     Mary L. Landrieu,
     Robert C. Byrd,
                               Managers on the Part of the Senate.

       Joint Explanatory Statement of The Committee of Conference

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 4837) making 
     appropriations for Military Construction, Family Housing, and 
     Base Realignment and Closure for the Department of Defense 
     for the fiscal year ending September 30, 2005, and for other 
     purposes, submit the following joint statement to the House 
     of Representatives and the Senate in explanation of the 
     effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report.
       This conference report includes, in addition to the 
     Military Construction Appropriations Act, 2005, Division B--
     Emergency Supplemental Appropriations for Hurricane Disaster 
     Assistance Act, 2005, and Division C--Alaska Natural Gas 
     Pipeline.

       DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT. 2005

                       Items of General Interest

       Matters Addressed by Only One Committee.--The language and 
     allocations set forth in House Report 108-607 and Senate 
     Report 108-309 should be complied with unless specifically 
     addressed to the contrary in the conference report and 
     statement of the managers. Report language included by the 
     House which is not changed by the report of the Senate or the 
     conference, and Senate report language which is not changed 
     by the conference is approved by the committee of conference. 
     The statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein. In cases 
     where the House or the Senate have directed the submission of 
     a report from the Department of Defense, such report is to be 
     submitted to both the House and the Senate Committees on 
     Appropriations.
       Audit Trail Documents.--The conferees direct the Department 
     of Defense to continue the semi-annual submission of audit 
     trail documents, a practice reinstated by the fiscal year 
     2004 Military Construction Appropriations conference report. 
     The conferees emphasize that the documents shall describe the 
     following: the appropriated amount, the amount formally 
     reprogrammed, the amount of below threshold reprogramming, 
     the current funded level, the contract award date, the 
     contract amount, and the current working estimate, along with 
     explanatory notes as necessary, for each project as budgeted 
     in the Construction Annex, as well as projects funded under 
     Minor Construction and Family Housing Improvements. All of 
     this information shall be described in no more than one line 
     item for each project. The audit trail documents shall 
     reflect projects from the current fiscal year plus the 
     previous four fiscal years.
       Notification Requirements for Changes in Scope.--Title 10, 
     Section 2853 of U.S. Code states that ``the scope of work for 
     a military construction project or for the construction, 
     improvement, and acquisition of a military family housing 
     project may be reduced by not more than 25 percent from the 
     amount approved for that project, construction, improvement, 
     or acquisition by Congress'' subject to certain limitations, 
     one of which is notification of Congressional Committees. It 
     is the understanding of the conferees that the services have 
     interpreted this provision to mean that scope reduction 
     notification is required only when a reduction is made to 
     engineering based attributes such as square footage. The 
     conferees emphasize that scope reduction notification also 
     applies when a reduction of 25 percent or more is taken from 
     the amount appropriated for a project. The conferees also 
     emphasize that scope reductions in excess of 25 percent may 
     not be made until the appropriate Congressional Committees 
     have been notified and a 21-day period has elapsed. The 
     notification is a statutory requirement independent of any 
     reprogramming request and must precede by at least 21 days 
     any request to reprogram funds that are excess to a project 
     due to a scope reduction.
       This corrected understanding of the requirement is 
     necessary to ensure transparency in the military construction 
     program and to restore the ability of Congress to exercise 
     proper oversight of appropriated funds for military 
     construction. For example, the Army reduced a barracks 
     project at Camp Hovey, Korea, from $26,000,000 to 
     $17,000,000, a 35 percent reduction and well above the 25 
     percent threshold. Congress often learns of these scope 
     reductions only when the services submit reprogramming 
     requests to use the savings for other projects. The conferees 
     therefore agree that it is highly necessary to clarify the 
     scope reduction requirement.

                      Military Construction, Army


                        (including rescissions)

       The conference agreement appropriates $1,981,084,000 for 
     Military Construction, Army, instead of $1,862,854,000 as 
     proposed by the House and $1,977,166,000 as proposed by the 
     Senate. Within this amount, the conference agreement provides 
     $156,999,000 for study, planning, design, architect and 
     engineer services, and host nation support instead of 
     $140,554,000 as proposed by the House and $166,216,000 as 
     proposed by the Senate. The conference agreement also 
     rescinds $18,976,000 from funds previously provided to this 
     account as follows: 

[[Page H9068]]

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[[Page H9069]]

             Military Construction, Navy, And Marine Corps


                         (including rescission)

       The conference agreement appropriates $1,069,947,000 for 
     Military Construction, Navy and Marine Corps, instead of 
     $1,081,042,000 as proposed by the House and $1,016,315,000 as 
     proposed by the Senate. Within this amount, the conference 
     agreement provides $90,830,000 for study, planning, design, 
     architect and engineer services instead of $93,284,000 as 
     proposed by the House and $110,277,000 as proposed by the 
     Senate. The conference agreement also rescinds $24,000,000 
     from funds previously provided to this account as follows: 

[[Page H9070]]

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[[Page H9071]]

       The conferees direct the Secretary of the Navy to report by 
     February 15, 2005 on efforts to incorporate reserve component 
     requirements into land disposal agreements resulting from the 
     closure of Naval Air Station Roosevelt Roads, Puerto Rico.
       California-North Island Special Operations Forces Ground 
     Mobility Support Building.--The conferees are aware of the 
     City of Coronado's goal to expedite military personnel 
     traffic to and from the base through the construction of the 
     State Route 75 Corridor Tunnel from the western terminus of 
     the San Diego-Coronado Bridge directly into the Naval Air 
     Station, North Island. The conferees urge the Navy to ensure 
     that the Base Main Gate and Entrance Street project is fully 
     compatible with the design for the State Route 75 Corridor 
     Tunnel.

