I

103D CONGRESS

2D SESSION H. R. 3735

Making emergency supplemental appropriations for disaster assistance because

of the Los Angeles Earthquake for the fiscal year ending September

30, 1994, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1994

Mr. NATCHER (for himself, Mr. WHITTEN, Mr. SMITH of Iowa, Mr. STOKES,

Mr. BEVILL, Mr. DIXON, Mr. FAZIO, Mr. HEFNER, Mr. CARR of Michigan, Mr. DURBIN, Mr. LEWIS of California, Ms. PELOSI, Mr. TORRES,

Mr. PACKARD, Mr. EDWARDS of California, Mr. MOORHEAD, Mr.

BECERRA, Mr. BEILENSON, Mr. BERMAN, Mr. BROWN of California, Mr.

CALVERT, Mr. DELLUMS, Mr. DREIER, Ms. ESHOO, Mr. FARR of California, Mr. FILNER, Mr. GALLEGLY, Mr. HAMBURG, Ms. HARMAN, Mr.

HORN, Mr. KIM, Mr. LANTOS, Mr. MARTINEZ, Mr. MATSUI, Mr.

MCKEON, Mr. MILLER of California, Mr. MINETA, Ms. ROYBAL-ALLARD,

Ms. SCHENK, Mr. STARK, Mr. TUCKER, Ms. WATERS, Mr. WAXMAN, and

Ms. WOOLSEY) introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

Making emergency supplemental appropriations for disaster

assistance because of the Los Angeles Earthquake for

the fiscal year ending September 30, 1994, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any
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1 money in the Treasury not otherwise appropriated, to pro2 vide emergency supplemental appropriations for disaster

3 assistance because of the Los Angeles Earthquake for the

4 fiscal year ending September 30, 1994, and for other pur5 poses, namely:

6 CHAPTER I

7 DEPARTMENTS OF COMMERCE, JUSTICE, AND

8 STATE, THE JUDICIARY, AND RELATED

9 AGENCIES

10 RELATED AGENCY

11 SMALL BUSINESS ADMINISTRATION

12 DISASTER LOANS PROGRAM ACCOUNT

13 For an additional amount for emergency expenses re14 sulting from the January 1994 earthquake in Southern

15 California and other disasters, $163,405,000, to remain

16 available until expended, of which up to $35,000,000 may

17 be transferred to and merged with the appropriations for

18 ‘‘Salaries and expenses’’ for associated administrative ex19 penses: Provided, That the entire amount is designated by

20 Congress as an emergency requirement pursuant to sec21 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985, as amended.
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1 CHAPTER II

2 DEPARTMENTS OF LABOR, HEALTH AND

3 HUMAN SERVICES, EDUCATION, AND RE4 LATED AGENCIES

5 DEPARTMENT OF EDUCATION

6 IMPACT AID

7 For carrying out disaster assistance activities result8 ing from the January 1994 earthquake in Southern Cali9 fornia and other disasters as authorized under section 7

10 of Public Law 81–874, $165,000,000, to remain available

11 through September 30, 1995: Provided, That the entire

12 amount is designated by Congress as an emergency re13 quirement pursuant to section 251(b)(2)(D)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985.

15 STUDENT FINANCIAL ASSISTANCE

16 For an additional amount for ‘‘Student financial as17 sistance’’ for payment of awards made under title IV, part

18 A, subpart 1 of the Higher Education Act of 1965, as

19 amended, $80,000,000, to remain available through Sep20 tember 30, 1995: Provided, That notwithstanding sections

21 442(e) and 462(j) of such Act, the Secretary may reallo22 cate, for use in award year 1994–1995 only, any excess

23 funds returned to the Secretary of Education under the

24 Federal Work-Study or Federal Perkins Loan programs

25 from award year 1993–1994 to assist individuals who suf26 fered financial harm from the January 1994 earthquake
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1 in Southern California and other disasters: Provided fur2 ther, That the entire amount is designated by Congress

3 as an emergency requirement pursuant to section

4 251(b)(2)(D)(i) of the Balanced Budget and Emergency

5 Deficit Control Act of 1985, as amended.

6 CHAPTER III

7 DEPARTMENT OF TRANSPORTATION AND

8 RELATED AGENCIES

9 FEDERAL HIGHWAY ADMINISTRATION

10 FEDERAL-AID HIGHWAYS

11 EMERGENCY RELIEF PROGRAM

12 (HIGHWAY TRUST FUND)

