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[109th Congress Public Law 62]
[From the U.S. Government Printing Office]

[DOCID: f:publ062.109]

[[Page 1989]]

SECOND EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT TO MEET IMMEDIATE NEEDS 
        ARISING FROM THE CONSEQUENCES OF HURRICANE KATRINA, 2005

[[Page 119 STAT. 1990]]

Public Law 109-62
109th Congress

                                 An Act

 
 Making further emergency supplemental appropriations to meet immediate 
needs arising from the consequences of Hurricane Katrina, for the fiscal 
year ending September 30, 2005, and for other purposes. <<NOTE: Sept. 8, 
                         2005 -  [H.R. 3673]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Second Emergency 
Supplemental Appropriations Act to Meet Immediate Needs Arising From the 
Consequences of Hurricane Katrina, 2005.>> That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2005, namely:

                     DEPARTMENT OF DEFENSE--MILITARY

                        OPERATION AND MAINTENANCE

                 Operation and Maintenance, Defense-Wide

                     (including transfers of funds)

    For <<NOTE: Expiration date.>> an additional amount for ``Operation 
and Maintenance, Defense-Wide'', $1,400,000,000 for emergency hurricane 
expenses, to support costs of evacuation, emergency repairs, deployment 
of personnel, and other costs resulting from immediate relief efforts, 
to remain available until September 30, 2006: Provided, That the 
Secretary of Defense may transfer these funds to appropriations for 
military personnel, operation and maintenance, procurement, family 
housing, Defense Health Program, and working capital funds: Provided 
further, That not to exceed $6,000,000 may be transferred to ``Armed 
Forces Retirement Home'' for emergency hurricane expenses: 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: <<NOTE: Deadline. Notification.>> Provided further, That 
the Secretary of Defense shall, not more than 5 days after making 
transfers from this appropriation, notify the Committees on 
Appropriations in writing of any such transfer: Provided further, That 
the amounts provided herein are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

[[Page 119 STAT. 1991]]

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

                        operation and maintenance

    For an additional amount for ``Operation and Maintenance'' for 
emergency expenses for repair of storm damage to authorized projects in 
the Gulf states affected by Hurricane Katrina, $200,000,000, to remain 
available until expended: <<NOTE: Reports. Deadline.>> Provided, That 
the Chief of Engineers, acting through the Assistant Secretary of the 
Army for Civil Works, shall provide, at a minimum, a weekly report to 
the Committees on Appropriations detailing the allocation and obligation 
of these funds, beginning not later than September 15, 2005: Provided 
further, That the amount provided herein is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                  Flood Control and Coastal Emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Flood Control Act of 
August 16, 1941 (33 U.S.C. 701), for emergency expenses for repair of 
damage to flood control and hurricane shore protection projects in the 
Gulf states caused by Hurricane Katrina, $200,000,000, to remain 
available until expended: <<NOTE: Reports. Deadline.>> Provided, That 
the Chief of Engineers, acting through the Assistant Secretary of the 
Army for Civil Works, shall provide, at a minimum, a weekly report to 
the Committees on Appropriations detailing the allocation and obligation 
of these funds, beginning not later than September 15, 2005: Provided 
further, That the amount provided herein is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                     DEPARTMENT OF HOMELAND SECURITY

                   EMERGENCY PREPAREDNESS AND RESPONSE

                             Disaster Relief

                     (including transfers of funds)

    For an additional amount for ``Disaster Relief'', $50,000,000,000, 
to remain available until expended: Provided, That up to $100,000,000 
may be transferred to and merged with ``Emergency Preparedness and 
Response, Public Health Programs'' for the National Disaster Medical 
System to support medical care as authorized by the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002 (42 
U.S.C. 300hh-11): Provided further, That $15,000,000 shall be 
transferred to and merged with ``Departmental Management and Operations, 
Office of Inspector General'' for necessary expenses of the Office of 
Inspector General for audits and investigations as authorized by law for 
Hurricane Katrina response and 
recovery <<NOTE: Reports. Deadline.>> activities: Provided further, That 
the Secretary of Homeland Security shall provide, at a minimum, a weekly 
report to the Committees on Appropriations detailing the allocation and 
obligation of these funds,

[[Page 119 STAT. 1992]]

beginning not later than September 15, 2005: Provided further, That the 
amounts provided herein are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                            GENERAL PROVISION

    Sec. 101. For procurements of property or services determined by the 
head of an executive agency to be used in support of Hurricane Katrina 
rescue and relief operations--
            (1) the emergency procurement authority in subsection 32A(c) 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 
        428a(c)) may be used; and
            (2) the amount specified in subsections (c), (d), and (f) of 
        section 32 of the Office of Federal Procurement Policy Act (41 
        U.S.C. 428) shall be $250,000.

    This Act may be cited as the ``Second Emergency Supplemental 
Appropriations Act to Meet Immediate Needs Arising From the Consequences 
of Hurricane Katrina, 2005''.

    Approved September 8, 2005.

LEGISLATIVE HISTORY--H.R. 3673:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 8, considered and passed House and Senate.

                                  <all>
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