                    Military Construction, Air Force


                         (including rescission)

       The conference agreement appropriates $866,331,000 for 
     Military Construction, Air Force, instead of $797,865,000 as 
     proposed by the House and $841,131,000 as proposed by the 
     Senate. Within this amount, the conference agreement provides 
     $130,711,000 for study, planning, design, architect and 
     engineer services instead of $165,367,000 as proposed by the 
     House and $180,507,000 as proposed by the Senate. The 
     conference agreement also rescinds $21,800,000 from funds 
     previously provided to this account as follows: 

[[Page H9072]]

     [GRAPHIC] [TIFF OMITTED] TH09OC04.003
     


[[Page H9073]]

                  Military Construction, Defense-Wide


             (including transfer of funds and rescissions)

       The conference agreement appropriates $686,055,000 for 
     Military Construction, Defense-wide, instead of $718,837,000 
     as proposed by the House and $696,491,000 as proposed by the 
     Senate. Within this amount, the conference agreement provides 
     $62,800,000 for study, planning, design, architect and 
     engineer services instead of $63,482,000 as proposed by the 
     House and $66,336,000 as proposed by the Senate. The 
     conference agreement also rescinds $22,737,000 from funds 
     previously provided to this account as follows: 

[[Page H9074]]

     [GRAPHIC] [TIFF OMITTED] TH09OC04.004
     


[[Page H9075]]

       The conference agreement provides $50,000,000 for the 
     Energy Conservation Improvement Program as proposed by the 
     House instead of $60,000,000 as proposed by the Senate.

               Military Construction, Army National Guard

       The conference agreement appropriates $446,748,000 for 
     Military Construction, Army National Guard, instead of 
     $394,100,000 as proposed by the House and $381,765,000 as 
     proposed by the Senate. The conference agreement does not 
     include a provision proposed by the House to earmark funds 
     for planning and design activities. The Senate bill contained 
     no similar provision.
       Georgia-Army National Guard Armory, Fulton County Airport-
     Brown Field.--The conferees agree that within funds provided 
     for planning and design in this account, $100,000 shall be 
     made available to conduct a feasibility study on the 
     relocation of this armory to Dobbins Air Reserve Base, 
     Georgia.

               Military Construction, Air National Guard


                         (including rescission)

       The conference agreement appropriates $243,043,000 for 
     Military Construction, Air National Guard, instead of 
     $180,533,000 as proposed by the House and $231,083,000 as 
     proposed by the Senate. The conference agreement does not 
     include a provision proposed by the House to earmark funds 
     for planning and design activities. The Senate bill contained 
     no similar provision. The conference agreement also rescinds 
     $5,000,000 from funds previously provided to this account as 
     follows: 

[[Page H9076]]

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[[Page H9077]]

                  Miltiary Construction, Army Reserve

       The conference agreement appropriates $92,377,000 for 
     Military Construction, Army Reserve, instead of $116,521,000 
     as proposed by the House and $66,325,000 as proposed by the 
     Senate. The conference agreement does not include a provision 
     proposed by the House to earmark funds for planning and 
     design activities. The Senate bill contained no similar 
     provision.

                  Military Construction, Naval Reserve

       The conference agreement appropriates $44,246,000 for 
     Military Construction, Naval Reserve, instead of $30,955,000 
     as proposed by the House and $33,735,000 as proposed by the 
     Senate. The conference agreement does not include a provision 
     proposed by the House to earmark funds for planning and 
     design activities. The Senate bill contained no similar 
     provision.

                Military Construction, Air Force Reserve

       The conference agreement appropriates $123,977,000 for 
     Military Construction, Air Force Reserve, instead of 
     $111,725,000 as proposed by the House and $101,373,000 as 
     proposed by the Senate. The conference agreement does not 
     include a provision proposed by the House to earmark funds 
     for planning and design activities. The Senate bill contained 
     no similar provision.

     North Atlantic Treaty Organization Security Investment Program


                         (including rescission)

       The conference agreement appropriates $165,800,000 for the 
     North Atlantic Treaty Organization Security Investment 
     Program as proposed by both the House and Senate. The 
     conference agreement also includes a rescission of $5,000,000 
     from prior appropriations due to the slow spend out rate of 
     the program and the recurrence of carryover amounts.

                   Family Housing Construction, Army


                         (including rescission)

       The conference agreement appropriates $636,099,000 for 
     Family Housing Construction, Army, as proposed by both the 
     House and the Senate. The conference agreement also rescinds 
     $21,000,000 from funds previously provided to this account.

             Family Housing Operation and Maintenance, Army

       The conference agreement appropriates $926,507,000 for 
     Family Housing Operation and Maintenance, Army as proposed by 
     the House instead of $928,907,000 as proposed by the Senate. 
     The reduction from the President's request shall not be 
     construed as prohibiting any routine or emergency repair and 
     maintenance work for general officer quarters.

           Family Housing Construction, Navy and Marine Corps


                        (including rescissions)

       The conference agreement appropriates $139,107,000. for 
     Family Housing Construction, Navy and Marine Corps as 
     proposed by both the House and the Senate. The conference 
     agreement also rescinds $12,301,000 from funds previously 
     provided to this account. The Navy has identified these funds 
     as no longer being necessary to complete the projects in the 
     following table. It is the understanding of the conferees 
     that the rescissions will not affect the projects for which 
     they were appropriated.

[[Page H9078]]

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[[Page H9079]]

    Family Housing Operation and Maintenance, Navy and Marine Corps

       The conference agreement appropriates $696,304,000 for 
     Family Housing Operation and Maintenance, Navy and Marine 
     Corps as proposed by the House instead of $704,504,000 as 
     proposed by the Senate. The reduction from the President's 
     request shall not be construed as prohibiting any routine or 
     emergency repair and maintenance work for general and flag 
     officer quarters.

                 Family Housing Construction, Air Force


                        (including rescissions)

       The conference agreement appropriates $846,959,000 for 
     Family Housing Construction, Air Force, as proposed by both 
     the House and the Senate. The conference agreement rescinds 
     $45,171,000 from funds previously provided to this account. 
     The Air Force has identified these funds as no longer being 
     necessary to complete the projects in the following table. It 
     is the understanding of the conferees that the rescissions 
     will not affect the projects for which they were 
     appropriated.

[[Page H9080]]

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[[Page H9081]]

          Family Housing Operation and Maintenance, Air Force

       The conference agreement appropriates $853,384,000 for 
     Family Housing Operation and Maintenance, Air Force, instead 
     of $854,666,000 as proposed by the House and $856,114,000 as 
     proposed by the Senate. The reduction from the President's 
     request shall not be construed as prohibiting any routine or 
     emergency repair and maintenance work for general officer 
     quarters.