13 For the Emergency Fund authorized by 23 U.S.C.

14 125 to cover expenses arising from the January 1994

15 earthquake in Southern California and other disasters,

16 $950,000,000; and in addition $400,000,000, which shall

17 be available only to the extent an official budget request

18 for a specific dollar amount, that includes designation of

19 the entire amount of the request as an emergency require20 ment as defined in the Balanced Budget and Emergency

21 Deficit Control Act of 1985, as amended, is transmitted

22 by the President to the Congress, all to be derived from

23 the Highway Trust Fund and to remain available until

24 expended: Provided, That the entire amount is designated

25 by Congress as an emergency requirement pursuant to

26 section 251(b)(2)(D)(i) of the Balanced Budget and
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1 Emergency Deficit Control Act of 1985, as amended: Pro2 vided further, That the limitation on obligations per State

3 in 23 U.S.C. 125(b) shall not apply to projects relating

4 to such earthquake: Provided further, That notwithstand5 ing 23 U.S.C. 120(e), the Federal share for any project

6 on the Federal-aid highway system related to such earth7 quake shall be 100 percent for the costs incurred in the

8 180 day period beginning on the date of the earthquake:

9 Provided further, That with regard to these funds, the Sec10 retary and the Administrator of the Environmental Pro11 tection Agency may waive or modify any provision of any

12 environmental statute or regulation if they jointly find

13 that in their judgment (i) such waiver is required to facili14 tate the obligation and use of such funds, and (ii) such

15 waiver would not be inconsistent with the overall purposes

16 of applicable environmental laws.

17 CHAPTER IV

18 DEPARTMENTS OF VETERANS AFFAIRS AND

19 HOUSING AND URBAN DEVELOPMENT, AND

20 INDEPENDENT AGENCIES

21 DEPARTMENT OF VETERANS AFFAIRS

22 VETERANS HEALTH ADMINISTRATION

23 MEDICAL CARE

24 For an additional amount for emergency expenses re25 sulting from the January 1994 earthquake in Southern
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1 California, $21,000,000, to remain available until ex2 pended, of which not to exceed $802,000 is available for

3 transfer to General Operating Expenses, the Guaranty

4 and Indemnity Program Account, and the Vocational Re5 habilitation Loans Program Account: Provided, That the

6 entire amount is designated by Congress as an emergency

7 requirement pursuant to section 251(b)(2)(D)(i) of the

8 Balanced Budget and Emergency Deficit Control Act of

9 1985, as amended.

10 DEPARTMENT OF HOUSING AND URBAN

11 DEVELOPMENT

12 HOUSING PROGRAMS

13 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

14 For an additional amount under this head for rental

15 assistance under the section 8 existing housing certificate

16 program (42 U.S.C. 1437f) and the housing voucher pro17 gram under section 8(o) of the United States Housing Act

18 of 1937 (42 U.S.C. 1437f(o)), $150,000,000, to remain

19 available until December 31, 1995: Provided, That these

20 funds shall be used first to replenish amounts used from

21 the headquarters reserve established pursuant by section

22 213(d)(4)(A) of the Housing and Community Develop23 ment Act of 1974, as amended, for assistance to victims

24 of the January 1994 earthquake in Southern California:

25 Provided further, That any amounts remaining after the
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1 headquarters reserve has been replenished shall be avail2 able for additional assistance to victims of the earthquake

3 referred to above: Provided further, That in administering

4 these funds, the Secretary may waive any provision of any

5 statute or regulation that the Secretary administers in

6 connection with the obligation by the Secretary or any use

7 by the recipient of these funds, except for the require8 ments relating to fair housing and nondiscrimination, the

