96–310 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–773 

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 

OCTOBER 9, 2004.—Ordered to be printed 

Mr. KNOLLENBERG, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 4837] 

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 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 adminisVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00001 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
2 

tered 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 

3 

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. 

4 

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. 

5 

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. 

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. 

6 

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. 

7 

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 occurVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
8 

ring, 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 

9 

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 solicita- tion for a contract with the 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 approVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
10 

priate 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 

11 

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: 

12 

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: 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. 

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. 

13 

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. 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 

14 

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 

15 

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 ComVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
16 

modity 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 

$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, 

17 

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. 

18 

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 

19 

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. 

20 

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 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 

21 

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 purVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
22 

suant 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 

23 

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 acVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
24 

tivities 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 Appropria- tions 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 Appro- priations Act, 2005 (Public Law 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 

25 

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’’. 

26 

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, IL- LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TEN- NESSEE

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 

27 

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 (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. 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. 

28 

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. 

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. 

29 

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. 

30 

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. 

31 

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: ProVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
32 

vided, 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 fa- cilities 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 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 auVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
33 

thorized 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 ConVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
34 

gress) and applicable to the Senate by section 14007 of Public Law 

108–287. 

NATIONAL CEMETERY ADMINISTRATION

For an additional amount for ‘‘National Cemetery Administra- tion’’, 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, longterm 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 enviVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
35 

ronment), 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 

36 

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. 

(8) STATE.—The term ‘‘State’’ means the State of Alaska. 

37 

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 

38 

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 de- scribed 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. 

39 

(2) CONSOLIDATION OF STATEMENTS.—In carrying out para- graph (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 as- pect 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 Commis- sion 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 trans- portation 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 ex- pansion 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 rolledin 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; 

40 

(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 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 conVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00040 Fmt 6659 Sfmt 6603 E:\HR\OC\HR773.XXX HR773
41 

struction 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. 

42 

SEC. 107. JUDICIAL REVIEW. 

(a) EXCLUSIVE JURISDICTION.—Except for review by the Su- preme 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 

43 

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 CON- DITIONS 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 

44 

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— 

(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— 

45 

(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 

46 

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 

47 

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. 

48 

(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, 

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. 

(49) 

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 

50 

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: 

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Insert graphic folio 158/119 HR773.001
52 

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: 

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Insert graphic folio 158/121 HR773.002
54 

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: 

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Insert graphic folio 158/123 HR773.003
56 

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: 

57 


Insert graphic folio 158/125 HR773.004
58 

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 AirportBrown 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: 

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Insert graphic folio 158/127 HR773.005
60 

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. 

61 

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. 

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Insert graphic folio 158/132 HR773.006
63 

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. 

64 


Insert graphic folio 158/134 HR773.007
65 

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. 

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Insert graphic folio 158/137 HR773.008
67 

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

The conference agreement appropriates $81,886,000 for Chem- ical 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 

68 

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. 

69 


Insert graphic folio 158/141 HR773.009
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Insert graphic folio 158/142 HR773.010
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Insert graphic folio 158/143 HR773.011
72 


Insert graphic folio 158/144 HR773.012
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Insert graphic folio 158/145 HR773.013
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Insert graphic folio 158/146 HR773.014
75 


Insert graphic folio 158/147 HR773.015
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Insert graphic folio 158/148 HR773.016
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Insert graphic folio 158/149 HR773.017
78 


Insert graphic folio 158/150 HR773.018
79 


Insert graphic folio 158/151 HR773.019
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Insert graphic folio 158/152 HR773.020
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Insert graphic folio 158/153 HR773.021
82 


Insert graphic folio 158/154 HR773.022
83 


Insert graphic folio 158/155 HR773.023
84 


Insert graphic folio 158/156 HR773.024
85 


Insert graphic folio 158/157 HR773.025
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Insert graphic folio 158/158 HR773.026
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Insert graphic folio 158/159 HR773.027
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Insert graphic folio 158/160 HR773.028
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Insert graphic folio 158/161 HR773.029
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Insert graphic folio 158/162 HR773.030
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Insert graphic folio 158/163 HR773.031
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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 

93 

$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. 

94 

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 Build- ings 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 Oper- ations, 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 

95 

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, DefenseWide account, to other procurement and research and development 

accounts, to support specific purposes related to recovery from hurricanes, tropical storms and other natural disasters. 

96 

The following table provides details of the supplemental appropriations in this chapter. 

97 


Insert graphic folio 158/175 HR773.032
98 


Insert graphic folio 158/176 HR773.033
99 


Insert graphic folio 158/177 HR773.034
100 

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. 

101 

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, DefenseWide, 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 JunctionFort 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. 

102 

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 physicsbased 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. 

103 

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 

shore protection projects to their 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 

104 

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 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. 

105 

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: 

106 

$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 descripVerDate Aug 04 2004 22:41 Oct 13, 2004 Jkt 096310 PO 00000 Frm 00106 Fmt 6601 Sfmt 6601 E:\HR\OC\HR773.XXX HR773
107 

tion 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 

108 

funds are for costs associated with the repair of a perimeter fence 

destroyed by Hurricane Ivan at Naval Activity Puerto Rico. 

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. 

109 

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 11 

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 by the 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 

110 

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, longterm 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. 

111 

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. 

fi