               Family Housing Construction, Defense-Wide

       The conference agreement appropriates $49,000 for Family 
     Housing Construction, Defense-Wide as proposed by both the 
     House and the Senate.

         Family Housing Operation and Maintenance, Defense-Wide

       The conference agreement appropriates $49,575,000 for 
     Family Housing Operation and Maintenance, Defense-Wide as 
     proposed by both the House and the Senate.

         Department of Defense Family Housing Improvement Fund


                        (including rescissions)

       The conference agreement appropriates $2,500,000 for the 
     Department of Defense Family Housing Improvement Fund as 
     proposed by both the House and the Senate. The conference 
     agreement also rescinds $19,109,000 from funds previously 
     provided to this account. The Department of Defense has 
     identified these funds as no longer being necessary to 
     complete the projects in the following table. It is the 
     understanding of the conferees that the rescissions will not 
     affect the projects for which they were appropriated.

[[Page H9082]]

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[[Page H9083]]

          Chemical Demilitarization Construction, Defense-Wide

       The conference agreement appropriates $81,886,000 for 
     Chemical Demilitarization Construction, Defense-Wide as 
     proposed by both the House and the Senate.

                  Base Realignment and Closure Account

       The conference agreement appropriates $246,116,000 for the 
     Base Realignment and Closure Account as proposed by both the 
     House and Senate.

                           General Provisions

       The conference agreement includes general provisions 
     (sections 101-103, 105-119, 121-123, 125, and 126) that were 
     not amended by either the House or Senate.
       The conference agreement includes section 104 as proposed 
     by the House to prohibit construction of new bases in the 
     United States without a specific appropriation. The Senate 
     bill contained a similar provision, but limited the 
     prohibition to the continental United States.
       The conference agreement includes section 120 as proposed 
     by the Senate to allow the transfer of funds only from the 
     Family Housing, Construction accounts to the Family Housing 
     Improvement Fund and to allow the transfer of funds from the 
     construction of military unaccompanied housing to the 
     Military Unaccompanied Housing Improvement Fund. The House 
     bill contained a similar provision, but only for the transfer 
     of funds from the Family Housing, Construction accounts to 
     the Family Housing Improvement Fund.
       The conference agreement includes section 124 as proposed 
     by the Senate to limit the maintenance and repair of any 
     general or flag officer quarters to $35,000 per year without 
     30 days advance notification. The House bill contained a 
     similar provision, but limited such maintenance and repairs 
     to $20,000.
       The conference agreement includes a provision (section 127) 
     as proposed by the Senate to change the due date of a report 
     by the Overseas Basing Commission. The House bill contained 
     no similar provision.
       The conference agreement includes a provision (section 128) 
     as proposed by the House to require the Department of Defense 
     to respond to a question or inquiry, in writing, within 21 
     days of the request. The Senate bill contained no similar 
     provision.
       The conference agreement includes a provision (section 129) 
     as proposed by the Senate to make funds in the Ford Island 
     Improvement Fund available until expended. The House bill 
     contained no similar provision.
       The conference agreement includes a provision (section 130) 
     as proposed by the House to name a fitness center at 
     Homestead Air Reserve Base, Florida. The Senate bill 
     contained no similar provision.
       The conference agreement includes a modified Senate 
     provision (section 131) to give the Secretary of Agriculture 
     the right of first refusal to negotiate over the disposal of 
     land at Fort Hunter Liggett, California, determined to be in 
     excess of military needs. If and when the property is 
     transferred into the National Forest System, the conferees 
     expect the Department of the Army to comply with all 
     pertinent environmental regulations pertaining to the 
     remediation of the land. The House bill contained no similar 
     provision.
       The conference agreement includes a new provision (section 
     132) to identify the Congressional Committees that are to 
     receive all reports and notifications required by this 
     division.
       The conference agreement does not include a provision 
     proposed by the House to allow the transfer of expired funds 
     to the Foreign Currency Fluctuation, Construction, Defense 
     account. The Senate bill contained no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate to require a report on the impacts on 
     the military family housing program under the current 
     Military Housing Privatization Initiative. The House bill 
     contained no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate to provide funding to the Overseas 
     Basing Commission. The House bill contained no similar 
     provision.

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[[Page H9085]]

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[[Page H9086]]

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                     Emergency Conservation Program

       The conference agreement provides an additional 
     $100,000,000 for ``Emergency Conservation Program,'' for 
     expenses resulting from natural disasters, to remain 
     available until expended.

                 Natural Resources Conservation Service

                 emergency watershed protection program

       The conference agreement provides an additional 
     $250,000,000 for ``Emergency Watershed Protection Program'' 
     to repair damages to the waterways and watersheds resulting 
     from natural disasters, to remain available until expended.

                           Rural Development


                  Rural Community Advancement Program

       The conference agreement provides an additional $68,000,000 
     for the ``Rural Community Advancement Program'', to repair 
     damages to water and waste disposal systems and community 
     facilities resulting from natural disasters, to remain 
     available until expended. The conference agreement provides 
     that $50,000,000 shall be available for water and waste 
     disposal grants, and $18,000,000 shall be available for 
     community facility direct loans and grants. Funds provided 
     under this heading shall be in addition to a state's regular 
     program allocation.

                         Rural Housing Service


              Rural Housing Insurance Fund Program Account

       The conference agreement provides an additional $5,000,000 
     in budget authority, which supports an estimated loan level 
     of $17,000,000 for the section 504 direct housing repair and 
     rehabilitation program as authorized by title V of the 
     Housing Act of 1949, for damages resulting from natural 
     disasters, to be available from funds in the rural housing 
     insurance fund, for direct loans to section 504 borrowers. 
     Funds provided under this heading shall be in addition to a 
     state's regular program allocation.


                    Rural Housing Assistance Grants

       The conference agreement provides an additional $13,000,000 
     for ``Rural
       Housing Assistance Grants'', to remain available until 
     expended, for damages resulting from natural disasters, of 
     which $8,000,000 shall be for grants and contracts for very 
     low-income housing repair, made by the Rural Housing Service, 
     and of which $5,000,000 shall be for domestic farm labor 
     housing grants and contracts. Funds provided under this 
     heading shall be in addition to a state's regular program 
     allocation.

