PUBLIC LAW 109–62—SEPT. 8, 2005

SECOND EMERGENCY SUPPLEMENTAL

APPROPRIATIONS ACT TO MEET IMMEDIATE

NEEDS ARISING FROM THE CONSEQUENCES

OF HURRICANE KATRINA, 2005

119 STAT. 1990 PUBLIC LAW 109–62—SEPT. 8, 2005

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, 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 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: 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).

Deadline.

Notification.

Expiration date.

Second

Emergency

Supplemental

Appropriations

Act to Meet

Immediate Needs

Arising From the

Consequences of

Hurricane

Katrina, 2005.

Sept. 8, 2005

[H.R. 3673]

PUBLIC LAW 109–62—SEPT. 8, 2005 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: 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: 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 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,

Reports.

Deadline.

Reports.

Deadline.

Reports.

Deadline.

119 STAT. 1992 PUBLIC LAW 109–62—SEPT. 8, 2005

LEGISLATIVE HISTORY—H.R. 3673:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 8, considered and passed House and Senate.

Æ

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.