9 environment, and labor standards, upon finding that such

10 waiver is required to facilitate the obligation and use of

11 such funds and would not be inconsistent with the overall

12 purpose of the statute or regulation: Provided further,

13 That the entire amount is designated by Congress as an

14 emergency requirement pursuant to section

15 251(b)(2)(D)(i) of the Balanced Budget and Emergency

16 Deficit Control Act of 1985, as amended.

17 FLEXIBLE SUBSIDY FUND

18 For emergency assistance to owners of eligible multi19 family housing projects damaged by the January 1994

20 earthquake in Southern California who are either insured

21 or formerly insured under the National Housing Act, as

22 amended, or otherwise eligible for assistance under section

23 201(c) of the Housing and Community Development

24 Amendments of 1978, as amended (12 U.S.C. 1715z–1a),

25 in the program of assistance for troubled multifamily

26 housing projects under the Housing and Community
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1 Development Amendments of 1978, as amended,

2 $100,000,000, to remain available until September 30,

3 1995: Provided, That assistance to an owner of a multi4 family housing project assisted, but not insured under the

5 National Housing Act, may be made if the project owner

6 and the mortgagee have provided or agreed to provide as7 sistance to the project in a manner as determined by the

8 Secretary of Housing and Urban Development: Provided

9 further, That assistance is for the repair of damage or the

10 recovery of losses directly attributable to the Southern

11 California earthquake of 1994: Provided further, That the

12 entire amount is designated by Congress as an emergency

13 requirement pursuant to section 251(b)(2)(D)(i) of the

14 Balanced Budget and Emergency Deficit Control Act of

15 1985, as amended.

16 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

17 For higher mortgage limits and improved access to

18 mortgage insurance for victims of the January 1994

19 earthquake in Southern California and other disasters,

20 Title II of the National Housing Act, as amended, is fur21 ther amended, as follows:

22 (1) in section 203(h), by:

23 (A) striking out ‘‘section 102(2) and 401

24 of the Disaster Relief and Emergency Assist25 ance Act’’ and inserting ‘‘Robert T. Stafford
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1 Disaster Relief and Emergency Assistance

2 Act’’; and

3 (B) adding the following new sentence at

4 the end thereof: ‘‘In any case in which the sin5 gle family residence to be insured under this

6 subsection is within a jurisdiction in which the

7 President has declared a major disaster to have

8 occurred, the Secretary is authorized, for a tem9 porary period not to exceed 18 months from the

10 date of such Presidential declaration, to enter

11 into agreements to insure a mortgage which in12 volves a principal obligation of up to 100 per13 cent of the dollar limitation determined under

14 section 305(a)(2) of the Federal Home Loan

15 Mortgage Corporation Act for single family res16 idence, and not in excess of 100 percent of the

17 appraised value.’’;

18 (2) in section 203(k), by adding at the end

19 thereof the following new paragraph:

20 ‘‘(6) The Secretary is authorized, for a tem21 porary period not to exceed 18 months from the date

22 on which the President has declared a major disas23 ter to have occurred, to enter into agreements to in24 sure a rehabilitation loan under this subsection

25 which involves a principal obligation of up to 100
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1 percent of the dollar limitation determined under

2 section 305(a)(2) of the Federal Home Loan Mort3 gage Corporation Act for a residence of the applica4 ble size, if such loan is secured by a structure and

5 property that are within a jurisdiction in which the

6 President has declared such disaster, pursuant to

7 the Robert T. Stafford Disaster Relief and Emer8 gency Assistance Act, and if such loan otherwise

9 conforms to the loan-to-value ratio and other re10 quirements of this subsection,’’; and

11 (3) in section 234(c), by inserting after

12 ‘‘203(b)(2)’’ in the third sentence the phrase: ‘‘or

13 pursuant to section 203(h) under the conditions de14 scribed in section 203(h)’’.

15 COMMUNITY PLANNING AND DEVELOPMENT

16 COMMUNITY DEVELOPMENT GRANTS

17 For an additional amount for ‘‘Community develop18 ment grants’’, as authorized under title I of the Housing

19 and Community Development Act of 1974, for emergency

20 expenses resulting from the January 1994 earthquake in

21 Southern California, $250,000,000, to remain available

22 until September 30, 1996 for all activities eligible under

23 such title I except those activities reimbursable by the

24 Federal Emergency Management Agency (FEMA) or

25 available through the Small Business Administration
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1 (SBA): Provided, That from this amount, the Secretary

2 may transfer up to $50,000,000 to the ‘‘HOME invest3 ment partnerships program’’, as authorized under title II