                           General Provisions

       Sec. 101. The conference agreement provides supplemental 
     disaster assistance for losses due to hurricanes and tropical 
     storms, including related conditions such as flooding. The 
     conference agreement provides funding for losses under 
     current law including, but are not limited to: cotton, 
     peanuts, tobacco, clams, oysters and other shellfish, hay and 
     forage, sod, tropical aquaculture, shrimp, lobster and other 
     fish. The conference agreement includes a provision to offset 
     the cost of this program.
       Sec. 102. The conference agreement provides supplemental 
     disaster assistance to compensate first processors and 
     producers for losses due to hurricanes and tropical storms.
       Sec. 103. The conference agreement provides that the 
     Secretary of Agriculture shall carry out a dairy loss 
     program.
       Sec. 104. The conference agreement provides that the 
     Secretary of Agriculture shall carry out a cottonseed 
     assistance program. The conferees expect the Secretary to 
     distribute the funds in a similar manner to that utilized 
     previously to deliver the cottonseed assistance.
       Sec. 105. The conference agreement provides that certain 
     sections are to remain available until expended and are 
     designated as an emergency requirement.
       Sec. 106. The conference agreement provides that certain 
     communities in Burlington and Camden Counties (NJ), affected 
     by the 1,000-year flood which occurred on July 12, 2004, are 
     deemed to be rural areas during fiscal year 2005 for certain 
     rural development programs.
       Sec. 107. The conference agreement authorizes financial and 
     technical assistance to the Hope Mills Dam (NC) project.
       Sec. 108. The conference agreement provides $90,000,000 to 
     the fund established by section 32 of the Act of August 24, 
     1935 (7 U.S.C. 612c), to make payments with respect to 2004 
     hurricane losses.
       Sec. 109. The conference agreement provides not more than 
     $4,000,000 for the Farm Service Agency to cover 
     administrative expenses associated with the implementation of 
     sections 101 and 102 of this chapter.
       Sec. 110. The conference agreement provides $10,000,000 to 
     provide assistance for timber losses.
       Sec. 111. The conference agreement provides $8,500,000 for 
     assistance to pecan producers.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         Federal Prison System


                         Salaries and Expenses

       The conference agreement includes $5,500,000 for the 
     Salaries and Expenses account of the Federal Prison System. 
     The conferees understand that the amounts provided will fund 
     salaries and other expenses related to repairing and 
     replacing roofs and fences, cleaning up prison facilities, 
     detailing medical staff to assist disaster victims, and 
     transporting and relocating almost 5,000 Federal inmates from 
     institutions affected by Hurricane Ivan and related storms.

                         Federal Prison System


                        Buildings and Facilities

       The conference agreement includes $18,600,000 for the 
     Buildings and Facilities account of the Federal Prison 
     System. The conferees understand that the amounts provided 
     will fund roof repair, building and perimeter fence repair 
     and replacement, and clean-up activities at numerous Federal 
     prison facilities in Florida, Alabama, and Georgia that 
     sustained damage in Hurricane Ivan and related severe storms.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       The conference agreement includes $16,900,000 for the 
     Operations, Research and Facilities account of the National 
     Oceanic and Atmospheric Administration. The conference 
     agreement supports $1,200,000 to address damage to National 
     Oceanic and Atmospheric Administration facilities and assets, 
     including repairs for laboratory facilities, weather radio 
     towers, and marine buoys, as well as costs associated with 
     hurricane preparations; $2,900,000 to address impacts to 
     endangered species, including assessment and restoration 
     efforts for impaired habitat and Endangered Species Act 
     responsibilities associated with disaster cleanup; $9,000,000 
     for reseeding, rehabilitation and restoration of oyster reefs 
     in Alabama, Florida, Louisiana, and Mississippi due to damage 
     from Hurricane Ivan; and $3,800,000 to address hurricane 
     forecasting needs.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


               Procurement, Acquisition and Construction

       The conference agreement includes $3,800,000 for the 
     Procurement, Acquisition and Construction account of the 
     National Oceanic and Atmospheric Administration. The 
     conference agreement provides $300,000 for hurricane 
     prediction technology requirements and $3,500,000 for 
     airborne Doppler radar used for hurricane precipitation and 
     wind field forecasting.

                     Small Business Administration


                     Disaster Loans Program Account

       The conference agreement includes $929,000,000 for the 
     Disaster Loans Program Account for loan subsidy costs and 
     associated administrative expenses. The amounts provided will 
     allow the Small Business Administration (SBA) to make 
     disaster loans to individuals and businesses in the wake of 
     Hurricanes Charley, Frances, Ivan, Jeanne, and other natural 
     disasters. The conferees understand that the funding 
     requirements for these storms will far exceed the five-year 
     average of disaster loan-making activity resulting in the 
     necessity for emergency appropriations. The amounts provided 
     will allow the SBA to make approximately $5,500,000,000 of 
     loans to individuals and businesses.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    Department of Defense--Military

       Chapter 3 of the conference agreement recommends 
     $909,400,000 for the Department of Defense in support of 
     specific security, temporary relocation, cleanup, repair, and 
     other related activities taken by the military services 
     and defense activities in preparation for and recovery 
     from Hurricanes Charley, Frances, Ivan, and Jeanne, 
     Tropical Storm Bonnie, and other natural disasters.
       Within the total amount provided, $762,800,000 is provided 
     to the operation and maintenance appropriations for cleanup 
     and repair of storm damage. Of this amount, the conferees 
     have provided $662,800,000 directly to the military services 
     and the Defense Health Program to meet the most immediate and 
     urgent needs.
       The conferees recommend $100,000,000 for the Operation and 
     Maintenance, Defense-Wide account, with transfer authority 
     available to the Secretary of Defense to maximize the 
     Department of Defense's capability to allocate funds in the 
     proper amounts and accounts. The Secretary of Defense may 
     transfer these funds to appropriations for military 
     personnel; operation and maintenance; the Defense Health 
     Program; and working capital funds. Fifteen days prior 
     written notification to the congressional defense committees 
     is required before making transfers.
       The conferees have provided $140,000,000 in the 
     Procurement, Defense-Wide account with the authority to 
     transfer funds to other accounts. These funds may be 
     transferred to appropriations for operation and maintenance; 
     procurement; and research, development, test and evaluation. 
     Fifteen days prior written notification to the congressional 
     defense committees is required. The conferees have directed 
     five transfers of funds from the Procurement, Defense-Wide 
     account, to other procurement and research and development 
     accounts, to support specific purposes related to recovery 
     from hurricanes, tropical storms and other natural disasters.
       The following table provides details of the supplemental 
     appropriations in this chapter.

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                    Chapter 3 Reporting Requirements

       The conferees direct the Secretary of Defense during fiscal 
     year 2005 to submit to the congressional defense committees 
     no later than December 1, 2004, a quarterly comprehensive 
     report on the distribution of funds by account and the 
     purposes for which the funds have been used. This report 
     shall detail both actual and projected obligations of 
     appropriations provided in this chapter.

                       Personnel Evacuation Costs

       The President requested $12,125,000 to cover costs 
     associated with the evacuation of military dependents during 
     the recent hurricanes. The conferees provide the flexibility 
     to reimburse the Services for fiscal year 2004 military 
     personnel costs from funds provided in Operation and 
     Maintenance, Defense-Wide, in order to preclude an Anti-
     deficiency Act violation in the Military Personnel accounts.

                      Delaware Air National Guard

       The conferees are aware of recent storm damage to 
     facilities and equipment at the Air National Guard 
     Headquarters in New Castle, Delaware. The conferees are aware 
     that estimates of damages are still being assessed, and have 
     provided the flexibility from funds made available in 
     Operation and Maintenance, Defense-Wide and Procurement, 
     Defense-Wide to repair facilities and repair or replace 
     aircraft damaged in the tornado.


                 m-4 rifle requirements for oif and oef

       The conferees strongly encourage the Department of Defense 
     to address current wartime needs for M-4 rifles and direct 
     the Army to provide a report to the congressional defense 
     committees outlining the requirements for M-4 rifles with 
     respect to future Operation Iraqi Freedom and Operation 
     Enduring Freedom deployments. This report should be submitted 
     no later than November 15, 2004.


                         xm-8 family of weapons

       The conferees support the Army's plans to begin fielding 
     the XM-8 as the eventual replacement for the M-16 and M-4 
     families of weapons. Accordingly, the conferees strongly 
     encourage the Department of Defense to accelerate the 
     fielding of the XM-8 family of weapons from funds provided in 
     the Department of Defense Appropriations Act for fiscal year 
     2005 (Public Law 180-287). The conferees direct the Army to 
     provide a report to the congressional defense committees, not 
     later than November 15, 2004, on plans to begin fielding the 
     XM-8 family of weapons.


            force protection upgrades for european hospitals

       The conferees are aware of significant force protection and 
     facility code requirements at Landstuhl Army Medical Center, 
     Naval Hospital Sigonella and Naval Hospital Rota. The 
     conferees recommend and encourage the Department of Defense 
     to fund these urgent upgrades needed to continue providing 
     quality patient protection.

                    General Provisions--This Chapter

       The conferees include a new general provision which 
     provides that appropriations provided in this chapter are 
     available for obligation until September 30, 2005, unless 
     otherwise so provided.
       The conferees include a new general provision which 
     provides that funds appropriated in this chapter, or made 
     available by the transfer of funds in or pursuant to this 
     chapter, for intelligence activities are deemed to be 
     authorized for purposes of section 504 of the National 
     Security Act of 1947.
       The conferees include a new general provision which 
     prohibits the use of funds provided in this chapter to 
     finance programs or activities denied by Congress for fiscal 
     years 2004 or 2005 and requires written notification prior to 
     initiating new start programs.
       The conferees include a new general provision which amends 
     Section 8007 of the Department of Defense Appropriations Act, 
     2005 (Public Law 108-287), by striking the words ``in 
     session''.
       In the classified annex accompanying Public Law 108-287, 
     the conferees provided certain guidance regarding Section 
     8090(b) of said Act. The conferees express their intent to 
     further address the issues raised in that annex in subsequent 
     fiscal year 2005 appropriations legislation.
       The conferees include a new general provision which 
     provides the Secretary of Defense with $200,000,000 in 
     additional transfer authority, only for funds in this 
     chapter, and only to meet hurricane and other natural 
     disaster-related expenses.
       The conferees include a new general provision which amends 
     action 9010(b) of the Department of Defense Appropriations 
     Act for a citation change.
       The conferees include a new general provision which makes 
     certain technical adjustments, transfers funds, and adjusts 
     restrictions in the Department of Defense Appropriations Act, 
     2005 (Public Law 108-287). The general provision increases 
     the number of armored passenger vehicles that may be 
     purchased under Other Procurement, Army from 1 to 21; 
     increases the maximum allowable cost from $200,000 to 
     $275,000; and provides that vehicles purchased in excess of 
     one may only be in direct support of force protection 
     requirements. Additionally, it directs the following 
     transfers of funds.
       To: ``Research, Development, Test and Evaluation, Defense-
     Wide, 2005/2006'', $5,950,000, only for the National Media 
     Exploitation Center for improved data and media capture, 
     transformation and categorization activities;
       From: ``Operation and Maintenance, Army'', $5,950,000.
       To: ``Procurement, Marine Corps, 2005/2007'', $7,000,000, 
     only for purchasing additional force protection x-ray imaging 
     units for deployment to the Iraqi theater of operations.
       From: ``Operation and Maintenance, Marine Corps'', as 
     provided in title IX of Public law 108-287, $7,000,000.
       To: The Department of Veterans Affairs, under the heading, 
     ``Medical Services'', $500,000 only to allow White River 
     Junction-Fort Ethan Allen Community Based Outpatient Clinic 
     and the Vermont National Guard to purchase Veterans 
     Administration health care services that provide Guardsmen 
     and their family members the utmost in-patient care.
       From: ``Defense Health Program'', Operation and 
     Maintenance, $500,000, from an appropriation in House Report 
     108-622 for the same purposes.
       To: ``Operation and Maintenance, Army National Guard'', 
     $1,400,000, only for the Construction Transition Program, as 
     described in House Report 108-283.
       From: ``Operation and Maintenance, Army'', $1,400,000.
       In addition, this provision amends Section 9014 of Public 
     Law 108-287 to make clear the intent of the conferees this 
     section's authority providing the Secretary of Defense with 
     discretionary authority to present patriotic materials, 
     including a United States flag, to military personnel who 
     participate in Operation Enduring Freedom or Operation Iraqi 
     Freedom.
       The conferees include a new general provision which 
     increases the authority provided in section 9007 of Public 
     Law 108-287 for the Commanders' Emergency Response Program 
     (CERP) from $300,000,000 to $500,000,000.
       The conferees include a new general provision to make a 
     technical adjustment to section 9006 of Public Law 108-287 to 
     clarify a definition to include the Iraqi Armed Forces.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         General Investigations