4 of the Cranston-Gonzalez National Affordable Housing

5 Act, as amended (Public Law 101–625), to remain avail6 able until expended, as an additional amount for such

7 emergency expenses for all activities eligible under such

8 title II except activities reimbursable by FEMA or avail9 able through SBA: Provided further, That the receipients

10 of amounts under this appropriation, including the fore11 going transfer (if any), shall use such amounts first to

12 replenish amounts previously obligated under their Com13 munity Development Block Grant or HOME programs, re14 spectively, in connection with the Southern California

15 earthquake of January 1994: Provided further, That in ad16 ministering these funds, the Secretary may waive, or

17 specify alternative requirements for, any provision of any

18 statute or regulation that the Secretary administers in

19 connection with the obligation by the Secretary or any use

20 by the recipient of these funds, except for statutory re21 quirements relating to fair housing and nondiscrimination,

22 the environment, and labor standards, upon finding that

23 such waiver is required to facilitate the obligation and use

24 of such funds, and would not be inconsistent with the over25 all purpose of the statute or regulation: Provided further,
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1 That the entire amount is designated by Congress as an

2 emergency requirement pursuant to section 251

3 (b)(2)(D)(i) of the Balanced Budget and Emergency Defi4 cit Control Act of 1985, as amended.

5 INDEPENDENT AGENCIES

6 FEDERAL EMERGENCY MANAGEMENT AGENCY

7 DISASTER RELIEF

8 For an additional amount for ‘‘Disaster Relief’’ for

9 the January 1994 earthquake in Southern California and

10 other disasters, $3,484,000,000 to remain available until

11 expended: Provided, That the entire amount is designated

12 by Congress as an emergency requirement pursuant to

13 section 251(b)(2)(D)(i) of the Balanced Budget and

14 Emergency Deficit Control Act of 1985, as amended.

15 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

16 For an additional amount for ‘‘Emergency Manage17 ment Planning and Assistance’’, to carry out activities

18 under the Earthquake Hazards Reduction Act of 1977,

19 as amended (42 U.S.C. 7701 et. seq.) $15,000,000, to re20 main available until expended, to study the January 1994

21 earthquake in Southern California in order to enhance

22 seismic safety throughout the United States: Provided,

23 That the entire amount is designated by Congress as an

24 emergency requirement pursuant to section

25 251(b)(2)(D)(i) of the Balanced Budget and Emergency

26 Deficit Control Act of 1985, as amended.
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1 CHAPTER V

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 UNANTICIPATED NEEDS

4 For an additional amount for emergency expenses re5 sulting from the January 1994 earthquake in Southern

6 California and other disasters, $400,000,000, to remain

7 available until expended: Provided, That these funds may

8 be transferred to any authorized Federal governmental ac9 tivity to meet the requirements of such disasters: Provided

10 further, That the entire amount shall be available only to

11 the extent that an official budget request for a specific

12 dollar amount, that includes designation of the entire

13 amount of the request as an emergency requirement as

14 defined in the Balanced Budget and Emergency Deficit

15 Control Act of 1985, as amended, is transmitted by the

16 President to Congress: Provided further, That the entire

17 amount is designated by Congress as an emergency re18 quirement pursuant to section 251(b)(2)(D)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985,

20 as amended.

21 CHAPTER VI

22 GENERAL PROVISIONS

23 SEC. 601. No part of any appropriation contained in

24 this Act shall remain available for obligation beyond the

25 current fiscal year unless expressly so provided herein.
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 602. Funds in the Federal Buildings Fund

3 made available by Public Law 103–123 for fiscal year

4 1994 for Federal Buildings Fund activities may be trans5 ferred between authorized activities to the extent nec6 essary to meet emergency expenses resulting from the

7 January 1994 earthquake in Southern California and

8 other disasters: Provided, That such amounts as may be

9 transferred to repairs and alterations and design and con10 struction services shall remain available until expended:

11 Provided further, That no operating activity or capital

12 project would be reduced by an amount greater than five

13 percent.

14 This Act may be cited as the ‘‘Emergency Supple15 mental Appropriations for Disaster Assistance Because of

16 the Los Angeles Earthquake Act of 1994’’.

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