       The conference agreement provides for an additional 
     $400,000 for General Investigations to update studies where 
     necessitated by storm damage to shore protection projects, 
     including the feasibility study for Walton County, Florida.


                         construction, general

       The conference agreement provides an additional $62,600,000 
     for Construction, General to provide for the repair of storm 
     damage to authorized shore protection projects, and for time-
     sensitive data collection and analysis of the performance of 
     shore protection projects, including the development of a 
     three-dimensional physics-based analytical model.


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

       The conference agreement provides for an additional 
     $6,000,000 for Flood Control, Mississippi River and 
     Tributaries, for levee and revetment repair and for emergency 
     dredging.


                   operation and maintenance, general

       The conference agreement provides for an additional 
     $145,400,000 for Operation and Maintenance, General for 
     repair of storm damage to authorized projects.


                 flood control and coastal emergencies

       The conference agreement provides for an additional 
     $148,000,000 for Flood Control and Coastal Emergencies for 
     emergency expenses for repair of damage to flood control and 
     hurricane shore protection projects by storms and other 
     natural disasters. Funding for the Flood Control and Coastal 
     Emergencies appropriation account includes funds to restore 
     flood control and hurricane and shore protection pre-storm 
     condition.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development


              international disaster and famine assistance

       The conference agreement appropriates $100,000,000 for 
     necessary expenses to respond to the disasters caused by 
     hurricanes and tropical storms in the Caribbean region. 
     Language is included designating funding for emergency and 
     overseas contingency operations.
       The funds appropriated by this paragraph are made available 
     notwithstanding section 10 of Public Law 91-672 and section 
     15 of the State Department Basic Authorities Act of 1956.

                               CHAPTER 6

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD


                           operating expenses

       The conferees agree to provide $33,367,310 for expenses 
     resulting from the recent natural disasters in the 
     southeastern United States, such as Hurricanes Charley, 
     Frances, Ivan, and Jeanne. Funds are available until 
     expended.

                  Emergency Preparedness and Response


                            DISASTER RELIEF

       The conferees agree to provide an additional $6,500,000,000 
     for disaster relief activities associated with declared 
     disasters, such as Hurricanes Frances, Ivan, and Jeanne. 
     Funds are available until expended.
       The conferees direct the Emergency Preparedness and 
     Response (EP&R) Directorate to work with Putnam County, 
     Illinois, to ensure the costs for damage caused by the 
     tornado of April 2004, which are not covered by insurance and 
     eligible under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), are 
     promptly paid; to work with the City of Asheville, North 
     Carolina, to ensure that the costs for damage caused by 
     Hurricane Frances, which are eligible under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), are promptly paid; and to provide the 
     City of Paso Robles, California, with compensation sufficient 
     to conduct the repairs and retrofitting necessary, as a

[[Page H9112]]

     result of the damage sustained in the 2003 San Simeon 
     earthquake, to bring the Carnegie Library into compliance 
     with current, rather than 1907, state and local building 
     codes and access laws. Furthermore, the conferees agree with 
     the cost estimates and findings in the June 28, 2004 report 
     done by Lotus General Contractors, Inc., with regard to the 
     damages sustained to the main building at Flamson Middle 
     School in the City of Paso Robles, California, as a direct 
     result of the 2003 San Simeon earthquake, and direct EP&R to 
     use that information to calculate the compensation to be 
     provided under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) to the Paso 
     Robles Joint Unified School District. The conferees also 
     encourage EP&R to work to ensure that the counties of West 
     Virginia receive such assistance as necessary and appropriate 
     to compensate those homeowners and businesses in the 
     federally declared disaster area impacted by the remnants of 
     Hurricane Ivan.
       The conferees note the availability of section 404 hazard 
     mitigation grant funding for mitigation projects, including 
     buy-outs of flood-damaged properties, for the states of 
     Nebraska, North Carolina, Maryland, Delaware, and Indiana. 
     The conferees direct EP&R to work with these states to ensure 
     that the counties in those states, which are eligible under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), receive such 
     assistance as necessary and appropriate to compensate 
     homeowners and businesses in the federally declared disaster 
     area. The conferees are also aware that specific communities 
     in Florida have significant amounts of debris as a result of 
     hurricanes Charley, Frances, Ivan and Jeanne. The Department 
     of Homeland Security's Federal Emergency Management Agency 
     (FEMA) has authority under sections 206.223 and 206.224 of 
     title 44, Code of Federal Regulations and internal guidance 
     to make determinations as to the eligibility of removal of 
     debris from private property. The conferees direct FEMA to 
     use its authority to reimburse local governments for debris 
     removal on privately-owned lands upon finding it is necessary 
     to eliminate an immediate threat to life, public health and 
     safety.
       The conferees are aware that funding of activities related 
     to previous federally declared disasters in fiscal years 2003 
     and 2004 has been temporarily suspended due to the high 
     volume of new federal disasters declared in August and 
     September. This includes disasters outside of the hurricane 
     area and areas where there is a lack of rain. The 
     supplemental appropriations provided are sufficient to not 
     only meet recent disaster needs but also to fully restore 
     funding for ongoing and new projects. The conferees direct 
     EP&R to proceed as quickly as possible to fund all halted or 
     postponed projects, within funds available, and to submit a 
     comprehensive report on the status of any unfunded disaster 
     relief project to the House and Senate Committees on 
     Appropriations no later than February 15, 2005.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              Construction

       The conference agreement provides an additional $40,552,000 
     for Construction, to address damages related to hurricanes 
     and flooding events. While much of the funding is for damages 
     in Florida, several States and Puerto Rico are covered by 
     this appropriation.

                         National Park Service


                              Construction

       The conference agreement provides an additional $50,802,000 
     for Construction, to address damages related to hurricanes 
     and flooding events, primarily in Florida, North Carolina, 
     and Tennessee.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       The conference agreement provides an additional $1,000,000 
     for Surveys, Investigations, and Research, to address damages 
     related to hurricanes and flooding events.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                       State and Private Forestry

       The conference agreement provides an additional $49,100,000 
     for State and Private Forestry, to address damages related to 
     hurricanes and flooding events, primarily in Florida. Based 
     on current estimates, the conference agreement assumes that 
     this funding includes $2,100,000 for forest health 
     management, $10,000,000 for forest stewardship, $16,000,000 
     for State fire assistance, $4,000,000 for volunteer fire 
     assistance, and $17,000,000 for urban and community forestry 
     assistance. The Forest Service should notify the House and 
     Senate Committees on Appropriations if the final storm 
     assessments indicate that these funding levels need to be 
     adjusted by more than twenty percent.


                         National Forest System

       The conference agreement provides an additional $12,153,000 
     for National Forest System, to address damages related to 
     hurricanes and flooding events in Florida, North Carolina, 
     South Carolina, Tennessee, Georgia, Alabama, Puerto Rico, 
     Mississippi, and Virginia. Based on current estimates, the 
     conference agreement assumes that this funding includes the 
     following funding by activity: $1,842,000 for forest 
     products; $1,073,000 for wildlife and fish management; 
     $1,686,000 for recreation; $200,000 for inventory and 
     monitoring; $5,909,000 for vegetation and watershed 
     management; and $1,443,000 for lands management. The Forest 
     Service should notify the House and Senate Committees on 
     Appropriations if the final storm assessments indicate that 
     these funding levels need to be adjusted by more than twenty 
     percent.


                        Wildland Fire Management

       The conference agreement provides an additional $1,028,000 
     for Wildland Fire Management, to address damages related to 
     hurricanes and flooding events.


                  Capital Improvement and Maintenance

       The conference agreement provides an additional $50,815,000 
     for Capital Improvement and Maintenance, to address damages 
     related to hurricanes and flooding events in Florida, North 
     Carolina, South Carolina, Tennessee, Georgia, Alabama, Puerto 
     Rico, Mississippi, and Virginia. Based on current estimates, 
     the conference agreement assumes that this funding includes 
     the following funding by activity: $34,118,000 for roads; 
     $8,036,000 for trails; and $8,661,000 facilities. The Forest 
     Service should notify the House and Senate Committees on 
     Appropriations if the final storm assessments indicate that 
     these funding levels need to be adjusted by more than twenty 
     percent.

                               CHAPTER 8

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management


            public health and social services emergency fund

       The conference agreement includes a supplemental 
     appropriation of $50,000,000 for the Public Health and Social 
     Services Emergency Fund. This additional amount is for 
     hurricane response and relief to aging Americans, children, 
     families, persons with disabilities, low-income individuals, 
     and the communities in which they live. The conferees 
     understand that uses include, but are not limited to, helping 
     provide nutritional, medical, and social services to affected 
     elderly individuals; providing social services support to 
     communities most affected by Hurricanes Charley, Frances, 
     Ivan, and Jeanne; making available counseling services; 
     helping offset the increase in un-reimbursed health care in 
     affected communities; and addressing storm damage at 
     community health centers in impacted areas.
       The conferees request that the Secretary report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on disbursement of these funds within 90 days 
     of enactment of this Act. The report should include a table 
     listing the governments and organizations that received 
     grants or other direct assistance from these funds, showing 
     the amount and purpose of each grant or other form of 
     assistance. It should also include a description of any other 
     uses of these funds, such as activities undertaken directly 
     by the Department.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         Military Construction


              military construction, navy and marine corps

       The conference agreement provides $138,800,000 for Military 
     Construction, Navy and Marine Corps. These funds are for 
     costs associated with the repair, restoration, or replacement 
     of several facilities damaged or destroyed by Hurricane Ivan 
     at the Pensacola Naval Air Station, Florida. The conference 
     agreement recognizes that replacement of certain facilities 
     may be more advantageous than repair or restoration, but the 
     emergency funds provided are intended to meet capacity that 
     existed before the hurricane, not to meet new requirements. 
     In the event the Secretary of the Navy determines that 
     replacement, rather than repair or restoration, of damaged 
     facilities is warranted, the Secretary is required to provide 
     notification to Congress fourteen days before funds are 
     obligated for the replacement construction project.


                  military construction, army reserve

       The conference agreement provides $8,700,000 for Military 
     Construction, Army Reserve. These funds are for costs 
     associated with rebuilding a reserve center damaged by 
     Hurricane Ivan in Pensacola, Florida.


             family housing operation and maintenance, army

       The conference agreement provides $1,200,000 for Family 
     Housing Operation and Maintenance, Army. These funds are for 
     costs associated with housing repairs at facilities damaged 
     by natural disasters.


    family housing operation and maintenance, navy and marine corps

       The conference agreement provides $9,100,000 for Family 
     Housing Operation and Maintenance, Navy and Marine Corps. 
     These funds are for costs associated with housing repairs at 
     facilities damaged by natural disasters.


          family housing operation and maintenance, air force

       The conference agreement provides $11,400,000 for Family 
     Housing Operation and Maintenance, Air Force. These funds are 
     for costs associated with housing repairs at facilities 
     damaged by natural disasters.


                  base realignment and closure account

       The conference agreement provides $50,000 to be deposited 
     into the Department of Defense Base Closure Account 1990. 
     These funds are for costs associated with the repair of a 
     perimeter fence destroyed by Hurricane Ivan at Naval Activity 
     Puerto Rico.

[[Page H9113]]

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        facilities and equipment

                    (airport and airway trust fund)

       The conferees provide $5,100,000 for FAA ``Facilities and 
     equipment'', to address expenses resulting from hurricanes 
     Charley, Frances, Ivan, and Jeanne in the southeastern United 
     States. The Administration requested the same amount under 
     FAA ``Operations''. This funding is consistent with FAA's 
     initial estimates of damage to radars, navigation and 
     communications equipment, air traffic control towers, and 
     other facilities. Funds are designated as an emergency 
     requirement, to be derived from the airport and airway trust 
     fund, and made available until expended.


                    emergency assistance to airports

                    (airport and airway trust fund)

       The conferees provide $25,000,000 for FAA ``Emergency 
     assistance to airports'', to reimburse public use airports 
     for unanticipated capital expenses resulting from hurricanes 
     Charley, Frances, Ivan, and Jeanne in the southeastern United 
     States. Funds are designated as an emergency requirement, to 
     be derived from the airport and airway trust fund, and made 
     available until expended. The distribution of these funds is 
     at the discretion of the Administrator of the Federal 
     Aviation Administration.

                     Federal Highway Administration


             federal aid highways emergency relief program

                          (highway trust fund)

       The conferees provide $1,202,000,000 to fund emergency 
     expenses resulting from hurricanes Charley, Frances, Gaston, 
     Ivan, and Jeanne, and other eligible activities authorized by 
     23 U.S.C. 125. Funds are to be derived from the highway trust 
     fund and made available until expended.
       The bill provides funding to respond to the backlog of 
     emergency needs arising largely from natural disasters in 
     2004 and prior years. As requested, the conference agreement 
     exempts expenses for projects related to hurricanes Charley, 
     Frances, Ivan, and Jeanne from the statutory cap of 
     $100,000,000 per disaster, per state, because current 
     estimates indicate that valid needs may exceed that cap. 
     Consistent with the purpose of these funds, the entire amount 
     has been designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 95.

                   Executive Office of the President


                          unanticipated needs

       The conferees provide $70,000,000, as requested, for 
     ``Unanticipated Needs'', to reimburse the American Red Cross 
     for reimbursement of disaster relief and recovery expenses 
     and emergency services associated with hurricanes Charley, 
     Frances, Ivan, and Jeanne. The appropriation designates such 
     expenses as an emergency requirement; stipulates that funds 
     may be disbursed to any authorized federal agency; limits 
     agency administrative costs to 3 percent; and requires the 
     head of the U.S. Government Accountability Office to audit 
     the use of such funds.

                               CHAPTER II

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            Medical Services

       The conferees have provided $38,283,000 for medical 
     services for hurricane and tropical storm related expenses. 
     The amount provided is the same as the amount requested 
     President.


                         medical administration

       The conferees have provided $1,940,000 for medical 
     administration for expenses incurred in response to hurricane 
     relief efforts and other expenses. The amount provided is the 
     same as the amount requested by the President.


                           medical facilities

       The conferees have provided $46,909,000 for medical 
     facilities for hurricane and tropical storm related expenses 
     at VA facilities. The amount provided is the same as the 
     amount requested by the President.

                      Departmental Administration


                       general operating expenses

       The conferees have provided $545,000 for general operating 
     expenses. The amount provided is the same as requested by the 
     President.


                    national cemetery administration

       The conferees have provided $50,000 for the National 
     Cemetery Administration for clean-up and repairs at national 
     cemeteries damaged during hurricanes and related tropical 
     storms. The amount provided is the same as requested by the 
     President.


                      construction, minor projects

       The conferees have provided $36,343,000 for construction, 
     minor projects to support repairs to VA facilities damaged 
     during hurricanes and related tropical storms. The amount 
     provided is the same as requested by the President.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       community development fund

       The agreement provides $150,000,000 for disaster relief, 
     long-term recovery, and mitigation in communities affected by 
     disasters designated by the President between August 31, 2003 
     and October 1, 2004. The amount has been designated by the 
     President as an emergency requirement.
       In allocating these funds, the Department of Housing and 
     Urban Development should work closely with the Federal 
     Emergency Management Agency to ensure that these funds are 
     used solely for disaster relief and are provided to areas 
     facing the greatest need. The conferees direct HUD, prior to 
     the allocation of funds, to provide the Committees on 
     Appropriations with an explanation of the purpose for which 
     funds are requested and how the activity or program was 
     affected by the disaster. In addition, HUD is to continue to 
     provide the Committees with quarterly reports on the use of 
     CDBG funds provided for disaster relief.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                        buildings and facilities

       The conferees have included $3,000,000 for the repair of 
     the Environmental Protection Agency's Gulf Ecology Division 
     Facilities in Gulf Breeze, Florida.

             National Aeronautics and Space Administration


                       space flight capabilities

       The conferees have provided a total of $126,000,000 for 
     repair of NASA facilities damaged during recent hurricanes 
     and related events. The amount provided is the same as the 
     budget request.

                    General Provision--This Chapter


                          (transfer of funds)

       The conferees have included a general provision which 
     provides authority for the Secretary of Veterans Affairs to 
     transfer funds from ``Medical services'' to ``General 
     operating expenses'' for the purpose of expediting the 
     processing of benefits claims.

                               CHAPTER 12

                      General Provision--This Act

       The conference agreement includes section 1201, regarding 
     the availability of funds.

                         Emergency Designations

       For purposes of section 402 of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress) and applicable to the Senate 
     by section 14007 of Public Law 108-287, funds appropriated in 
     this Division are provided in response to a situation which 
     poses a direct threat to life and property, is sudden, is an 
     urgent and compelling need, is unpredictable, and is not 
     permanent in nature.

     Joe Knollenberg,
     James T. Walsh,
     Robert B. Aderholt,
     Kay Granger,
     Virgil Goode,
     David Vitter,
     Jack Kingston,
     Ander Crenshaw,
     Bill Young,
     Chet Edwards,
     Sam Farr,
     Allen Boyd,
     Sanford D. Bishop, Jr.,
     Norman D. Dicks,
                                Managers on the Part of the House.

     Kay Bailey Hutchison,
     Conrad Burns,
     Larry E. Craig,
     Mike DeWine,
     Sam Brownback,
     Ted Stevens,
     Dianne Feinstein,
     Daniel K. Inouye,
     Tim Johnson,
     Mary L. Landrieu,
     Robert C. Byrd,
     Managers on the Part of the Senate.

                          ____________________